sankap
07-10 02:00 PM
@supreet:
Desi/Sankap,
I am not planning to open a company for this. If possible, I would rather work as an independent contractor on 1099.
Please read IRS links I posted above re independent contractor vs. worker. Since you'll be filing your taxes as an independent contractor/sole proprietor on 1099, you'll be considered "self-employed." AC21 allows self-employment. You may not be formally opening a company, but you'll be self-employed.
Now, after reading the last few posts, it looks like there are three things I need to worry about in case of a RFE -
1. Job should be bona fide (without going into the definition of the word).
My project is going to be with a large Bank through a big, wellknown consulting/outsourcing company. That should take care of the 'bonafide' part.
All self-employment is legitimate--so no need to worry. Another option is o get the EVL from the staffing company in case of RFE. Your subcontract with the bank is immaterial.
2. Should have similar/same job duties/responsibilities.
I am still waiting for the contract, however I can have my job duties/responsibilities listed out in my contract with the company. I am sure I can get a letter from the client too if it comes to that.
Your self-employment under AC21 has to be same or similar job. If the contracting co can give you an EVL (in case of an RFE), good enough. If not, you can create one for your self-employed "Sole Proprietorship." I wouldn't bother the staffing company*now* for an EVL.
3. Job should be permanent - This is something I may not be able to prove. Since the project is short term, I am sure my contract will mention that. I am trying to convince the company to at least include "contract-to-hire" in the language of the contract. Since this project has potential of becoming long term, company is not averse to this idea.
Will having 'contract-to-hire' in the contract take care of this question (if a RFE comes).
All self-employment is "permanent." The staffing co may be able to write that on EVL. I wouldn't talk with the staffing co about that now: worry about that only in case of an RFE.
Thanks!!
- S
Desi/Sankap,
I am not planning to open a company for this. If possible, I would rather work as an independent contractor on 1099.
Please read IRS links I posted above re independent contractor vs. worker. Since you'll be filing your taxes as an independent contractor/sole proprietor on 1099, you'll be considered "self-employed." AC21 allows self-employment. You may not be formally opening a company, but you'll be self-employed.
Now, after reading the last few posts, it looks like there are three things I need to worry about in case of a RFE -
1. Job should be bona fide (without going into the definition of the word).
My project is going to be with a large Bank through a big, wellknown consulting/outsourcing company. That should take care of the 'bonafide' part.
All self-employment is legitimate--so no need to worry. Another option is o get the EVL from the staffing company in case of RFE. Your subcontract with the bank is immaterial.
2. Should have similar/same job duties/responsibilities.
I am still waiting for the contract, however I can have my job duties/responsibilities listed out in my contract with the company. I am sure I can get a letter from the client too if it comes to that.
Your self-employment under AC21 has to be same or similar job. If the contracting co can give you an EVL (in case of an RFE), good enough. If not, you can create one for your self-employed "Sole Proprietorship." I wouldn't bother the staffing company*now* for an EVL.
3. Job should be permanent - This is something I may not be able to prove. Since the project is short term, I am sure my contract will mention that. I am trying to convince the company to at least include "contract-to-hire" in the language of the contract. Since this project has potential of becoming long term, company is not averse to this idea.
Will having 'contract-to-hire' in the contract take care of this question (if a RFE comes).
All self-employment is "permanent." The staffing co may be able to write that on EVL. I wouldn't talk with the staffing co about that now: worry about that only in case of an RFE.
Thanks!!
- S
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HOPE_GC_SOON
07-28 06:27 PM
Gurus:
Does anyone, who has PD getting current (under EB2- I/C) during Aug/Sept. got their EAD Renewed, and cards received. ?? If so, what's your EAD-Renewal Appln Date / RD and Cards Received Date.
