chi_shark
07-10 02:46 PM
you got to make your decision dude, however, in my case, i would opt for W2. 1099 is a temporary thing... thats my opinion... you did not ask me specifically to share this, but hey, this is a public forum... :-)
Desi/Sankap,
I am not planning to open a company for this. If possible, I would rather work as an independent contractor on 1099. 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.
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.
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).
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. 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.
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.
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).
Thanks!!
- S
wallpaper Dark Crystal
sankap
07-10 12:57 PM
@desi3933:
Permanent means job that is for for a term of indefinite or unlimited duration.
http://www.uscis.gov/err/B3%20-%20Outstanding%20Professors%20and%20Researchers/Decisions_Issued_in_2004/MAR232004_01B3203.pdf
This definition is only for researchers/academics in the document. Question is, why can't self-employment be called a "permanent" job? After all, that job is of indefinite or unlimited duration.
AC-21 is not just for changing GC employer.
Yes, AC-21 i not just for changing the GC employer. The Yates memo was published in 2001 with a few amendments later.
Do not confuse existing H-1B job with future GC job.
H-1B is linked to LCA (Temp Job) (http://www.foreignlaborcert.doleta.gov/h-1b.cfm) Note: The link clearly says
If all H-1B jobs are not permanent, then your definition that a "permanent job is for a term of indefinite or unlimited duration" fails. Please decide what you want to say.
On the other hand, I-140 is linked to Permanent Labor Certification (http://www.foreignlaborcert.doleta.gov/perm.cfm) (aka GC labor)
"Permanent Labor Certification" does not mean the job has to be "permanent" (you're again *assuming*, no?) It could also mean LC for "permanent" residency!
Permanent means job that is for for a term of indefinite or unlimited duration.
http://www.uscis.gov/err/B3%20-%20Outstanding%20Professors%20and%20Researchers/Decisions_Issued_in_2004/MAR232004_01B3203.pdf
This definition is only for researchers/academics in the document. Question is, why can't self-employment be called a "permanent" job? After all, that job is of indefinite or unlimited duration.
AC-21 is not just for changing GC employer.
Yes, AC-21 i not just for changing the GC employer. The Yates memo was published in 2001 with a few amendments later.
Do not confuse existing H-1B job with future GC job.
H-1B is linked to LCA (Temp Job) (http://www.foreignlaborcert.doleta.gov/h-1b.cfm) Note: The link clearly says
If all H-1B jobs are not permanent, then your definition that a "permanent job is for a term of indefinite or unlimited duration" fails. Please decide what you want to say.
On the other hand, I-140 is linked to Permanent Labor Certification (http://www.foreignlaborcert.doleta.gov/perm.cfm) (aka GC labor)
"Permanent Labor Certification" does not mean the job has to be "permanent" (you're again *assuming*, no?) It could also mean LC for "permanent" residency!
pvpb
09-26 02:51 PM
Thanks! i called them today and they asked me to wait for 90 days. My lawyer says tehy r getting receipt notices in that date range..maybe ours will be soon.
Venkat
Venkat
2011 Jumat, 17 Desember 2010
rayoflight
05-20 11:14 AM
I just called and spoke with the CR. She told me that she would put me in the queue and to expect the appointment anywhere between 6-8 weeks but nothing happenned on the LUD side online.
Do I have to call back tommorow again?
Do I have to call back tommorow again?
more...
bharad
07-20 12:42 PM
I have a question reg. the unfair vertical spill devised by USCIS when allocating the visa numbers after the initial allocation is completed.
If the country needs EB1 categories first then the EB2 categories and then EB3 then why did they allocate equal numbers to all the three categories initially. If they needed more EB1 or EB 2 compared to EB 3 numbers they should have given 3x of numbers to EB1, 2x of numbers to EB2, and only 1x or less than that to EB3 when doing the initial allocation itself.
Its only due to some genius person's invention that USCIS decided to implement vertical spill over instead of doing a hoirzontal spill over of the numbers which will be fair.
