Ramba
07-10 02:11 PM
Lot of discussion on self employment w.r to AC21. Here is my thought. To use AC21 w.r to self employment one need not open a company. One can even do simple business model (sole proprietorship) in line with the definition of self employment as per IRS. IRS or Labor department is the one defines the �self-employment� not USCIS. Having said that, one should have a legitimate business and paper work and contract to prove.
Let�s see a simple example. A restaurant applied an I-140 for a cook. This cook wants to use AC21. He need not open a new restaurant and employs himself as a cook. A cook may not afford to open a business. He may not even require registering a business. All he needs is obey the sole proprietorship /independent contractor definition as per IRS and pay all the taxes and do the business as per rule. In this business model, if he lined up few long term contract with two or three big hotels to provide cooking service, or even provide cooked food from his home, and making similar income as per I-140, that will be enough to claim AC21. All he needs is legitimate self employment as per IRS rule, and good paperwork to claim that, in case of RFE.
Independent Contractor (Self-Employed) or Employee? (http://www.irs.gov/businesses/small/article/0,,id=99921,00.html)
Let�s see a simple example. A restaurant applied an I-140 for a cook. This cook wants to use AC21. He need not open a new restaurant and employs himself as a cook. A cook may not afford to open a business. He may not even require registering a business. All he needs is obey the sole proprietorship /independent contractor definition as per IRS and pay all the taxes and do the business as per rule. In this business model, if he lined up few long term contract with two or three big hotels to provide cooking service, or even provide cooked food from his home, and making similar income as per I-140, that will be enough to claim AC21. All he needs is legitimate self employment as per IRS rule, and good paperwork to claim that, in case of RFE.
Independent Contractor (Self-Employed) or Employee? (http://www.irs.gov/businesses/small/article/0,,id=99921,00.html)
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anzerraja
07-19 07:16 PM
Can you take the job to give us an update on the total amount pledged so far, at certain points in between the thread , as it grows ?
Zoooom thanks for doing this. Anzerraja good work. You two work good as a team.
Twicetwice & Anzerraja, your generous pledge has inspired me to pledge $100 for now, more later.
We should merge all other threads dealing with this issue over here for convenience
Zoooom thanks for doing this. Anzerraja good work. You two work good as a team.
Twicetwice & Anzerraja, your generous pledge has inspired me to pledge $100 for now, more later.
We should merge all other threads dealing with this issue over here for convenience
manja
11-17 03:39 PM
Done for TX. Thanks!
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bostonqa
06-11 01:32 PM
How do you know that the visa numbers will indeed become "U", come October? Any numbers/sources to back up the claim?
I know some senior members previously indicated in these forums that there is a difference between a "U"-Unavailable and a retrogressed date of 2003 for example.
I dont know if the visa numbers will become "U".
I just asked 'what IF' they become "U".
do we still get our EAD and AP?
I know some senior members previously indicated in these forums that there is a difference between a "U"-Unavailable and a retrogressed date of 2003 for example.
I dont know if the visa numbers will become "U".
I just asked 'what IF' they become "U".
do we still get our EAD and AP?
more...
hpandey
07-21 09:07 PM
EAD Paper Filed TSC - 21st June
RD - 06/23/08
No LUD after that. Still waiting.
RD - 06/23/08
No LUD after that. Still waiting.
little_willy
01-30 12:40 PM
Just for replying to this query - I have got 40 or so negative reputations.:confused: I understand that this is Free Lawyer Conference call forum.
Please update your profile to reflect the correct dates. This will help IV to analyze the data and present our case to the lawmakers. We appreciate your support to IV.
Thanks.
Please update your profile to reflect the correct dates. This will help IV to analyze the data and present our case to the lawmakers. We appreciate your support to IV.
Thanks.
more...
cram
06-12 02:13 AM
I was under the impression that you cannot file before June 1st..
Fortunately, my PD became current on May 1
Fortunately, my PD became current on May 1
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shozee
12-31 12:22 PM
Im posting for first time
plaease pardon me if im in wrong thread .
Im july 5th filer .Filed I140 and I 485 conc .Opened SR for FP because didnt recieve it till NOV .In NSC_CSC_NSC.next day after opening SR i got Fp notice .Obvously nothin to do with SR .Got reply for SR after a month which says " Status I-485 USCIS is waiting boimetrics info to produce permanent residency card "
Any idea what would this statement mean ?
I_140 & 485 fild July 5th 2007
PD curent
plaease pardon me if im in wrong thread .
Im july 5th filer .Filed I140 and I 485 conc .Opened SR for FP because didnt recieve it till NOV .In NSC_CSC_NSC.next day after opening SR i got Fp notice .Obvously nothin to do with SR .Got reply for SR after a month which says " Status I-485 USCIS is waiting boimetrics info to produce permanent residency card "
Any idea what would this statement mean ?
