chi_shark
10-06 05:23 PM
i am going to do almost exactly what you are thinking in a matter of few days. i spoke to two lawyers. essentially, ac21 allows this and there is nothing that you have to really do. Of course, i am assuming that you are moving into a job that has the similar job duties as specified in your labor application. what you need to do is make 100% sure that you have documentation to prove this job duties similarity. if you are going to get an SOW from your client, make sure that the SOW is similar to your labor. if you can, do get a letter from your client (where you will do your actual work) stating your job responsibilities, work content etc. you will also need to document/prove actual existence of your business by showing your tax transactions, invoices/receipts etc. also, make sure that you are spending 40 hours (or whatever is the equivalent of a full time job) doing your labor certified job... all this will be required only if USCIS sends you an RFE or calls you for an interview.
wish you luck
I am working for a Fortune 500 company on H1 visa. I am switching to a startup and will now be using my EAD( GC status: I-485 with more than 180 days). I have the following questions.
1. Can I join as an individual contractor by myself directly with the company without going thru a 3rd party vendor?
2. I am offered a temporary contract position at an hourly rate every 15 days without deducting any taxes. I will have to pay my taxes at the end of the year by myself using the form sent by the employer. Does anyone have any such experience?
3. What formalities do I need to complete with the USCIS regarding this change in my status? Will it affect my green card process in any way?
I will really appreciate your help.
Thanks for the support.
wish you luck
I am working for a Fortune 500 company on H1 visa. I am switching to a startup and will now be using my EAD( GC status: I-485 with more than 180 days). I have the following questions.
1. Can I join as an individual contractor by myself directly with the company without going thru a 3rd party vendor?
2. I am offered a temporary contract position at an hourly rate every 15 days without deducting any taxes. I will have to pay my taxes at the end of the year by myself using the form sent by the employer. Does anyone have any such experience?
3. What formalities do I need to complete with the USCIS regarding this change in my status? Will it affect my green card process in any way?
I will really appreciate your help.
Thanks for the support.
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BharatPremi
12-05 04:46 PM
Here is a link to update your profile - you could pick a new state of residence.
http://immigrationvoice.org/forum/profile.php?do=editprofile
Hope this answers your question.
Yes, I knew that but Thanks.
http://immigrationvoice.org/forum/profile.php?do=editprofile
Hope this answers your question.
Yes, I knew that but Thanks.
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sbmallik
06-12 03:30 PM
Yes, you can stay in US as long as your I-485 is pending. In order to work, you need EAD, which you can file at any point of time (even if the previous one gets expired). Please note that you have to wait for the I-765 approval before stating to work on EAD.
more...
actprasad
08-22 03:45 PM
Gurus,
I just thought of sharing some good news. I spoke this afternoon with USCIS office about my pending EAD(renewal), at the same time I asked the lady to check my I485 (PD: 11/08/2005), she forwarded my call to Level 2 support guys. He said FP,NC,Back ground check everything is cleared and also case is assigned to IO.
Just a small suggestion/clue to my friends,
when ever they ask "when did u file the application(I485) tell them your PD not the date that we all recently applied(if you have applied recently, I mean last year Jul/Aug)". Also don't call them on Mon-Wed, call them on Thursday or Friday (I recommend), so they will answer you guys politely. Complement for every say of them. Just a good word or humble will pay us back. I am sure about that.
Please don't take me wrong.
-Prasad.
I just thought of sharing some good news. I spoke this afternoon with USCIS office about my pending EAD(renewal), at the same time I asked the lady to check my I485 (PD: 11/08/2005), she forwarded my call to Level 2 support guys. He said FP,NC,Back ground check everything is cleared and also case is assigned to IO.
Just a small suggestion/clue to my friends,
when ever they ask "when did u file the application(I485) tell them your PD not the date that we all recently applied(if you have applied recently, I mean last year Jul/Aug)". Also don't call them on Mon-Wed, call them on Thursday or Friday (I recommend), so they will answer you guys politely. Complement for every say of them. Just a good word or humble will pay us back. I am sure about that.
Please don't take me wrong.
-Prasad.
paskal
12-09 12:20 AM
welcome guys, there is no state chapter other than us at this point, so indeed you are members :)
IV has created a whole new forum for chapters to form and discussions to open but I fear most people don't find their way there...
so far there have been just two of us.
well...we have doubled our group already to 4! I'm sure there will be more, we should start thinking about what we can do to help on a local level.
