renupond
10-15 11:38 AM
If 1099 is not accepted by client & need FEIN (for corp-to-corp) then one can get a FEIN as sole priprietor. is there any additional requirements for this viz. liability insurance.. or anything else.
please let me know if anyone did this to do independent contracting & not building a company (LLC,scorp..)
would like to know more about FEIN & based on that independent contracting on EAD. Pros & Cons along with procedure as well..
thanks
please let me know if anyone did this to do independent contracting & not building a company (LLC,scorp..)
would like to know more about FEIN & based on that independent contracting on EAD. Pros & Cons along with procedure as well..
thanks
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a_yaja
01-06 04:39 PM
My wife is on H4 and is exploring the posibility of converting to a H1. She recently went for her first interview and the people over there told her that there is a new rule for H4 to H1B conversion. According to them, she needs to go to India and get her H1B stamped before she can start working. Is this true? As far as I know, all one needs is an approved I-797 (for I-129 petition) indicating that the approval is for change of status to H1B (meaning that the approval notice has a I-94).
Please let me know if there is any merit in the above statement?
Please let me know if there is any merit in the above statement?
guchi472000
03-18 04:27 PM
I Have my EAD card but my spouse was in India when i applied for EAD. That mean she doesn't have EAD card rite now.
Can she get EAD or SSN?
Pls help.....
Can she get EAD or SSN?
Pls help.....
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pboy
03-25 02:48 PM
When I traveled to Hyd, my luggage went missing. They found that the connecting flt to JFK didn't deliver the bags to Emirates. I got that after 2 days. But they gave me $50 at Hyd and also amount equivalent 2 2nd AC train tickets to my District. They have really good shops at Dubai airport.
One of my friends took a tourist Visa and went to visit Dubai on this return trip to US. He was sent to additional screening at JFK after seeing Dubai visa in his PP. No problems at the end. This is just an info.
One of my friends took a tourist Visa and went to visit Dubai on this return trip to US. He was sent to additional screening at JFK after seeing Dubai visa in his PP. No problems at the end. This is just an info.
more...
indio0617
09-21 04:53 PM
Currently since labour is progressing really slowly and considering that it looks like fresh labour will get approved quickly .. but folks will have to wait 4-5 years to get into the 140/485 stage, are there are efforts being made by IV to get dependents say an interim EAD, so that they can start working, rather than be a victim of the process.
I think the biggest casualty of the process are the dependents, who unless qualified to get an h1, have no option but sit at home. I know both male and female dependents in this situation.
Wouldn't it make sense to lobby for an interim EAD in following cases:
1. if labour has not been cleared say for a long time period .. (maybe 2 years), or
2. cleared .. but people have waited a long time period but the dates for 140/485 are not current?
Not sure if this issue has been debated before.
vivache:
Top on IV's goals is 'ability to file for I-485' even when visa number is not available. As you perhaps know this will enable securing an EAD. Hope this answers your question.
I think the biggest casualty of the process are the dependents, who unless qualified to get an h1, have no option but sit at home. I know both male and female dependents in this situation.
Wouldn't it make sense to lobby for an interim EAD in following cases:
1. if labour has not been cleared say for a long time period .. (maybe 2 years), or
2. cleared .. but people have waited a long time period but the dates for 140/485 are not current?
Not sure if this issue has been debated before.
vivache:
Top on IV's goals is 'ability to file for I-485' even when visa number is not available. As you perhaps know this will enable securing an EAD. Hope this answers your question.
SlipperyGC
05-22 10:20 AM
No mention on incompetence on part of DOL?
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rsayed
04-16 08:13 PM
My H-1 started in Oct'03 and is supposed to complete it's 6 yr term on Oct'09. But, my current H-1 (with my current employer) shows an expiry date of Apr'09 (same with the stamped visa on passport) - I don't know the reason for this.
My labor (EB2-PERM) and I-140 has been cleared/approved; Priority date is July 2006.
I'm being offered a F/T position in one of the Big 5 consulting firms - nice offer. But, they categorically state that "there is no guarantee of GC, upon completion of one/two year". I've been told that this is standard practice for them to say this, and they normally start your GC after one year if you have less than 2 yrs, left. Even, the HR rep. told me the same thing - just that they don't offer a commitment, due to changing market conditions.
My question - Is it advisable to change? Any ideas/thoughts on any chances whatsoever of "Immigration Reform" happening this year?
