Wednesday, June 29, 2011

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  • EndlessWait
    07-20 12:23 PM
    making our first campaign(revision of VB) successfull. As you mentioned that we need to continue this fight even if one has recieved there green card. For those who got, need to remember the pain they went through and that of other's who are going through it now! This blackbox of Employment based Green Card process needs to be more fit towards the high-tech century when everything else is.

    Once again congratulations! and good luck in your future endeavors




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  • knnmbd
    05-03 10:53 AM
    I don't mean this to be subjective. Earlier, I hv also seen a few others raise this question on the Advanced Degrees and exemptions.

    Master's Degree in the US from an accredited Instituiton plus three years of related Work experience but the employer may have chosen to file under EB3. In my case, my employer does not acknowledge the Advanced Degree indicating that the position for which the labor was granted for did not warrant a Master's Degree.

    What are my options for availing the SKIL or STEM/PACE provisions? I seem to meet all clauses to be deemed portable. Can I port to a different employer who may be able to further the process through these provisions, as and when they come into effect and continue being on EB3, but being exempt from the limit? Does this shake the grounds of the labor approval (for EB3 and the position not mandating an Advanced Degree)? Am I stuck? I have even considered changing my category to EB2 and being able to avail the priority date...

    The Master's degree + 3 years experience will be a requirement that the USCIS will have to be exempt from the cap. It does not matter if you�re employer has filed with min. requirement as say a B.S + 2 years exp. When you hit the 3 years of experience in related field and ALSO previously have a M.S degree from the U.S university you will be able to file for your I485 regardless of whether your initial LC said that the min. qualification for job said just a B.S. Please correct me if I am wrong.




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  • sankap
    07-09 09:34 PM
    Supreet:

    Based on my extensive research on the topic:

    1. You can safely take the 1099 contract offer on EAD. In case of an EVL RFE, your recruiting company (the one giving you paycheck) should be able to give you an EVL. As I've noted below, the job need *not* be "permanent," unlike what others have mentioned on this forum. The EVL needs to only mention your job title, duties, and start date, not salary (unless specifically asked for). You do *not* need to provide any paystubs.
    2. For salary received on 1099, you'll file taxes as "self-employed." IRS website has extensive resources on filing as self-employed vs. LLC.
    3. Under corp-to-cop arrangement, you need to have a tax ID. Many clients/"bodyshoppers" will only consider a C2C arrangement. You can either do this by setting up your own LLC OR by incorporating (as a C-corp or S-Corp--again refer to IRS website or PM me if you need more info) OR through another corporation (e.g., on someone holding your H1B (you being their W2 employee)--not needed in your case). You can file your taxes as a "Self-employed" on any of these options, and can also claim deductions on job-related expenses (e.g., mileage, travel+lodging if you're traveling out of town)--so these options are monetarily better than being on W2, which is working not as self-employed.
    4. You're never needed to "file AC21." First, no USCIS resource mentions procedure for that. Second, you're are *not* required by USCIS to inform them of every job change if you're invoking AC21.

    Bottom line: Go ahead with this opportunity on 1099, report this income as "Self-employed," deducting any job-related expenses, and ensure that the recruiting company will give you an EVL *if* needed. I'm *guessing* that if self-employed, you can also write your own EVL (stating start date as your W2-job layoff date and a "projected" yearly income, if asked for). In that case, registering your company with the county (~$20) or opening an LLC (~$400) may help. Last, no need to "file AC21" or inform the USCIS of your job change, since it's not required.

    Thanks so much everyone for your replies. I am planning to go for this job, I guess it will be better to be self-employed rather than unemployed.

    However, a few follow up questions.

    1. I realize on 1099 I will not have any pay stubs or offer letter (as pointed by someone). How can I respond to a Employment Verification RFE? What documentory proof will I need to answer the RFE?

    2. If I can get an offer letter for 'Contract to Hire' will that be an appropriate response to any potential EVL RFE? Will it be ok if the full time joing date is say 3 months from now? First 6 months on 1099 and then full time hire?

    3. Is it better to go corp-to-corp through another vendor instead of 1099? That way I can have pay stubs/offer letter through a vendor company which will produce my pay stubs (even though I will lose about 20% of my billing rate)?

    Just an additional detail, my job duties are going to be exactly same as what was approved on my labor.


    Your help is highly appreciated.

    Thanks!!

    - S




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  • bindoke
    08-23 02:45 PM
    Hi team,

    Just wondering usually how long does it take to get approval notice of I -485 once PD become current ? Any idea or any comments will be really helpful.

    Thank you.
    no one can predict that. It could be days or months.



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  • akhilmahajan
    04-14 09:54 AM
    For people who have already landed and were not able to get a PR card applied, please follow the following link and apply for it.

    http://immipedia.ca/CIC_call_centre

    You need to have the following documents with you when you make the call:-
    1. Landing Paper which you got stapled to your passport.
    2. All the people who landed, as you cant apply for your spouse or kids PR.

    Please let me know if you have any questions.