IV has created a whole new forum for chapters to form and discussions to open but I fear most people don't find their way there...
so far there have been just two of us.
well...we have doubled our group already to 4! I'm sure there will be more, we should start thinking about what we can do to help on a local level.
more...
eb3retro
10-22 10:46 PM
I agree with you. EB2 filers should not have any problem after USCIS solves all this receipting mess. Any one who filed in June and is already approved must have been pre-adjudicated, which means both name check and finger printing must have happened before the new fiscal year began. Anyway, from our perspective and not USCIS'S, EB3 has a long way to go.
My details:
PD= 03/2005
I-140: Approved
RD: June 26, 2007
FP: Sept.8, 2007
EAD: approved in 44 days
dream on...
My details:
PD= 03/2005
I-140: Approved
RD: June 26, 2007
FP: Sept.8, 2007
EAD: approved in 44 days
dream on...
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gregspirited
03-24 11:42 AM
I have a quick question related to my approved I-140 and my spouse's visa status. My wife got into a medical residency and the hospital that she plans to join will sponsor only J1 visa for her. I was wondering if the J1 visa for her will be affected by the fact that my I-140 is approved. My law firm says that they had to include my spouse's name in I-140 application as a requirement.
My concern is since I-140 is a petition to immigrate to US what are the risks involved with my wife's J1 visa. Can she go to India to get her J1 visa stamping? Will the approved I-140 negatively affect her chances of entering back US at the port of entry?
My concern is since I-140 is a petition to immigrate to US what are the risks involved with my wife's J1 visa. Can she go to India to get her J1 visa stamping? Will the approved I-140 negatively affect her chances of entering back US at the port of entry?
more...
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kaisersose
04-16 03:17 PM
i am in similar situation for my wife too ... she entered in h4 but is working on EAD now. So, could someone plz let me know wat is her current immigration status ? cos, i don't see a status "EAD" on the dropdown when I try to eFile.
EAD is not a status like H-1 or H-4.
The status should be AOS , pending 485, etc.
EAD is not a status like H-1 or H-4.
The status should be AOS , pending 485, etc.
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jonty_11
07-17 10:56 AM
Guys please do not think of this site as one from Rajiv Khanna (immiportal) or other Chat forums...this is a grassroots organization that consists of people like you and me who are devoting their time to work for the EB community causes.
Do not let their efforts go to waste due to lack of funds. Contribute.
Do not let their efforts go to waste due to lack of funds. Contribute.
more...
GC9180
06-03 08:05 AM
06/03/2009: Increasingly Hostile Environment in the U. S. Against H-1B Foreign Workers
H-1B foreign worker visa program has been facing hostility all over lately. Introduction of H-1B restriction bill in the Congress is just one environment that has been widely publicized. However, at the administrative level, the H-1B visa program has been going through a number of problems without much publicity. For Fiscal Year 2010 H-1B program, unlike previous years, there is a short of H-1B petitions to fill the annual cap this year two months after the agency first started taking in the petitions beginning from April 1, 2009. On the surface, the workloads of the new H-1B petitions have been substantially reduced for the agency, but in reality, the employers that filed the new H-1B petitions have been facing tons of boiler plate Request for Evidence demanding tons of documents over and over causing tremendous delays in adjudication of the petitions. The hostile environment does not end with the new H-1B petitions. Report indicates that the H-1B workers are increasingly stranded abroad not being able to obtain the visa stamp abroad pending so-called protracted security checks and consequently not being able to return to the U.S. to resume employment. Should this environment continue, the business environment for the U.S. businesses will continuously deteriorate and the businesses will continuously suffer unless they take out their businesses and jobs abroad to meet the needed workforces in order to stay in business in increasingly competitive global economy. Nothing will be able to stop the offshore outsourcing of the U.S. businesses. This is something the Obama Administration should think about very quick before too late.
source:http://immigration-law.com/
Donot be suprised to expect more, one of my friends at IBM got letter (from IBM attorney) asking to state client location etc..I think it could be based on any new USCIS H1B rules or verification ??
