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Hello All,

After being without job for almost 2 months, I am getting an offer for a short term project on 1099. Project is in my field and my job responsibilites are exactly same as what was approved on my labor. I am a Jul 07 filer.

Now, if in the next few months I get any Employement Verification RFE, what are my options? How can I answer the RFE while on 1099? What kind of documentation will I need? Has anyone successfully answered an EV RFE while on 1099?

OR

Is being on 1099 while on EAD a bad idea and I should stay away from it?

Related questions - I am not planning to file AC21 at this time as this is a short term contract and I don't want to 'notify' USCIS of any changes at this time. Can there be any potential issues of not filing for AC21 in such cases? My EAD will be up for renewal in Sept 2010 and I am hoping to be in a full time permanant position by then.

Thanks all for you replies!!!

- S

I got an email today from USCIS stating this
Current Status: Card production ordered.

I did not receive any other approval notice. I hope this means that our 485 is approved and the cards have been ordered ?

My PD Is May 2003

Congrats!

Welcome to the club!


____________________________
N-400 Oath Date on Aug 19th

Under the circumstances we might like to approach the Hon'ble President by posting a well drafted letter (not more than a page). Let us see what happens. All letters should be posted withing a specific pre-determined time frame (within one week, say from June 1 to June 7) to create an impact. We might like to achieve a target of say 250,000 letters. This cannot go unnoticed.

The law suit option is not bad but probably would need serious consideration. The suit will have more impact if we first send the letter. Atleast then we will have a point in our favour - that we have been driven to wall with no option but to fight legally.

As a starting point can some of us come up with some convincing drafts? We could eventually come up with a good final draft.

Obama was the only person who did make a mention of the problems faced the legal immigrant community during the campaign. We need to highlight this too.

Thanks and regards!

Saptaswara

Everyone need not send the same letter. Let everyone send the same message though. That Indian community is being targeted or that Indians are facing unjust immigration policies as compared to citizens of other countries, which is the truth anyway. I see your point, time is of essence. Send as many letters as soon as possible.

Hi,
I filed mine on 27th July, 2007;
Do I need to apply for renewal now? How sooner or later we can apply for renewal?

You can file for renewal beginning 120 days before your EAD/AP expires.

Got the receipts for 485 applied on July 2nd to NSC. NSC--> TSC transfer. Notice date of 8/23.

Congrats - Did u file on July 2nd?

I think we should go to USCIS/DOS office. But problem is we have to do this on weekdays and most of member won't be join on weekdays because of work.
If we do on weekend then we will get more response but then offices will be closed unless they working on weekend as they did last weekend.



There are a lot of people in DC like me. The permissions depend on which part of DC we want to rally.

Do we want to rally around the capitol meet congressmen and senators in the immigration sub committee?

Do we want to go to offices of USCIS and DOS and request to consider the first VB?

As some one has said, there has to be a poll on the home page and if we have to tip off media ahead.

Stop fighting / dividing EB2 EB3 groups. EB3 filer should be able to port PD under EB2 category if he/she qualifies and obtains additional education / experience / qualification.

FIFO policy will help everybody (EB!, EB2, EB3)and keep things in order. I don't think there is anything wrong asking IV to involve in this matter as it is for everybody's benefit and not just EB2-I.

Applied for EAD on June 08 2008
Got approval on July 21 2008
Got EAD on July 31 2008
Two year EAD with Expiry date of 10/02/2010 (My first EAD was expiring on 10/03/2008
Spouse got EAD one day before.

I-485 Category is EB3

Lawyers websites, and personal blogs are picking up on the "Flowers to USCIS" story. We need to make a big effort this evening, so more of the mainstream media is aware.

http://www.bibdaily.com/

Please check your message.

Is it possible for an administrative fix at the USCIS where the H-1B worker doesn't fall out of status immediately on losing his/her job? Or would such a provision require a law to be passed by the Congress?

A grace period of say 3 months to look for a job, or to pack up and leave, would relieve the pressure on the laid off H-1B worker and reduce incidents of system abuse.

If this can be done at the USCIS, perhaps we can write to the Obudsman and also to the USCIS director/associate directors. This is an important issue in this economy. I will be happy to draft a letter.

Good intention but this type of information by telling legislators actually hurts the cause. You want people to remain in USA but not complying with the visas.

Pre 9/11 when the economy was slowing down and there were layoffs; there was a memo from uscis that they would be lenient in transfer cases (give a period of a couple of months without paystubs). However; everything changed in 2002/2003 when INS went to 0 tolerance policy (ashcroft had a press conference saying this). That is when things started to change. The memo has since been rescinded (ie., zero tolerance policy).

They recaptured unused Visas once, somewhere in 1997 I'm not sure exactly when it happened, but that took care of the backlog then.
The main thing which we are struggling with are the 200K H1B between 1999 & 2001 and one more reason is 245i cases. In the year 2001 Clinton Administration gave Amnesty to Illegals, they were given opportunity to file their 485s with PD of April'2001...Now this is controversial, as I have even asked few lawyers about which categoy they fell in ? Some says 'EB-3' other says 'Other Workers' Category.
If it is EB-3 you know the answer why the dates haven't passed the big hump of 2001 in last 4 years...
Good discussion.
But even if it was 65000, from India, I'm sure most of them took a big slice, lets say 30%= 20,000 H1 visas. And did the 7% quota formula might have existed at that time too. If so, even then there must be quite a big line. Why were things current at any point, they must not be going by these numbers, and even assuming they did the processing without visa losses.

