Dude - think practically. If the billing rate that the company is going to get from the client is $70/hr and they keep only $5/hr then they have to give him $65/hr. If they have to keep him on the payroll, they will have to pay 7.45% in payroll tax, which is employer's portion of Social Security Tax and Medicare (reducing their rate from $70 to $65.1575). This means they will be making 15.75 cents/ hr (translates to $315 for a year assuming that you work for 2000 hrs - the remaining 80 hrs go in holidays - for which they may or may not pay). Even if they are outsourcing payroll, do you think that it will cost them less than $315 a year to pay him? even if it costs $0 - who would be willing to keep you on their payroll to make only $315 a year? Would you? and if you take unemployment insurance and liability insurance into account, the company would make a loss. If you owned a company would you follow this business model? If you are - you might as well just give your money for free to all your employees.
The only way you can get a company to keep $5/ hr and give you the rest is if you agree to a 1099 (and you cannot do that on a H1B - you need to use EAD for that). On a 1099 - there are other tax implications - now you have to pay both your share and the employer share of payroll tax (14.9%). And now since you are an independent consultant (which is what a 1099 is), you have to get your own Liability Insurance. To prevent people from suing you, you will need to form a LLC or some other type of corporation. You might want to get a good CPA to setup your company so that you can setup the right kind of company to benefit from the right tax deductions.
There is nothing wrong in making more money - just like you want more money, the corporations are out there to make money too. No one is in the business for charity. As long as the relationship between employee and employer is symbiotic, all is good. Once the equation changes, it is either time for the employee to say good bye to the employer or for the employer to off-load the employee from the corporate bus.
I have seen many posts in this forum complaining of "blood-sucking" employers and how they exploit employees. To me, that is the same as:
- programmer's guild complaining about us stealing their jobs or
- people losing their home and blaming the banks "for not disclosing terms"
- anyone who is blaming anyone else for their troubles
If you are being exploited, it is because you are willing to be exploited. Don't blame the employer. Blame yourself. If you don't want to pack your bags and go home when you lose a job and cannot get another one, don't blame the employer and tell others that they are "sucking your blood". Everyone is here to make money.
I understand what you meant..i forgot to mention in my post that if i expect the employer to keep 5/- only then i will take care of running payroll(means pay ADP to run payroll). I will pay employer to keep my h1b status.
I do understand there are expenses incurred on the employer side too.
Also i will work with the vendor on EAD but on W2. So no worries about liability insurance. But thanks for your informative post. I need strong information like you gave so that i dont take a wrong step..
The only way you can get a company to keep $5/ hr and give you the rest is if you agree to a 1099 (and you cannot do that on a H1B - you need to use EAD for that). On a 1099 - there are other tax implications - now you have to pay both your share and the employer share of payroll tax (14.9%). And now since you are an independent consultant (which is what a 1099 is), you have to get your own Liability Insurance. To prevent people from suing you, you will need to form a LLC or some other type of corporation. You might want to get a good CPA to setup your company so that you can setup the right kind of company to benefit from the right tax deductions.
There is nothing wrong in making more money - just like you want more money, the corporations are out there to make money too. No one is in the business for charity. As long as the relationship between employee and employer is symbiotic, all is good. Once the equation changes, it is either time for the employee to say good bye to the employer or for the employer to off-load the employee from the corporate bus.
I have seen many posts in this forum complaining of "blood-sucking" employers and how they exploit employees. To me, that is the same as:
- programmer's guild complaining about us stealing their jobs or
- people losing their home and blaming the banks "for not disclosing terms"
- anyone who is blaming anyone else for their troubles
If you are being exploited, it is because you are willing to be exploited. Don't blame the employer. Blame yourself. If you don't want to pack your bags and go home when you lose a job and cannot get another one, don't blame the employer and tell others that they are "sucking your blood". Everyone is here to make money.
I understand what you meant..i forgot to mention in my post that if i expect the employer to keep 5/- only then i will take care of running payroll(means pay ADP to run payroll). I will pay employer to keep my h1b status.
I do understand there are expenses incurred on the employer side too.
Also i will work with the vendor on EAD but on W2. So no worries about liability insurance. But thanks for your informative post. I need strong information like you gave so that i dont take a wrong step..
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Hi Guys please help me
Yesterday i got my receipt i check the status online the status is saying
Receipt Number: LINXXXXXXXX
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Fingerprint fee rejected and notice mailed; case in suspense.
On August 21, 2007, we rejected your fingerprint fee and mailed you instructions for how to submit the necessary payment. This case is now in suspense.
Please submit your payment with our notice as soon as possible after you receive our notice so we may resume processing of this case.
But USCIS cashed my checks i didn't know what went worng the total amount i paid is 325+70,170,180.
Did any guys get same kind of problem?
Dont panic... yet. On your I485 receipt notice, there's an amount mentioned. What's that amount? :cool:
LWPD
Yesterday i got my receipt i check the status online the status is saying
Receipt Number: LINXXXXXXXX
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Fingerprint fee rejected and notice mailed; case in suspense.
On August 21, 2007, we rejected your fingerprint fee and mailed you instructions for how to submit the necessary payment. This case is now in suspense.