How things change over time..1999 and 2009 opposite in almost most ways. job offers, rates, hostility, length of job contracts etc
H-1B foreign worker visa program has been facing hostility all over lately. Introduction of H-1B restriction bill in the Congress is just one environment that has been widely publicized. However, at the administrative level, the H-1B visa program has been going through a number of problems without much publicity. For Fiscal Year 2010 H-1B program, unlike previous years, there is a short of H-1B petitions to fill the annual cap this year two months after the agency first started taking in the petitions beginning from April 1, 2009. On the surface, the workloads of the new H-1B petitions have been substantially reduced for the agency, but in reality, the employers that filed the new H-1B petitions have been facing tons of boiler plate Request for Evidence demanding tons of documents over and over causing tremendous delays in adjudication of the petitions. The hostile environment does not end with the new H-1B petitions. Report indicates that the H-1B workers are increasingly stranded abroad not being able to obtain the visa stamp abroad pending so-called protracted security checks and consequently not being able to return to the U.S. to resume employment. Should this environment continue, the business environment for the U.S. businesses will continuously deteriorate and the businesses will continuously suffer unless they take out their businesses and jobs abroad to meet the needed workforces in order to stay in business in increasingly competitive global economy. Nothing will be able to stop the offshore outsourcing of the U.S. businesses. This is something the Obama Administration should think about very quick before too late.
source:http://immigration-law.com/
Donot be suprised to expect more, one of my friends at IBM got letter (from IBM attorney) asking to state client location etc..I think it could be based on any new USCIS H1B rules or verification ??
How things change over time..1999 and 2009 opposite in almost most ways. job offers, rates, hostility, length of job contracts etc
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gcmaya
10-30 08:46 AM
Hi all
When I checked my email on Saturday I got 10 emails from USCIS.
5 of them for my 485, 5 of them for EAD I applied in 2004.
My 485 status before email was something like this: We responded to the additional info you requested on so and so date, if you not received by 14 days contact us. (This status got changed when I did address change in 2005)
Now it says about my FP which I gave in 2003. I gave FP again some time in 2004 end.
On May 20, 2003, the results of your fingerprint review for your I485 Application to Register Permanent Residence or to Adjust Status were received, and processing has resumed on your case. We will mail you a notice if further action is needed, or when a decision is made.
I am not sure why LUD got changed for 2004 EAD now, after that I applied EAD�s 2005 and then 2006.
I understand if LUD changed means, some one touched our file to update some thing, but I am wondering why 485 Status changed to my First FP message.
Any one got similar emails......
__________________
Thanks
When I checked my email on Saturday I got 10 emails from USCIS.
5 of them for my 485, 5 of them for EAD I applied in 2004.
My 485 status before email was something like this: We responded to the additional info you requested on so and so date, if you not received by 14 days contact us. (This status got changed when I did address change in 2005)
Now it says about my FP which I gave in 2003. I gave FP again some time in 2004 end.
On May 20, 2003, the results of your fingerprint review for your I485 Application to Register Permanent Residence or to Adjust Status were received, and processing has resumed on your case. We will mail you a notice if further action is needed, or when a decision is made.
I am not sure why LUD got changed for 2004 EAD now, after that I applied EAD�s 2005 and then 2006.
I understand if LUD changed means, some one touched our file to update some thing, but I am wondering why 485 Status changed to my First FP message.
Any one got similar emails......
__________________
Thanks
more...
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RareRFEon485
04-16 10:05 AM
Please explain how you have worked in Illinios for XYZ company( my GC sponsoring Company) living in MN,WA and TX.
This was one line description I got as RFE on my I-485.
My 140 is approved in Dec 2007. I had 1st RFE on I-485 for pay stubs and other things. This is the second RFE. I will consult good attorney. Any advise is helpful.
Also I entered US on AP and I started my own company few months back. I am still working for GC sponsoring company. If by my bad luck my 485 gets denied..what are my options? Also I have my H1 petition valid till May 2012 but I don't have it stamped. Do I need to leave the country and get it stamped?
This was one line description I got as RFE on my I-485.
My 140 is approved in Dec 2007. I had 1st RFE on I-485 for pay stubs and other things. This is the second RFE. I will consult good attorney. Any advise is helpful.
Also I entered US on AP and I started my own company few months back. I am still working for GC sponsoring company. If by my bad luck my 485 gets denied..what are my options? Also I have my H1 petition valid till May 2012 but I don't have it stamped. Do I need to leave the country and get it stamped?
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trump_gc
07-05 03:21 PM
There is a clause saying that you need to be in status for last 180 days since your last entry to US. And since u are in good status for past 180 days u r good. Consult a lawyer on this as well, but I think u may eb fine
more...
