whiteStallion
10-17 02:55 PM
Just an advice, please do not accept 1099 from your consulting company. I had the experience and paid a lot more in tax at the end of the year than I would have paid in W2 as 1099 is considered as business income. You'll be paying more taxes than W2.
So always stick to W2 when you are getting your salary from your consulting company. If Consulting company is paying you in 1099, then they do not pay Payroll taxes on your salary and thus save money. If they are paying you in w2, which they are supposed to(you being on H1), they have to pay payroll taxes themselves.
So always stick to W2 when you are getting your salary from your consulting company. If Consulting company is paying you in 1099, then they do not pay Payroll taxes on your salary and thus save money. If they are paying you in w2, which they are supposed to(you being on H1), they have to pay payroll taxes themselves.
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abracadabra102
07-21 10:57 AM
LOL! I did that already in May and the Local office IO was so incredibly RUDE and unhelpful. She told me absolutely nothing other than confusing me by saying my application was being processed on the East Coast and it would be another 3 months or so....... Bet she was just looking at the "EAC" in my receipt # to come up with "East Coast". I confirmed today it is definitely at TSC.
I am not surprised. USCIS/DHS employees have no accountability and utterly incompetent. They throw around national security whenever someone tries to hold them responsible.
They made a mess of those VSC-TSC, CSC-TSC, transfer cases and some are still waiting for their fingerprint notices.
I am not surprised. USCIS/DHS employees have no accountability and utterly incompetent. They throw around national security whenever someone tries to hold them responsible.
They made a mess of those VSC-TSC, CSC-TSC, transfer cases and some are still waiting for their fingerprint notices.
as_rudra
10-25 01:58 PM
I have a related question for one of my friends.
If the I140 is approved and have already applied for I485. He is planning to extend the H1 based on the approved I140 for 3 years? then if something unfortunate happens to I485 then is H1 status still valid (on 7th year)? or since the H1 is based on pending I485 does it become invalid immediately?
Any inputs are appreciated.
Thanks
If the I140 is approved and have already applied for I485. He is planning to extend the H1 based on the approved I140 for 3 years? then if something unfortunate happens to I485 then is H1 status still valid (on 7th year)? or since the H1 is based on pending I485 does it become invalid immediately?
Any inputs are appreciated.
Thanks
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xela
04-23 01:40 PM
mhmm mine was sent on June 31 for July 2nd delivery to NSC and the receipt came from California in Sept. But my official receipt date was still July 2nd which is when NSC stamped in their mail room before they forwarded it on.
make sure that your forms do not reflect something similar. your RD is when they got it in their mailroom not when they sent recipt notice.
I am still waiting, last time I called them my case had yet to be assigned to someone....phhhhhhh
I have a filing date of July 2nd 2007. My RD? A fantastic Oct 21 2007. That's 3 and a half months, more than a quarter year away.
I filed at NSC, my case ended up in TSC.
Nothing much makes sense, nowadays. :confused:
make sure that your forms do not reflect something similar. your RD is when they got it in their mailroom not when they sent recipt notice.
I am still waiting, last time I called them my case had yet to be assigned to someone....phhhhhhh
I have a filing date of July 2nd 2007. My RD? A fantastic Oct 21 2007. That's 3 and a half months, more than a quarter year away.
I filed at NSC, my case ended up in TSC.
Nothing much makes sense, nowadays. :confused:
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priderock
08-06 11:55 AM
My i-140 premium processing application was filed on the 22nd of June,2007 as indicated in the information below. The package & check were returned in the first week of July. A letter indicating the reason for remittance and return was that the labor cert. attached was a photocopy and not the original.
Now what does not make sense here is that the original labor was sent along with the original i140 application filed last year(in june 2006).
I called the USCIS info line and the rep. suggested that i could resend it with an explanation.
What concerns me is if i do resend it, would it be considered only after suspension of i140 premium is lifted or would it be considered as a case from last month and processed under premium.
My lawyer told me that 140 PP can't be filed with a copy of LC. They say you can only file regular processing if you don't have the original LC.