I_140 & 485 fild July 5th 2007
PD curent
more...
LongWait2005
07-19 08:05 PM
It is really worthy contribution that one could make towards a great cause.....
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eb3_nepa
05-03 05:01 PM
Only if PD is current!!!
knnmbd,
If u can only file for AOS if PD is current then how does it work?
I thought that if u had an advanced degree u were exempt from the quota right? So then cant u just apply?
knnmbd,
If u can only file for AOS if PD is current then how does it work?
I thought that if u had an advanced degree u were exempt from the quota right? So then cant u just apply?
more...
ski_dude12
08-26 02:51 PM
You will see a date on I-485 only if you filed I-140 & I-485 concurrently. Even my I-485 does not have any priority date.
Do you have Pritority Date written on your I-485's notice of action? It's blank for me.
Do you have Pritority Date written on your I-485's notice of action? It's blank for me.
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aka
06-18 12:23 PM
I-140 already approved, I-485 details (same for both me and my wife):
Mailed to NSC on May 31st.
Received at NSC on June 1st (I think... never took tracking# from attorney).
Receipt Date - June 04
Notice date - June 07
Mailed to NSC on May 31st.
Received at NSC on June 1st (I think... never took tracking# from attorney).
Receipt Date - June 04
Notice date - June 07
more...
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manishcp
09-06 11:20 AM
I think our turn will start next week, Jul 3rd filer
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reddog
07-09 01:14 PM
well, the question then would be, has anyone been denied after presenting an EVL which states the employee is a consultant ?
more...
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MeraNaamJoker
08-26 09:29 AM
I was told by IO at info pass that my case was with an officer on Aug 05 , got CPO on 25
i had a SLUD on AUG 21 ,
Thanks
In most cases the next action after CPO mail was within 5-7 business days. So keep your fingers crossed for the welcome mail. Follow the postman for your card arrival.
For me it happend within a span 11 regular days from CPO mail. 5th day after CPO mail, I got welcome notice in the mail and then 6th day from there I got my cards in the mail.
By the way, the online status still stays and it is in post decision activity. That is 12 days after I received my physical cards.
i had a SLUD on AUG 21 ,
Thanks
In most cases the next action after CPO mail was within 5-7 business days. So keep your fingers crossed for the welcome mail. Follow the postman for your card arrival.
For me it happend within a span 11 regular days from CPO mail. 5th day after CPO mail, I got welcome notice in the mail and then 6th day from there I got my cards in the mail.
By the way, the online status still stays and it is in post decision activity. That is 12 days after I received my physical cards.
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Sachin_Stock
09-23 02:18 PM
Another basic information. I-140 needs to be approved on its own merit. Once it is approved, the dates would be ported. There's no such extra-scrutiny added related to "porting" exercise as such.
more...
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bugsbunny
05-03 12:46 PM
Hi, all:
I have a few questions regarding changing job, if anyone knows it , please reply to me. My current situation is:
(1). I-485 was sumitted on 07/2007 and it is still pending. EB3 category.
(2). EAD card valid until 10/2012.
(3). H1-B visa valid until 03/2012 through my current employer.
I find another job which similar to what I-140 describes. But this new employer is a job agency and unwilling to tranfer my H1-B visa. It wants me to work on my EAD card on 1099 form.
So, my questions are:
(1). Will it be problem if I work as independent contractor on 1099 form not W2 form?
i think you can do this on EAD but confirm with and immigration attorney
(2). Is there any problem to new my EAD card since I lost my H1-B visa?
you can work on EAD without H1B but you will be carrying more risk
(3). Do I need to inform INS about this job changing? If so, what docuements I need to submit?
Yes you should file AC 21 related forms and supporting documents. your new job should be in "same or similar" category as you GC job as defined by dept. of labor job codes and descriptions.
BTW its not INS anymore its USCIS
(4). What if my current employer revoke my I - 140, does that mean my GC will be denied? what should I do if I want to keep legal?
Make sure you obtain a copy of your approved I-140. If your current employer revokes it, USCIS might send you a RFE or NOID and you will need to respond with letter of employment from the new employer and submit supporting documentation that your I-140 was already approved and that your new job is similar to the old one.
Thanks.
Bruce
see answers inline
you can also ask your questions during the free weekly attorney calls we have on thursdays
I have a few questions regarding changing job, if anyone knows it , please reply to me. My current situation is:
(1). I-485 was sumitted on 07/2007 and it is still pending. EB3 category.
(2). EAD card valid until 10/2012.
(3). H1-B visa valid until 03/2012 through my current employer.
I find another job which similar to what I-140 describes. But this new employer is a job agency and unwilling to tranfer my H1-B visa. It wants me to work on my EAD card on 1099 form.