Should I just stay put (with my approved I-140), or should I change (which seems risky)?
Also, this "Big 5" firm processes GC in the EB-3 category - I know this for a fact (unless the position offered is of a "Manager", which is not the case with me).
Pl. advise. Thanks.
My labor (EB2-PERM) and I-140 has been cleared/approved; Priority date is July 2006.
I'm being offered a F/T position in one of the Big 5 consulting firms - nice offer. But, they categorically state that "there is no guarantee of GC, upon completion of one/two year". I've been told that this is standard practice for them to say this, and they normally start your GC after one year if you have less than 2 yrs, left. Even, the HR rep. told me the same thing - just that they don't offer a commitment, due to changing market conditions.
My question - Is it advisable to change? Any ideas/thoughts on any chances whatsoever of "Immigration Reform" happening this year?
Should I just stay put (with my approved I-140), or should I change (which seems risky)?
Also, this "Big 5" firm processes GC in the EB-3 category - I know this for a fact (unless the position offered is of a "Manager", which is not the case with me).
Pl. advise. Thanks.
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bbabu
05-16 01:36 AM
Hi Guys..
If any body in Toronto wanna stay connected to exchange updates / views / thoughts ... update your info here ..
https://spreadsheets.google.com/ccc?key=0At_-QiCf2s65dG13S1VvYTRGaXcwUXMzbTR4UTV4MXc&hl=en&authkey=CNzNssgD
~BBabu
If any body in Toronto wanna stay connected to exchange updates / views / thoughts ... update your info here ..
https://spreadsheets.google.com/ccc?key=0At_-QiCf2s65dG13S1VvYTRGaXcwUXMzbTR4UTV4MXc&hl=en&authkey=CNzNssgD
~BBabu
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petersebastian
04-02 01:09 PM
Get married to your partner.. its legal in states like CT, MA. Not sure if USCIS will consider it legal.
No, they will not. In fact, if I get married to him, they will deport me immediately.
Well guys thanks for your help...
And you're not the only one to tell me to stay here to get my gc. I was also advised to marry a woman just for the gc. The point is that I don't want to do anything illegal.
But I considered all those options. All I want to do right now is to stay with my partner just a little bit longer, I can't imagine putting an ocean between us again. I understand that I'm already in a difficult situation, and I will have a lot of explaining to do in the future when applying for a visa (since as I understand my current one is no longer valid), but I just want to get a ban. That's the only thing I'm afraid of.
No, they will not. In fact, if I get married to him, they will deport me immediately.
Well guys thanks for your help...
And you're not the only one to tell me to stay here to get my gc. I was also advised to marry a woman just for the gc. The point is that I don't want to do anything illegal.
But I considered all those options. All I want to do right now is to stay with my partner just a little bit longer, I can't imagine putting an ocean between us again. I understand that I'm already in a difficult situation, and I will have a lot of explaining to do in the future when applying for a visa (since as I understand my current one is no longer valid), but I just want to get a ban. That's the only thing I'm afraid of.
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desi3933
05-19 03:30 PM
.... So effectively will be working 32 hrs instead of 40 hrs and getting paid for 32 hrs only
.....
.....
In My LCA, prevailing wage: 52K, and my salary in LCA and I-129: 64.5K
My questions:
1) Is working 32 hrs still considered full-time and do I still remain in legal H1 status? (I heard that in US more than 30 hrs is considered full-time?)
2) Since my effective annual salary will be less than 64K due to working for only 32 hrs,will i be out of status? Can the company cut my salary below the rate of pay mentioned on my LCA but higher than(or equal to) the Prevailing Wage mentioned on my LCA?
3) If i try for H1B transfer after few months using paychecks of 32hrs salary only,can that be denied?
4) Are there any other options(without filing any H1B/LCA amendment) to maintain my H1 status while still working for 32 hrs only?
5) IF company files LCA/H1B amendment, then do they have to again use the wage survey for 2009 or they can use the same one used for my initial 1st LCA filing? Do they evaluate the entire H1B application again for amendment? Can the H1B amendment be denied?
.....
1. As per Feb 20, 1992 USCIS memo, the full-time work is generally considered to be 35-40 hours per week or whatever is appropriate for the occupation. For example, air traffic controllers work 30 hours a week because of the stress. Then, in that case 30 hours would be "full time".