I suspect, USCIS is NOT issuing EAD Renewals, to probable Current PD holders, any more. :D hopefully. This is a good Sign, if true. Does anybody agree with me.. Let's Party out. :)
This is becuase, my EAD Renewal Appln. RD is June 18th.. and till date I have NO LUD of whatsoever, and PD would be current during Aug.bullentin
Is this something to cheer:)
Does anyone, who has PD getting current (under EB2- I/C) during Aug/Sept. got their EAD Renewed, and cards received. ?? If so, what's your EAD-Renewal Appln Date / RD and Cards Received Date.
I suspect, USCIS is NOT issuing EAD Renewals, to probable Current PD holders, any more. :D hopefully. This is a good Sign, if true. Does anybody agree with me.. Let's Party out. :)
This is becuase, my EAD Renewal Appln. RD is June 18th.. and till date I have NO LUD of whatsoever, and PD would be current during Aug.bullentin
Is this something to cheer:)
gcnirvana
06-26 04:07 PM
Thanks elaiyam! I got it after I submitted my post. Actually, my attorney sent me only the 4 pages of I-485 for me to fill :(
http://www.uscis.gov/files/form/i-485.pdf
see page 5
http://www.uscis.gov/files/form/i-485.pdf
see page 5
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krishnam70
07-02 08:55 AM
Ship date
Jun 29, 2007
Estimated delivery
Jul 2, 2007 by 10:30 AM
Service type
Priority Pak
Weight
2.0 lbs.
Status
At FedEx destination
Date/Time
Activity
Location
Details
Jul 2, 2007 7:54 AM
At local FedEx facility
LINCOLN, NE
Jun 29, 2007
Estimated delivery
Jul 2, 2007 by 10:30 AM
Service type
Priority Pak
Weight
2.0 lbs.
Status
At FedEx destination
Date/Time
Activity
Location
Details
Jul 2, 2007 7:54 AM
At local FedEx facility
LINCOLN, NE
more...
man-woman-and-gc
09-15 03:46 PM
Thanks to all who have pledged so far for fighting against injustice.
To those who haven't yet, we are collecting pledges to file a lawsuit against USICS against these random and opaque processing of GC's. Our target is to get 1000 affected people to pledge atlaset $100 each so that we can fund this lawsuit. No money being collected right now..just honest pledges.
There is a current list of members who have pledged support on the link below.
http://spreadsheets.google.com/ccc?key=pgWehhQEb3jqwsRC8fcKLTQ&hl=en#
If you would like to help in this effort, please send me a private message with the following info:
1) Ur IV handle
2) Ph#
3) Email ID
4) Amount you would like to pledge.
Please note, we will move forward only if we have atleast 1000 pledged members to make up a sound force behind this campaign. So unity is the key here. We will not collect money unless we have a solid proof that we are not alone in this fight.
To those who haven't yet, we are collecting pledges to file a lawsuit against USICS against these random and opaque processing of GC's. Our target is to get 1000 affected people to pledge atlaset $100 each so that we can fund this lawsuit. No money being collected right now..just honest pledges.
There is a current list of members who have pledged support on the link below.
http://spreadsheets.google.com/ccc?key=pgWehhQEb3jqwsRC8fcKLTQ&hl=en#
If you would like to help in this effort, please send me a private message with the following info:
1) Ur IV handle
2) Ph#
3) Email ID
4) Amount you would like to pledge.
Please note, we will move forward only if we have atleast 1000 pledged members to make up a sound force behind this campaign. So unity is the key here. We will not collect money unless we have a solid proof that we are not alone in this fight.
actaccord
02-17 11:11 AM
local chapters....I have been part to two chapters but not seeing any communication happening around. On one chapter last communication is on June 2010 with 170 members and on another chapter last communication is on Dec 2010 with 9 members.
Local chapters need to be as active as IV forum to engage their members to take part actively.
Local chapters need to be as active as IV forum to engage their members to take part actively.
more...
sparklinks
09-02 06:36 PM
Try to call them or you may write a letter to them. I really hope and pray you get your EAD card soon. I also had applied in June and received few days ago. Good Luck.
