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
wallpaper Singers Patti LaBelle, left,
GCStatus
09-17 03:09 PM
I don't think we are wasting energy/time by identifying gaps and answering questions to folks who want to know more about what exactly are we talking about here. Moving on and gaining more and more support etc., all these things need to be done in parallel.
Wanting to know more and talking trash/dumb - 2 different things.
Yes we are here to clarify for the former. For the later, is what my original comment was.
Also like i mentioned before, did we do some analysis on the links MadhuVJ sent few days ago?. I will be calling few lawyers today and keep you all posted
Wanting to know more and talking trash/dumb - 2 different things.
Yes we are here to clarify for the former. For the later, is what my original comment was.
Also like i mentioned before, did we do some analysis on the links MadhuVJ sent few days ago?. I will be calling few lawyers today and keep you all posted
fetch_gc
09-27 09:23 AM
Still waiting for receipts for all 6 of them.
Please see signature for more details.
Please see signature for more details.
2011 left, Patti LaBelle and
tonyHK12
02-19 01:33 PM
Your transaction ID for this payment is: 3MV80945BW982313X.
Thank you.
Members please reach out to other organizations, lawyers and your company to support us in this cause. I am in touch with a lawyer and will post it here, if they agree to support us.
This is an individual effort needed from everyone. More so if you are not participating in any way.
Thank you.
Members please reach out to other organizations, lawyers and your company to support us in this cause. I am in touch with a lawyer and will post it here, if they agree to support us.
This is an individual effort needed from everyone. More so if you are not participating in any way.
more...
gc4me
04-23 02:50 PM
This guy is a deshi employer. He is on H1 so he is a silent partner & that why scratching his head.
There are attorneys who will charge only after recovering money. The stupid employer can be sued for lost wages along with civil penalties from which the attorney's fee will be paid.
I just read first page of this thread and would advice that don't follow most of reply because they are lawyers or they have not gone through the experience you are going through. $4000 may not be big amount compared to hassle of law suite , piece of mind or the amount of increase you may have received by switching employer. I know a close person who had gone through exactly same situation in NJ and had to pay 12,000 to settle the case. I have seen bunch of people in same situation and my friend always adviced them to stay away from law suite. If your current employer is not big then there are greater chances that it will turn away from you in case of law suite.
If you are not working with same client that you were working when you were in company A then non-compete may not hold against you.
Also can you get in writing from you current employer that they will support you in case of law suite?
There are attorneys who will charge only after recovering money. The stupid employer can be sued for lost wages along with civil penalties from which the attorney's fee will be paid.
I just read first page of this thread and would advice that don't follow most of reply because they are lawyers or they have not gone through the experience you are going through. $4000 may not be big amount compared to hassle of law suite , piece of mind or the amount of increase you may have received by switching employer. I know a close person who had gone through exactly same situation in NJ and had to pay 12,000 to settle the case. I have seen bunch of people in same situation and my friend always adviced them to stay away from law suite. If your current employer is not big then there are greater chances that it will turn away from you in case of law suite.
If you are not working with same client that you were working when you were in company A then non-compete may not hold against you.
Also can you get in writing from you current employer that they will support you in case of law suite?
shantak
05-25 07:25 PM
Sent the email to 10+ 2 senators as mentioned
Thanks
Thanks
more...
ThinkTwice
07-19 07:00 PM
UDAMAN!
count me in also ....
count me in also ....
2010 wallpaper Patti LaBelle
makemygc
08-01 01:10 PM
Wait till next week-end. My 140 mailed to NSC on 11th April (why?? not sure) and received RN from texas. ND was dated 19th April. RD was 13th April.
Now # of applications are more so it can take more time but your RD will be maintained.
Hope this helps...
Thanks for the info...that helps. But the issue is they changed something last month (I need to search on that) and according to which 485 will be processed in two places NSC or TSC based on their I140 approval. As you know they keep changing the rule every month, it really hard to track all of these things.
Now # of applications are more so it can take more time but your RD will be maintained.
Hope this helps...
