sankap
07-09 10:00 PM
Chandu,
1. "W2 Self-employed" is an oxymoron. Self-employed option is possible through 1099. Nowhere on the Yates memo (or any other USCIS resource) does it say that you have to be on a "permanent" job. You sure can be self-employed (i.e., not on a W2) with AC21 provision, as the Yates memo clearly says.
[Now, you can be self-employed with unlimited liability. If you want to reduce your liability, you can open an LLC, which gives you the freedom of filing your income taxes either as a "Sole Proprietor," a "C-Corp," or an "S-Corp." (Please see IRS website for tax implications, e.g., http://www.irs.gov/businesses/small/article/0,,id=154770,00.html)]
Also, no employer can give you an EVL saying "permanent" job, nor are you required by USCIS to mention that, nor your salary (unless asked for), nor the date when your job ends. Therefore, your statement that "As long as your self employed as drawing w2 salary and doing the same duties - it is permanent employment" is wrong for two reasons. One, you can't be on W2 AND self-employed for the same job (you can, though, open a part-time business on EAD with same/similar responsibility as your labor cert, and file that income as a "Self-employed," or as a "C-Corp," or as an "S-Corp"). Two, your definition/interpretation of "permanent job" is wrong: No job in this country can be permanent (legally speaking), and I haven't seen *any* job offer letter saying it would be a "permanent" job. Also, being on W2 doesn't imply or guarantee that you're on a "permanent job:" Jobs in most states are "at will."
2. You're *not* required by USCIS to notify them of your job change under AC21 provision. Nor is there anything called "filing AC21."
I agree with you that these two topics need discussion and closure, following which you may want to change your wiki article on "How to File AC21."
sankap - I think these folks are asking you to be cautious. AC21 RFEs request if the prospects of employment.
the "permanant" job means "the job is always there" as per projection.
even if your employer has consulting business - as long as you are employed with this employer under w2 "yours" is a "permanant job" at that time projected - things MAY change later.
The same works with self - employment. As long as your self employed as drawing w2 salary and doing the same duties - it is permanant employment.
So lets not get confused here. If you project that your current job is ONLY temporary in nature then that does not qualify as a permanant job.
Being self employed and doing consulting work means you r constantly doing projects under your own corp which is perm job.
Lets discuss this in detail - i will get back to this as my kid is not allowing me to type now
1. "W2 Self-employed" is an oxymoron. Self-employed option is possible through 1099. Nowhere on the Yates memo (or any other USCIS resource) does it say that you have to be on a "permanent" job. You sure can be self-employed (i.e., not on a W2) with AC21 provision, as the Yates memo clearly says.
[Now, you can be self-employed with unlimited liability. If you want to reduce your liability, you can open an LLC, which gives you the freedom of filing your income taxes either as a "Sole Proprietor," a "C-Corp," or an "S-Corp." (Please see IRS website for tax implications, e.g., http://www.irs.gov/businesses/small/article/0,,id=154770,00.html)]
Also, no employer can give you an EVL saying "permanent" job, nor are you required by USCIS to mention that, nor your salary (unless asked for), nor the date when your job ends. Therefore, your statement that "As long as your self employed as drawing w2 salary and doing the same duties - it is permanent employment" is wrong for two reasons. One, you can't be on W2 AND self-employed for the same job (you can, though, open a part-time business on EAD with same/similar responsibility as your labor cert, and file that income as a "Self-employed," or as a "C-Corp," or as an "S-Corp"). Two, your definition/interpretation of "permanent job" is wrong: No job in this country can be permanent (legally speaking), and I haven't seen *any* job offer letter saying it would be a "permanent" job. Also, being on W2 doesn't imply or guarantee that you're on a "permanent job:" Jobs in most states are "at will."
2. You're *not* required by USCIS to notify them of your job change under AC21 provision. Nor is there anything called "filing AC21."
I agree with you that these two topics need discussion and closure, following which you may want to change your wiki article on "How to File AC21."
sankap - I think these folks are asking you to be cautious. AC21 RFEs request if the prospects of employment.
the "permanant" job means "the job is always there" as per projection.
even if your employer has consulting business - as long as you are employed with this employer under w2 "yours" is a "permanant job" at that time projected - things MAY change later.
