Monday, July 4, 2011

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  • browncow
    07-09 01:39 PM
    The problem will come, if you have an RFE for employment. If you get a letter from client, they will say that the company has employed, say for example Mr John as a Programmer Analyst for a period of 1 year. This will open up one major issue, that is you do not work for a company. The H1 and 485 is an application that is sponsored by a company, there is no clause for self sponsor. So when they see u are self sponsored, they could reject your 485.

    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?

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  • Sri_1975
    08-31 01:49 PM
    No Recipts yet..:)

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  • webb4
    08-21 09:32 AM
    Category: EB2 India
    PD: 2/10/2006
    Service Center: NSC
    RD: 8/2/2007
    ND: 9/12/2007
    RFE: Oct 2008
    Interview @ San Jose Office: Jan 2009
    Interview Result: Pending Visa Availability.
    8/1: Created SR. Reply on 8/10 your case is under review, You will receive decision or notice of action in 30 to 60 days.
    8/2: Infopass Appointment @ San Jose -- IO bought the file to the counter and asked for EVL and also a letter from company stating they support my I140.
    I work for Top 5 company in Silicon valley. Company attorney got the required documents in 3 days. IO also generated FInger Printing appointment the same day.
    8/11: Infopass Appointment @ San Jose -- Submitted the EVL and other documents given by the company. IO made copies of our Finger Printing notice.
    8/19: Infopass Appointment @ San Jose -- Officer checked the status of our case and indicated visa number has been assigned. Files are with the same officer.
    8/20: Card Production ordered for my wife and myself.
    { 10 yr + 6 Months in this country ( F1 - Masters - H1 - Green Card)
    Thanks to VLDRao / Q for starting to predict dates in EB3- Eb2 prediction thread which really gave me hope of getting my green card.
    All the best to all you folks.

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  • sankap
    07-09 09:34 PM

    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.


    - S


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  • vkrishn
    08-24 11:12 AM
    Any approvals this week? Seems to be slow.. Wait continues!

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  • kate123
    02-09 02:13 PM
    Transaction Id: 49C78926VG6647649
    Contributed via paypal

    Thank you all,
    Keep up the good work.


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  • Saralayar
    08-25 09:03 PM
    Mailed I-485 on July 19th
    RD is July 20th
    ND is August 17th

    Did not file AP or EAD because I was think it may slow down my application, but I was just guess on this beside I don't need to change job or travel.

    Guru people, on my notice it says above my Name A094 XXX XXX is this number my GC number?

    Thank you
    As it starts with Axxx, I think it should be Alien Number.

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  • lasvegas
    02-04 09:23 PM

    I am planning to do landing in Canada in the next couple of weeks. Anyone want to join me or willing to share information and knowledge? I am thinking of going to Toronto. Please send me a private message.



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  • aquarianf
    04-25 10:27 AM
    [QUOTE=gcbikari;242385]Did you ask Attorney what happens if your employer still choose to Sue you? My friend's attorney told most of cases will be settled, but we might loose money up to 10K. Is it woth it doing? Also if we choose to fight, we might have to attend hearing (may be in different state based on your agreement). I am an employee too, and with you on this. I'd say if attorney guarentees he'll win our case we can go ahead.[/QUOTE

    as per the attorney, the case history of employers who won using non competes in the court are very rare unless the law suit is agiainst key personnel and court gets convinced by the legitemate business interest. If the employer still chooses to fight, he has got more to loose than me because of non payments of wages also being involved here. since non compete has been used just to escape the wages, courts wil be more hard on the employer and will consider it as threat rather than genuine.

    Did you contacted INS regarding this? Someone in my office told that one of his friend contacted INS regarding back wages. He received a phone call 3-4 months later from INS regarding his complain and was told that INS will investigate into the matter and if complain is valid then the former employer will be punished accordingly. He was told that INS has received many many such complaints and they have huge backlog and it is taking 3-4 months to reach to a complain but they are working on each of them.

