Circus123
03-15 10:55 AM
That is my understanding as well...
What I understood from Ron's article:
They're not processing fast enough to exhaust visa numbers.
They want to minimize visa number wastage.
They may move dates significantly forward so that they can approve low-hanging fruits to approve as many as possible
Many people will have dates current, but few will get approved... it'll be luck of draw.
Dates will then return to retrogressed levels at the beginning of the next financial year.
However, overall visa number wastage should be much smaller than previous years as they have started moving the dates forward much sooner this time.Disclaimer: This is my interpretation of Ron's post. These are not my predictions.
Personally, I'm Pessimistic... being in India-EB3, that's not a state of mind... it's a lifestyle.
What I understood from Ron's article:
They're not processing fast enough to exhaust visa numbers.
They want to minimize visa number wastage.
They may move dates significantly forward so that they can approve low-hanging fruits to approve as many as possible
Many people will have dates current, but few will get approved... it'll be luck of draw.
Dates will then return to retrogressed levels at the beginning of the next financial year.
However, overall visa number wastage should be much smaller than previous years as they have started moving the dates forward much sooner this time.Disclaimer: This is my interpretation of Ron's post. These are not my predictions.
Personally, I'm Pessimistic... being in India-EB3, that's not a state of mind... it's a lifestyle.
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Napoleon
03-12 12:33 PM
http://immigrationvoice.org/forum/showthread.php?t=13349
Please do a search on this site, we have discussed this in couple of forums in great detail.
You will find all your answers there.
SUBJECT:
Start new LLC with wife's EAD and work on 1099/w2 to any company :
GETTING HARD TO GET IT JOB WITH H1Bs. Asking ONLY accept work on 1099/W2 with EAD/GC with Self Incorporated company LLC Certificate :
I have following questions on starting LLC on wife's EAD :
My 1-140 is approved and I-485 is pending (i140 and 485 both completed 180 days) and me and my wife both have EAD and AP. My current status is H1B with the current employer who filed for GC.
Q1: As current market crisis, lot of companies asking to work on 1099 or on their W2 basis.
(lot of IT jobs listed for only EAD/GC ....NO H1Bs like that...became hard to find IT job with H1B ).
For getting job purpose only, can I open LLC (100% owned by wife's name) on wife's name only and can I work for my wife's company through AC21 with my EAD (I'll ask my lawer to do all necessary paper works to meet my job role and job description are same kind and meets AC21 portability) .
Q2: Lot of new companies asking to show my self incorporated LLC certificate in which my name should be displayed in order to work for them via 1099/w2 basis.
In this case, what exactly I should do to work any company in US on 1099/w2 basis?
(Assume that I already opened LLC on my wife's EAD and 100% owned, and my name
is not listed in the company llc certificate).
Q3: In case if I joined my wife's company through AC21 under same job role/name that I'm doing ,
How can I work for other company on 1099/w2 basis?
How can I work for other company on Contract-to-contract basis?
As this is very critical step and helps lot of people, please help advise BEST possible options with step by step advise to avoid any other status changes and get smooth GC process run which is already in process.
Thanks appreciated.
Imind
Please do a search on this site, we have discussed this in couple of forums in great detail.
You will find all your answers there.
SUBJECT:
Start new LLC with wife's EAD and work on 1099/w2 to any company :
GETTING HARD TO GET IT JOB WITH H1Bs. Asking ONLY accept work on 1099/W2 with EAD/GC with Self Incorporated company LLC Certificate :
I have following questions on starting LLC on wife's EAD :
My 1-140 is approved and I-485 is pending (i140 and 485 both completed 180 days) and me and my wife both have EAD and AP. My current status is H1B with the current employer who filed for GC.
Q1: As current market crisis, lot of companies asking to work on 1099 or on their W2 basis.
(lot of IT jobs listed for only EAD/GC ....NO H1Bs like that...became hard to find IT job with H1B ).
For getting job purpose only, can I open LLC (100% owned by wife's name) on wife's name only and can I work for my wife's company through AC21 with my EAD (I'll ask my lawer to do all necessary paper works to meet my job role and job description are same kind and meets AC21 portability) .
Q2: Lot of new companies asking to show my self incorporated LLC certificate in which my name should be displayed in order to work for them via 1099/w2 basis.
In this case, what exactly I should do to work any company in US on 1099/w2 basis?
(Assume that I already opened LLC on my wife's EAD and 100% owned, and my name
is not listed in the company llc certificate).
Q3: In case if I joined my wife's company through AC21 under same job role/name that I'm doing ,
How can I work for other company on 1099/w2 basis?