My infopass appointment was pretty quick. I guess it lasted for only 5 to 7 mins. I opened an SR in the month of September however I never received SR response letter from USCIS which they said they have sent me in the last week of October so I didn't have any SR letter to show him. I carried only receipts for 485,765 and 131 for myself and my wife. I asked IO that it's been more than 90 days since I received receipts for employment based 485 and haven't received FP yet. He asked me for Photo Id and receipts for myself and my wife. Then he asked whether I received work authorization (765) and travel document (131) or not. Then he entered our information (receipt no and confirmed my address as well as my attorney's address) and was searching something in his machine and said I will get my FP soon. I asked him is there any time line? He said within 3 weeks. That's it. He said they have received many applications in the month of July and Aug and that's why they are lagging. I guess this is it. I was out of USCIS office within 10 mins.



Parag,

COngrats!. Looks like yours is in TSC. Good to see someone from TSC getting it. It could very well have been a result of you taking the infopass appointment.

Could you tell us briefly what did you tell or ask IO during InfoPass appt. Did you also tell them that you had opened an SR and did you show them the SR response letter also.

Eager to hear a little detail about the conversation you had with IO during Infopass appointment.

already did that. Is calling the only thing at the moment? Why don't you let EB3 guys talk a little?

My friend suggested this forum. Looks to be very good site and seems to be active. I am EB# from India.
Can you tell me why EB3 is lagging so much

Why don't posters on this forum move back to their home country and concentrate on making their home country great instead of slamming into someone else's country and just living off the wealth others have created?

The bottom line is that a SKIL act is not needed. Hundreds of thousands of American programmers have lost their job to the third world, both in outsourcing and insourcing of third world programmers who work for cheaper wages. There is absolutely no need for more foreigners here and no need for more green cards. Temporary workers are just that - temporary. If you are on a temporary visa, work your time, make some money for your family and head home when your time is up. Don't cry that we don't provide enough green cards when you knew what kind of visa you were on.


This guys ignorance is clear and not based in the reality of the world today. He and his kind think by keeping those like us out, they can influence the demand supply dynamics of the labour market, indeed shallow, hillbilly economics.
That would perhaps have been true 25 yrs ago when capital was relatively locked in.
The reality now is Capital is freely mobile even if skills are not (and that too is open to debate due to the Internet) and from the looks of the trade deficits, thats one battle america is losing. If the capital flows start reversing due to such things as immigration policies, they ought to prepare for a plummetting dollar, high interest rates, mega inflation, and shortages in commodities. That will make the movie Apocalypto seem like a gentle transition.
His kind do not realise that skilled immigrants are not a threat, they are anchors of capital/investment to this country so that their kind can continue to enjoy their current lifestyle.
Fortunately for this great land his ignorant/xenophobic kind are a vocal but ignored minority, the last election demonstrated this. Pity that the republican party which at its core has good policies, is infested by this group.

I am very new to this forum and have been spending some time here just over the past few weeks. I am trying to learn the ropes of this EB green card system. As someone pointed, I belong to those on the "fence" not knowing what or how to be effective with my time and money in these efforts. I like this thread and I think I want to begin my involvement through this effort.

My opinion is that we don't need a 1000 people to contribute to reach $100000 for the effort. Those who are willing to give $100 would not, I think, hesitate to give another $100 or even more to speed up the process. I for one will contribute $200 and if necessary more for this effort.

Yes, great to see fellow determined souls here so far

Goal is to get atleast 1000 to start with.

First step is to collect details ( Name, E-mail and Ph No# )

Please send them MAN-WOMAN-GC ASAP . He has gracefully offered to maintain a spreadhseet.

Once we reach the number of resources, we will have conference calls, meet in person whoever can, arrange for money, decide on lawyers ( which MadhuVJ has some very good suggestions ) and move on from there

We are doing it brothers and sisters.

Send 1 for me and 1 for my wife.

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..

You wouldn't have felt that way if you were EB-3 India sittinig for last 8 years, reading Visa Bulletins every months, just to find it still in Oct'2001...And if you ask USCIS what's going on they ask you 5K.

I don't think you can tell if I had felt that way, the same way I cannot tell how you feel, but I understand your pain to some extent - I have been waiting for 2 years and probably have to wait a few more. All I am saying is that the country cap policy is not a form of discrimination.:)

Any solid prediction on EB-3 I

I think EB-3 I are hopless. Looks like everybody excited in EB-2 Jump and we are left to suffer ..:(

By August 2009 buletin, EB3-I will settle between 2005 Jan-May.

Is there any way of knowing how much each user has contributed? (I am not interested in knowing about others ) but would be nice to know atleast for myself how much I contributed.

Thanks