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  • bindoke
    08-24 01:33 PM
    got approvals for wife and myself today
    PD Jan 22 2006.
    Infopass on Aug 3rd said everything is good to go.
    opened SR no.1 for primary on aug 4th, was told cases were assigned on aug 3
    Level 2 cust service said cases pre-adjudicated.
    Reply to SR no.1 was standard - wait for 30 days.blah blah.
    Congressman inquiry said cases assigned to officer.
    opened SR no.2 for dependent on Aug 19.

    i think the Aug 19 SR did the trick.
    thanks a lot for moral support all this while everyone !
    i will donate soon !


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  • amitjoey
    07-09 07:22 PM
    Can you post the template of the email you are sending to the reporters.

    - AA

    Flowers to Convey Hopes and Concerns of Skilled, Legal Immigrants
    July 9, 2007
    Hundreds of legal, highly-skilled workers, who feel disappointed by the recent "flip-flop" enacted by the Department of State (DoS) and the United States Citizenship and Immigration Service (USCIS), with regards to eliminating the Green-Card processing delays, plan to send flowers to the USCIS Director, Emilio Gonzalez as a part of a symbolic and peaceful protest.
    The flowers are scheduled to be delivered to his office at 20 Massachusetts Avenue, NW Washington D.C. through various flower vendors.
    July 10th, 2007.
    With this effort, they hope to create awareness about their predicament and express their anguish and frustration at the reversal and the lack of action from the Government. These are the highly skilled workers who have been driving the innovation in the US for many decades and have been living in this country legally and yet, they feel that their issues, concerns and contributions to the economy have largely gone unnoticed.
    There are 140,000 Green cards allocated for highly-skilled workers and their dependents in a fiscal year (unused visas may not be rolled over to the next year). However, due to over-subscription, thousands of highly-skilled workers, including engineers, scientists, MBAs and health care professionals have been waiting patiently for years in order to be eligible to apply for their Green cards.
    On June 13th, 2007, DoS provided a glimmer of hope to these aspiring legal immigrants, by announcing in their visa bulletin that all Employment-based green card applicants and their dependents would be eligible to apply for their Green cards, during the month of July 2007. Following this announcement, most of these future Americans and their sponsoring businesses, began a scramble to compile the documents and complete medical examinations required for their applications. After overcoming several hurdles and enduring hardships, these applicants eagerly waited for July 2, 2007 to send out their applications to the USCIS. However, to their dismay, the DoS, in an unprecedented move, issued an addendum to the visa bulletin, on the very day that the USCIS should have begun accepting their applications, stating that all available visa numbers for the current fiscal year had been used up and that no new applications would be accepted.
    This sudden reversal has resulted in emotional distress and financial losses for these individuals and businesses.
    Now, these highly-skilled professionals have decided to call attention to the "broken" immigration system in the U.S. for legal immigrants, by sending flowers to the USCIS Director, Emilio Gonzalez. They request that the USCIS honor the original visa bulletin and accept applications received through the month of July. In addition, they hope to encourage the U.S. Government to create more fool-proof immigration policies for the forthcoming year or at the least pass a legislation allowing the continual use of unused employment-based immigrant visa numbers from previous years.
    Dilip Tekkedil who came to the US in 1998 for graduate studies and is still waiting for his green card hopes to send a simple message with this campaign – “fix the system”, he says. On various online discussion forums, most skilled, legal immigrants want to send this message to USCIS and more broadly to the US lawmakers – “I understand that your agency does all it can to do the best job. I hope you empathize with a legal immigrant's frustration. A small token of peaceful symbolic act and hoping for the best.”
    Media Contact: This symbolic protest largely grew out of grassroots discussion on various forums on the website hosted by the group Immigration Voice. Some volunteers who work with Immigration Voice have been loosely directing this event.

    This article on the South Asian Journalist Association's forum explains the issues facing skilled, legal professionals in the US.

