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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YesGC_NoGC
11-21 11:13 AM
Mehul,
We are sorry to hear this, May God bless you and your family help you come out of this as winner, Please try and do not lose hope, we all are praying for you.
Best Regards
Gurus,
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
We are sorry to hear this, May God bless you and your family help you come out of this as winner, Please try and do not lose hope, we all are praying for you.
Best Regards
Gurus,
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
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
2011 letras de amor
SleeplessinSeatle
11-21 09:08 AM
Mehul,
I wish you all the best. Miracles do happen and I know that many people have lived to tell the tales of cancer survival. Keep your spirits high.
I wish you all the best. Miracles do happen and I know that many people have lived to tell the tales of cancer survival. Keep your spirits high.
more...
BrazilianCitizen
06-07 01:26 AM
It is better to take your time and make sure everything is sound, then hurry and miss something.
Can you guys let me know whether your checks payable to "Department of Homeland Security" has been canceled? They received my application on June/4 but my check has not been cashed yet. I heard your priority date is the date they actually get your money. Is this true?
Can you guys let me know whether your checks payable to "Department of Homeland Security" has been canceled? They received my application on June/4 but my check has not been cashed yet. I heard your priority date is the date they actually get your money. Is this true?
rdehar
10-08 02:48 PM
This should be #1 priority of IV.
People have been waiting for their GCs since 2001, 2002 or 2003. My PD is 2004, and I absolutely want everyone with PD before me to get GC before me.
People who are opposing this idea are used to cutting lines -- most of them look like '06 and '07 wannabes ...
People have been waiting for their GCs since 2001, 2002 or 2003. My PD is 2004, and I absolutely want everyone with PD before me to get GC before me.
People who are opposing this idea are used to cutting lines -- most of them look like '06 and '07 wannabes ...
more...
reddymjm
06-07 06:43 PM
not sure how reliable this info is, take it with a fist full of salt...
on june first nse received abt 740 I485 applications.
I hope it is true. NSC is lazy man. They cannot process more than that a day. if not there will be a retrogression/backlog here in receipts too.:(
on june first nse received abt 740 I485 applications.
I hope it is true. NSC is lazy man. They cannot process more than that a day. if not there will be a retrogression/backlog here in receipts too.:(
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royus77
06-22 03:40 PM
its not just this employer, many f____ employers have same issue they dont want to file 485 and atleast they are trying to delay the process as much as possible. They are fearing that the employees on L visas will have an oppurtunity to switch company if they get their GCs sooner.
Its our fate
L visas are a real problem as Employer can send you back and replace you even after filing 485 .Sweat talk is the only option for them.H1s are some what better atleast they can move to a different employer
Its our fate
L visas are a real problem as Employer can send you back and replace you even after filing 485 .Sweat talk is the only option for them.H1s are some what better atleast they can move to a different employer
more...
justAnotherFile
07-02 09:31 AM
Type: Package
Status: In Transit - On Time
Scheduled Delivery: 07/02/2007
Shipped to: DALLAS, TX, US
Shipped or Billed on: 06/29/2007
Service Type: NEXT DAY AIR
still waiting...UPS has said it will be delivered before 10:30 AM EST if it is a business
Status: In Transit - On Time
Scheduled Delivery: 07/02/2007
Shipped to: DALLAS, TX, US
Shipped or Billed on: 06/29/2007
Service Type: NEXT DAY AIR
still waiting...UPS has said it will be delivered before 10:30 AM EST if it is a business
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gc_maine2
08-13 02:45 PM
LUD: Last updated Date.
What is LUD?
What is LUD?
more...
ramus
07-07 10:17 PM
Please mention how many members from family..
IF we get minimum 1000 then we can talk to core members.
I think we should have a poll for DC rally and it should be on IV home page so that every visitor know about it and poll.
IF we get minimum 1000 then we can talk to core members.
I think we should have a poll for DC rally and it should be on IV home page so that every visitor know about it and poll.
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mnkaushik
08-26 03:40 PM
OK Thanks. And any recent LUD on 485 and already approved EAD (such as 08/21/2010 as most of us got)? Just trying to derive some pattern here...
None on the 485 and we are really not tracking the EAD.
None on the 485 and we are really not tracking the EAD.
more...
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sodh
07-10 12:49 AM
Michael Moore reported about the poor conditions in which our veterans at Walter Reed hospital are treated in his famous movie Farienhiet 911 and after three years Walter Reed hospital caught the attention of the law makers, they don't treat thier own countrymen with respect and dignity even after serving the Nation honourably what can we expect from them when it took them three years to realise that the conditions are bad in Walter Reed.
