makemygc
07-02 09:14 AM
Sent via USPS
on 06/30/2007
2nd Day delivery
Tracker indicates its in LINCOLN,NE
Expected/Promised delivery time - 3PM, 07/02/2007
How did you get to see LINCOLN, NE? When I put my tracking info on USPS.com, it only shows:-
The U.S. Postal Service was electronically notified by the shipper on June 29, 2007 to expect your package for mailing. This does not indicate receipt by the USPS or the actual mailing date. Delivery status information will be provided if / when available. Information, if available, is updated every evening. Please check again later.
on 06/30/2007
2nd Day delivery
Tracker indicates its in LINCOLN,NE
Expected/Promised delivery time - 3PM, 07/02/2007
How did you get to see LINCOLN, NE? When I put my tracking info on USPS.com, it only shows:-
The U.S. Postal Service was electronically notified by the shipper on June 29, 2007 to expect your package for mailing. This does not indicate receipt by the USPS or the actual mailing date. Delivery status information will be provided if / when available. Information, if available, is updated every evening. Please check again later.
wallpaper %IMG_DESC_1%
Vish
08-28 06:42 PM
My application reached NSC on 1st Aug.
Checks have not been cashed.
No Reciepts
EB2 from India
PD Oct 2003
Checks have not been cashed.
No Reciepts
EB2 from India
PD Oct 2003
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
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
2011 %IMG_DESC_2%
ramus
07-07 12:05 PM
Hi,
Please join NC state
chapter if you have not yet. I am also talking to couple of members from Raleigh and we thinking to go and meet senator Burr if we get appointment. I will keep you in the loop. We can discuss this on our state chapter.
Thank you for your interest.
I live in Raleigh, NC and am willing to come to DC. I will try and check if any of my friends are interested.
Please join NC state
chapter if you have not yet. I am also talking to couple of members from Raleigh and we thinking to go and meet senator Burr if we get appointment. I will keep you in the loop. We can discuss this on our state chapter.
Thank you for your interest.
I live in Raleigh, NC and am willing to come to DC. I will try and check if any of my friends are interested.
more...
alex99
07-02 09:51 AM
Sent on Jun 30 to reach on 2'nd July.
pooja_34
09-01 02:22 PM
I thought you were going to contact me in order to sue me ... As usual - another coward South Indian .....
Ignore her. She dozn't deserve a response...Seems to be a mental case
Ignore her. She dozn't deserve a response...Seems to be a mental case
more...
atmercyofdol
10-08 02:47 PM
Are you in the IT field?
There's no way it can be made 100% FIFO without installing cameras to monitor every IO adjudicating the case.
There's no way it can be made 100% FIFO without installing cameras to monitor every IO adjudicating the case.
2010 %IMG_DESC_3%
TheOmbudsman
10-25 04:38 PM
Most likely the majority of Americans have immigration roots from somewhere, like anybody else. I don't think that would be a compelling argument though. The US allows 1+ million to immigrate here every year.
Rbharol, what really messed up for us is the high influx of illegal aliens. We, the Employment Base greencard applicants represent a small group. We used to be respected few years ago. We are not visible at all, even when we get stuck. It is understandable that the illegal aliens abused the system and we are paying the price for it. I am sorry but that is true. People generalized and we are now in the middle of this mess. It happens that after I posted this, I found the article below which reinforces my sad perception:
http://diversity.monster.com/articles/coming_to_america/?WT.mc_n=MNL000283
Does the Workplace Welcome Differ?
Are Americans more welcoming to Asian immigrants than to Hispanics/Latinos? C.N. Le, who directs the Asian American Studies Program at the University of Massachusetts, calls it "a complicated issue." She thinks that "Americans in general are becoming slightly less welcoming to immigrants in general. Part of it has to do with illegal immigration, but it spills over and affects legal immigrants too. There is always workplace tension between those who gets jobs, and those who get left out."
Talk about this article and get advice on the Diversity at Work message board.
Can somebody ask these people (who are opposing immigration), how many of them are kids, grandkids or grand-grand kids of immigrants themselves?
Will they conduct a poll on it?
Rbharol, what really messed up for us is the high influx of illegal aliens. We, the Employment Base greencard applicants represent a small group. We used to be respected few years ago. We are not visible at all, even when we get stuck. It is understandable that the illegal aliens abused the system and we are paying the price for it. I am sorry but that is true. People generalized and we are now in the middle of this mess. It happens that after I posted this, I found the article below which reinforces my sad perception:
http://diversity.monster.com/articles/coming_to_america/?WT.mc_n=MNL000283
Does the Workplace Welcome Differ?