She said, it requires some additional processing by USCIS in case of copy of LC that requires more time and therefore they can't process it in 15 days.
Now what does not make sense here is that the original labor was sent along with the original i140 application filed last year(in june 2006).
I called the USCIS info line and the rep. suggested that i could resend it with an explanation.
What concerns me is if i do resend it, would it be considered only after suspension of i140 premium is lifted or would it be considered as a case from last month and processed under premium.
My lawyer told me that 140 PP can't be filed with a copy of LC. They say you can only file regular processing if you don't have the original LC.
She said, it requires some additional processing by USCIS in case of copy of LC that requires more time and therefore they can't process it in 15 days.
abhay
10-29 03:20 PM
Thanks Man. I am nervous now :mad:
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mmanurker
08-06 11:29 AM
Mine is not labor substitution though. My lawyer never received the original hardcopy of the labor certification.
I am also in the same boat. Mine is also not a labor substitution and my lawyer never recieved the original hardcopy of the labor. So he said we cannot file for I-140 premium processing and my 140 application is pending since March'2007. My labor PD is Dec'2003 got approved from Dallas BEC in Dec'2006.
I am also in the same boat. Mine is also not a labor substitution and my lawyer never recieved the original hardcopy of the labor. So he said we cannot file for I-140 premium processing and my 140 application is pending since March'2007. My labor PD is Dec'2003 got approved from Dallas BEC in Dec'2006.
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ruby
08-16 05:24 PM
My I485 was filled with EB3/PD Sep 2002. That time I had EB2/PD-Sep-2004 approved too but my layers said that we should file with “EB3/PD Sep 2002” and when I asked them to combine my EB2 with “EB3/ PD Sep 2002” they said USCIS will reject it.,
Now as EB3 is unavailable, is it possible to use my EB2 approved I-140 with already filled I-485 ( which was filled with EB3/PD-Sep-2002) so that I can retain my EB3/PD-sep 2003 but change the preference category to EB2.
Now as EB3 is unavailable, is it possible to use my EB2 approved I-140 with already filled I-485 ( which was filled with EB3/PD-Sep-2002) so that I can retain my EB3/PD-sep 2003 but change the preference category to EB2.
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grupak
08-10 11:17 PM
Hi, my I-485 approval might be close according to current processing time. I have moved within the same city. I wonder whether change of address at this time will cause any delay:
1. how likely due to change of address, my I-485 processing will be affected and got delayed?
2. how likely I will get a REF due to change of address?
3. Is it better to make an effort to keep the old address?
Thanks.
One option is to change the address at USCIS and also put a hold on your mail for 30 days (max allowed) at the Post Office. Picking up held mail should be easy since you are in same city.
1. how likely due to change of address, my I-485 processing will be affected and got delayed?
2. how likely I will get a REF due to change of address?
3. Is it better to make an effort to keep the old address?
Thanks.
One option is to change the address at USCIS and also put a hold on your mail for 30 days (max allowed) at the Post Office. Picking up held mail should be easy since you are in same city.
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gcisadawg
03-25 04:52 PM
voted for vamsi's qn....
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nixstor
08-23 11:56 AM
I wish it was like that, but it amazes me how many times I have to give the exact same information to all government agencies. They have no clue or contact between each other unfortunately.
For example, why do I have to give all my information on all forms, even within USCIS? And why do I have redo my fingerprints every year? My fingers don't change.
And why can people get a new drivers license or hide in another state from where the drivers license was issued?
The only thing that should be needed to apply for a i485 should be your social #. The rest of the information they should already KNOW... Why should you give it? Then they will have to check that you gave the right information on the paper, not focusing on if the information is correct... It is just opening up for fraud.
So until they get their information straight, don't underestimate how much data you have to give them over and over again... and how slow the process will be because of that.
Swede,
While I agree with most of your comments (Ex: DL process is a mess), it does not work like that. We are talking about inter agency communication. To quote an example of how USCIS systems themselves are designed I asked " How come USCIS do not know how many people will be eligible for filing 485 ? All that they have to do is get a number of approved and pending 140's and come with a PD date that will effectively use visa numbers" short answer is there are different systems in USCIS to which some officers have access to and some officers don't.