Thanks buddy! I opened SR, I opened expedite process.....made so many calls but no use. :(
Thanks buddy! I opened SR, I opened expedite process.....made so many calls but no use. :(
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govindk
07-04 10:02 AM
Congratulations! Enjoy your independence :)
more...
mhtanim
07-14 11:50 PM
I have finally received my FP notice today for my I-485. My case was NSC-CSC-NSC. Never made any service request.
I have recently applied (paper based) for renewal of EAD and AP. Not sure if that triggered the FP notice.
I wish good luck to those who are still waiting for FP notice.
I have recently applied (paper based) for renewal of EAD and AP. Not sure if that triggered the FP notice.
I wish good luck to those who are still waiting for FP notice.
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Saralayar
09-04 02:43 PM
Bump /\/\/\/\
more...
Pankaj
06-22 10:46 AM
My labour and I-140 is approved last year and I am working with current employer from last 1 and half years. Employer is making good money trough me.
As now the dates are current, my employer is trying to exploit me.
He is not responding to my mails, and not picking my phone.
Last modified message which I got from him is that:
The whole financials for the company changes with filing 485 for you immediately. So, it is definitely a loss for company to process your 485 immediately.
you need to come with items that you are ready to compromise in return; so that the company also benefits by helping you."
I am very much in tension and he is talking to me.
Can someone suggest what may be the option for me?
As now the dates are current, my employer is trying to exploit me.
He is not responding to my mails, and not picking my phone.
Last modified message which I got from him is that:
The whole financials for the company changes with filing 485 for you immediately. So, it is definitely a loss for company to process your 485 immediately.
you need to come with items that you are ready to compromise in return; so that the company also benefits by helping you."
I am very much in tension and he is talking to me.
Can someone suggest what may be the option for me?
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v2neha
09-03 10:03 AM
Don't know why my file is still pending (RD 6/18), present EAD expiring in 2 weeks..:)
My EAD renewal is pending as well - RD 6/18 - present EAD expiring on 9/25. I requested expediting processing on 8/13 and received a letter yesterday saying they are reviewing my request and will have a decision in 60 days : :rolleyes:
My EAD renewal is pending as well - RD 6/18 - present EAD expiring on 9/25. I requested expediting processing on 8/13 and received a letter yesterday saying they are reviewing my request and will have a decision in 60 days : :rolleyes:
more...
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hiUS
09-03 10:29 AM
Folks
Did anyone get their physical Cards without getting CPO message ?
I have recd the I-797C Approval notice on the 11th but I have not recd the physical cards as yet. BTW I did not get any welcome e-mail or CPO mail - I directly got 485 Approval e-mail and that is all.
Did you receive teh physical cards by now?
My Case:
08/12/08 - Approval Notice Sent message (This is the only message I got)
08/18/08 - Received the Approval notice by post
No cards till now...:confused:
Did anyone get their physical Cards without getting CPO message ?
I have recd the I-797C Approval notice on the 11th but I have not recd the physical cards as yet. BTW I did not get any welcome e-mail or CPO mail - I directly got 485 Approval e-mail and that is all.
Did you receive teh physical cards by now?
My Case:
08/12/08 - Approval Notice Sent message (This is the only message I got)
08/18/08 - Received the Approval notice by post
No cards till now...:confused:
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sparklinks
08-14 09:46 AM
Aug 13 2007: LIN0723350001-LIN0723354665 (NEBRASKA SERVICE CENTER)
August 13, 2007 is received date or Notice date? are these July 2nd filers?
August 13, 2007 is received date or Notice date? are these July 2nd filers?
more...