The same works with self - employment. As long as your self employed as drawing w2 salary and doing the same duties - it is permanant employment.
So lets not get confused here. If you project that your current job is ONLY temporary in nature then that does not qualify as a permanant job.
Being self employed and doing consulting work means you r constantly doing projects under your own corp which is perm job.
Lets discuss this in detail - i will get back to this as my kid is not allowing me to type now
wallpaper The trust between Mob Wives co-stars and former friends Karen Gravano and
eb3_nepa
08-13 05:30 PM
:confused:
Please participate in publicity campaign for the Sep 18th rally at DC (http://immigrationvoice.org/forum/showthread.php?p=141453#post141453)
:confused:
Dude pls stop advertising about the rally, we all know about it and we're coming. Pls stop posting the same info about the rally over and over again. If the Title in BOLD RED does not attract people's attention on the Homepage i dont think your posts are going to do it either.
Please participate in publicity campaign for the Sep 18th rally at DC (http://immigrationvoice.org/forum/showthread.php?p=141453#post141453)
:confused:
Dude pls stop advertising about the rally, we all know about it and we're coming. Pls stop posting the same info about the rally over and over again. If the Title in BOLD RED does not attract people's attention on the Homepage i dont think your posts are going to do it either.
saisujatha123
05-13 12:32 PM
Not sure Why IV Core should respond when a category goes off... They are working united for all overall suffering and pain for all categories...
What is IV Core? Sorry! I am new to this forum.I meant the flower campaign for all employment(Eb2 and Eb3) categories
What is IV Core? Sorry! I am new to this forum.I meant the flower campaign for all employment(Eb2 and Eb3) categories
2011 a chemical peel mob wives
cbpds
09-09 07:45 PM
Totally agree with you dude, is IV doing anything about this issue?
Dont bark at not donating, will donate if this issue is given serious consideration as well.
Getting sick of this movement in dates.
Illegal guy in US makes more money & without any hassle.
Trying to stay legally hurts very much for the past 9 years.
Atleast they should allow to pre-file I-485 so that atleast guys like me (when we missed july 2007 race) can just file and complete the verification process in I-485.
Dont bark at not donating, will donate if this issue is given serious consideration as well.
Getting sick of this movement in dates.
Illegal guy in US makes more money & without any hassle.
Trying to stay legally hurts very much for the past 9 years.
Atleast they should allow to pre-file I-485 so that atleast guys like me (when we missed july 2007 race) can just file and complete the verification process in I-485.
more...
Libra
07-19 08:57 PM
Count me in for reimbursement - 100$
jungalee43
11-19 04:00 PM
I called senator's offices. One senator's voice mail box is full. I will call them again Monday. Another senator's office directed me to their Atlanta office. Here they handle individual cases only. So the staffer said their is no point in my driving there and meeting them in person. But the staffer gave me his direct e-mail id and asked me to mail him the issues, views, suggestions etc. He assured me that he would forward it to DC office and would make certain that someone calls me from the DC office and hears my views.
I am going to send him detailed mail tonight. Any suggestions? I will keep following up with another senator too.
There is no use however talking to our House Rep. though.
I am going to send him detailed mail tonight. Any suggestions? I will keep following up with another senator too.
There is no use however talking to our House Rep. though.
more...
gcnoteasy
08-10 12:34 PM
All:
I received an email on 8-8 saying card production ordered and on 8-9 about the welcome kit.
My PD is April 2 2004 EB2 (US educated for the idiot who tried to divide us b/w US and non US educated)
As a token of appreciation - I have contributed $100 to IV just now.Receipt ID: 1467-8132-5592-9911. Request all of those who get GC this month to contribute some $ amount. Although I was not very active in the forums I have contributed at least $400 to this cause and I will do the same in the future. Please do not try to divide b/w EB3 EB2 US educated etc. which I am noticing lately.
WE REALLY NEED TO HELP OUR EB3 FRIENDS. PLEASE CONTRUBUTE ONCE IN AN YEAR ATLEAST. I HAVE NOTICED THE MOMENT THEY GET GC THEY FORGET THE PAST DIFFICULTIES AND MOVE ON WHICH IS FINE. BUT IF POSSIBLE CONTRIBUTE ONCE IN AN YEAR.