Thanks for the info...that helps. But the issue is they changed something last month (I need to search on that) and according to which 485 will be processed in two places NSC or TSC based on their I140 approval. As you know they keep changing the rule every month, it really hard to track all of these things.
more...
guru76
02-05 02:40 PM
Contributed $50.
hair Pictures from Surprise Oprah
akhilmahajan
04-08 12:12 PM
I did my landing this weekend.
Every thing went smooth both on US and Canadian side.
I was not asked any questions.
Just wanted to let everyone know.
Every thing went smooth both on US and Canadian side.
I was not asked any questions.
Just wanted to let everyone know.
more...
blackberry
08-26 06:25 PM
Saralayar,
Please add a poll to this thread to track number of application mailed per week to USCIS eg Week of July 17th, Week of July 23, Week of July 30,Week of August 6 & Week of August 13th.
Hopefully this will help us understand the load.
--BB
I am starting this thread , as there is a thread for July 2nd filers only. This thread can be used for information on receipt number etc., for the I 485 filers who filed between July 17 - Aug 17th.
Please add a poll to this thread to track number of application mailed per week to USCIS eg Week of July 17th, Week of July 23, Week of July 30,Week of August 6 & Week of August 13th.
Hopefully this will help us understand the load.
--BB
I am starting this thread , as there is a thread for July 2nd filers only. This thread can be used for information on receipt number etc., for the I 485 filers who filed between July 17 - Aug 17th.
hot from left, Patti LaBelle,
sgupta33
11-07 11:30 AM
Hello All,
I am in the same situation in that I too have not received my FP notice as yet. Filed July 23rd at TSC. The application was transferred to CSC and then back to TSC. I opened a SR on October 5th and still have not received a FP notice. When I called to follow up, I've was told that the TSC is significantly delayed because of the volume of applications they received and to wait 90 days!
For those of you who have used infopass, was it helpful in getting your FP scheduled?
Also, can the person who wrote to the obudsman post the e-mail address and format of what he/she wrote? This would make it easier for those of us who would also like to send an e-mail.
Thanks.
I am in the same situation in that I too have not received my FP notice as yet. Filed July 23rd at TSC. The application was transferred to CSC and then back to TSC. I opened a SR on October 5th and still have not received a FP notice. When I called to follow up, I've was told that the TSC is significantly delayed because of the volume of applications they received and to wait 90 days!
For those of you who have used infopass, was it helpful in getting your FP scheduled?
Also, can the person who wrote to the obudsman post the e-mail address and format of what he/she wrote? This would make it easier for those of us who would also like to send an e-mail.
Thanks.
more...
house from left, Patti LaBelle,
apt29
01-30 01:14 PM
Might have something to do with completely incorrect coment you left regarding 1 yr validity of h1 and all.. it's so not true that probably angered a few members with low BS tolerence
I guess this statement is true.
for example: If there is H1 to H4 conversion on 11/01/07. Last used date of H1 is 11/01/07 and H1 will expire on 11/01/08 since it is unused for an year.
Another example: If H1 is approved on 10/01/07 and not used till 11/01/08. H1 will expire on 11/01/08 since it is unused for an year.
I guess this statement is true.
for example: If there is H1 to H4 conversion on 11/01/07. Last used date of H1 is 11/01/07 and H1 will expire on 11/01/08 since it is unused for an year.
Another example: If H1 is approved on 10/01/07 and not used till 11/01/08. H1 will expire on 11/01/08 since it is unused for an year.
tattoo are inspired by Oprah.
phigi
02-14 10:37 AM
$50 Transaction ID #91W14461V8508110F)
more...
pictures Patti Labelle, Madonna,
qasleuth
02-12 06:57 PM
d
dresses Singer Patti LaBelle, right,
desi3933
07-09 02:38 PM
.....
Set up a LLC company or sole proprietorship and work with an attorney. Keep the paperwork tight and upto date.
....
Setting up company is just the first step for Self-Employment. The key things is to demonstrate that new job is in same/similar classification and company has offered "bonafide" job, not just job on paper.
BTW, it is not necessary to have LLC. The corporate structure could be S-Corp or C-Corp also.
__________________
Not a legal advice.
