mmk123
11-18 07:19 PM
action item done by me and my wife.
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sankap
07-10 02:51 PM
Exactly! And thanks for clarifying that, which is what I've been trying to convey for the past 2 days! In your cook example, though, the cook can be self-employed with no income in a given period (week/month)--and he does not need to line up contracts. His business is "legitimate" and is in the same occupation as on his I140 petition. For an RFE-EVL, which he can write on his business "letterhead," all he needs to mention is his "projected" yearly income as salary.
Lot of discussion on self employment w.r to AC21. Here is my thought. To use AC21 w.r to self employment one need not open a company. One can even do simple business model (sole proprietorship) in line with the definition of self employment as per IRS. IRS or Labor department is the one defines the �self-employment� not USCIS. Having said that, one should have a legitimate business and paper work and contract to prove.
Let�s see a simple example. A restaurant applied an I-140 for a cook. This cook wants to use AC21. He need not open a new restaurant and employs himself as a cook. A cook may not afford to open a business. He may not even require registering a business. All he needs is obey the sole proprietorship /independent contractor definition as per IRS and pay all the taxes and do the business as per rule. In this business model, if he lined up few long term contract with two or three big hotels to provide cooking service, or even provide cooked food from his home, and making similar income as per I-140, that will be enough to claim AC21. All he needs is legitimate self employment as per IRS rule, and good paperwork to claim that, in case of RFE.
Independent Contractor (Self-Employed) or Employee? (http://www.irs.gov/businesses/small/article/0,,id=99921,00.html)
Lot of discussion on self employment w.r to AC21. Here is my thought. To use AC21 w.r to self employment one need not open a company. One can even do simple business model (sole proprietorship) in line with the definition of self employment as per IRS. IRS or Labor department is the one defines the �self-employment� not USCIS. Having said that, one should have a legitimate business and paper work and contract to prove.
Let�s see a simple example. A restaurant applied an I-140 for a cook. This cook wants to use AC21. He need not open a new restaurant and employs himself as a cook. A cook may not afford to open a business. He may not even require registering a business. All he needs is obey the sole proprietorship /independent contractor definition as per IRS and pay all the taxes and do the business as per rule. In this business model, if he lined up few long term contract with two or three big hotels to provide cooking service, or even provide cooked food from his home, and making similar income as per I-140, that will be enough to claim AC21. All he needs is legitimate self employment as per IRS rule, and good paperwork to claim that, in case of RFE.
Independent Contractor (Self-Employed) or Employee? (http://www.irs.gov/businesses/small/article/0,,id=99921,00.html)
Waitnwait
12-16 12:50 PM
I will recommend to read this book. Provides insights into your own personal nature and makes recommendations. Very helpful!
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anzerraja
07-20 03:31 PM
Thanks !
Zooooom , gsc999, husker, sam, Raju and all others who were driving this initiative what is your take on this ?
Anzeeraja,
Thanks for the initiative. I like the poll idea.
Zooooom , gsc999, husker, sam, Raju and all others who were driving this initiative what is your take on this ?
Anzeeraja,
Thanks for the initiative. I like the poll idea.
more...
gc_rip
11-18 03:25 PM
Sent, and also requested friends to do so.
Thanks,
Thanks,
abq_gc
08-18 03:08 PM
Think Once again,
Processing application based on Priority dates which is applicable to Any Employement (EB1, EB2, EB3) or Even family categories, with respect to Quota for that catagories..
Again as Somebody mentioned Earlier, its not going to get solved in 2-3 Months, So this will be helpful only from Futuristic purpose.
Its Vision problem, But this can't be solved by Lawsuites, It needs discussions, Negotiations and Communication, By Who have access to USCIS representative. In a Nutshell IV or AILA Kind of group, need to bring on their agenda, if they think its in Best interest for everybody.
Simply put i am used to standing in queue to Buy Coffe, and somebody gets priority I feel i've been bypassed.
Agree with you completely... and I would like to add one more point is this unnecessary classification of EB-1, EB-2 and EB-3... we are all highly skilled among our respective fields.. and I don't think this classification does any justice... but I very well know this wont be solved in 2-3 days... so no use talking abt it.. i guess
Processing application based on Priority dates which is applicable to Any Employement (EB1, EB2, EB3) or Even family categories, with respect to Quota for that catagories..
Again as Somebody mentioned Earlier, its not going to get solved in 2-3 Months, So this will be helpful only from Futuristic purpose.
Its Vision problem, But this can't be solved by Lawsuites, It needs discussions, Negotiations and Communication, By Who have access to USCIS representative. In a Nutshell IV or AILA Kind of group, need to bring on their agenda, if they think its in Best interest for everybody.