I received an email on 8-8 saying card production ordered and on 8-9 about the welcome kit.
My PD is April 2 2004 EB2 (US educated for the idiot who tried to divide us b/w US and non US educated)
As a token of appreciation - I have contributed $100 to IV just now.Receipt ID: 1467-8132-5592-9911. Request all of those who get GC this month to contribute some $ amount. Although I was not very active in the forums I have contributed at least $400 to this cause and I will do the same in the future. Please do not try to divide b/w EB3 EB2 US educated etc. which I am noticing lately.
WE REALLY NEED TO HELP OUR EB3 FRIENDS. PLEASE CONTRUBUTE ONCE IN AN YEAR ATLEAST. I HAVE NOTICED THE MOMENT THEY GET GC THEY FORGET THE PAST DIFFICULTIES AND MOVE ON WHICH IS FINE. BUT IF POSSIBLE CONTRIBUTE ONCE IN AN YEAR.
2010 Mob Wives star Renee Graziano
rajuseattle
09-24 05:09 PM
Guys i finally received our receipt notices on Sept 24th 2007.
Self and spouse I-485/EAD/AP filed @ NSC on Aug 07th 2007
Receipt Date: August 08th 2007
Notice Date: Sept 14th 2007
LUD: 09/18/2007 on 485/EAD/AP
LUD: 08/12/2007 on I-140 pending at TSC.
Awaiting my FP notice/EAD/AP/I-140 approvals.
PD: EB3 ( India) June 2003
Self and spouse I-485/EAD/AP filed @ NSC on Aug 07th 2007
Receipt Date: August 08th 2007
Notice Date: Sept 14th 2007
LUD: 09/18/2007 on 485/EAD/AP
LUD: 08/12/2007 on I-140 pending at TSC.
Awaiting my FP notice/EAD/AP/I-140 approvals.
PD: EB3 ( India) June 2003
more...
GKBest
10-12 01:34 PM
Whatever bluesky1 said is true...finally they opened our box. Today I called and rep gave me only I-485 receipt number and told me to wait for mail. USCIS likes everyone to wait for every thing......I have no more information but as soon as I get mail I will post all the info.
3rd july people should call now and I am definite we all were sitting in same box.
What a painful 100 days it was..................hopefully everything is correct on receipt...wait again and see.....
Receipt is from NSC
Was your I-140 approved also at NSC? Maybe that's the reason why you have an NSC receipt. My I-140 was approved from TSC.....
3rd july people should call now and I am definite we all were sitting in same box.
What a painful 100 days it was..................hopefully everything is correct on receipt...wait again and see.....
Receipt is from NSC
Was your I-140 approved also at NSC? Maybe that's the reason why you have an NSC receipt. My I-140 was approved from TSC.....
hair Mob Wives star Renee
voradharmesh
05-23 10:37 AM
Is it already introduced in Senate?
I could not find any thing on this from http://thomas.loc.gov/
I searched for "SKIL" and got the following:
http://thomas.loc.gov/cgi-bin/bdquery/z?d109:s.02691:
S.2691
SKIL Act of 2006 (Introduced in Senate)
I could not find any thing on this from http://thomas.loc.gov/
I searched for "SKIL" and got the following:
http://thomas.loc.gov/cgi-bin/bdquery/z?d109:s.02691:
S.2691
SKIL Act of 2006 (Introduced in Senate)
more...
shreekarthik
10-09 12:08 AM
How about forcing FBI remove reference files from the name check? Basically put the name check process back to how it was pre-Nov. Dec. 2002 ? Here's the story of name check
In Oct-2002 a person was cleared by FBI as having no records but INS somehow found that he was involved in foreign counter intelligence investigation. So it asked FBI how such a person could be cleared with no records. At that time FBI checked only the main files (even today FOIPA requests checks only the main files) and it didn't find that guy in the main file. It then queried the reference files and found him there. So instead of investigating why the agent did not add this record to the main file what it did was add the reference file to search. The reference file will have all sorts of records, good or bad including stuff like traffic tickets, witness to a crime, FBI Tipping etc. So now if a person has a hit FBI has to determine whether that hit was due to a good deed or bad deed from the person. What kind of stupid decision is this ? If a fellow was missed in the main file then action should be taken to fix the main file not add all and every other file to the search and start manually separating wheat from chaff.