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desi3933
06-27 11:41 AM
Here you go - These are the wordings !
$$$$
1. Employee had agreed to pay $ 10,000 if Employee resigns within first year of receiving the green card (hereinafter “Commitment Period”). After payment of the salary for the working days till the commitment period subject to all applicable payroll taxes and deductions, completes the transaction and Employee agrees that he has no other claims against the company.
$$$$$
Also there are more sensitive clauses like >>>>
8. EMPLOYEE ACKNOWLEDGES THAT THIS AGREEMENT CREATES A PERMANENT BAR AGAINST THE FILING OF ANY LAWSUIT OR THE ASSERTION OF ANY LEGAL CLAIM WHATSOEVER AGAINST ANY RELEASEE WITH RESPECT TO ANY ACTS, OMISSIONS, OBLIGATIONS, BREACHES, OR DAMAGES ARISING OR OCCURRING PRIOR TO THE EXECUTION HEREOF, WHETHER KNOWN OR UNKNOWN BY EMPLOYEE.
BY SIGNING THIS AGREEMENT, EMPLOYEE STATES THAT HE:
a) HAS READ IT AND HAS HAD SUFFICIENT TIME TO CONSIDER ITS TERMS;
b) UNDERSTANDS IT AND KNOWS THAT HE IS GIVING UP IMPORTANT RIGHTS;
c) AGREES WITH EVERYTHING IN IT;
d) HAS CONSULTED WITH AN ATTORNEY BEFORE SIGNING IT; AND
3
e) HAS SIGNED IT KNOWINGLY AND VOLUNTARILY.
FOR A PERIOD OF SEVEN (7) DAYS AFTER THE EXECUTION OF THIS AGREEMENT BY EMPLOYEE, EMPLOYEE MAY REVOKE THIS AGREEMENT; AND THIS AGREEMENT SHALL NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL THE REVOCATION PERIOD HAS EXPIRED.
IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement.
There are many points on which this agreement can be defended.
1. No fixed time period. Staying upto 1 year after getting GC is same as saying work until the car engine for the company CEO's car goes out. Nobody can predict either one.
2. Usually waiver of filing lawsuit by employee involves sum of money for its consideration. Many employer pay employee month salary (or part/multiple) to offer agreement for not suing. Agreement terms without consideration are usually null and void. For example, I can't have agreement with you that you will deliver free newspaper without stating consideration/compensation for you.
3. Company can claim for GC Expenses and other related expenses if employee leaves within reasonable and agreed period. So probably $10,000 is in the agreement to cover that.
Now for the bad news, defending this agreement could cost much more than $10,000, besides time and hassles. More so, if employee and employer are in two different states as employer can file suit in their state. In short, $10,000 is cost of moving out of this job at the time of your choice. You could also look at it as the added cost of GC.
I suggest you should consider making a plan to move in your life and career. As they say, freedom is priceless.
Good Luck.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
$$$$
1. Employee had agreed to pay $ 10,000 if Employee resigns within first year of receiving the green card (hereinafter “Commitment Period”). After payment of the salary for the working days till the commitment period subject to all applicable payroll taxes and deductions, completes the transaction and Employee agrees that he has no other claims against the company.
$$$$$
Also there are more sensitive clauses like >>>>
8. EMPLOYEE ACKNOWLEDGES THAT THIS AGREEMENT CREATES A PERMANENT BAR AGAINST THE FILING OF ANY LAWSUIT OR THE ASSERTION OF ANY LEGAL CLAIM WHATSOEVER AGAINST ANY RELEASEE WITH RESPECT TO ANY ACTS, OMISSIONS, OBLIGATIONS, BREACHES, OR DAMAGES ARISING OR OCCURRING PRIOR TO THE EXECUTION HEREOF, WHETHER KNOWN OR UNKNOWN BY EMPLOYEE.
BY SIGNING THIS AGREEMENT, EMPLOYEE STATES THAT HE:
a) HAS READ IT AND HAS HAD SUFFICIENT TIME TO CONSIDER ITS TERMS;
b) UNDERSTANDS IT AND KNOWS THAT HE IS GIVING UP IMPORTANT RIGHTS;
c) AGREES WITH EVERYTHING IN IT;
d) HAS CONSULTED WITH AN ATTORNEY BEFORE SIGNING IT; AND
3
e) HAS SIGNED IT KNOWINGLY AND VOLUNTARILY.