Please submit your payment with our notice as soon as possible after you receive our notice so we may resume processing of this case.
But USCIS cashed my checks i didn't know what went worng the total amount i paid is 325+70,170,180.
Did any guys get same kind of problem?
Dont panic... yet. On your I485 receipt notice, there's an amount mentioned. What's that amount? :cool:
LWPD
I totally agree, you should first have an RFE in hand and the decide if it is urgent or a simple one which one can handle.......... if URGENT then do search threads to see what solutions are stated, if none match your criteria then you are welcome to post on a new thread.
Without RFE in hand, you will only get unrelated answers, instead of giving you solace it will worry you more. Like people might suggest, your old employer may have revoked your petition or you might have done something wrong in filing for AC21 (IF you have done that)............... so let it just come and then decide.
Since this was your first RFE , do not worry. I believe all of us pass through this stage of RFE , now it may be at any stage. I too got mine on 140, but gotaway with it.
Relax you will be fine.
Without RFE in hand, you will only get unrelated answers, instead of giving you solace it will worry you more. Like people might suggest, your old employer may have revoked your petition or you might have done something wrong in filing for AC21 (IF you have done that)............... so let it just come and then decide.
Since this was your first RFE , do not worry. I believe all of us pass through this stage of RFE , now it may be at any stage. I too got mine on 140, but gotaway with it.
Relax you will be fine.
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http://immigrationvoice.org/forum/showthread.php?t=14438
Here is my guess on who will be in Conference from Senate side.
Sen.Specter, Sen.Cornyn, Sen.Kyl, Sen.Sessions, Sen.Brownback, Sen.Graham, Sen.Grassley, Sen.Kennedy, Sen.Durbin, Sen.Feinstein, Sen.Leahy, Sen.Feingold
Sen.Specter, Sen.Cornyn, Sen.Kyl, Sen.Sessions, Sen.Brownback, Sen.Graham, Sen.Grassley, Sen.Kennedy, Sen.Durbin, Sen.Feinstein, Sen.Leahy, Sen.Feingold
- You are a dependent EAD holder
AND
- You will never need to travel outside US
AND
- Some one else takes care of renewing your EAD every year
AND
- Someone else pays the $340 + $200 (lawyer fees) to renew the EAD
AND
- The principal applicant is able to find job in "same or similar" if laid off so that I-485 is not jeopardized
AND
- You are never going to get laid off because if you are, then good luck, because there are lots of companies out there that explicitly require green card holders and citizens because they don't want to get into any type of immigration issues (illegal by law, so you can technically file lawsuit against them).
AND
- You will never need to travel outside US
AND
- Some one else takes care of renewing your EAD every year
AND
- Someone else pays the $340 + $200 (lawyer fees) to renew the EAD
AND
- The principal applicant is able to find job in "same or similar" if laid off so that I-485 is not jeopardized
AND
- You are never going to get laid off because if you are, then good luck, because there are lots of companies out there that explicitly require green card holders and citizens because they don't want to get into any type of immigration issues (illegal by law, so you can technically file lawsuit against them).
H1B Extension received Dt 02/20/2008. Based on this thread I have to wait another 4 to 5 months.:confused:
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Get in touch with your lawyer . Amendend H1 needs to be filed for new I-94.
I got it corrected recently.
I got it corrected recently.
BharatPremi/Swami-
Why hijack somebody's thread and flood it with posts requesting donations. Why not just start a new thread for this. Also, it is senior members who are indulging in this kind of activity.
Please donate that extra money meant for leisure to IV instead going to Bahama this year. You may help yourself doing this and that humble act may get your GC quick and thus enable you to enjoy cruises to Bahama every year without worrying about Visa validity and time lines.
Why hijack somebody's thread and flood it with posts requesting donations. Why not just start a new thread for this. Also, it is senior members who are indulging in this kind of activity.
Please donate that extra money meant for leisure to IV instead going to Bahama this year. You may help yourself doing this and that humble act may get your GC quick and thus enable you to enjoy cruises to Bahama every year without worrying about Visa validity and time lines.
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Responded to the article (wrote a letter to the editor criticizing the skew of the piece)
http://www.washingtontimes.com/contact-us/
Author was Charles Hurt with no direct email
http://www.washingtontimes.com/contact-us/
Author was Charles Hurt with no direct email
I concur with everyone in the thread. Its a hoax.
Look at the email address "usgreen-card.state.gov@portsmouth.usa.com"
US State Department doesn't send emails via ".com" domain
If it doesn't have ".gov" at the end of the email address, don't even bother to read the contents.
Look at the email address "usgreen-card.state.gov@portsmouth.usa.com"
US State Department doesn't send emails via ".com" domain
If it doesn't have ".gov" at the end of the email address, don't even bother to read the contents.
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I am primary applicant on our 485 application. Mine and my daughters case doesn't show any LUD. But my husband's status changed to case transferred to local USCIS office. He was on H4 for 6 years and have not used EAD yet. No gaps in Visas. no law violatiobns. Prerry Straight forward case. Recently we applied for Online EAD Renewal.
