Thursday, June 23, 2011

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  • software7
    05-21 03:46 PM
    software7:

    your point about h1b status automatically changing to ead when you enter the US using an AP is incorrect.

    AP is purely for re-entry and has nothing to do with your visa. One can enter the US on AP with a valid H1b visa (stamped or unstamped). Although if it is stamped, there is really no need for the AP..

    I would like to answer this question.

    It is correct that if Valid Visa is used to enter in to US, AP need not be used.


    I would like to share my experince in this aspect. On Feb 15 '08, I went out side of US. Had valid H1B for which I94 is valid till october 2010.

    When I came back using AP, got new I 94 valid till 1 yr( I came here on april 14(2008), Got new I94 number valid till April 13 , 2009.

    H1B I94 is no more valid once you enter in to US using AP.

    Amendment needs to be filed in order to continue on H1.

    Spoke to attorney and told him that I want to continue on H1B. He filed amendment and got New H1B valid till 2011 (for 3 yrs).

    This helped me a lot, as I485 is denied erroneously. Filed service motion to get I485 reopened which was done eventually.
    Especially when we face this type of situations ( I485 denial etc), valid H1B helps.





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  • ajaykk
    07-18 10:26 AM
    Since it's less than 180 Days there is something still to cheer. But your lawyer couldn't answer them so he/she is incompetant. Schedule a conference call with Rajeev khanna or someone worthy and discuss the issue at length. It will cost you $$$ but still worth it in your scenario.you cannot depend on this forum member's Advise to decide this critical issue but many of them are pretty upto date on immigration issues.
    Well I had consulted..murthy..but that was before dates became current and she had only advised to leave the country asap..she had also said if dates become current apply under 245(k)..I was under impression my attorney might know about 245(k)..but no use. So i came here.





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  • db_greencard
    10-16 02:19 PM
    My case was transferd from TSC to CSC. Got my AP/EAD and FP later.
    Send on July 19th to TSC.





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  • dilipb
    09-06 04:59 PM
    By the way here is some info: may be helpful for some.

    My officemate applied for 765/131/485 etc on 6/26/2007 to Nebraska.
    He checked his online bank stmt.
    His checks got cleared today 9/6/2007.
    Check had SRC numbers on them
    USCIS case status site, for that case said "your case is in texas!"
    He is happy.
    That gives me a hint that my case may move to Texas too, who knows and that if my submission was done on 7/19 I should expect my checks to get cashed by 9/30/2007 MAX....

    Lets see how it goes.....



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  • at0474
    07-28 04:18 PM
    I am in a similar situation. Applied 485 for me and my wife. In the past, she has had more than a year of unlawful presence. But since her last entry into the U.S, she has been maintaining legal status on h4.

    I spoke to lawyers about this issue. If the officer overlooks past overstay, we are good to go. If he finds out (legal immigration history is the basic thing they look for), we are in trouble. Could even incur 10 year ban!

    People are advising here that if one maintains legal status since last entry, they should be fine. That is not true. To have made that last entry into the country, they must have obtained a visa at the consulate. And on the application form, it clearly asks if we have maintained legal status in the past. Mostly, people mention "YES". This leads to perjury for providing false information. Hence, the visa granted stands invalid.

    In all this mess, one has to remember that 245K covers 180 days of unlawful presence. One with unlawful presence beyond 180 days must rely on pure luck.

    Good luck to me and all that are caught in this mess.





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  • guchi472000
    05-07 01:21 PM
    Hi All,
    I received one RFE and FP notice last month(April 09). I dont know what is happening to my case.



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  • f1vlad
    10-29 12:34 PM
    Great meet, nice meeting guys from the forum. Looking forward to the future gatherings.





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  • glus
    03-31 09:09 AM
    You would probably be better off going back to your home country and reentering on an F1. If you file for a COS, it would probably take, on an average, 3 months to be approved. Till then you cannot work on an assistantship.

    If your F1 is denied in your home country, your H4 remains intact so you can reenter on your H4 and then try for a COS here. Also, although grad assistantships require you to be on an F1, FYI, tuition waivers do not, so if you could arrange something with your graduate department to volunteer assistantship work for a tuition waiver (without receiving an assistantship, something that my wife did) while your COS application is pending, you could try for that. Later, when your F1 gets approved, you could upgrade to a full assistantship. Double check with your international student advisor about that.