    Media coverage
    The Wall Street Journal: Reversal Frustrates Green-Card Applicants by MIRIAM JORDAN. July 5, 2007; Page A2
    The New York Times: Suit Planned Over Visas for the Highly Skilled by JULIA PRESTON. July 6, 2007
    The Times Of India: Green Card Hopefuls Resort to Gandhigiri in US by Chidanand Rajghatta. July 7, 2007
    The New York Times: Immigration Malpractice. July 7, 2007

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  • willwin
    07-28 10:23 AM
    How did I miss this thread for 2 days!!!

    Delax and other EB2 wonderkids here:

    Law is for people and not the otherway around. Law is not like edging on stone (even then the stone can be replaced with a new edging on it) it is like writing on a paper with a pencil that can be erased, altered, rewritten - if required.

    Personal sufferings take priority over skills. Be it on political grounds or humantarian grounds. Else, illegal immigration would not have taken the center stage and pushed you smart kids to the floor.

    There is no rule that says ALL spill overs would be given to higher category before flowing down to lower category. If that was the case, last 2007, not all categories would have become current - as if there were less than 60K applications pending from EB2 as of June 15th, they wanted to give some to EB3 as well. Nope. Law allowed them to distribute the spill over to ANY category they wish.

    It is not insane to issue spill over to EB3 PDs under 2002 and EB2 PDs say 2004 or 2005. But it is insane to issue GC to EB2 PD 2006 (may be 2007 in september if enough VISAs are still pending by 15th of August) and ask EB3 2001 to wait until October. EB2 can have preference but that does not mean they take EVERYTHING.

    And one more thing. It is not easy for everyone in EB3 to change over to EB2 even if they are legally eligible. I can give hundred reasons. Few simple reasons, people may not want to leave their current job as it may be an excellent job/organization/career. May not want to leave their current place due to family reasons. Simple, they do not want to go through another GC process after having waited for 7-5 years! Well these are 'human' reasons which you may not understand as (of late) you believe only in law - which in your opinion - what was that - an absolute entity!

    There is no law without people.


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  • manishcp
    09-14 07:06 AM
    July 3rd, 11:14AM signed by F Heinauer @ NSC
    Good luck to everyone.

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  • Jimi_Hendrix
    10-27 02:00 PM
    is going to be very short. Therefore we should not have high hopes of getting things through in this session. This is a long fight so keep persevering and keep up the hopes.

    On a separate note, there is no point in engaging in any conversation with these gentlemen who continue to post nonsensical statements. I have reported them to the moderator.


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  • abq_gc
    08-19 12:11 PM
    USCIS has invented a very nice random number generator. They use it for every purpose

    1. To declare visa bulletin (canbe any day of the month)
    2. To decalare processing times (can be again any day of the month)
    3. Processing times themselves (can be anything)
    4. Processing order (can be anything)
    5. Answers from customer service (one can say "Your case will be processed in 60 days", other will way "we do not know anything more then website")
    6. Answers from Service Requests
    7. Answers from Infopass appointments
    8. Unpredictability in transfers (eg. mine was transferred from NSC->TSC->CSC ..nice roaming)
    9. ..the list goes on and on (feel free to add please, I think there is no limit).

    Sorry, my mistake, there is one thing predictable in USCIS . The predicatble thing is unpredictability

    random generator wont work here.. as they are playing with millions of lives here.... everything has to be done by the book..

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  • akhilmahajan
    02-12 02:16 PM


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  • yetanotherguyinline
    07-11 11:23 AM
    Is this rally still on? On 14th? Then please update the first post on this thread which still says July 7th - it is confusing.

    Also, considering that there are only 4 more days to the rally if it is on 14th, we need considerably more publicity in the media and on blogs on this.

    This rally will be a watershed event because as far as I know, this would be the first of its kind by skilled, legal immigrants and it should get the media attention that it deserves.

    I second this. It took me full 15 minutes to figure out that the rally was on 14th not 7th.