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sracharla
08-27 12:25 PM
My attorney received my receipts as well as my wife's receipts...they sent me scanned receipts....PD Mar 2005...hand delivered to NSC on july 2nd...Received EAD 10 days ago...I-140 is from TSC...had a LUD on 5th august.....Receipts starts from SRC...it got transferred to TSC from NSC.. Received Date is July 2nd...Notice Date is August 14...
more...
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Rohan99
10-01 01:24 PM
July 3rd at 9:03 received by R.William--
I am still waiting...
Just checking to see how are others doing, If you have not received receipt number please let me know. If I am the only person left then I need to escalate this issue with my laywer..
Please respond, I know 10 days back there were few people still waiting
Any updates from....
i99
helpme1234
kingnaga
waitforgc123
I am still waiting...
Just checking to see how are others doing, If you have not received receipt number please let me know. If I am the only person left then I need to escalate this issue with my laywer..
Please respond, I know 10 days back there were few people still waiting
Any updates from....
i99
helpme1234
kingnaga
waitforgc123
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fundo14
05-30 10:26 AM
fundo...i am doing landing tomorrow
the application for PR says that enclosed photo is my photo or something like that...so i was wondering will they require photos.
I have used AP already and my I-94 states AOS
Hi Maag,
Yes! My I-94 says AOS. I am landing through rainbow bridge in Nigara somewhere later Next week.
Please share your experince once you complete your landng tomorrow.
It will help many of us who are in same boat.
what is your port of entry in canada?
Thanks!
the application for PR says that enclosed photo is my photo or something like that...so i was wondering will they require photos.
I have used AP already and my I-94 states AOS
Hi Maag,
Yes! My I-94 says AOS. I am landing through rainbow bridge in Nigara somewhere later Next week.
Please share your experince once you complete your landng tomorrow.
It will help many of us who are in same boat.
what is your port of entry in canada?
Thanks!
more...
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clubJWP
05-07 05:35 AM
iam planning to go to edmonton, alberta. what are the things that i should keep in mind before landing there, if anybody know share it with me
JWP
JWP
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tabletpc
12-18 04:45 PM
The ideas and concepts of releasing your unlimited potential can only be turned into reality if you take bold action now. Wishful thinking will not make your dreams come true. . If you want to be free your thinking must control your limitations instead of your limitations controlling your thinking. Look at your life for a moment! What do you see? Do you see opportunity, love, happiness, success and fulfillment? Or, have you mentally set up restrictive limitations? If so, the fact that you have declared yourself a prisoner will make you a prisoner. Once you make up your mind to be free and declare that you are �sick and tired of being sick and tired,� you will be motivated to make necessary moves toward liberation. The truth is, you will remain where you are only as long as you hold yourself prisoner. There are only �ordinary� people who have decided to do �great� things. These are people who are motivated by a burning desire to be free in order to express their unlimited potential. Instead of blaming others for their condition, they took action to change their situation.
Hope this helps someone somewhere...
Hope this helps someone somewhere...
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sprint2004
09-07 11:06 AM
Hello All,
Talked to my lawyer today about the checks; they have been encashed for myself and my spouse on 9/4. My RN starts with SRC.
My I-140 was approved from Texas and my AOS/485 was mailed on july 2nd and arrived on july 3rd to NSC.
Just a curious question for those you have already received their RN#. When checking the case status it displays "I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS "...will this message change when EAD has been approved and mailed?
Thanks and good luck to all.
Talked to my lawyer today about the checks; they have been encashed for myself and my spouse on 9/4. My RN starts with SRC.
My I-140 was approved from Texas and my AOS/485 was mailed on july 2nd and arrived on july 3rd to NSC.
Just a curious question for those you have already received their RN#. When checking the case status it displays "I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS "...will this message change when EAD has been approved and mailed?
Thanks and good luck to all.
sracharla
08-22 07:36 PM
Hi,
I got my EAD today...Even i received my EAD also...Mine is sent to NSC on july 2nd...I received EAD's from Texas Center...I think my application was transferred to Texas...I have approved I-140 from Texas...Are receipt numbers for EAD, 485, AP are in serial? I haven't received receipts yet...I filled G-28...my attorney did not receive my receipts...I don't know what is going on...
I got my EAD today...Even i received my EAD also...Mine is sent to NSC on july 2nd...I received EAD's from Texas Center...I think my application was transferred to Texas...I have approved I-140 from Texas...Are receipt numbers for EAD, 485, AP are in serial? I haven't received receipts yet...I filled G-28...my attorney did not receive my receipts...I don't know what is going on...
mallikonnet
07-19 10:09 PM
count on me $100 and let me know how and when to pay
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