sankap
07-09 09:34 PM
Supreet:
Based on my extensive research on the topic:
1. You can safely take the 1099 contract offer on EAD. In case of an EVL RFE, your recruiting company (the one giving you paycheck) should be able to give you an EVL. As I've noted below, the job need *not* be "permanent," unlike what others have mentioned on this forum. The EVL needs to only mention your job title, duties, and start date, not salary (unless specifically asked for). You do *not* need to provide any paystubs.
2. For salary received on 1099, you'll file taxes as "self-employed." IRS website has extensive resources on filing as self-employed vs. LLC.
3. Under corp-to-cop arrangement, you need to have a tax ID. Many clients/"bodyshoppers" will only consider a C2C arrangement. You can either do this by setting up your own LLC OR by incorporating (as a C-corp or S-Corp--again refer to IRS website or PM me if you need more info) OR through another corporation (e.g., on someone holding your H1B (you being their W2 employee)--not needed in your case). You can file your taxes as a "Self-employed" on any of these options, and can also claim deductions on job-related expenses (e.g., mileage, travel+lodging if you're traveling out of town)--so these options are monetarily better than being on W2, which is working not as self-employed.
4. You're never needed to "file AC21." First, no USCIS resource mentions procedure for that. Second, you're are *not* required by USCIS to inform them of every job change if you're invoking AC21.
Bottom line: Go ahead with this opportunity on 1099, report this income as "Self-employed," deducting any job-related expenses, and ensure that the recruiting company will give you an EVL *if* needed. I'm *guessing* that if self-employed, you can also write your own EVL (stating start date as your W2-job layoff date and a "projected" yearly income, if asked for). In that case, registering your company with the county (~$20) or opening an LLC (~$400) may help. Last, no need to "file AC21" or inform the USCIS of your job change, since it's not required.
Thanks so much everyone for your replies. I am planning to go for this job, I guess it will be better to be self-employed rather than unemployed.
However, a few follow up questions.
1. I realize on 1099 I will not have any pay stubs or offer letter (as pointed by someone). How can I respond to a Employment Verification RFE? What documentory proof will I need to answer the RFE?
2. If I can get an offer letter for 'Contract to Hire' will that be an appropriate response to any potential EVL RFE? Will it be ok if the full time joing date is say 3 months from now? First 6 months on 1099 and then full time hire?
3. Is it better to go corp-to-corp through another vendor instead of 1099? That way I can have pay stubs/offer letter through a vendor company which will produce my pay stubs (even though I will lose about 20% of my billing rate)?
Just an additional detail, my job duties are going to be exactly same as what was approved on my labor.
Your help is highly appreciated.
Thanks!!
- S
Based on my extensive research on the topic:
1. You can safely take the 1099 contract offer on EAD. In case of an EVL RFE, your recruiting company (the one giving you paycheck) should be able to give you an EVL. As I've noted below, the job need *not* be "permanent," unlike what others have mentioned on this forum. The EVL needs to only mention your job title, duties, and start date, not salary (unless specifically asked for). You do *not* need to provide any paystubs.
2. For salary received on 1099, you'll file taxes as "self-employed." IRS website has extensive resources on filing as self-employed vs. LLC.
3. Under corp-to-cop arrangement, you need to have a tax ID. Many clients/"bodyshoppers" will only consider a C2C arrangement. You can either do this by setting up your own LLC OR by incorporating (as a C-corp or S-Corp--again refer to IRS website or PM me if you need more info) OR through another corporation (e.g., on someone holding your H1B (you being their W2 employee)--not needed in your case). You can file your taxes as a "Self-employed" on any of these options, and can also claim deductions on job-related expenses (e.g., mileage, travel+lodging if you're traveling out of town)--so these options are monetarily better than being on W2, which is working not as self-employed.
4. You're never needed to "file AC21." First, no USCIS resource mentions procedure for that. Second, you're are *not* required by USCIS to inform them of every job change if you're invoking AC21.
Bottom line: Go ahead with this opportunity on 1099, report this income as "Self-employed," deducting any job-related expenses, and ensure that the recruiting company will give you an EVL *if* needed. I'm *guessing* that if self-employed, you can also write your own EVL (stating start date as your W2-job layoff date and a "projected" yearly income, if asked for). In that case, registering your company with the county (~$20) or opening an LLC (~$400) may help. Last, no need to "file AC21" or inform the USCIS of your job change, since it's not required.
Thanks so much everyone for your replies. I am planning to go for this job, I guess it will be better to be self-employed rather than unemployed.