How can I work for other company on Contract-to-contract basis?
As this is very critical step and helps lot of people, please help advise BEST possible options with step by step advise to avoid any other status changes and get smooth GC process run which is already in process.
Thanks appreciated.
Imind
sammyb
02-26 10:48 AM
Middle of 2009 we had issue (denial) with my wife's I485 and after MTR failed I contacted the local Senator's office ... it took around 6 months to finally turn the ball and revise USCIS's earlier decision of denying the application - it was a case where we followed the process and was penalized because of technical reason by USCIS ...
So at the end who ever you contact - this process takes time and again again the senator's office said they can only raise points with USCIS and ask them to review their prior decision - they can't say 'this looks fine pls approve ...'
hope this helps ....
Well, I just wanted to throw this out there, since I did not get any definite answer from any forums.
When in need for I-485 issues, who is better to contact - Congressman or Senator.
I just want to know the pros and cons of each and maybe this analysis will help others down the line.
Points to note are:
1. There are more congressman in a particular state than senators. There are only 2 senators in a state.
2. Senators are more powerful than congressman (not sure that this power applies for talking to USCIS or not)
3. Senators and congressman have different terms in office. Hence is it better to contact someone who is going to stay longer, or someone who is up for election soon and hence may help.
4. For a particular USCIS case, can we contact both congressman and senator at the same time. Is this good.
Can members throw some light on this based on their prior experience and based on their knowledge.
Thanks in advance.
So at the end who ever you contact - this process takes time and again again the senator's office said they can only raise points with USCIS and ask them to review their prior decision - they can't say 'this looks fine pls approve ...'
hope this helps ....
Well, I just wanted to throw this out there, since I did not get any definite answer from any forums.
When in need for I-485 issues, who is better to contact - Congressman or Senator.
I just want to know the pros and cons of each and maybe this analysis will help others down the line.
Points to note are:
1. There are more congressman in a particular state than senators. There are only 2 senators in a state.
2. Senators are more powerful than congressman (not sure that this power applies for talking to USCIS or not)
3. Senators and congressman have different terms in office. Hence is it better to contact someone who is going to stay longer, or someone who is up for election soon and hence may help.
4. For a particular USCIS case, can we contact both congressman and senator at the same time. Is this good.
Can members throw some light on this based on their prior experience and based on their knowledge.
Thanks in advance.
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neverbefore
10-02 01:12 AM
I know IV members maybe uniformly divided between republicans and democrats. I find republicans views better too with the exception of their views on guns (war and other points).
however my main complaint against republicans is that the hardcore amongst them (esp the talk radio) ..spread hate. (remember to the average american ...legals and illegals look alike !!! ..)
and I agree nothing wrong in biden's remarks ..whereas Palin is a very wrong choice (not that I care much )
I would not have chosen any different words. You've been reading my mind! :)
however my main complaint against republicans is that the hardcore amongst them (esp the talk radio) ..spread hate. (remember to the average american ...legals and illegals look alike !!! ..)
and I agree nothing wrong in biden's remarks ..whereas Palin is a very wrong choice (not that I care much )
I would not have chosen any different words. You've been reading my mind! :)
more...
Hong12
02-06 01:49 PM
Thank you very much for your help. I really appreciate it. I actually tried to fill out the Forms DS 156 and DS 157 and got totally lost. The following is my background. I worked at the company A in US as an Electrical Engineer until May, 08 (the end of my 6 year H1). Then, I went back to Malaysia and worked on my family business as a store manager and business owner, selling electrical appliances. My PERM is currently pending over one year now. Accordingly, I got an approval for 1 year and 2 months on my H1. I will now come back to work at company A in US, starting March 5, 09 (the same US company that I worked until May, 08).
I have questions that I am unsure about the Forms DS 156 and DS 157 as the followings:
Form DS 156
- Question 28 (who will pay for your trip): does the trip need to be paid by the US Employer? Can I pay it myself? My concern is I am not sure if I have to pay it myself because of my H1 Status. Pls advise.
- Question 20 (Name and Address of Present Employer or School): I think this should be my current company. In this case, please advise if this should be Company A that I will be start working in March or my family business in Malaysia.
- Question 21 (Present Occupation): should this be Electrical Engineer or Store Manager (Business Owner) for my family business? I actually worked as an Electrical Engineer for over 8 years. I only worked on my family business as a Store manager (Business Owner) for one year. Please advise which one I should put.