Are Americans more welcoming to Asian immigrants than to Hispanics/Latinos? C.N. Le, who directs the Asian American Studies Program at the University of Massachusetts, calls it "a complicated issue." She thinks that "Americans in general are becoming slightly less welcoming to immigrants in general. Part of it has to do with illegal immigration, but it spills over and affects legal immigrants too. There is always workplace tension between those who gets jobs, and those who get left out."
Talk about this article and get advice on the Diversity at Work message board.
Can somebody ask these people (who are opposing immigration), how many of them are kids, grandkids or grand-grand kids of immigrants themselves?
Will they conduct a poll on it?
more...
mariner5555
05-01 02:07 PM
lots of labors were sold..god knows how many are in queue by substitution
I think lot of labor subs guys have already got their GC ..there maybe sizeable number though remaining. in the example that I gave ..these guys didnt even get a decent job ..so they didnt even come to the GC scene.
also lot of people were having multiple H-1's ..so I am trying to be optimist in suggesting that the real demand may not be that much ..also, because of repeated complaints ..I would think that USCIS will try to push as many EB3- I cases as possible ..so they can show that dates are not severly retrogressed. these are all optimistic thinking points ..as one of my telugu friends told me ..even paan wallah's were coming from hyderabad ...and I guess for their own good 90% of them went back to get oppurtunities in India. many of them were already working in govt positions ..and I guess H1 hiring was almost at a standstill during the last downturn.
I think lot of labor subs guys have already got their GC ..there maybe sizeable number though remaining. in the example that I gave ..these guys didnt even get a decent job ..so they didnt even come to the GC scene.
also lot of people were having multiple H-1's ..so I am trying to be optimist in suggesting that the real demand may not be that much ..also, because of repeated complaints ..I would think that USCIS will try to push as many EB3- I cases as possible ..so they can show that dates are not severly retrogressed. these are all optimistic thinking points ..as one of my telugu friends told me ..even paan wallah's were coming from hyderabad ...and I guess for their own good 90% of them went back to get oppurtunities in India. many of them were already working in govt positions ..and I guess H1 hiring was almost at a standstill during the last downturn.
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mrsr
07-08 08:24 PM
Why the hell they are looting the social security then , as non immigrant why the hell do i need it. Any congress men can answer this , they are stupid
more...
go_gc_way
06-23 12:21 PM
I would say that Social Sec Taxes and Medicare are unfair taxes. Some H-1Bs (read people from India and China) are not treated the same way as citizens, Green Card holders, and othe H-1Bs (read from Western Europe). Since they wont give us GC's.., we have to eventually go home. This implies, no Medicare or Social Sec benefits. Going by a conservative estimate.. there are about 500,000 GC applications in the blackhole for an average of 3 yrs. Each pays on an average $4,200 SC and Medicare taxes. So the state owes us $6.3 Billion... We sincerely request that we be treated fairly and our money be given back to us.. OR.. easy for them, give us GC
$ 6.3b !!!!! How and where did one get that figure, I am not sure. But I certainly feel SSN money may be considered to given back to H1's who have stayed here for significant number of Years and acchiveing nothing -- GC.
I feel that is fair request. I hope this becomes a formal request to appropriate Office to consider. What do you guys think on the Forum.
$ 6.3b !!!!! How and where did one get that figure, I am not sure. But I certainly feel SSN money may be considered to given back to H1's who have stayed here for significant number of Years and acchiveing nothing -- GC.
I feel that is fair request. I hope this becomes a formal request to appropriate Office to consider. What do you guys think on the Forum.
hot %IMG_DESC_5%
waitingonlc
06-14 04:04 PM
My attorney sent my case on 05/31 via Fedex to NSC to reach by 06/01.so far no receipt received per my attorney.she has written the checks for me.I may have to wait and see.
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house %IMG_DESC_17%
diptam
06-26 04:03 PM
I have to get the EMP LETTER latest by Friday June 29th from employer.
For that i have to sign the agreement by June 28th Noon time.
Today is June 26th and they are still working on agreement with their lawyers and would probably give me the final agreement tomorrow 27th noon time.
Between 27th Noon and 28th Noon how can i consult a lawyer ??
I meant "whole sentence from the employment agreement". All depends on the wordings. If your agreement is linked to I-485 approval date then there is a way out. Every contract must have well defined terms. Since date for I-485 approval is not known, such contracts are difficult to stand in court of law. However, if it says "the employee must work for 2 years or 6-months after I-485 approval date (whichever is earlier) otherwise he/she will pay all GC related expenses" then the contract is more likely to be enforceable.
All depends on the wordings of the contract.
Please consult a good lawyer BEFORE signing any contract.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
For that i have to sign the agreement by June 28th Noon time.
Today is June 26th and they are still working on agreement with their lawyers and would probably give me the final agreement tomorrow 27th noon time.
Between 27th Noon and 28th Noon how can i consult a lawyer ??