So, my questions are:
(1). Will it be problem if I work as independent contractor on 1099 form not W2 form?
i think you can do this on EAD but confirm with and immigration attorney
(2). Is there any problem to new my EAD card since I lost my H1-B visa?
you can work on EAD without H1B but you will be carrying more risk
(3). Do I need to inform INS about this job changing? If so, what docuements I need to submit?
Yes you should file AC 21 related forms and supporting documents. your new job should be in "same or similar" category as you GC job as defined by dept. of labor job codes and descriptions.
BTW its not INS anymore its USCIS
(4). What if my current employer revoke my I - 140, does that mean my GC will be denied? what should I do if I want to keep legal?
Make sure you obtain a copy of your approved I-140. If your current employer revokes it, USCIS might send you a RFE or NOID and you will need to respond with letter of employment from the new employer and submit supporting documentation that your I-140 was already approved and that your new job is similar to the old one.
Thanks.
Bruce
see answers inline
you can also ask your questions during the free weekly attorney calls we have on thursdays
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nk2006
02-11 11:39 AM
Sent the check for $25 to the address provided by Akhil in the first post.
Thanks for the effort.
Thanks for the effort.
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bijualex29
05-05 09:40 AM
Today I spoke to a Representative who deals with immigration issue at Sen Mike Dewine's (R-OH) office. I spoke to him for 15 minutes to understand what he and his senator think about this CIR.
Here is he and his senator feels about this bill. It is difficult for him to say that when CIR bill will be introduced in senate floor . It depend on Majority and Minority leaders to decide. Majority leader told to the media that he will introduce before the end of the may, he is mostly consistent, but there are several bills where he has committed a timeline and till today it is not on the floor.
However he told that once CIR pass, legal immigration is already taken care of, but if it does not passes there are bills like SKIL which will be put before the floor. But CIR has to fail or pass before you see this SKILL bill on the floor.
Here is he and his senator feels about this bill. It is difficult for him to say that when CIR bill will be introduced in senate floor . It depend on Majority and Minority leaders to decide. Majority leader told to the media that he will introduce before the end of the may, he is mostly consistent, but there are several bills where he has committed a timeline and till today it is not on the floor.
However he told that once CIR pass, legal immigration is already taken care of, but if it does not passes there are bills like SKIL which will be put before the floor. But CIR has to fail or pass before you see this SKILL bill on the floor.
dtekkedil
07-09 09:30 AM
I have read in a few places that we plan to send flowers on 11, and 12th also?
If that is the case then the document has to be updated to include those dates. Also, I suggest collecting emails and fax numbers and assigning a few people to do the actual "sending". This will make it easier to coordinate.
If that is the case then the document has to be updated to include those dates. Also, I suggest collecting emails and fax numbers and assigning a few people to do the actual "sending". This will make it easier to coordinate.
JazzByTheBay
09-15 12:18 AM
>>here are people working day and night for IVs cause - with a lot of >>dedication - there are free riders and majority of people are sitting on >>fence - want to do something but not quite sure what/how /why and are lost opening these threads and discussing.
...it does speak volumes about us when you acknowledge that:
- there are people sitting on the fence
- want to do something
- not quite sure what/how/why
- are lost opening threads and discussing
As the first anniversary of the D.C. rally approaches, let's reflect on this.
jazz
Opening threads and then burying them deep like any other thread does not help us.
Thousands of threads were opened like this and everyday we see new threads.
I strongly recommend
(1) Update your profile with true information
(2) Pledge with honesty
(3) Join a state chapter and make yourself visible and available to IV.
We can go from there
There is no other way to organize 70k or more people where everyone just open threads, discuss and then open new threads and discuss and ..... it goers on
I say this from experience - there are people working day and night for IVs cause - with a lot of dedication - there are free riders and majority of people are sitting on fence - want to do something but not quite sure what/how /why and are lost opening these threads and discussing.
Channelizing your frustration, your energies into positive energies will help us achieve our goals. So please decide if you want to move forward and do something about it - State chapters is the best route for contributing towards IV stuff
...it does speak volumes about us when you acknowledge that:
- there are people sitting on the fence
- want to do something
- not quite sure what/how/why
- are lost opening threads and discussing
As the first anniversary of the D.C. rally approaches, let's reflect on this.
jazz
Opening threads and then burying them deep like any other thread does not help us.
Thousands of threads were opened like this and everyday we see new threads.
I strongly recommend
(1) Update your profile with true information
(2) Pledge with honesty
(3) Join a state chapter and make yourself visible and available to IV.
We can go from there
There is no other way to organize 70k or more people where everyone just open threads, discuss and then open new threads and discuss and ..... it goers on
I say this from experience - there are people working day and night for IVs cause - with a lot of dedication - there are free riders and majority of people are sitting on fence - want to do something but not quite sure what/how /why and are lost opening these threads and discussing.
Channelizing your frustration, your energies into positive energies will help us achieve our goals. So please decide if you want to move forward and do something about it - State chapters is the best route for contributing towards IV stuff
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