- Question 25 (Name and Telephone Numbers of Person in US Who You Will Be Staying With or Visiting for Tourism or Business): I will go back to work at Company A in US, and my brother lives in the same area that I will be working. So, I�ll be staying at my brother�s place. In this case, should this Item be the company A�s address or my brother�s address? Otherwise, should I put �None�?
- Question 29 (Have you ever been in US?):
For How long?: would this be (6 year � 2 months) since I spent 2 month vacation outside US during this past 6 year H1?
Enter Additional Visits to US here: I made 3 trips to Malaysia and 2 trips to Canada during this past 6 years of my H1B. I also made one trip to Canada during my F1 visa. In this case, I�m not sure if this should be the date I returned back to US from my trips to Malaysia and Canada. Should I mention only the trips during my 6 year H1 or mention all the trips, including the period of my F1 Visa?
DS 157
- Question 12 (Not Including Current Employer, List Your Last Two Employers): I worked at company B in US till Jan, 07 and then moved to Company A in US until May, 08 (the end of my 6 year H1). Then, I came back to work on my family business till now. I will go back to work at Company A again in March, 09. I am not sure if my present company is my family business in Malaysia. My future company is Company A that I will start working in March, 09. My two previous companies are Company A that I worked from Jan, 07 to May, 08 and also Company B that I worked before Jan, 07. In this case, should I put Company A (Jan, 07 to May, 08) and Company B (before Jan, 07) as the last two companies? Please advise.
Another issue is that I worked on my family business as a Store Manager (Business Owner) for almost one year. This is not engineering work. Would this cause me any problems for my visa application because I will go back to work with company A as an electrical engineer? Note that I still get work from company A from time to time, but I just did not get pay during this time that I stay in Malaysia. Please advise.
Please help�. I am totally confused and need to use these two forms for the visa interview. Thank you very much.
I have questions that I am unsure about the Forms DS 156 and DS 157 as the followings:
Form DS 156
- Question 28 (who will pay for your trip): does the trip need to be paid by the US Employer? Can I pay it myself? My concern is I am not sure if I have to pay it myself because of my H1 Status. Pls advise.
- Question 20 (Name and Address of Present Employer or School): I think this should be my current company. In this case, please advise if this should be Company A that I will be start working in March or my family business in Malaysia.
- Question 21 (Present Occupation): should this be Electrical Engineer or Store Manager (Business Owner) for my family business? I actually worked as an Electrical Engineer for over 8 years. I only worked on my family business as a Store manager (Business Owner) for one year. Please advise which one I should put.
- Question 25 (Name and Telephone Numbers of Person in US Who You Will Be Staying With or Visiting for Tourism or Business): I will go back to work at Company A in US, and my brother lives in the same area that I will be working. So, I�ll be staying at my brother�s place. In this case, should this Item be the company A�s address or my brother�s address? Otherwise, should I put �None�?
- Question 29 (Have you ever been in US?):
For How long?: would this be (6 year � 2 months) since I spent 2 month vacation outside US during this past 6 year H1?
Enter Additional Visits to US here: I made 3 trips to Malaysia and 2 trips to Canada during this past 6 years of my H1B. I also made one trip to Canada during my F1 visa. In this case, I�m not sure if this should be the date I returned back to US from my trips to Malaysia and Canada. Should I mention only the trips during my 6 year H1 or mention all the trips, including the period of my F1 Visa?
DS 157
- Question 12 (Not Including Current Employer, List Your Last Two Employers): I worked at company B in US till Jan, 07 and then moved to Company A in US until May, 08 (the end of my 6 year H1). Then, I came back to work on my family business till now. I will go back to work at Company A again in March, 09. I am not sure if my present company is my family business in Malaysia. My future company is Company A that I will start working in March, 09. My two previous companies are Company A that I worked from Jan, 07 to May, 08 and also Company B that I worked before Jan, 07. In this case, should I put Company A (Jan, 07 to May, 08) and Company B (before Jan, 07) as the last two companies? Please advise.
Another issue is that I worked on my family business as a Store Manager (Business Owner) for almost one year. This is not engineering work. Would this cause me any problems for my visa application because I will go back to work with company A as an electrical engineer? Note that I still get work from company A from time to time, but I just did not get pay during this time that I stay in Malaysia. Please advise.
Please help�. I am totally confused and need to use these two forms for the visa interview. Thank you very much.
Becks
03-16 10:16 AM
This is very good post. I have been waiting for this news where we enter when not working for GC sponsoring employer.
Thanks for sharing.