Set up a LLC company or sole proprietorship and work with an attorney. Keep the paperwork tight and upto date.
....
Setting up company is just the first step for Self-Employment. The key things is to demonstrate that new job is in same/similar classification and company has offered "bonafide" job, not just job on paper.
BTW, it is not necessary to have LLC. The corporate structure could be S-Corp or C-Corp also.
__________________
Not a legal advice.
more...
makeup Patti LaBelle Sings to Frank Sinatra on his 80th birthday
vinnysuru
04-18 07:28 PM
Hi All,
I have to do the landing before june, 2008.
I have already used AP to enter US after my last trip to India. So IO at POE canada will know that I have pending 485. don't know how to handle this situation.
I am planning to do the landing in last week of may via Niagra falls. (toronto)
anyone with similar status done landing please share your experience.
Thanks
Yep, me too. Landing memorial day weekend via Niagara/ Buffalo!:D
I have to do the landing before june, 2008.
I have already used AP to enter US after my last trip to India. So IO at POE canada will know that I have pending 485. don't know how to handle this situation.
I am planning to do the landing in last week of may via Niagra falls. (toronto)
anyone with similar status done landing please share your experience.
Thanks
Yep, me too. Landing memorial day weekend via Niagara/ Buffalo!:D
girlfriend Image: Oprah Winfrey
GC_Applicant
07-20 03:21 PM
Anzeeraja,
Thanks for the initiative. I like the poll idea.
Let the thread continue until Monday evening. Meanwhile let us add a poll asking the members in this thread to vote and then decide on Monday evening. Meanwhile the drive will continue.
Options might be
I donated towards reimbursement and that is where i would like to see it going. If not i will withdraw my pledge.
I don't care and will stand by the pledge.
Whichever thought prevails as the most valued opinion , we will go with that. Any thoughts ???
Thanks for the initiative. I like the poll idea.
Let the thread continue until Monday evening. Meanwhile let us add a poll asking the members in this thread to vote and then decide on Monday evening. Meanwhile the drive will continue.
Options might be
I donated towards reimbursement and that is where i would like to see it going. If not i will withdraw my pledge.
I don't care and will stand by the pledge.
Whichever thought prevails as the most valued opinion , we will go with that. Any thoughts ???
hairstyles Patti LaBelle#39;s macaroni
h1techSlave
03-08 08:06 PM
I agree with gc28262's comments.
Administrator2,
During your conversation with mirage, did you explain to him why it would hurt our cause ? From our discussion in the group, it didn't seem he was aware why IV core was against it.
I think the threat of "ban" is out of place for mirage. Even if you ban his user id, he can pursue with his agenda irrespective of whether he is banned or not. IV core should educate mirage and other focus group leaders than threatening to ban them.
There have been so many divisive threads on this forum. IV admins never thought of banning such members.
He is a genuine member maybe not knowledgeable as IV core. Thats all.
Administrator2,
During your conversation with mirage, did you explain to him why it would hurt our cause ? From our discussion in the group, it didn't seem he was aware why IV core was against it.
I think the threat of "ban" is out of place for mirage. Even if you ban his user id, he can pursue with his agenda irrespective of whether he is banned or not. IV core should educate mirage and other focus group leaders than threatening to ban them.
There have been so many divisive threads on this forum. IV admins never thought of banning such members.
He is a genuine member maybe not knowledgeable as IV core. Thats all.
sam2006
07-20 10:53 AM
Sam2006
I think you didn't notice my message.
Looks like you haven't filled in your pledge amount. Could you do please ?
Thanks
Anzer
but i had already paid 100 yesterday
is there any way to divert the funds i paid yesterday to this funding drive ?
I think you didn't notice my message.
Looks like you haven't filled in your pledge amount. Could you do please ?
Thanks
Anzer
but i had already paid 100 yesterday
is there any way to divert the funds i paid yesterday to this funding drive ?
rtarar
02-05 08:01 AM
Called the service center.Muiltiple times.Opened SR twice still no FP yet.
Mine is a NSC->TSC case.
I will try calling them again today.
what else :-(
Mine is a NSC->TSC case.
I will try calling them again today.
what else :-(
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