Now the EB2 folks are going to comeback and say that EB2 deserve more rights and all that blah blah aka the fight people give whenever somebody tries to remove the unfair quota system in India. Grow up and behave like an educated person.
You can say that EB2 folks earn more... give me a break I know many EB3 folks who earn atleast 2 times more than whan an average EB2 guy earns. Its just a matter of luck(in the current scenario) that a person got applied in EB2 or EB3 category
If the country needs EB1 categories first then the EB2 categories and then EB3 then why did they allocate equal numbers to all the three categories initially. If they needed more EB1 or EB 2 compared to EB 3 numbers they should have given 3x of numbers to EB1, 2x of numbers to EB2, and only 1x or less than that to EB3 when doing the initial allocation itself.
Its only due to some genius person's invention that USCIS decided to implement vertical spill over instead of doing a hoirzontal spill over of the numbers which will be fair.
Now the EB2 folks are going to comeback and say that EB2 deserve more rights and all that blah blah aka the fight people give whenever somebody tries to remove the unfair quota system in India. Grow up and behave like an educated person.
You can say that EB2 folks earn more... give me a break I know many EB3 folks who earn atleast 2 times more than whan an average EB2 guy earns. Its just a matter of luck(in the current scenario) that a person got applied in EB2 or EB3 category
seahawks
07-08 09:54 AM
if there are more than 200 people then weekend works too, it will get coverage, but otherwise anything in DC must happen beginning of the week. Senators congressmen usually leave town Thursday night. So if the intent is to show tourists or if the intent is to show lawmakers is what we need to decide. If the numbers are high on a weekend, then automatically there will be press coverage. Somebody needs to prepare press statements and so on. It not about convenience more than needs, lets weigh in how many people can we get to participate first, firmly.
more...
Chris Rock
09-24 12:32 PM
Some do not like Porting; some do not like Spillover allocation. And some do not like the interfiling. Remember, interfiling is like porting too.
Porting is the law right now. It is not easy to change the law these days.
Even if the law is modified, people who already started the porting process will be grandfathered. Thousands of porting application will be filed before the modified law become effective. That is what happened during PERM introduciton.
My 2 cents.
Porting is the law right now. It is not easy to change the law these days.
Even if the law is modified, people who already started the porting process will be grandfathered. Thousands of porting application will be filed before the modified law become effective. That is what happened during PERM introduciton.
My 2 cents.
2010 crystal wallpapers
va_il
05-02 12:29 PM
mrajatish is right.
Also, if you have an advanced degree from an acredited university outside US AND have been working for 3 years in a related field, you will also be exempt from the cap regardless of whether you are applying/have applied in EB2 or EB3 (believe me...you would think that people with advanced degrees would have applied in EB2...but there are cases where people have had to apply in EB3 category even with an advanced degree).
I am not sure about that. Most of the EB3 guys have advance degrees (including me) but not necessarily with US degrees.
Also, if you have an advanced degree from an acredited university outside US AND have been working for 3 years in a related field, you will also be exempt from the cap regardless of whether you are applying/have applied in EB2 or EB3 (believe me...you would think that people with advanced degrees would have applied in EB2...but there are cases where people have had to apply in EB3 category even with an advanced degree).
I am not sure about that. Most of the EB3 guys have advance degrees (including me) but not necessarily with US degrees.
more...
obviously
03-08 08:53 AM
and reduce your depression!
http://immigrationvoice.org/forum/sh...?t=3361&page=2
http://immigrationvoice.org/forum/sh...?t=3361&page=2
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CADude
08-01 05:21 PM
I agree!!!
But the whole process of sending to NSC and then transferring it to TSC is ridiculous..just waste of resources and time. Althought, they have realized the mistake and now allowing for direct filing.