Simply put i am used to standing in queue to Buy Coffe, and somebody gets priority I feel i've been bypassed.
Agree with you completely... and I would like to add one more point is this unnecessary classification of EB-1, EB-2 and EB-3... we are all highly skilled among our respective fields.. and I don't think this classification does any justice... but I very well know this wont be solved in 2-3 days... so no use talking abt it.. i guess
more...
sunofeast_gc
07-08 08:29 PM
140K GCs were available on Oct 1 2005 and Oct 2006: categories were not current.
< 40K GCs were available on June 12 2007: all categories were current.
If there is a law to prevent acceptance of ALL AOS's on Oct 1 (when 140K GCs are available) then that law was violated on June 12 2007.
If there is no law to prevent acceptance of AOS's on June 12 (when < 40K GCs were available) then all categories should have been current on Oct 1 2005 and Oct 1 2006.
macaca, This is really good point
< 40K GCs were available on June 12 2007: all categories were current.
If there is a law to prevent acceptance of ALL AOS's on Oct 1 (when 140K GCs are available) then that law was violated on June 12 2007.
If there is no law to prevent acceptance of AOS's on June 12 (when < 40K GCs were available) then all categories should have been current on Oct 1 2005 and Oct 1 2006.
macaca, This is really good point
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minimalist
02-12 12:07 PM
If you have h4 stamp in your passport , you can go out of the country and comeback in and you would be back in h4 status. Short of that I don't see any other option. Ohers please chip in with your ideas.
Don't mean to hijack this thread, but interesting issues raised by desi3933 and would like to get his comments on this from him:
I am in a similar situation...I have been on H1B since Oct�07 and prior to that I was on a valid F1 status. Not been on a client project since mid-Sep'08, have not been paid from past 5 months.
My employer is not helping with either COS to H4 or port H1B to another employer, by not providing REAL paystubs for the past 5 months. I have been actively working with my employer to find new work and I have all evidence of this in emails. I cannot report to work, as the office is too small for more than two people to comfortably work under normal working conditions.
When I ask employer for back wages, I get threatened that they will issue a backdated termination letter to Sept 2008 (employee not terminated yet), though I have been actively working with them to find new work? I am also being asked to submit a fake personal leave letter for the past 5 months.
How do I know if my H1B has been revoked? I know there are many issues and questions raised here...
Greatly appreciate your time in responding to this...
Don't mean to hijack this thread, but interesting issues raised by desi3933 and would like to get his comments on this from him:
I am in a similar situation...I have been on H1B since Oct�07 and prior to that I was on a valid F1 status. Not been on a client project since mid-Sep'08, have not been paid from past 5 months.
My employer is not helping with either COS to H4 or port H1B to another employer, by not providing REAL paystubs for the past 5 months. I have been actively working with my employer to find new work and I have all evidence of this in emails. I cannot report to work, as the office is too small for more than two people to comfortably work under normal working conditions.
When I ask employer for back wages, I get threatened that they will issue a backdated termination letter to Sept 2008 (employee not terminated yet), though I have been actively working with them to find new work? I am also being asked to submit a fake personal leave letter for the past 5 months.
How do I know if my H1B has been revoked? I know there are many issues and questions raised here...
Greatly appreciate your time in responding to this...
more...
dtekkedil
07-10 05:33 PM
Now that we have generated interest and made more people aware of IV. The next thing is to do is to gather support for rallies.
For the next few days we need to spread the word about this campaign and get more people to join us. Spread the word around about the San Jose rally!
We have to make sure that this flower drive is especially talked about in and around San Jose.
For the next few days we need to spread the word about this campaign and get more people to join us. Spread the word around about the San Jose rally!
We have to make sure that this flower drive is especially talked about in and around San Jose.
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nick
08-21 06:14 PM
I485/I765 both for me and my wife Send to TSC on 2nd July and reach there on 5th july 7.00 a.m.
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sareesh
11-18 02:48 PM
Done and also received "thank you for contacting email" from our Senator.
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maag
05-30 12:12 PM
Thanks Marty for all the advice.
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ilikekilo
04-30 01:06 PM
H1B quotas for 2001, 2002 and 2003 were 195000. Three times the norm. This could be the reason they quotas were not met during those years. Sure market conditions also helped.
Yo H1tech, u r too fast, I was just gonna say that...yes I believe that quote was too large...
Yo H1tech, u r too fast, I was just gonna say that...yes I believe that quote was too large...
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needhelp!
09-16 12:00 PM
Someone reading the thread for the first time should be able to figure out what the plan is.
man-woman-gc.. can you start a new thread, since you're the one maintaining the spreadsheet?
man-woman-gc.. can you start a new thread, since you're the one maintaining the spreadsheet?
more...