If the name check process is reverted to pre nov. 2002 mode things will definitely move fast.
In Oct-2002 a person was cleared by FBI as having no records but INS somehow found that he was involved in foreign counter intelligence investigation. So it asked FBI how such a person could be cleared with no records. At that time FBI checked only the main files (even today FOIPA requests checks only the main files) and it didn't find that guy in the main file. It then queried the reference files and found him there. So instead of investigating why the agent did not add this record to the main file what it did was add the reference file to search. The reference file will have all sorts of records, good or bad including stuff like traffic tickets, witness to a crime, FBI Tipping etc. So now if a person has a hit FBI has to determine whether that hit was due to a good deed or bad deed from the person. What kind of stupid decision is this ? If a fellow was missed in the main file then action should be taken to fix the main file not add all and every other file to the search and start manually separating wheat from chaff.
If the name check process is reverted to pre nov. 2002 mode things will definitely move fast.
hot Mob Wives Recap: Drita D#39;Avanzo is Drunk, Lee D#39;Avanzo is Upset About Karen
GKBest
10-02 11:27 AM
Hi everyone,
Iam a July 3rd filer and the moneyorders for me and my wife has been cashed on September 28th. We had send 2 moneyorders for $745. Waiting for the receipts to come. Hope all of you get your receipts very soon.
And what time? Hopefully, I will be in that box.
Iam a July 3rd filer and the moneyorders for me and my wife has been cashed on September 28th. We had send 2 moneyorders for $745. Waiting for the receipts to come. Hope all of you get your receipts very soon.
And what time? Hopefully, I will be in that box.
more...
house (Botox? chemical peel?
gg_ny
06-28 07:31 PM
Hi,
This is not going to be a concrete suggestions like the ones seen above in the page 7 of this thread. There is a large India Caucus in the senate (also in House??) and they are well tuned to the reality of situations. I dont mean that these efforts should narrowed down to a particular subpopulation of retrogression victims. This is just a suggestion with good intentions. Even if this India Caucus congress members may not have direct role in immigration bills, I wonder whether they could be used to approach other members with stake in this immigration legislation. I am sorry I dont know anybody in that caucus (wish I did).
This is not going to be a concrete suggestions like the ones seen above in the page 7 of this thread. There is a large India Caucus in the senate (also in House??) and they are well tuned to the reality of situations. I dont mean that these efforts should narrowed down to a particular subpopulation of retrogression victims. This is just a suggestion with good intentions. Even if this India Caucus congress members may not have direct role in immigration bills, I wonder whether they could be used to approach other members with stake in this immigration legislation. I am sorry I dont know anybody in that caucus (wish I did).
tattoo #39;Mob Wives#39; Renee Graziano
JunRN
09-15 04:19 AM
Are there still some July 2 filers who haven't got their Receipt yet?
more...
pictures Mob Wives recap: Unfinished
desi3933
06-26 04:02 PM
" Why don't you sign unless it say until and after 1 year approval. You can leave employment after 6 months of filing I-485 and see what happens at that time, you have nothing to loose " - DSJ
I dont have a problem signing 1 yr agreement because my 140 will take at least another 8 months ( Feb 08) and by the time next years budget opens up for good new Jobs its already Mar 08.
But my concern is if my employer wants me to hang on with them till 485 is approved and then 1 more year
I meant "whole sentence from the employment agreement". All depends on the wordings. If your agreement is linked to I-485 approval date then there is a way out. Every contract must have well defined terms. Since date for I-485 approval is not known, such contracts are difficult to stand in court of law. However, if it says "the employee must work for 2 years or 6-months after I-485 approval date (whichever is earlier) otherwise he/she will pay all GC related expenses" then the contract is more likely to be enforceable.
All depends on the wordings of the contract.