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  • Jyotsna
    09-10 07:10 PM
    I don't usually comment on such posts and I have seen a lot of people take the side I am about to take. I just think you are being unnecessarily rude. It is these people and their opinions that cause IV to exist as a group. Lets say you are going to lock membership only to people paying a membership fee every month. How big a group are you going to get?

    If it is going to be significant, then maybe that's the way IV should go and should just shut down public forums where there are members who can talk and members who have "not bought their right to talk"

    I bring up the "monthly membership" issue because I did make donations on multiple occasions (you should probably look up your records and verify). And yet, under the new design, I am not a donor, I do not get access to the exclusive threads that only the privileged monthly members do. So, just like the OP, I am a thankless member who thinks the group is thankless. So, I do not know what initiatives IV has taken, but yet, I linger around the forums because it has so many smart people throwing around ideas, working on theories and just being friendly.

    Maybe you should just create a little forum of yours in one corner and put walls around so no one can come in and make suggestions about things you won't tell them about. Does it take that much effort to be nice to someone? Just remember that he is free to tell you what to do irrespective of who he is. What you actually do is upto you. Just be nice for a change, it will make you get a whole new perspective on life!

    I totally agree with your Deepak. People have to understand that everyone in this forum is going through the same situation but in a different way. And sharing views participating should be open to all. If one can contribute in any way should be appreciated or else Like you said there should be a wall.

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  • simple1
    05-01 04:32 PM
    Take this scenario.

    Under current "mis categorized quota" setup a EB3 takes 6 years to get GC for entire family. take this following scenario.

    So the diff
    current primary @ebquota - 6 years minimum
    current derivative @ebquota - 6 years minimum
    correct primary @ebquota - less than 2 years approx ( one person in place of 3)
    correct derivative @fbquota - say 7 years.

    The diff will be approx 1 year for the derivative ( 7 years – 6 years ) when they are moved from ebquota to fbquota.

    again it cannot be more than 7 years ( 2 years primary GC + 5 years primary USC). the primary will get citizenship in 5 years and sponser the wife with in 2 to 3 months. so the diff cannot be more that a year. for derivative.

    Remember this point: this is not change of law. this is the correct interpretation of law).
    If it is not today some one will bring it up to CIS very soon.

    If you are USC and then you are talking abou the FB2. Not for the GC holder. So will have to wait for years.

    08-13 10:44 AM
    I think one need to create database based on who came in what year and what is the priority data's . True there are people like me came in 2000 and still has priority date as Dec 2004, this is not my fault, this is forced by GC process tied with employer.
    The landing or start date of H1b/L1B + old priority date should be the real beneficiary of spillover in respective of EB.

    You can try, but I don't think arguing based on landing/start date will work, because that time the intent is not for immigration(I also have a 3 year delay on my GC filing, due to my company). But the priority date which is an official starting point for an intent to be an immigrant has a better chance for success. Thank you for your inputs.

    10-09 09:57 AM
    Why do you think FIFO is scientifically impossible? If you beleive that weather forecast is reliable like most of the Americans do, making the FIFO system work more effeciently without wasting even a single visa is possible.
    It is not necessary to issue the visa if the case is still pending for some reason, but if it has cleared all it has a visa number ready to complete the case. If all the visa numbers are allocated ( not necessarily issued) each year there will be no waste. There is no need to go back and recapture visa numbers because all visa numbers are already allocated. Obove all these reasons, those people with PD's as old as 1999 coming out from the BEC need not face another nightmare like first waiting for the I485 to become current before even he can file and then wait in the end of the queue for new applicants to move forward before having his case handled.
    This GC system broke because the system was revamped without taking into account the whole process.

    what are u comparing man. Weather forecast involves super computers. USCIS cannot even tell properly how many applications are delayed across what category. 2 months have passed priority dates have not moved at all. why ? USCIS is still trying to arrange all the 485s in ascending order of PDs. But every day FBI clears some amount of name checks. No one can predict what PDs those ones have. So just when USCIS thinks it has reordered everything FBI dumps some more. Now USCIS has to again reorder.

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