2. The employer MUST notify the DOL and/or USCIS in advance by filing amended petition if the terms of the employment changes during the validity period of H1B1 petition.
3. It is very common to file H1B amendment for changing from full time to part time, changing job location, or changes in job duties.
Have a good day!
________________________
Not a legal advice
US citizen of Indian origin
.....
.....
In My LCA, prevailing wage: 52K, and my salary in LCA and I-129: 64.5K
My questions:
1) Is working 32 hrs still considered full-time and do I still remain in legal H1 status? (I heard that in US more than 30 hrs is considered full-time?)
2) Since my effective annual salary will be less than 64K due to working for only 32 hrs,will i be out of status? Can the company cut my salary below the rate of pay mentioned on my LCA but higher than(or equal to) the Prevailing Wage mentioned on my LCA?
3) If i try for H1B transfer after few months using paychecks of 32hrs salary only,can that be denied?
4) Are there any other options(without filing any H1B/LCA amendment) to maintain my H1 status while still working for 32 hrs only?
5) IF company files LCA/H1B amendment, then do they have to again use the wage survey for 2009 or they can use the same one used for my initial 1st LCA filing? Do they evaluate the entire H1B application again for amendment? Can the H1B amendment be denied?
.....
1. As per Feb 20, 1992 USCIS memo, the full-time work is generally considered to be 35-40 hours per week or whatever is appropriate for the occupation. For example, air traffic controllers work 30 hours a week because of the stress. Then, in that case 30 hours would be "full time".
2. The employer MUST notify the DOL and/or USCIS in advance by filing amended petition if the terms of the employment changes during the validity period of H1B1 petition.
3. It is very common to file H1B amendment for changing from full time to part time, changing job location, or changes in job duties.
Have a good day!
________________________
Not a legal advice
US citizen of Indian origin
more...
lkapildev
01-10 04:19 PM
LC Sub pd 2001 EB2
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aj130346
03-15 08:29 PM
My comany is filing a second LC under PERM for a substantially different job position and job location.
My first LC ( PD Oct 2004) was filed in TR. My LC is "in Process" at PBEC. No I-140 yet. I am from India
The question is: Once the PERM LC gets approved, and I140 ( second LC) approved, can the first PD ( Oct 2004) PD be retained??
Thanks for your responses
My first LC ( PD Oct 2004) was filed in TR. My LC is "in Process" at PBEC. No I-140 yet. I am from India
The question is: Once the PERM LC gets approved, and I140 ( second LC) approved, can the first PD ( Oct 2004) PD be retained??
Thanks for your responses
more...
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patiently_waiting
01-08 09:47 AM
this may help also :-
Alternate Document (http://www.hammondlawfirm.com/alternate_document.htm)
Birth Affidavit (http://www.hammondlawfirm.com/birth_affidavit.htm)
Birth Certificate (http://www.hammondlawfirm.com/birth_cert.htm)
Birth Certificates Green Card Permanent Residency (http://www.usabal.com/permres/AOS/birth_cert_info.html)
Alternate Document (http://www.hammondlawfirm.com/alternate_document.htm)
Birth Affidavit (http://www.hammondlawfirm.com/birth_affidavit.htm)
Birth Certificate (http://www.hammondlawfirm.com/birth_cert.htm)
Birth Certificates Green Card Permanent Residency (http://www.usabal.com/permres/AOS/birth_cert_info.html)
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GCplease
08-16 02:52 PM
I guess we dont have a choice but to pay.
Thank you all for your advise.
One more thing, no form G-28 was given to me to sign. What does this mean?
That is strange. When a legal attorney represents you, you should sign G-28 authorizing the attorney to act on your behalf. Check with the attorney.
Thank you all for your advise.
One more thing, no form G-28 was given to me to sign. What does this mean?
That is strange. When a legal attorney represents you, you should sign G-28 authorizing the attorney to act on your behalf. Check with the attorney.
more...
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kumar26fl
09-21 09:49 PM
Good idea! Let's have a 'Membership Drive Week' and increase the membership.
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gc_bulgaria
10-09 06:26 PM
This is very useful information. So it is the Job Classification code that is important right??
Thats my understanding as well. The information on salary is a little confusing though...
Thats my understanding as well. The information on salary is a little confusing though...
more...