However, a few follow up questions.
1. I realize on 1099 I will not have any pay stubs or offer letter (as pointed by someone). How can I respond to a Employment Verification RFE? What documentory proof will I need to answer the RFE?
2. If I can get an offer letter for 'Contract to Hire' will that be an appropriate response to any potential EVL RFE? Will it be ok if the full time joing date is say 3 months from now? First 6 months on 1099 and then full time hire?
3. Is it better to go corp-to-corp through another vendor instead of 1099? That way I can have pay stubs/offer letter through a vendor company which will produce my pay stubs (even though I will lose about 20% of my billing rate)?
Just an additional detail, my job duties are going to be exactly same as what was approved on my labor.
Your help is highly appreciated.
Thanks!!
- S
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gova123
08-13 09:37 AM
Did anyone receive card mailed e-mail/status update? I saw one member receive that.
Mita: Both my wife and I received that e-mail last night. Hope we get our cards soon..
Mita: Both my wife and I received that e-mail last night. Hope we get our cards soon..
abq_gc
08-18 02:49 PM
Well CLEARLY you CANNOT.
AND STOP Cursing on this forum, it is NOT your personal property. If you are that HIGHLY skilled as you claim to be, stop behaving like an uncouth idiot.
so the best u can reply is by cursing me...clearly shows ur an EB-3... nothing innovating in your genes...i assume hahahaa
AND STOP Cursing on this forum, it is NOT your personal property. If you are that HIGHLY skilled as you claim to be, stop behaving like an uncouth idiot.
so the best u can reply is by cursing me...clearly shows ur an EB-3... nothing innovating in your genes...i assume hahahaa
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ArunAntonio
07-06 05:21 PM
to generate more support, I live in Bay area and I am very willing to participate.but cant at such short notice. we need to generate some media awareness before we organize a rally so that we get coverage.. any idea who is organizing this?
more...
Jimi_Hendrix
12-14 06:13 PM
You are right CIR does contain provisions that allow workers to self petition.
And yes, SKIL does not allow us to self petition, it is a travesty.
And yes, SKIL does not allow us to self petition, it is a travesty.
manand24
07-02 08:39 AM
Fedex sent June 29, 2007.
Delivered to Lincoln, NE on July 02, 2007 at 7:55AM.
Signed for by R Williams.
Delivered to Lincoln, NE on July 02, 2007 at 7:55AM.
Signed for by R Williams.
more...
amdn123
01-24 06:52 PM
Thanks sirinme, my job responsibilities are similar in the new job (i.e. same job code classification). My only concern is whether is it legally necessary to file papers to USCIS under AC21 informing of job change now or wait till visa numbers for me becoem current again.
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walking_dude
10-08 04:07 PM
How do you know its rare? Do you know every Indian, every Chinese, every Mexican, every Phillipino [ all non-ROW countries] who has ever applied for EB GC? Mathew Oh posting about it shows it's being used by substantially.
In the same stroke, if we count the people who got stuck behind despite earlier PDs using real statistics, it may turn out to be less than 'Alternate Chargeability' + American spouse cases. Most people have been getting GCs by PDs!
Labour substituition is no longer allowed. But thousands of Substitution labors got approved just prior to July 16th(?) DOL deadline. So how trustworthy is the "holy" PD?
How many Indians do you know who have married sri lankans or pakistanis??? Its rare and its not worth making an issue.
India/China has huge population and therefore the number of applications far exceed ROW. Now who is to blame? Our parents? Our nation? Our politicians?
Labour substituition----Now thats bad...but its no longer allowed
In the same stroke, if we count the people who got stuck behind despite earlier PDs using real statistics, it may turn out to be less than 'Alternate Chargeability' + American spouse cases. Most people have been getting GCs by PDs!
Labour substituition is no longer allowed. But thousands of Substitution labors got approved just prior to July 16th(?) DOL deadline. So how trustworthy is the "holy" PD?
How many Indians do you know who have married sri lankans or pakistanis??? Its rare and its not worth making an issue.
India/China has huge population and therefore the number of applications far exceed ROW. Now who is to blame? Our parents? Our nation? Our politicians?
Labour substituition----Now thats bad...but its no longer allowed
more...
pd2001_12
09-10 02:15 PM
I agree that we need to strengthen IV by contributing our time, money. But, to me it looks like most of the successes(how small they are) of IV are making EB3 suffer more. Not anything against EB2 guys, don't start a war please. I think IV should concentrate more on EB3. I have seen vocal EB2 people writing against EB3 in these forums. But do we really have to suffer like this?