But the whole process of sending to NSC and then transferring it to TSC is ridiculous..just waste of resources and time. Althought, they have realized the mistake and now allowing for direct filing.
more...
anilsal
10-25 11:49 AM
Wonder if dems take the house, will they worry about the 2008 prez elections and not make major decisions?
hot crystal wallpapers.
morchu
05-08 02:20 PM
Do you see anywhere in INA mentioning that "EB-dependents should NOT be filed in EB-category". How is it a "mis-interpretation" then?
Again like I mentioned before you can achive the same goal (which you care about) via a different approach.
...the official mis interpretation ...
Again like I mentioned before you can achive the same goal (which you care about) via a different approach.
...the official mis interpretation ...
more...
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gondalguru
08-18 09:52 PM
Hello Guys,
I filed on july 7th and still waiting.
My case little different, my 485 pending at Nebraska and I mailed EAD renewal at Texas (because I live in PA, per instructions in form).
Do you think my EAD will get stuck because of this? I hope I did right thing.
Is any one similar situation
Thanx
I am in exact same situation too. The notice date for EAD renewal is July 7th, 2008. I-485 pending at NSC and EAD applied at TSC. Still waiting. I am current as my PD is EB-2 India 9/2004.
I filed on july 7th and still waiting.
My case little different, my 485 pending at Nebraska and I mailed EAD renewal at Texas (because I live in PA, per instructions in form).
Do you think my EAD will get stuck because of this? I hope I did right thing.
Is any one similar situation
Thanx
I am in exact same situation too. The notice date for EAD renewal is July 7th, 2008. I-485 pending at NSC and EAD applied at TSC. Still waiting. I am current as my PD is EB-2 India 9/2004.
tattoo Rate this file Mac Wallpaper
kg318
04-25 10:44 AM
[QUOTE=kg318;242627]
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.
the point here is not how long its gonna take. Its sure that they r gonna work if not immediately may be in 3-4 months. and once they see all the proofs(i do have proofs) whole company will be audited rock bottom, all the gc filing will be verified and single loophole is just enough to cause irriparable damage to the company. not only the reputation but i heard they will have a high penalty of 100's of thousands dollars. I have contacted one of the top lawfirms.for the matter of $4000 if the company chooses to do it, its their foolishness. also if they genuinely wanted to enforce non compete they wouldn't have used it as a threat agiainst payments they owe me.
Its not that I haven't made any efforts to reconcile with my ex-employer. I have tried and still trying to get them to have a civil conversation and settle this. But the more I try, i beleive, they r thinking the more scared i am and are being arrogant by not replying to any of my emails or phone calls. My reconciling efforts are giving them wrong hints i beleive. I am definetly stressed about this,thats true, but i am not scared because of all the info i gathered, I know even they do file a suit, I will be on the winning side. though i have option to go directly to DOL or USCIS and can show all the proofs i have regarding the deductions they have made, i haven't made till today just because of the kind of relationship we had earlier and also concerned about other h1bs who r with the company right now. I dont want their GC's to be in jeopardy. but if employer doesn't make the effort from his side, and pulls the thread till it breaks, i can't help it.
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.
the point here is not how long its gonna take. Its sure that they r gonna work if not immediately may be in 3-4 months. and once they see all the proofs(i do have proofs) whole company will be audited rock bottom, all the gc filing will be verified and single loophole is just enough to cause irriparable damage to the company. not only the reputation but i heard they will have a high penalty of 100's of thousands dollars. I have contacted one of the top lawfirms.for the matter of $4000 if the company chooses to do it, its their foolishness. also if they genuinely wanted to enforce non compete they wouldn't have used it as a threat agiainst payments they owe me.
Its not that I haven't made any efforts to reconcile with my ex-employer. I have tried and still trying to get them to have a civil conversation and settle this. But the more I try, i beleive, they r thinking the more scared i am and are being arrogant by not replying to any of my emails or phone calls. My reconciling efforts are giving them wrong hints i beleive. I am definetly stressed about this,thats true, but i am not scared because of all the info i gathered, I know even they do file a suit, I will be on the winning side. though i have option to go directly to DOL or USCIS and can show all the proofs i have regarding the deductions they have made, i haven't made till today just because of the kind of relationship we had earlier and also concerned about other h1bs who r with the company right now. I dont want their GC's to be in jeopardy. but if employer doesn't make the effort from his side, and pulls the thread till it breaks, i can't help it.
more...
pictures Crystal Wallpaper
rathole
11-19 10:33 AM
Done!
dresses Desktop Wallpaper
simple1
05-01 03:44 PM
Honestly, I did not understand jchan's scenario.