Thanks for sharing.
more...
pappu
12-18 09:55 AM
Hi
My wife need to travel to india urgently. Our visa/I94 expired in Oct. We already applied 485 and is pending.
1) Will there be any issue at airpot as I94 is expired.A xerox copy of 485 receipt is sufficient.
2) Does she need to travel any path in this case( I heard thru London is issue if visa is expired.France/Amsterdam Etcc..)
Thanks in advance.
Sree
Do you have EAD and AP?
My wife need to travel to india urgently. Our visa/I94 expired in Oct. We already applied 485 and is pending.
1) Will there be any issue at airpot as I94 is expired.A xerox copy of 485 receipt is sufficient.
2) Does she need to travel any path in this case( I heard thru London is issue if visa is expired.France/Amsterdam Etcc..)
Thanks in advance.
Sree
Do you have EAD and AP?
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telekinesis
09-06 04:02 PM
Thanks...again :P
I am never happy with my footer and still am not happy with it; I wish kirupa allowed music because transition effect like the ones in my footer went to a techno track but I took it out before I published it :*(, so I will most likely update it later today and a totally maxed out version on monday. By then I should have my intro done, ya know, for certain people to view a sneek peek message me on AIM.
I am never happy with my footer and still am not happy with it; I wish kirupa allowed music because transition effect like the ones in my footer went to a techno track but I took it out before I published it :*(, so I will most likely update it later today and a totally maxed out version on monday. By then I should have my intro done, ya know, for certain people to view a sneek peek message me on AIM.
more...
navyug
08-13 05:06 PM
My I-140 was approved 2 yrs back. I have more time on H1 like ..2 more yrs.
I'm planning to use my EAD or do H1 transfer. So far I have good relations with my employer.If I speak to my employer about my plans will he be able to hurt my case like thru I140 or any otherway?
After I switch jobs will I be able to go back to my old employer if I would want to .
Appreciate it if you can help me on this.
Thank you.
Even if your employer revokes (unlikely as he will have to bear legal expenses on an issue that he cannot win) your 140, it will have no effect. All you have to do is be ready with your new offer letter and maintain the labor wages in your new employment. In previous years desi companies used to reuse the labor by revoking the 140 once an employee quits. Now labor reuse also has been plugged by USCIS. You can peacefully go ahead and change your employment.
Any reason that you want to go back to your old employer? Why quit in the first place than...
I'm planning to use my EAD or do H1 transfer. So far I have good relations with my employer.If I speak to my employer about my plans will he be able to hurt my case like thru I140 or any otherway?
After I switch jobs will I be able to go back to my old employer if I would want to .
Appreciate it if you can help me on this.
Thank you.
Even if your employer revokes (unlikely as he will have to bear legal expenses on an issue that he cannot win) your 140, it will have no effect. All you have to do is be ready with your new offer letter and maintain the labor wages in your new employment. In previous years desi companies used to reuse the labor by revoking the 140 once an employee quits. Now labor reuse also has been plugged by USCIS. You can peacefully go ahead and change your employment.
Any reason that you want to go back to your old employer? Why quit in the first place than...
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fatjoe
10-23 10:53 AM
I found that EADs from NSC are being issued for filers until Aug13, as of now. I guess the processing time is like a week and half of the week, for every day. So you could be getting in 3 weeks.
more...
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07-09 09:23 AM
:D Looks like Axis of Evil Lou Dobbs - Jeff Sessions - Tom
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03-19 03:28 PM
Thank you for your quick response Attorney Ruben.
Is there a way to avoid this step or get PWD from some other source?
Is there a way to avoid this step or get PWD from some other source?
more...
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kaisersose
02-18 10:26 AM
This is how it works.
DOS will decide on a certain number ovisa to be released during a quarter. They will draw an estimate and set the cut-off to a certain date so that USCIS can request visa numbers.
As an example, let us say they decide to release 500 visa numbers for India EB2 the following month and set the cut off for that category to April 2004. USCIS will have a demand for thousands of visa numbers for EB2 India with PDs earlier than that date. DOS will release the 500 numbers and then they will push the date back to April 2002 or something to cut down supply till the next quarter. If there is demand for visa numbers even below this cut off date, they will reduce it further or change it to U.
We could have predicted the movement better if USCIS and DOS were one. But since they are not, it is almost impossible. Like how DOS shocked USCIS last year by unexpectedly setting all PDs to current. The other complication is since many EB3 are now changing over to EB2 with earlier PDs, forget DOS, even USCIS does not know how many EB2s it will have to process.
In short, continue to expect the same pattern of erratic movement.