Essentially, the data is already out there but the data is in different data islands and they are not connected. While it would be good to connect all these islands, there can be issues with overwhelming information or making info available with out knowing whats needed. There needs to be an access control based approach or even biometrics. Every access should be substantiated with a reason. In the current situation it might be easy for agencies to ask the applicant for proof rather than trying to go through other agency's bureaucracy. I could be wrong.
I love the idea of giving SSN, GC application and have it processed.
Thanks for updating your profile and will see you in DC
For example, why do I have to give all my information on all forms, even within USCIS? And why do I have redo my fingerprints every year? My fingers don't change.
And why can people get a new drivers license or hide in another state from where the drivers license was issued?
The only thing that should be needed to apply for a i485 should be your social #. The rest of the information they should already KNOW... Why should you give it? Then they will have to check that you gave the right information on the paper, not focusing on if the information is correct... It is just opening up for fraud.
So until they get their information straight, don't underestimate how much data you have to give them over and over again... and how slow the process will be because of that.
Swede,
While I agree with most of your comments (Ex: DL process is a mess), it does not work like that. We are talking about inter agency communication. To quote an example of how USCIS systems themselves are designed I asked " How come USCIS do not know how many people will be eligible for filing 485 ? All that they have to do is get a number of approved and pending 140's and come with a PD date that will effectively use visa numbers" short answer is there are different systems in USCIS to which some officers have access to and some officers don't.
Essentially, the data is already out there but the data is in different data islands and they are not connected. While it would be good to connect all these islands, there can be issues with overwhelming information or making info available with out knowing whats needed. There needs to be an access control based approach or even biometrics. Every access should be substantiated with a reason. In the current situation it might be easy for agencies to ask the applicant for proof rather than trying to go through other agency's bureaucracy. I could be wrong.
I love the idea of giving SSN, GC application and have it processed.
Thanks for updating your profile and will see you in DC
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tinkugadu
07-04 09:27 PM
My state in four lines
1) Came to US on F-1 Visa, never completed my masters
2) Shifted to H-1B and i have been with the same client and havent been to India for four years.
3) Now i am doing part time MBA from a top Ivy league school and i have $40,000 in loans from my MBA. i have not finished it as yet.
4) Applied for labor and priority date is Jan 2007 and i wanted to apply for 1-485 and AP and Skip H-1B stamping
But because of the july 2nd i cant do that anymore and i will have to go to H-1B stamping. I wonder what will happen if my stamping gets rejected. If dont attend classes for 4 months. My student loan will start asking for monthly payments. I am in a quagmire.
But still i have decided that i will go to India in any case and if payments become overdue for more months. I dont know what to do.
I had so many hoped on the current numbers . Any idea guys what can i do?
1) Came to US on F-1 Visa, never completed my masters
2) Shifted to H-1B and i have been with the same client and havent been to India for four years.
3) Now i am doing part time MBA from a top Ivy league school and i have $40,000 in loans from my MBA. i have not finished it as yet.
4) Applied for labor and priority date is Jan 2007 and i wanted to apply for 1-485 and AP and Skip H-1B stamping
But because of the july 2nd i cant do that anymore and i will have to go to H-1B stamping. I wonder what will happen if my stamping gets rejected. If dont attend classes for 4 months. My student loan will start asking for monthly payments. I am in a quagmire.
But still i have decided that i will go to India in any case and if payments become overdue for more months. I dont know what to do.
I had so many hoped on the current numbers . Any idea guys what can i do?
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PlainSpeak
02-25 03:34 PM
A friend of mine (GC) sent his and his family passports to DC embassy and they sent his wife's and one kids passports back to him and sent the remaining 2 passports to some one else in california. Fortunatly the person who received the passport was a nice guy and he called my friend and sent back the passports.