FOR A PERIOD OF SEVEN (7) DAYS AFTER THE EXECUTION OF THIS AGREEMENT BY EMPLOYEE, EMPLOYEE MAY REVOKE THIS AGREEMENT; AND THIS AGREEMENT SHALL NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL THE REVOCATION PERIOD HAS EXPIRED.
IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement.
There are many points on which this agreement can be defended.
1. No fixed time period. Staying upto 1 year after getting GC is same as saying work until the car engine for the company CEO's car goes out. Nobody can predict either one.
2. Usually waiver of filing lawsuit by employee involves sum of money for its consideration. Many employer pay employee month salary (or part/multiple) to offer agreement for not suing. Agreement terms without consideration are usually null and void. For example, I can't have agreement with you that you will deliver free newspaper without stating consideration/compensation for you.
3. Company can claim for GC Expenses and other related expenses if employee leaves within reasonable and agreed period. So probably $10,000 is in the agreement to cover that.
Now for the bad news, defending this agreement could cost much more than $10,000, besides time and hassles. More so, if employee and employer are in two different states as employer can file suit in their state. In short, $10,000 is cost of moving out of this job at the time of your choice. You could also look at it as the added cost of GC.
I suggest you should consider making a plan to move in your life and career. As they say, freedom is priceless.
Good Luck.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
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go_guy123
02-02 10:33 AM
Love India, gave me the best time.
Came to US for higher education. Love USA.
Not yet in the GC mess, but if I want to stay here, I will have to get in. (Hoping that the problem will be solved by the time I apply :D )
Visited India and love the progress. The final act of moving to India is not always GC, money or lifestyle. It boils down to the family one has in India. Having been away from India for long, don't feel comfortable with relatives anymore. Recently lost my dad, who meant everything to me. Can't think of going back to a place where he is not there anymore!
Good luck to all who decide to go back to India and Good luck to all who decide to stay back in the US.
Those who have come from India (specifically India born) really need lots of luck , perhaps even a miracle, to prevent their GC boats from sinking.
Came to US for higher education. Love USA.
Not yet in the GC mess, but if I want to stay here, I will have to get in. (Hoping that the problem will be solved by the time I apply :D )
Visited India and love the progress. The final act of moving to India is not always GC, money or lifestyle. It boils down to the family one has in India. Having been away from India for long, don't feel comfortable with relatives anymore. Recently lost my dad, who meant everything to me. Can't think of going back to a place where he is not there anymore!
Good luck to all who decide to go back to India and Good luck to all who decide to stay back in the US.
Those who have come from India (specifically India born) really need lots of luck , perhaps even a miracle, to prevent their GC boats from sinking.
more...
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bombaysardar
04-18 06:57 PM
exact same situation:confused:
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arihant
06-11 05:34 PM
Texas starts with SRC...
WAC/EAC/LIN.. NO TSC as far as I know.
South Region Center
WAC/EAC/LIN.. NO TSC as far as I know.
South Region Center
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roseball
07-10 06:30 PM
I would try to contact FM 104.9 and AM 700 in Dallas both radio stations are delivering programs in Hindi and Urdu and to the extent very popular in SOuth Assian community. I would update here about my efforts.
The radio station is called "Radio Salaam Namaste"....
http://www.radiosalaamnamaste.com/Web/index.php
The radio station is called "Radio Salaam Namaste"....
http://www.radiosalaamnamaste.com/Web/index.php
glus
05-24 09:04 AM
Yesterday I faxed all the senators from the list, today I e-mailed them and will be calling them shortly. I will update about each phone call I had made.
G
G
immigrationmatters30
11-17 06:30 PM
Done
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