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GCVictim
09-09 06:44 PM
Is there any +ve direction in the future for EB2 and EB3?
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vinabath
04-22 11:31 AM
kg318... from your initial post you indicated that you "demanded" money back and noted that Company A's practice was "against the law". Now, they are using the same law against you. Not saying it is fair or pretty. Just remember, what you sow, you shall reap.
It is generally poor practice to go for gung-ho activism in a situation where you are unclear about the law (e.g., non compete) and unable to get good counsel (e.g. immigration and business law attorneys).
Just keep this in mind. Long term, your peace of mind is worth more than $4K ... just think if there are other ways in which you could have handled this.... in case such event pop up again.
If I were you, I would have a civil conversation with that company. Tell them that economics took over empathy, that you wish to be in a position where you have less financial loss and would appreciate an amicable parting of ways.
It's a small world out there. Dont pi*s on anyone, lest it come back to wet your backside!
Sabre rattling might get you out of this one, but the world still remains a small place!
I agree with this post. Solve this amicably. Non-compete clause is a strong one and is one-sided.
If you are worrying about 4k you are worrying on the wrong thing. You need to worry about the non-compete.
It is generally poor practice to go for gung-ho activism in a situation where you are unclear about the law (e.g., non compete) and unable to get good counsel (e.g. immigration and business law attorneys).
Just keep this in mind. Long term, your peace of mind is worth more than $4K ... just think if there are other ways in which you could have handled this.... in case such event pop up again.
If I were you, I would have a civil conversation with that company. Tell them that economics took over empathy, that you wish to be in a position where you have less financial loss and would appreciate an amicable parting of ways.
It's a small world out there. Dont pi*s on anyone, lest it come back to wet your backside!
Sabre rattling might get you out of this one, but the world still remains a small place!
I agree with this post. Solve this amicably. Non-compete clause is a strong one and is one-sided.
If you are worrying about 4k you are worrying on the wrong thing. You need to worry about the non-compete.
more...
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GC_wait_forever
11-21 02:40 PM
....
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psk79
09-18 07:17 PM
Finally, EAD card ordered on principal application.... Spouse's was ordered and received 9/12. Finally, mine was PRODUCTION ORDERED this evening.... Any others in the same boat, don't panic... they are doing them in random order....
No word on FP or AP yet.. However, any address changers, make hte online change and they are very fast... I changed my address and the 2second business day I had two letters in the mail saying that the address has been updated on my and spouse's 765 applications.. couple of days later one more that 485 address was updated and after that nothing....
No word on FP or AP yet.. However, any address changers, make hte online change and they are very fast... I changed my address and the 2second business day I had two letters in the mail saying that the address has been updated on my and spouse's 765 applications.. couple of days later one more that 485 address was updated and after that nothing....
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apahilaj
08-01 02:01 PM
I just called national customer service center for my 485 receipts and the lady told that nebraska filers should still wait for 30 more days before they call for receipt updates...she said she was answering the same question since this morning and mentioned that it could still take atleast 30 days for nebraska center to register the applications...
when I asked her if she knew whether my case has been transferred to TSC already (since my 140 got approved from TSC), she said she wouldn't know that answer...her bottom line was to wait...
what a mess!!!!!
if any one has called the customer service today regarding the receipts, I would appreciate if you could please post the responses here.
when I asked her if she knew whether my case has been transferred to TSC already (since my 140 got approved from TSC), she said she wouldn't know that answer...her bottom line was to wait...
what a mess!!!!!
if any one has called the customer service today regarding the receipts, I would appreciate if you could please post the responses here.
desi3933
07-10 02:49 PM
I'm not saying that "H-1B job is permanent:" you're inferring again! I hold that *no* job in this country is "permanent" (legally speaking).
......
Look at the I-140 application (Page 2, Part 6, Question 5)
http://www.uscis.gov/files/form/i-140.pdf
I wonder why uscis is asking "Is this a permanent position?", if according to you, "*no* job in this country is "permanent" (legally speaking)"
Did your attorney put No for this question for your I-140 app?
.
......
Look at the I-140 application (Page 2, Part 6, Question 5)
http://www.uscis.gov/files/form/i-140.pdf
I wonder why uscis is asking "Is this a permanent position?", if according to you, "*no* job in this country is "permanent" (legally speaking)"
Did your attorney put No for this question for your I-140 app?
.
praveenat11
01-07 11:18 AM
Hi guys,
i got my FP notice on Jan 10 in NJ at 1.00pm.At which time do i need to go for FP in Arizona (M.S.T).
i got my FP notice on Jan 10 in NJ at 1.00pm.At which time do i need to go for FP in Arizona (M.S.T).
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