DOS will decide on a certain number ovisa to be released during a quarter. They will draw an estimate and set the cut-off to a certain date so that USCIS can request visa numbers.
As an example, let us say they decide to release 500 visa numbers for India EB2 the following month and set the cut off for that category to April 2004. USCIS will have a demand for thousands of visa numbers for EB2 India with PDs earlier than that date. DOS will release the 500 numbers and then they will push the date back to April 2002 or something to cut down supply till the next quarter. If there is demand for visa numbers even below this cut off date, they will reduce it further or change it to U.
We could have predicted the movement better if USCIS and DOS were one. But since they are not, it is almost impossible. Like how DOS shocked USCIS last year by unexpectedly setting all PDs to current. The other complication is since many EB3 are now changing over to EB2 with earlier PDs, forget DOS, even USCIS does not know how many EB2s it will have to process.
In short, continue to expect the same pattern of erratic movement.
more...
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anuh1
03-11 09:16 AM
My PWD was also requested in first week of Feb but still waiting to get.
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transpass
09-12 10:08 AM
I got an RFE on I-485 for the incomplete medicals. The RFE says that a 'specific' test results are missing and they need that test results to complete my application. I went to the same doctor and the lady there said, I did take that 'specific' test last year when I had medicals, but doctor forgot to mention that results in I-693. She said she is going to fill out a new I-693 form with all the results including the missing one (from old results) and will give me that sealed cover. Will this be enough? or do I need to take that 'specific' tests now and send the results?
I am planning to send the results tomorrow overnite.
Also, my Immigration Office number is 009 with TSC. Anybody got any approvals from this IO?
If you don't mind sharing, what is the date on the RFE letter?
I am planning to send the results tomorrow overnite.
Also, my Immigration Office number is 009 with TSC. Anybody got any approvals from this IO?
If you don't mind sharing, what is the date on the RFE letter?
more...
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07-23 03:41 PM
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Rb_newsletter
02-23 03:22 PM
Ofcourse your intention was opposite to H1b's guidance. But in tax returns it is going to be mentioned as just 1099. Everyone who deposited money in savings account will receive a 1099 and will have to report it to IRS at the time of filing. I don't think USCIS is going to drill into this.
It also depends on the amount on 1099 form. If it is as big as your salary say 60K/80K then it may catch the attention of the people.
Hey I am not an attorney and above is just my opinion. You should definitely consult with an attorney.
It also depends on the amount on 1099 form. If it is as big as your salary say 60K/80K then it may catch the attention of the people.
Hey I am not an attorney and above is just my opinion. You should definitely consult with an attorney.
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sledge_hammer
07-03 02:38 PM
Anyone here that can answer my questions?
Thanks!
Thanks!
WaitingYaar
07-08 03:06 PM
And what are your filing details?
karthkc
03-20 12:04 PM
RoseBall,, here is my query..Please answer
I got RFE on 140 asking
all my expereince letter proir to 2002 ( I came US in 1999) and By the time I worked with two companys.
Now I got one company exp letter and other one closed and I couldn't able to get the letter. as per sources and attorney advice I am submitting coleague affidavit.
and also they asked me all w2's where I worked only few months in 2004 and w2 amount is not that great.
I am still fearing how do USCIS take in to consideration when they finalise the case.
Do you think all these are substantiate my case , or they may come with another RFE or denial..
Please advise me what I want to do, I haven't submitt my case yet.
Thanks
You should be okay on the exp letters, but it will be your 2004 W2 that may turn out to be an issue.
If you have been without pay from longer than 6 months in 2004, then you have a serious status issue and you will need to check with a good attorney to handle that..
My recommendation is to get a good immi attorney who has handled these kinds of cases before and have them do your paperwork....
I got RFE on 140 asking
all my expereince letter proir to 2002 ( I came US in 1999) and By the time I worked with two companys.
Now I got one company exp letter and other one closed and I couldn't able to get the letter. as per sources and attorney advice I am submitting coleague affidavit.
and also they asked me all w2's where I worked only few months in 2004 and w2 amount is not that great.
I am still fearing how do USCIS take in to consideration when they finalise the case.
Do you think all these are substantiate my case , or they may come with another RFE or denial..
Please advise me what I want to do, I haven't submitt my case yet.
Thanks
You should be okay on the exp letters, but it will be your 2004 W2 that may turn out to be an issue.
If you have been without pay from longer than 6 months in 2004, then you have a serious status issue and you will need to check with a good attorney to handle that..
My recommendation is to get a good immi attorney who has handled these kinds of cases before and have them do your paperwork....
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