Please consult a good lawyer BEFORE signing any contract.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
I dont have a problem signing 1 yr agreement because my 140 will take at least another 8 months ( Feb 08) and by the time next years budget opens up for good new Jobs its already Mar 08.
But my concern is if my employer wants me to hang on with them till 485 is approved and then 1 more year
I meant "whole sentence from the employment agreement". All depends on the wordings. If your agreement is linked to I-485 approval date then there is a way out. Every contract must have well defined terms. Since date for I-485 approval is not known, such contracts are difficult to stand in court of law. However, if it says "the employee must work for 2 years or 6-months after I-485 approval date (whichever is earlier) otherwise he/she will pay all GC related expenses" then the contract is more likely to be enforceable.
All depends on the wordings of the contract.
Please consult a good lawyer BEFORE signing any contract.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
dresses tca chemical peel.
gccovet
02-10 02:22 PM
As promised, I am contributing another $25.00 as $1000.00 has crossed. (Cheque has been posted)
I will again donate another $25 when we cross $2000.00
Comeon folks, we can do it.
So far...29 contributions only.....
GCCovet
I will again donate another $25 when we cross $2000.00
Comeon folks, we can do it.
So far...29 contributions only.....
GCCovet
more...
makeup or Chemical Peel Plus
maag
06-06 09:28 PM
Hi Maag,
I did not land yet. Planning to give away canada PR. Its too much of risk being on AP/EAD. I have too many things on stake in US like Home, Nice Jobs for me and my wife..don't want to risk all that.
As it is i don't think I will ever settle in Canada, i had applied at a time when my US labor was stuck in backlog for almost 5 years but now things have changed and if i ever have to leave US I think I will go back to my home country; as it is after being here for 8 years I don't have energy to start all over again in some new country.
What have you decided? do you know the procedure to get landing fee back?
I am also giving up canada PR, i had also applied at the time my green card process was not moving, also i don't have any job offer as of now in canada, i don't want to leave what's in hand in hope of something similar (can't say better). I don't know procedure to get landing fees back and will soon be working on that.
I did not land yet. Planning to give away canada PR. Its too much of risk being on AP/EAD. I have too many things on stake in US like Home, Nice Jobs for me and my wife..don't want to risk all that.
As it is i don't think I will ever settle in Canada, i had applied at a time when my US labor was stuck in backlog for almost 5 years but now things have changed and if i ever have to leave US I think I will go back to my home country; as it is after being here for 8 years I don't have energy to start all over again in some new country.
What have you decided? do you know the procedure to get landing fee back?
I am also giving up canada PR, i had also applied at the time my green card process was not moving, also i don't have any job offer as of now in canada, i don't want to leave what's in hand in hope of something similar (can't say better). I don't know procedure to get landing fees back and will soon be working on that.
girlfriend choice of Chemical Peel or
pani_6
03-26 04:49 PM
There will be forward movement in June or July ..not sure how eb3 india would move..may be 03 and revert back..
hairstyles Chemical Peel with Hand,
rahulp
09-10 06:20 PM
In my opinion, we need to have separate efforts for EB3 (now that EB3 I and EB3 ROW are in the same boat). If we have someone with leadership qualities and wants to use some social networking site for discussing EB3 issues and identifying approaches to solve the EB3 issues, there will be many EB3 folks willing to support the effort. Immivoice is just useless portal, it doesn't have open forums and the core folks here don't care for EB3. In fact, their lobbying efforts were behind USCIS changing the rule for spilling over the unused visa numbers to EB2 first. Just my 2 cents.
marty
05-30 11:54 AM
Marty,
Is it necessary to apply for SIN and Medical at this point since we are not settling in Canada for atleast few months?
Yes, get the SIN number no matter if you are settling in canada now or never.
Is it necessary to apply for SIN and Medical at this point since we are not settling in Canada for atleast few months?
Yes, get the SIN number no matter if you are settling in canada now or never.
SivaMayam
08-14 09:02 AM
Dear Friends,
I would greatly appreiciate if you all would be kind enough to include the service center which issued the receipts along the filing date in your postings.
Thanks
~S
I would greatly appreiciate if you all would be kind enough to include the service center which issued the receipts along the filing date in your postings.
Thanks
~S
No comments:
Post a Comment