I agree completely with vdlrao and pappu. We are doing our best to put lot of efforts to sort this out by volunteering. What is your guess, how many people stuck in GC mess in the DC Metro area? Thousands, right????? We had a State Chapter meeting for Maryland, Virginia and DC and you know how many show up for the meeting ????? Take a guess...15!!!! You guys just know how to yell and scream at this blog. Convert your anger into something constructive......IV is not the President of this country that would go ahead and pass legislation to bring you relief. It is the lawmakers.....This has to be collective effort. I will like each one of you to first donate, volunteer before coming to this site to blame the organization. You should be thankful to the people running this show putting their time and energy for our cause. President of this country is having hard time to pass a legislation on health care and you expect IV with help of couple of people can get you legislative relief with couple of hundred dollars!!!! Guys wake up to the reality and contribute to IV.....Work with your state chapters...There are lot of people ready to take initiative through your state chapters but they find no one supporting them. Insurance companies are contributing billions of dollars to lobby against a bill. And if you cannot move out of your couch to volunteer, shut up and just wait for next bulletin....
I agree completely with vdlrao and pappu. We are doing our best to put lot of efforts to sort this out by volunteering. What is your guess, how many people stuck in GC mess in the DC Metro area? Thousands, right????? We had a State Chapter meeting for Maryland, Virginia and DC and you know how many show up for the meeting ????? Take a guess...15!!!! You guys just know how to yell and scream at this blog. Convert your anger into something constructive......IV is not the President of this country that would go ahead and pass legislation to bring you relief. It is the lawmakers.....This has to be collective effort. I will like each one of you to first donate, volunteer before coming to this site to blame the organization. You should be thankful to the people running this show putting their time and energy for our cause. President of this country is having hard time to pass a legislation on health care and you expect IV with help of couple of people can get you legislative relief with couple of hundred dollars!!!! Guys wake up to the reality and contribute to IV.....Work with your state chapters...There are lot of people ready to take initiative through your state chapters but they find no one supporting them. Insurance companies are contributing billions of dollars to lobby against a bill. And if you cannot move out of your couch to volunteer, shut up and just wait for next bulletin....
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EADplease
09-21 02:55 PM
I got receipt numbers from the checks. Receipt notice date is Sep 14. But haven't received the actual receipts yet.
For me, since my 140 was approved in TSC, my attorney sent 485 to TSC.
For me, since my 140 was approved in TSC, my attorney sent 485 to TSC.
more...
h1techSlave
02-02 04:46 PM
that is some good advise.
I think you have made a great decision asdcrajnet. Best wishes for all your future endeavours (note the "u" in the spelling :-))
I will be following you pretty soon. I should be there by December 2011! I would like to provide a small piece of advice to others who are contemplating moving back but haven't made the decision yet.
Before that, a little bit about my story- I came to the US in April 2005 with the intention of living here for five years and then returning back for good. I told my brother about my intentions, which for some reason made him laugh. He said 90% of the people intend to "move back in five years" but never actually do. You have kids here and then they grow up and start going to school. Then you feel your kids will not adjust to schooling in India, and you end up living here. I didn't care so much about his comments until two years later. My brother again asked me - so when are you moving back? I said - in another five years. Holy S***!!! I never realized when my five year plan became a seven year plan!!!
So now coming to my word of advice - set a hard date and work towards that date! Don't just say "in a couple of years"! In December 2006 I set my return date to April 2012 and started working towards it. I started thinking seriously about what I wanted to do in India, what I needed to do here now to improve my chances of succeeding in India, etc. I asked my wife to answer the same questions about her career in India (by the way, it's our joint decision to move back!). I will be starting my own business when I move back. I have already identified partners, made some connections in Mumbai and have started talking to potential customers. I will be making a brief visit to Mumbai later in March, and am planning to move back for good by December 2011.
So if you are serious about moving, set a hard date and work towards it. Otherwise, five year plans become seven, ten, fifteen year plans and you end up living here for good (nothing wrong with that by the way, if that's your intention)!
- abhisam
I think you have made a great decision asdcrajnet. Best wishes for all your future endeavours (note the "u" in the spelling :-))
I will be following you pretty soon. I should be there by December 2011! I would like to provide a small piece of advice to others who are contemplating moving back but haven't made the decision yet.