AFIK, none will get affected. Please look for my earlier posts regarding I485 Derivative application pre-requisites.
I am waiting to hear from IV-core's or forum-attorney�s interpretation.
Chan is right. If interpretation will start the way you are proposing, it will be sheer disaster for people who didn't file I-485 yet.
AFIK, none will get affected. Please look for my earlier posts regarding I485 Derivative application pre-requisites.
I am waiting to hear from IV-core's or forum-attorney�s interpretation.
Chan is right. If interpretation will start the way you are proposing, it will be sheer disaster for people who didn't file I-485 yet.
more...
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reddymjm
06-15 10:27 AM
Receipts only recieved by lawyer? Will benefeciary get any updates?
My colleague sent it on JUN 7th and got his receipts in mail yesterday and the receipt date was Jun11th.
My colleague sent it on JUN 7th and got his receipts in mail yesterday and the receipt date was Jun11th.
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Kodi
07-31 02:08 PM
Are AP's being approved faster ?
When did you apply ?
USCIS received it April 22, 08. Filed all the forms together I-140, I-485, I-765 & I-131.
When did you apply ?
USCIS received it April 22, 08. Filed all the forms together I-140, I-485, I-765 & I-131.
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pappu
05-13 03:53 PM
Please reply this, how to become member of donor group, so that we can come to know what is plan and strategy for future.
There is a donate now button at the top of each page in the forum. Once you contribute /sign up for monthly subscription you will get access to the donor forum on monthly basis and your status will change from member to donor.
By becoming the donor,
- You will gain access to IV plans and updates.
- You will be able to easily communicate with IV leadership.
- You will be given access to IV conference calls and participate in the discussions.
- If your own application is in trouble and you are in a desperate situation and you have tried all other avenues, you can contact IV if you are a donor and IV will contact USCIS for you and try to get the problem fixed.
- By being a donor you are helping IV continue this effort that benefits the community.
There is a donate now button at the top of each page in the forum. Once you contribute /sign up for monthly subscription you will get access to the donor forum on monthly basis and your status will change from member to donor.
By becoming the donor,
- You will gain access to IV plans and updates.
- You will be able to easily communicate with IV leadership.
- You will be given access to IV conference calls and participate in the discussions.
- If your own application is in trouble and you are in a desperate situation and you have tried all other avenues, you can contact IV if you are a donor and IV will contact USCIS for you and try to get the problem fixed.
- By being a donor you are helping IV continue this effort that benefits the community.
manubilga
06-12 07:07 PM
My case file on 06/01/07 but i did not get any conformation
krishnam70
07-05 01:49 PM
brickbats and concerns apart few people believe in the concept and are ready to put the money where their belief lies. So if you can do something about it do it. Other suggestions are ok may be they can be made in the other thread where there is a discussion about media attention.
Gandhi - giri works everywhere and it has worked in this country too, have you heard about civil disobedience in this country too.. if you did not then you might want to use our fav : google and look it up. - Rosa parks , does that ring a bell? sometimes simple things take you farther than highly publicized event.
may be just look at this link if you are too lazy
http://www.americaslibrary.gov/cgi-bin/jb_date.cgi?day=01&month=12
Gandhi - giri works everywhere and it has worked in this country too, have you heard about civil disobedience in this country too.. if you did not then you might want to use our fav : google and look it up. - Rosa parks , does that ring a bell? sometimes simple things take you farther than highly publicized event.
may be just look at this link if you are too lazy
http://www.americaslibrary.gov/cgi-bin/jb_date.cgi?day=01&month=12
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