Bottom line is if you are in the tri city area (within a 100 miles of DC) its is better to go in person to the embassy to submit and pick up passport. Atleast you have peace of mind. For those who live far off there is no option but to post
Bottom line is if you are in the tri city area (within a 100 miles of DC) its is better to go in person to the embassy to submit and pick up passport. Atleast you have peace of mind. For those who live far off there is no option but to post
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hsingh82
02-24 02:41 PM
Yes this is discussion forum but we have Job to get it done through our members. if members doesn't help us financially then we are loosing our edge. Nothing is free here (America), all actions are cost associated with it just calling senator or writing letter is just part of action.we need to convince our fellow member to contribute financially like donating money for good cause.Thanks
I agree with you that IV needs money for the good cause and it has to come from donations. All I am saying is if someone like me who is on H1B and can't fill the profile wants to reply to someone's query then IV should not be charging me for that because I have no dates in my profile. Money has to be generated but not at the cost of popularity of IV and defeating the purpose of IV as a common platform for all legal immigrants.
I agree with you that IV needs money for the good cause and it has to come from donations. All I am saying is if someone like me who is on H1B and can't fill the profile wants to reply to someone's query then IV should not be charging me for that because I have no dates in my profile. Money has to be generated but not at the cost of popularity of IV and defeating the purpose of IV as a common platform for all legal immigrants.
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abimanyu
09-11 07:10 AM
My significant other's labor processing begain in DEC 2002, the application was made in Jan 2003, and it reached the Dallas BEC on July 2003, here labor was certified on Aug 2006, and we received notice from the lawyers day before yesterday. Now the next wait begins, for PD to become current.
It took 3 years for the 1st stage processing, maybe it will take another 6 years to complete the 2nd and 3rd stage processing. If this trend continues I might be ready to retire by the time the GC arrives.:)
After reading this, I was not sure whether that 140K included the Labour backlogs. I know the BECs have been a lot more active lately and have been pumping out approvals/denials more rapidly.
If infact 140K backlogs do include them, then perhaps that would be a good thing, since atleast then we can perhaps begin to get our arms around this and understand how long our waits will actually be.
One thing is for sure they have definitely stepped up the speed of things at the USCIS with other filings after retrogression hit.
It took 3 years for the 1st stage processing, maybe it will take another 6 years to complete the 2nd and 3rd stage processing. If this trend continues I might be ready to retire by the time the GC arrives.:)
After reading this, I was not sure whether that 140K included the Labour backlogs. I know the BECs have been a lot more active lately and have been pumping out approvals/denials more rapidly.
If infact 140K backlogs do include them, then perhaps that would be a good thing, since atleast then we can perhaps begin to get our arms around this and understand how long our waits will actually be.
One thing is for sure they have definitely stepped up the speed of things at the USCIS with other filings after retrogression hit.
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martinvisalaw
03-22 07:17 PM
(1) File a MTR? should I file this myself or work with my law firm on this? What is the effort involved in filing the MTR as I understand from the denial letter that I have until Apr 14th to file the MTR?
(2)Is there any other means to communicate with TSC that my RFE response was received at TSC within the 33 day time limit and hence there is no basis for this denial?
(3) Re-file a new 140 petition?
Definitely file an MTR/appeal if you are 100% certain that the RFE response was received by TSC before the deadline. CIS should reopen the case if it was their mistake. Immigration regulations specifically allow for this procedure. There is no other way to ask TSC to reconsider - they will require an MTR.
If it was their mistake, in theory you should not need to pay the filing fees for an MTR. However, the attorney needs to make it very clear on the filing that the case should not be rejected for lack of filing fees. The contract workers who open the mail might reject the case if they don't see a check. It might be safer to include a check if you are close to the filing deadline.
(2)Is there any other means to communicate with TSC that my RFE response was received at TSC within the 33 day time limit and hence there is no basis for this denial?
(3) Re-file a new 140 petition?
Definitely file an MTR/appeal if you are 100% certain that the RFE response was received by TSC before the deadline. CIS should reopen the case if it was their mistake. Immigration regulations specifically allow for this procedure. There is no other way to ask TSC to reconsider - they will require an MTR.