Before that, a little bit about my story- I came to the US in April 2005 with the intention of living here for five years and then returning back for good. I told my brother about my intentions, which for some reason made him laugh. He said 90% of the people intend to "move back in five years" but never actually do. You have kids here and then they grow up and start going to school. Then you feel your kids will not adjust to schooling in India, and you end up living here. I didn't care so much about his comments until two years later. My brother again asked me - so when are you moving back? I said - in another five years. Holy S***!!! I never realized when my five year plan became a seven year plan!!!
So now coming to my word of advice - set a hard date and work towards that date! Don't just say "in a couple of years"! In December 2006 I set my return date to April 2012 and started working towards it. I started thinking seriously about what I wanted to do in India, what I needed to do here now to improve my chances of succeeding in India, etc. I asked my wife to answer the same questions about her career in India (by the way, it's our joint decision to move back!). I will be starting my own business when I move back. I have already identified partners, made some connections in Mumbai and have started talking to potential customers. I will be making a brief visit to Mumbai later in March, and am planning to move back for good by December 2011.
So if you are serious about moving, set a hard date and work towards it. Otherwise, five year plans become seven, ten, fifteen year plans and you end up living here for good (nothing wrong with that by the way, if that's your intention)!
- abhisam
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pmat
05-23 07:07 AM
Done... Sent emails to all.
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arung
08-13 10:37 AM
I think one need to create database based on who came in what year and what is the priority data's . True there are people like me came in 2000 and still has priority date as Dec 2004, this is not my fault, this is forced by GC process tied with employer.
The landing or start date of H1b/L1B + old priority date should be the real beneficiary of spillover in respective of EB.
The landing or start date of H1b/L1B + old priority date should be the real beneficiary of spillover in respective of EB.
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mmillo
11-17 03:51 PM
D, Twice, one from my e-mail and the 2nd from my wife's e-mail.
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nick
08-21 06:14 PM
I485/I765 both for me and my wife Send to TSC on 2nd July and reach there on 5th july 7.00 a.m.
RN- Waiting
Check Cash - Waiting
RN- Waiting
Check Cash - Waiting
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mita
08-10 12:49 PM
My husband received CPO mail on 08/04, welcome mail on 08/05, soft LUD on 08/06 and approval notice sent mail on 08/09 but dated 08/08 in USCIS status. Hoping to have the GC in hand next week.
Anyone who has the same chain of events or received GC for CPO mail on 08/04 or later?
Anyone who has the same chain of events or received GC for CPO mail on 08/04 or later?
more...
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reddymjm
02-17 04:12 PM
Whats the total now?
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gcisadawg
01-31 04:38 PM
In my opinion most people who are on H1 n IT with american companies, either got in there via OPT- H1 or H1 transfer.
That is very true! In very very extreme cases, you would find American companies recruiting directly from India for IT jobs! That may be like, one in 1000!
That is very true! In very very extreme cases, you would find American companies recruiting directly from India for IT jobs! That may be like, one in 1000!
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vikramy
05-23 01:48 PM
Sent Emails to all including 2 AZ senators
rpulipati
09-27 03:04 PM
Venkat,
I and my wife transfer notice by mail. I have no idea, why I received them.
I read on the forums where people successfully called USCIS and got their Receipt Number with their name and DOB. However, they mentioned USCIS that they were waiting for more than 90 days to get level 2 IO support.
Thanks,
Hi All,
Quick question...we applied for NSC on aug 2nd..did not hear anything yet. Just wondering did all of u , whose cases got transfered to other centers get Transfer notices or directly receipt notices.
I am gettign tensed as the days are passing by.
venkat
I and my wife transfer notice by mail. I have no idea, why I received them.
I read on the forums where people successfully called USCIS and got their Receipt Number with their name and DOB. However, they mentioned USCIS that they were waiting for more than 90 days to get level 2 IO support.
Thanks,
Hi All,
Quick question...we applied for NSC on aug 2nd..did not hear anything yet. Just wondering did all of u , whose cases got transfered to other centers get Transfer notices or directly receipt notices.
I am gettign tensed as the days are passing by.
venkat
abhisam
07-15 12:42 AM
I have finally received my FP notice today for my I-485. My case was NSC-CSC-NSC. Never made any service request.
I have recently applied (paper based) for renewal of EAD and AP. Not sure if that triggered the FP notice.
I wish good luck to those who are still waiting for FP notice.
When did u apply for your ead? i am in the same boat and have filed for paper based EAD. hope to get my fp notice soon.
I have recently applied (paper based) for renewal of EAD and AP. Not sure if that triggered the FP notice.
I wish good luck to those who are still waiting for FP notice.
When did u apply for your ead? i am in the same boat and have filed for paper based EAD. hope to get my fp notice soon.
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