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Better_Days
12-01 12:55 PM
Guys,
I want to know what are the chances of getting I-140 approve if we file a new petition and current I-140 appeal process is pending with USCIS. My I-140 was denied on education basis. In denial notice USCIS wrote that we did not prove that my 3+3 (Diploma + Engg degree from India) degree is not equivalent to B.S in Computer science from Labor certification.
Guys please share your experience with me since its important for me to get I-140 approve for future growth.
Thanks
To answer your original question, my I-140 under EB3 was denied on the basis that my 3-year Bachelor in Computer Science was not equivalent to a 4-year BCS degree. I appealed to the AAO and attached an evaluation from Sheila Danzig.
While the AAO was pending, I started the process from scratch by filing a new PERM and my second I-140 was approved. So I guess it is possible to file a new I-140 while the original one is under appeal.
I want to know what are the chances of getting I-140 approve if we file a new petition and current I-140 appeal process is pending with USCIS. My I-140 was denied on education basis. In denial notice USCIS wrote that we did not prove that my 3+3 (Diploma + Engg degree from India) degree is not equivalent to B.S in Computer science from Labor certification.
Guys please share your experience with me since its important for me to get I-140 approve for future growth.
Thanks
To answer your original question, my I-140 under EB3 was denied on the basis that my 3-year Bachelor in Computer Science was not equivalent to a 4-year BCS degree. I appealed to the AAO and attached an evaluation from Sheila Danzig.
While the AAO was pending, I started the process from scratch by filing a new PERM and my second I-140 was approved. So I guess it is possible to file a new I-140 while the original one is under appeal.
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san3297
11-10 03:56 PM
This is my first time too coming across such a rfe. I really dont know if this kind of rfe was issued before.I called USCIS but as always they are saying send all the docs mentioned in rfe. My attorney is saying we will send them originals and transcripts. Dont know exaclty if they are doing an educational evaluation.Would like to see any attorneys suggestion on how to deal with this.
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Oasis52
05-15 02:44 PM
Current Status: H1 (visa stamp expires Sept 2011)
Citizen-India
Current: Company A (Has filed for h1 extention on May 1 under normal processing)
Future: Company B (Has filed for Transfer under Premium Processing as of May 6)
Currently employed with A. Company B lawyer has filed a transfer on May 6 Premium Process.(I believe current status is LCA is under process).
I plan to resign on May 21 with A and travel abroad to Dubai On May 22. Will be back on June3 to usa
>Can i travel abroad even if my tranfer is under process
>When i enter, what documents do I need to show at POE?
> Can i enter with Company A visa stamp
>Any issues if current employer informs USCIS about my resignation?
Its a emergency travel i cannot avoid. What needs to be done to make my trip
Citizen-India
Current: Company A (Has filed for h1 extention on May 1 under normal processing)
Future: Company B (Has filed for Transfer under Premium Processing as of May 6)
Currently employed with A. Company B lawyer has filed a transfer on May 6 Premium Process.(I believe current status is LCA is under process).
I plan to resign on May 21 with A and travel abroad to Dubai On May 22. Will be back on June3 to usa
>Can i travel abroad even if my tranfer is under process
>When i enter, what documents do I need to show at POE?
> Can i enter with Company A visa stamp
>Any issues if current employer informs USCIS about my resignation?
Its a emergency travel i cannot avoid. What needs to be done to make my trip
ghost
09-22 06:06 PM
I don't think that would be okay as you would then be jumping the hoop of I-140. I think we should just stay with the modest request of "filing 485" without visa number availability.
even if we can file for 485, the only possible way to move is by using AC-21 provisions, correct?
Also, when using AC-21 provisions to shift the job, do we need to ensure that the job description and responsibilities are similar to the previous job?
TIA
even if we can file for 485, the only possible way to move is by using AC-21 provisions, correct?
Also, when using AC-21 provisions to shift the job, do we need to ensure that the job description and responsibilities are similar to the previous job?
TIA
dealsnet
07-23 02:12 PM
See this thread for it.
http://immigrationvoice.org/forum/forum105-immigrant-visa/200436-abandoning-aos-how-to-withdraw-i-485-options.html#post528499
In the stated situation, I would opt for changing the I-485 case to consular processing.
http://immigrationvoice.org/forum/forum105-immigrant-visa/200436-abandoning-aos-how-to-withdraw-i-485-options.html#post528499
In the stated situation, I would opt for changing the I-485 case to consular processing.
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