I meant "whole sentence from the employment agreement". All depends on the wordings. If your agreement is linked to I-485 approval date then there is a way out. Every contract must have well defined terms. Since date for I-485 approval is not known, such contracts are difficult to stand in court of law. However, if it says "the employee must work for 2 years or 6-months after I-485 approval date (whichever is earlier) otherwise he/she will pay all GC related expenses" then the contract is more likely to be enforceable.
All depends on the wordings of the contract.
Please consult a good lawyer BEFORE signing any contract.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
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sam_hoosier
12-16 01:40 PM
As much as all of us on this board would like to get our GCs, remember that GC is just a means to an end, it is not the end itself. Dont make the GC so important that not getting it starts "depressing" you.
Focus on the positives - the years that you have spent in the US have given you great experiences, some savings (hopefully:)), better perspective on life etc. Wherever you live, you can put these things to good use.
So chill out ! Getting depressed is not going to get you your GC faster.;)
P.S. I voluntarily dumped my 2003 PD to take up a new job & now I have a Dec 2006 PD. I have bought a house (and also sold one). I do not plan to allow GC to dictate my life.....
Focus on the positives - the years that you have spent in the US have given you great experiences, some savings (hopefully:)), better perspective on life etc. Wherever you live, you can put these things to good use.
So chill out ! Getting depressed is not going to get you your GC faster.;)
P.S. I voluntarily dumped my 2003 PD to take up a new job & now I have a Dec 2006 PD. I have bought a house (and also sold one). I do not plan to allow GC to dictate my life.....
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pictures %IMG_DESC_7%
gc_maine2
08-13 02:45 PM
LUD: Last updated Date.
What is LUD?
What is LUD?
dresses %IMG_DESC_12%
bmoni
05-01 01:08 PM
Did any one discussed this with an attorney. May be a conference call with Mr. Rajiv Khanna ? Can anyone from IV core member respond what is their take on such a class action. Will we have the support from IV if such lawsuit is filled.
Again i strongly believe our only way out of this mess especially for EB3 India is lawsuit.
Again i strongly believe our only way out of this mess especially for EB3 India is lawsuit.
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makeup %IMG_DESC_9%
dingudi
01-06 03:03 PM
Guys,
Just wanted to give you an update on my FP notice. Finally I got FP notice today schedule for 01/29/08. I guess Infopass appointment works. I had infopass appointment on 21st of Dec 2007 and IO told me I should expect FP within 3 weeks . I guess USCIS has started working after a long break. Hang on guys.
Parag,
COngrats!. Looks like yours is in TSC. Good to see someone from TSC getting it. It could very well have been a result of you taking the infopass appointment.
Could you tell us briefly what did you tell or ask IO during InfoPass appt. Did you also tell them that you had opened an SR and did you show them the SR response letter also.
Eager to hear a little detail about the conversation you had with IO during Infopass appointment.
Just wanted to give you an update on my FP notice. Finally I got FP notice today schedule for 01/29/08. I guess Infopass appointment works. I had infopass appointment on 21st of Dec 2007 and IO told me I should expect FP within 3 weeks . I guess USCIS has started working after a long break. Hang on guys.
Parag,
COngrats!. Looks like yours is in TSC. Good to see someone from TSC getting it. It could very well have been a result of you taking the infopass appointment.
Could you tell us briefly what did you tell or ask IO during InfoPass appt. Did you also tell them that you had opened an SR and did you show them the SR response letter also.
Eager to hear a little detail about the conversation you had with IO during Infopass appointment.
girlfriend %IMG_DESC_14%
fittan
07-09 02:40 PM
Yes, that is understood.
The question is if one has worked as a contractor and got a employment RFE and the company provided a letter stating a full time consultant job, has USCIS rejected such a response?
I have not heard of any rejection. But, the fact that you're receving 1099-MISC means that you're not full time. In fact, you're not even an employee for the company. If you receive an RFE, I assume you'll need to produce paystubs (which the OP don't have). In addition, you won't even get 1099-MISC until the year end. In short, no proof to overturn RFE.
IF the company can produce such a letter, technically it is a fraud since the OP is NOT a full-time employee. Replying to RFE with no proof and fraud intend won't fly.
Fittan
The question is if one has worked as a contractor and got a employment RFE and the company provided a letter stating a full time consultant job, has USCIS rejected such a response?
I have not heard of any rejection. But, the fact that you're receving 1099-MISC means that you're not full time. In fact, you're not even an employee for the company. If you receive an RFE, I assume you'll need to produce paystubs (which the OP don't have). In addition, you won't even get 1099-MISC until the year end. In short, no proof to overturn RFE.
IF the company can produce such a letter, technically it is a fraud since the OP is NOT a full-time employee. Replying to RFE with no proof and fraud intend won't fly.