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ChainReaction
04-24 07:04 AM
I just got my wife's h4 approval letter today but the I-94 does not have any validity period on it, its blank?? Moreover, We received two more i539 approval notices sames as my wifes without any validity period under my wife's name (Applicant)... beneficiary were for two kids age 9,11 totally different last names/Nationality :confused: Are the CSC processing people smoking something:eek:
I will call them tomorrow, I was wondering if anyone else also had this experience, do we have to travel outside the country to get I-94 stamped? my H1B approval has not arrived yet but the status online says approved. Our old I-94 on the passport have already expired, will that be a problem?
I will call them tomorrow, I was wondering if anyone else also had this experience, do we have to travel outside the country to get I-94 stamped? my H1B approval has not arrived yet but the status online says approved. Our old I-94 on the passport have already expired, will that be a problem?
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amsgc
01-31 10:50 PM
I called USCIS this afternoon and found that you can have information sent to a US consulate about your application.
When you call, select the option asks "are you calling about approved petition?", and then select the option that asks if you need to send the information about your petition to a US consulate. Since I was calling about some other app., I didn't go there. Perhaps you can give it a try.
Thanks for the info.
I tried getting some info on PIMS here in US..but cudnt get any. All I have is through couple of forums including IV. I cudnt make any pattern based on approval date or service center for I-797. All I have is hope.
May god bless us all.
When you call, select the option asks "are you calling about approved petition?", and then select the option that asks if you need to send the information about your petition to a US consulate. Since I was calling about some other app., I didn't go there. Perhaps you can give it a try.
Thanks for the info.
I tried getting some info on PIMS here in US..but cudnt get any. All I have is through couple of forums including IV. I cudnt make any pattern based on approval date or service center for I-797. All I have is hope.
May god bless us all.
more...
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validIV
03-25 02:00 PM
My advice to you, seek an immigration lawyer and don't play games with them, like you're doing here. If you are unemployed tell them. If you're not unemployed tell them. You are only hurting yourself by dancing around the issue.
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martinvisalaw
02-15 06:54 PM
You or your wife's country of birth is important factor in whether you will save much time by being EB-2. If you are from China, your EB-2 priority date (PD) would be about 2.5 years ahead of the EB-3 date. However, since it could take 2 years to get a new PERM and I-140 approved, it wouldn't save much time. For India and other countries that are current, the difference might be worth it. Of course, your employer has to be willing to go through the work and expense of redoing PERM and the I-140, and must have an EB-2 position available for you.
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Jaime
09-06 04:49 PM
I have worked in Europe for 4+ years and i can say that life in US and Europe is the same (cost of living is higher in Europe but social security is better). I was seriously considering a move to UK (despite racism) to gain job/life freedom for me and my family. I have HSMP from UK and got a job offer that paid me better (including 35% raise in cost of living) than current US job with flexibility to change employment, also my wife could take up job any day she wants (unlike H4).
You are a poster child of the U.S. Reverse Brain Drain. Shame on Congress if the United States loses you and your family!
You are a poster child of the U.S. Reverse Brain Drain. Shame on Congress if the United States loses you and your family!
nish
10-06 04:24 PM
Hi,
I have approved H1 through consulate processing for the year 2009 and I am currently working on L1 visa which is going to expire on nov 2009.
My company is not going to extend my visa.Is there any speedy process where I can do COS with my approved H1 and how much will it cost to me?
Another thing I want to ask that Is it advisable for going back India for stamping as I heard that US consulate people are rejecting H1 B visa
Please advise
Thanks...
I have approved H1 through consulate processing for the year 2009 and I am currently working on L1 visa which is going to expire on nov 2009.
My company is not going to extend my visa.Is there any speedy process where I can do COS with my approved H1 and how much will it cost to me?
Another thing I want to ask that Is it advisable for going back India for stamping as I heard that US consulate people are rejecting H1 B visa
Please advise
Thanks...
samrat_bhargava_vihari
02-05 04:12 PM
Guys,
Don�t spread false information if you don�t know.
Possibility -- Yes
Reusing the priority date for EB2 -- you may need to file one more I -140 for EB2 and then once approved with earlier priority date then you can proceed with 485 if current.
Some people are filing I-485 if any of their PD is current and trying to convince the service center. Check in immigrationportal.com you will find more information.
-------------
I am not a lawyer use this information at your own risk.
Don�t spread false information if you don�t know.
Possibility -- Yes
Reusing the priority date for EB2 -- you may need to file one more I -140 for EB2 and then once approved with earlier priority date then you can proceed with 485 if current.
Some people are filing I-485 if any of their PD is current and trying to convince the service center. Check in immigrationportal.com you will find more information.
-------------
I am not a lawyer use this information at your own risk.
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