If it was their mistake, in theory you should not need to pay the filing fees for an MTR. However, the attorney needs to make it very clear on the filing that the case should not be rejected for lack of filing fees. The contract workers who open the mail might reject the case if they don't see a check. It might be safer to include a check if you are close to the filing deadline.
more...
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Raj Iyer
02-24 02:37 PM
Hi,
Recently, I applied for H1 extension (change of employer) at Mumbai COnsulate. The Visa officer said all my documents are good but still issued me a yellow form that says that administrative process is required for my case. She gave me back my passport and the yellow form. The application is pending.
I have a valid EAD and AP. Is it possible for me to abandon the H1 process and enter US on EAD and AP.
I am looking for legal expertise here.
Thanks.
Hi:
Do you have any arrest record? DUI or anything like. If yes, theat may also lead them to issue administrative processing request.
Recently, I applied for H1 extension (change of employer) at Mumbai COnsulate. The Visa officer said all my documents are good but still issued me a yellow form that says that administrative process is required for my case. She gave me back my passport and the yellow form. The application is pending.
I have a valid EAD and AP. Is it possible for me to abandon the H1 process and enter US on EAD and AP.
I am looking for legal expertise here.
Thanks.
Hi:
Do you have any arrest record? DUI or anything like. If yes, theat may also lead them to issue administrative processing request.
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GCBy3000
07-11 08:41 PM
This is the letter which I composed and sent to David Obey of WI.
Here is the IV Link http://immigrationvoice.org/forum/showthread.php?p=99419#post99419
How did it ended up in www.congress.org????
http://www.congress.org/congressorg/issues/alert/?alertid=9979506&content_dir=ua_congressorg
The button below the article lets you send emails to Bush and Cheney...
Here is the IV Link http://immigrationvoice.org/forum/showthread.php?p=99419#post99419
How did it ended up in www.congress.org????
http://www.congress.org/congressorg/issues/alert/?alertid=9979506&content_dir=ua_congressorg
The button below the article lets you send emails to Bush and Cheney...
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chanduv23
07-30 09:36 AM
Pappu - it is defnitely pathetic that people have not been able to make best use of Ombudsman's calls.
But we have to accept reality. In general, from what I understand, Ombudsman calls are for common man and people who participate may not necessarily be an IV member or come to IV forums regularly or think in the way we think. Even if an IV member is on the call and is a regular visitor to forums and is wanting to do something collectively, he/she may want to deal with their case.
If IV is organizing the Ombudsman call and requests IV active members to utilize the opportunity in the best possible way - it is a different thing but that may also not help.
I do share your feelings but I guess it takes a lot lot lot of time to organize people to stand up for collective issues and collective resolutions rather than their oown individuial needs.
But we have to accept reality. In general, from what I understand, Ombudsman calls are for common man and people who participate may not necessarily be an IV member or come to IV forums regularly or think in the way we think. Even if an IV member is on the call and is a regular visitor to forums and is wanting to do something collectively, he/she may want to deal with their case.
If IV is organizing the Ombudsman call and requests IV active members to utilize the opportunity in the best possible way - it is a different thing but that may also not help.
I do share your feelings but I guess it takes a lot lot lot of time to organize people to stand up for collective issues and collective resolutions rather than their oown individuial needs.
gccovet
05-22 07:42 AM
in early April..... before FP....
I really hope you get the GC, but I doubt it, just like others here.
LUD in April does not mean anything as tons of people got LUD in April.
Good luck though.
GCCovet
I really hope you get the GC, but I doubt it, just like others here.
LUD in April does not mean anything as tons of people got LUD in April.
Good luck though.
GCCovet
xtetic
03-11 09:37 AM
from what i understand it is legal for now, but for sure it might raise some eyebrows. i for one know this guy who applied 2 h1's from 2 employers from india. he did get his receipt# from one of them but he got a rfe nd got rejected. i don't know details if the rfe was for 2 apps or for some other issue with the cmpy itself.....will try to contact that guy n d update here
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