    As to your chances of getting your F1 approved in your home country, I guess that is hit or miss.

    Hi:
    Like I wrote in my previous post it is risky. Not only she runs into high risk of not getting F1, but a cosular officer can find this strange she changes from dual-intent visa into non-immigrant visa and may think fraud is involved and cancel her h-4 stamp without prejudice. H4 is much better status than F1. H4 allows to study in the United States.



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  • go_gc_way
    12-04 11:42 AM
    This is very good news.
    Congratulations to Massachutes local IV team...well done. Good compliments from IV.





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  • gimme_GC2006
    06-30 09:54 PM
    One small fedex truck can handle upto 20,000 envelops and small packets... and a large truck can handle upto 50,000 or so.

    How many applications are ready and already mailed for monday delivery... my guess would be 10000 to 15000

    so why do u think there will be traffic jam in lincoln nebraska? Please explain.

    Or u are just like uscis who keeps making different statements and announcements and predictions and bulletins which doesn't mean anything.

    May not bea traffic jam..but what made you think that there will be only 10K or 15K cases on Monday??

    I am sure there will be 100K atleast



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  • nixstor
    06-24 03:33 PM
    I just put 11/24/07 (around thanks giving) and 40 days even though I haven't finalized my trips yet. It doesnt really matter.





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  • mrajatish
    05-25 12:09 AM
    Fax sent



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  • iqube00
    04-25 04:37 PM
    I bet you...he will abscond once he get his EAD...:D

    RollingStone,

    If you have nothing useful to contribute, please don't waste your time and everyones time here. People here come here during difficult times and your negative comments don't make anyone feel better.

    Since you bring this up, I would like to let you know that I have done a cash contributed IV once in 2007 and had also sent several emails to my friends at that time requesting them contribute. This is when USCIS agreed to accept 485 applications. Looking at your infuriating posts on the board I am wondering what productive role have you played here? Please don't blindly talk when you don't know my history.





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  • doshhar
    07-04 06:24 PM
    I have e-mailed the senators in Illinois.

    Keep our hopes alive..



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  • solaris27
    09-03 12:53 PM
    I guess the main advantage is that you'll have a job! 8-) With W-2
    status, you will be an employee of the agency rather than being self
    employed as you are with 1099 status. The difference will be that
    you'll find things a bit easier tax-wise (taxes will be taken out of
    your paycheck and the agency will pay half of your social security
    tax), but you will lose your independence and the ability to negotiate
    your own terms.

    What is the difference between an Independent Contractor and an Employee?
    "The difference primarily affects tax status. An independent
    contractor (IC) is not an employee of anyone but himself (self
    employed) but instead invoices and is paid by the client just as the
    client would pay any contractor. The client reports the payment to the
    IRS on a form 1099 but does not withhold taxes or pay social security
    tax. Other laws and regulations concerning employment, such as
    wage-hour (requiring overtime for certain employees) and workers
    compensation do not apply."


    "A contract employee is an employee of a temporary service agency.
    That agency reports the employee's earnings to the IRS on a form W-2,
    withholds Federal and state income tax, and pays the employer's share
    of the social security tax. All federal and state employment laws
    apply. The employee is not an employee of the client, for whom he
    performs his services. That client actually is a client of the
    temporary services agency."
    http://www.jashaw.com/solo/solo1.html

    "Often the decision of 1099 or W2 status is based on the circumstances
    of the work. If you are going to work directly for a company to
    complete a project, and are to be paid a fixed amount for the project,
    then there is usually no choice but 1099 status. The company will
    issue a purchase order to you, you will complete the work and invoice
    the company.
    On the other hand, if you are a contract employee working through a
    temp agency the agency may not handle 1099 pay, or requires that you
    be incorporated to avoid a W-2."
    http://www.jashaw.com/solo/solo1.html

    1099 or W-2 Which Plan is for Me?
    Characteristics of a W2 Employee
    "You work as a W2 employee when your client or an agency places you on
    their payroll, usually to work on a specific project. The client or
    agency reports your income to the IRS on a W2 form. As a W2 employee,
    you receive a regular paycheck from which your employer withholds all
    federal, state, and local taxes. You file regular state and federal
    tax returns, just as you would if you were a permanent employee.
    In most cases, the employer provides the equipment and office space
    you need. You may be eligible for some or all of the benefits your
    employer offers to permanent employees such as medical, life, and
    disability insurance; pension plans; sick days; paid holidays, etc."
    Characteristics of a 1099 Contractor