    GO IV GO




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  • reddymjm
    06-12 07:19 PM
    My case file on 06/01/07 but i did not get any conformation
    I have lot of friends in the same boat.



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  • chantu
    02-09 02:40 PM
    Thanks Akhil,

    Here are the details:

    Payment Sent (Unique Transaction ID #1E592259U64890231) $25

    Thanks.

    Chantu, sorry to hear about your situation.
    I hopw you find a job soon.

    Here is how you can make the #25 contribution.
    Just sign on to www.Paypal.com and send money to donations@immigrationvoice.org.

    GO IV GO. TOGETHER WE CAN.




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  • kshitijnt
    07-09 02:02 PM
    Dear Friend:

    Attached is the AC21 memo. Good luck. In my opinion, it clearly allows Self Employment.


    Set up a LLC company or sole proprietorship and work with an attorney. Keep the paperwork tight and upto date. If permanent offer is hard to come by , you got to do what you got to do in a legal way :) All the best!



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  • simple1
    05-01 03:47 PM
    You could be right.

    However trying first, through normal clarification channel (if available) doesn�t hurt.

    But my friend, CIS has a very very thick skin... So the only language they understand is suit.




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  • anjs
    07-20 08:16 AM
    Count me in.



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  • sweet_jungle
    11-07 01:13 PM
    Thanks much.

    What is the email address that you sent this to?

    prakash.@dhs.gov




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  • harpomarx
    09-12 05:39 PM
    Got the 9 SRC numbers from the back of the checks and inputted into CRIS on Monday (9/10).

    Today got the "Card Production Ordered" email for one of the 3 I765's. How
    can I tell whose it is?

    All 9 of my checks for myself, wife, kid were cashed on Friday (9/07).

    Filed at Nebraska SC July 6th (sent July 5th).

    EB3 RoW
    PD Oct 2003.



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  • priderock
    05-11 04:09 PM
    i was feeling a lil down too for the last cupl of days...responding to some of those posters/reading their comments on alipac really brought me down.

    however i m feeling better now seeing the drama on immigration portal june visa bulletin thread...not that i am a drama monger.. but seeing drama between two professionals really spices things up.. why else are boxing and wwf interesting


    http://boards.immigrationportal.com/showthread.php?t=247589

    Could'nt resist reading whole thread....

    Oh BTW , Did I tell you guys that I am CEO of a fortune 100 company , but spend time on these forums to kill some time. :D :D :D And I will delete all my posts if any one offends me :) :) :)

    PS: You don't get the joke unless you have gone through that thread...




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  • forgerator
    09-10 01:48 AM
    THIS IS AN EYE OPENER......





    Joe Legal vs. Jose Illegal



    Also to add insult to injury, Mr.Illegal will remit a significant chunk of his money back to his home country thus avoiding his contribution to the US economy. This is what is known as a true leech.



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  • kingnaga
    09-17 05:57 PM
    July 3rd, NSC. Waiting....




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  • rsharma
    09-24 08:36 AM
    In Your example, Is B working for the same company or different company in 2010. As you know experience working for the same company does not count towards EB2. B has to take another job at a different company to qualify for EB2. Am I correct in this?
    (unless the title and job description totally different in 2010 for B)

    By law the job should be in different company. However many desi employers are having two or more sister companies. They get it applied under another sister company's name.

    Had it been a different company too this porting of date for B (my example above) is not justified. Because when B had originally applied he did not have the EB2 qualification/experience. He gained it later, so he should not be allowed to use the original date for EB2. The law should be the new perm date for the EB2 should be the priority date.

    The porting of date should only be allowed in same category, if someone changes a job after 180days of 485 and remains in same category.

    EB2 I applicants should point this out. I know many of my friends have started sending out memo to USCIS.. But to take any adminstrative measure more people need to follow or contact USCIS.

    Else it is your fate.. you know better what to do...



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  • PDOCT05
    10-10 12:06 PM
    I am still waiting :)




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  • go_guy123
    05-11 08:47 PM
    So many come to US on visa free travel, work 6 months undocumented from european countries, yet they are the first to get the GCs while Indians abuse B1, they abuse H1. How come only Indians abuse everything no one else abuses anything?

    Indians dont abuse one thing...marriage based green card. people from many countries abuse that massively and get green card. I have stayed in us for long and have seen that.




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  • qplearn
    12-12 08:39 PM
    :D

    Asking help from Senator Sessions for your G-card is like asking help from Bil Ladan to wipe out islamic terrorism. I w'd be extremely curious to read his reponse if you get one at all.

    If you think it is that ridiculuous, then you should tell the core members that. They did ask us to call him on the last day of LD. There is nothing wrong in writing to him. In fact, you are making a comparison that is not correct.




    madooripraveen
    11-18 11:09 AM
    Done.And passed it on to friends.




    hemanth22
    07-06 03:43 PM
    Guys,
    I have noticed this articile on times of india just now

    http://timesofindia.indiatimes.com/Green_card_hopefuls_to_resort_to_Gandhigiri/articleshow/2183334.cms



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