Fittan
hairstyles %IMG_DESC_11%
sunnysharma
06-08 03:59 PM
mine file reached there today.
reddymjm , You can see your LIN/WAC # from your cleared check.
reddymjm , You can see your LIN/WAC # from your cleared check.
senthil1
07-28 01:20 PM
Problem is not with compaign to get more spill over visa for EB3. Can you impress USCIS/DOS to get this done. What support EB3 has outside(like companies,lawyers) for this compaign. EB2 supposed to have more skills than EB3 according to DOS/USCIS. So if you argue that EB3 and EB2 are same then they will not accept it. If you impress somehow they will just investigate the entire EB process and try to find the truth. That time many other issues may come up.
Also if many persons think that EB2 and EB3 are the same level then it makes sense to combine both and add the numbers. Will it be possible? Point system will resolve these issues but that also was not welcomed by most IV members when last CIR was in discussion
Anyhow if all EB3 persons send a letter to DOS/USCIS EB2 persons are not going to prevent it. But wordings in the letter should be careful such that it should not create a problem for entire EB process.
What exactly is the point of this rambling debate? Does anybody really thinks he/she can make an EB2 see the point of view of EB3 or vice-a-versa? No amount of legal/moral/philosophical arguments is going to convince the other party and we all know it.
All this debate has done is to bring out the ugliest side of all of us to the surface. There are EB2s claiming every EB2 is by definition superior than EB3 which is insane. And there is an EB3 who is itching to take help of none other than Ron Hira to shot down somebody's GC application as a retribution and couple of people applauding him for the brilliant idea! Really? Do we really thinks this is such a grand idea?
Just accept that everyone's only guiding principle here is self interest and move along. No need to jump through hoops to interpret the immigration law in 101 different ways and no need to call attention to personal suffering and plight. If we do really believe personal suffering should take precedence over everything else on humanitarian grounds then lets all first fight for illegal immigrants since their suffering is much worse than anyone here!
EB3s, go run your campaign and stop trying to appeal to EB2's sense of justice. That will never happen.
EB2s, stop trying to expect EB3s will accept higher EB preference categories should in fact get preference over the lower ones. That will never happen.
The only thing we all can hopefully agree on is, if there is anyone here - doesn't matter EB2 or EB3- who is fiercely debating this but has never contributed to IV and has never participated in any of the previous IV action items in the past that person should just shut up! If you were never active in IV you shouldn't really be talking at this point!!
Also if many persons think that EB2 and EB3 are the same level then it makes sense to combine both and add the numbers. Will it be possible? Point system will resolve these issues but that also was not welcomed by most IV members when last CIR was in discussion
Anyhow if all EB3 persons send a letter to DOS/USCIS EB2 persons are not going to prevent it. But wordings in the letter should be careful such that it should not create a problem for entire EB process.
What exactly is the point of this rambling debate? Does anybody really thinks he/she can make an EB2 see the point of view of EB3 or vice-a-versa? No amount of legal/moral/philosophical arguments is going to convince the other party and we all know it.
All this debate has done is to bring out the ugliest side of all of us to the surface. There are EB2s claiming every EB2 is by definition superior than EB3 which is insane. And there is an EB3 who is itching to take help of none other than Ron Hira to shot down somebody's GC application as a retribution and couple of people applauding him for the brilliant idea! Really? Do we really thinks this is such a grand idea?
Just accept that everyone's only guiding principle here is self interest and move along. No need to jump through hoops to interpret the immigration law in 101 different ways and no need to call attention to personal suffering and plight. If we do really believe personal suffering should take precedence over everything else on humanitarian grounds then lets all first fight for illegal immigrants since their suffering is much worse than anyone here!
EB3s, go run your campaign and stop trying to appeal to EB2's sense of justice. That will never happen.
EB2s, stop trying to expect EB3s will accept higher EB preference categories should in fact get preference over the lower ones. That will never happen.
The only thing we all can hopefully agree on is, if there is anyone here - doesn't matter EB2 or EB3- who is fiercely debating this but has never contributed to IV and has never participated in any of the previous IV action items in the past that person should just shut up! If you were never active in IV you shouldn't really be talking at this point!!
saimrathi
07-02 09:53 AM
What address did you use to send the I-485 using FedEx or UPS?
I sent it to the PO Box address:
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
I did not know that FedEx/UPS could deliver to PO boxes and that you would have a person receiving and signing for it???
TIA
Do you guys think the packages were delivered at a Post office or a Box center in Lincoln, NE and the signers aren't actually ppl working for USCIS? Is there a chance that once accepted boxes can be refused later on?
I sent it to the PO Box address:
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
I did not know that FedEx/UPS could deliver to PO boxes and that you would have a person receiving and signing for it???
TIA
Do you guys think the packages were delivered at a Post office or a Box center in Lincoln, NE and the signers aren't actually ppl working for USCIS? Is there a chance that once accepted boxes can be refused later on?
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