    "Working on a 1099 basis means that you are working as a true
    independent contractor under the IRS rules. You work on a 1099 basis
    when you are in business for yourself as a sole proprietor or as a
    corporation. Your clients report the money they pay you to the IRS on
    a 1099 form. Your clients typically contract with you to work on a
    specific project. You should have a written contract with each client
    that delineates the work you will perform, the fees the client will
    pay, and how the client will pay you. You will send invoices to the
    client in accordance with the contract terms.
    True independent contractors are responsible for tracking all business
    expenses and income and for making quarterly federal and state income
    tax payments."
    http://ework.com/WSClassification.jsp

    Advantages of 1099 status:
    "The IC has more freedom to negotiate his terms of payment than an employee..."
    "The IC does not have withholding tax deducted from his pay check..."
    "An employer must also pay certain required benefits, such as workers
    compensation insurance..."
    Advantages of W-2 status:
    "Working as an employee (contract or permanent, direct) also has
    advantages. Taxes are taken out of each paycheck, and the employer
    (for a contractor, the agency) pays the employer?s half of the social
    security tax... For many people, this will eliminate the need to hire
    an accountant or lawyer to prepare the taxes (although for a family
    there may be other reasons to use a tax professional)."
    http://www.jashaw.com/solo/solo1.html

    A good way to determine the differences is to have a look a the THE
    IRS CONTROL TEST ("an analytical tool for distinguishing employees
    from independent contractors").

    BEHAVIORAL CONTROL
    "Instructions. If a company gives a worker instructions pertaining to
    how the work gets done rather than simply to the end product, this is
    evidence of an employer-employee relationship..."
    "Training. Ongoing training about specific methods and procedures is
    evidence of an employer-employee relationship."
    FINANCIAL CONTROL
    "Opportunity for profit or loss. The IRS considers the opportunity for
    profit or loss to be the most significant test of whether a worker
    maintains control over the economic aspects of his or her activities."
    - Significant investment.
    - Unreimbursed expenses.
    - Services available to the relevant market.
    RELATIONSHIP OF THE PARTIES
    "Intent of the Parties/Written contracts. In determining the
    relationship between a worker and a company, the IRS considers how the
    written contract describes the intent of the parties involved.
    - Benefits. If a company grants a worker employee benefits, such as
    health insurance or paid vacation time, this is evidence of employee
    status.
    - Termination. Traditionally, the terms on which either party could
    terminate the relationship played an important role in determining
    whether a worker was an independent contractor or an employee."
    - Ongoing Relationship. If a business and a worker enter into a
    relationship with the understanding that it will be permanent or
    indefinite, this is evidence of an employment relationship."
    - Regular Business Activity. If a worker performs activities or
    services that are "a key aspect of the regular business of the
    company," this is evidence of an employment relationship."
    http://ework.com/WSClassification.jsp

    What is the difference between a Form W-2 and a Form 1099-MISC?
    http://www.irs.gov/faqs/faq12-2.html

    1099s and Taxes
    "When a person is paid on the form, 1099-misc, all money earned by the
    individual is paid on an untaxed basis. It is then the responsibility
    of the individual to file and pay the appropriate taxes. These taxes
    can be owed to Federal, State and Local governments. Workers
    compensation and unemployment issues also must be addressed
    independently."
    W-2s and Taxes
    "When a person is paid on the form W-2, the employer automatically
    withholds and pays all of the necessary employee income taxes as
    required by the IRS. These taxes include: Federal Income Tax, State
    Income Tax, and FICA (Social Security and Medicare). In addition, the
    employer will pay all of the necessary employer taxes. These taxes
    include: FICA (Social Security and Medicare), FUTA (Federal
    Unemployment Tax), and SUI (State Unemployment Tax)."
    http://www.topechelon.com/employers/contracting_definition.htm

    Making the Jump: Moving from Permanent to Contract Employment:
    http://www.sage.org/resources/best.of/jump.mm





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  • bugmenot
    06-07 11:30 PM
    What's your opnion ???? :confused:

    They will denitely fightback for a 20MM X 5 = 100MM votebank over the next 5-10 years ??
    its not only the 20mm its the whole hispanic community thats taken notice of this



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  • ivar
    02-13 12:19 AM
    Dear Friends,

    Did any one read this article on cnnmoney,

    http://money.cnn.com/2009/02/12/news/economy/stimulus_individuals/index.htm?postversion=2009021218

    Temporary credit for home buyers: The bill increases the size of an existing temporary and refundable first-time home buyer credit to $8,000, up from $7,500. It also removes the requirement under current law that the credit be paid back if the buyer stays in the home for at least three years. And it would extend the credit's expiration date to Dec. 1, 2009, from July 1. Those eligible for this credit must have purchased a home after Jan. 1, 2009, and before Dec. 1, 2009.

    ---------

    I am shocked to see that only those people who purchased or will purchase a home this year are eligible?????? As per my knowledge earlier law included people buying home since July 2008.. This was a real shocker..

    If i am missing something please correct me..

    Thanks,
    R.





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  • Googler
    04-10 03:20 PM
    We should write to Zoe Lofgren, Chsair of the House Immigration Subcommittee, and Senator Ted Kennedy....USCIS ought to have some accountability. This is pure discrimination based on chance....you'll get your GC sooner if your aplication goes to NSC and it will languish if it goes to TSC. This is not fair.

    Purgan, read the 2007 Ombudsmans report for other examples of disparity in processing at different centers.

    But again, people are losing sight of the main issue: that you cannot set cutoff dates by PD and use RD as the criterial for processing. Either at TSC or at NSC. That is what the campaign/letters should be about.





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  • realizeit
    05-06 12:49 PM
    If you now claim such eligibility, submit a letter from your new employer, describing your present job duties and position in the organization, your proffered position (if different from your current one), the date you began employment and the offered salary or wage. This letter must be in the original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter should also indicate whether the terms and conditions of your employment-based visa petition (or labor certification) continue to exist.


    My Employer is willing to provide a letter with all the contents above in blue color. They will not write any matter in the EVL about immigration or anything related to that. It will be a plain EVL with job description, salary and Position.

    I am concerned about this section of the AC21 RFE: The letter should also indicate whether the terms and conditions of your employment-based visa petition (or labor certification) continue to exist.

    Is there anyone out there who sent such an AC21 letter? Is it possible for us to send a letter from the employer with the basic content described above (in blue color) and a covering letter by attorney (personal attorney who field I485) stating the terms and conditions of the labor certification exists based on the current employment?





    GCAmigo
    07-16 10:53 AM
    When did Rajesh Khanna started practicing law ? :) :)

    I am joking ............ I know you meant Rajiv Khanna. :D

    I can settle for that as an ROI for the time spent on the forums this morning..'Gosh.. its lunch time already.. better get some work done.. catch y'all late(r) in the evening!

    Have fun & keep (in)fighting!





    prioritydate
    09-21 06:11 PM
    It is just not those small companies - every company iis like that. Thats how all companies make money. Huge corporations will exploit you even more - for professional services they will charge client 250 dollars per hour and pay you only 35 to 45 dollars per hour - and during down time (unproductive time inbetween contracts) - when they announce layoffs - those who are not billable get layed off.

    In very big corporations, they hire contrators from consulting companies llike Infosys,wipro etc.. for outsourcing - the exploitation here is so much that what you are complaining that your buffalo, NY employer about 30% is nothing. These people work for minimum pay and work day and night - no escapr also, they have strict HR policies and their legal department will trouble them if they leave. Thats how work gets done in big corporations.

    It is very easy to trash these small companies, but remember they are the ones who help you when you get layed off or fired - they cater to temporary needs of corporation always having a pool of resources in hand so they do play a role in this entire process.

    People have to live through these things for a while - and not forever - thats why we are all here. IV represents all skilled immigrants and has given a platform for all of us.


    Well, Mr Chanduv23. I am not sure why you are backing these mom and pop Desi consultant companies. I don't know if you are an employer or employee of any desi company. I know pretty much that they need to do business, by taking a portion of your salary, but what about the promises they make? like increasing your pay or percentage hike? What about them treating you like a bonded labor? Why wouldn't they pay you on time? Sometimes, why would they try to take extra money from your paycheck?

    I am not talking about their regular policies, I am talking about their fraudulent
    activities.



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