Any idea why his case might have got transferred ? What should we expect next?
I am really worried.
Any idea why his case might have got transferred ? What should we expect next?
I am really worried.
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http://imminfo.com/Newsletter/2009-3/2009-03.html
Please ignore if previously posted.
Good post, very helpful and informative, thanks for posting it! and thanks to Ron for writing the same!
Please ignore if previously posted.
Good post, very helpful and informative, thanks for posting it! and thanks to Ron for writing the same!
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tv25's H1 visa was denied. Not the spouse.
But the main issue is tv25's spouse H1 is denied and the reason is "misrepresentation".
But the main issue is tv25's spouse H1 is denied and the reason is "misrepresentation".
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Hello Gus
My understanding is that Sen Maj. Leader and Min leader pick senate
conferees. Similar with house. Democrats support the bill. Most of the
republicans oppose it. House and Senate Bill are different like day and
night. The bill has to pass because.
1. Enforcement and Boarder protection is highly needed and the house
really want it. If they need it they have to make some sacrifice accepting
guest workers program with slight modification etc. Otherway the CIR supporting conferees may not agree and bill dies leaving things same as now
which nobody wants.
2. Election is approaching. Most of the leaders in Rep party openly admitted
that Enforcement only bill will affect them adversly
3. Mr. Persident is a strongly supporting Guest Worker program.
4. If a enforcement only bill is pased thats going to affect the relationship
with Mexico.
I believe the House is against legal immigration too. Otherway some provisions might have survived in the budget bill. My biggest worry is that
if CIR supporters and Opposers (conferees) will be happy to remove legal immigration provisions in the in the reconcilation process and call it deal!
thanks
babu
My understanding is that Sen Maj. Leader and Min leader pick senate
conferees. Similar with house. Democrats support the bill. Most of the
republicans oppose it. House and Senate Bill are different like day and
night. The bill has to pass because.
1. Enforcement and Boarder protection is highly needed and the house
really want it. If they need it they have to make some sacrifice accepting
guest workers program with slight modification etc. Otherway the CIR supporting conferees may not agree and bill dies leaving things same as now
which nobody wants.
2. Election is approaching. Most of the leaders in Rep party openly admitted
that Enforcement only bill will affect them adversly
3. Mr. Persident is a strongly supporting Guest Worker program.
4. If a enforcement only bill is pased thats going to affect the relationship
with Mexico.
I believe the House is against legal immigration too. Otherway some provisions might have survived in the budget bill. My biggest worry is that
if CIR supporters and Opposers (conferees) will be happy to remove legal immigration provisions in the in the reconcilation process and call it deal!
thanks
babu
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NSC is following FIFO. As per , NSC is adjudicating June 15 EAD filers as of the moment. So approximately, it will take 90 days from RNs for us to receive our EAD. However, this doesn't take into account surge in July filings. So, my best guess is, 90 to 120 days!
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The issue is that my company lawyer said that there will be a need for a visa stamping done for the extension because of the Last action rule. The murthy forum reference is something I dug up via google.
Because the extension will be for a future date (March 1). Current visa stamp is till Feb 28, 2007. So if the officer gives a new I-94 with Feb 28, 2007 as the validity date, the attorneys claim that it will invalidate the approved extension due to a "Last Action Rule".
It is hard to trust these corporate lawyers.
I guess the USCIS letter also talks about change of status from F1 to H1 and not extension of an already valid H1 for 3 more years.
maybe safer to go with your lawyer on this one :-)
Because the extension will be for a future date (March 1). Current visa stamp is till Feb 28, 2007. So if the officer gives a new I-94 with Feb 28, 2007 as the validity date, the attorneys claim that it will invalidate the approved extension due to a "Last Action Rule".
It is hard to trust these corporate lawyers.
I guess the USCIS letter also talks about change of status from F1 to H1 and not extension of an already valid H1 for 3 more years.
maybe safer to go with your lawyer on this one :-)
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dvb - Which airport/office did you get this done at? Is there a link to look up? My firm has applied for I-94 extension but it is taking upwards of 6 months for approval so if this can be fixed via a trip to the CBP office I would like to try to do it. Thanks for your input.
Neo
Hi, Even though the dates says its taking 6 or more months, I got it with in a couple of weeks. Just for your information.
Neo
Hi, Even though the dates says its taking 6 or more months, I got it with in a couple of weeks. Just for your information.
Canada is a great country, I am sure there are plenty of good trash cans all around the country, surely they can hold a small litte I94.
Or how about getting your I 94 framed and selling it on ebay?
Relax..............have a great future in Canada...
Or how about getting your I 94 framed and selling it on ebay?
Relax..............have a great future in Canada...
We need experts advice in the following matter.
Here is my situation, I have entered US on H-4 and after sometime I have applied for H1(Change of status) through a consulting company. I have worked for this company for 3 months.
When I went for H1 stamping,visa officer said that my case need to go through Administrative processing . I came back on H-4.
We have applied for 485 (through my spouse) and got EAD and AP.I have started working on my EAD. Recently we have received a mail from the consulate saying my H1 was denied and there was a note saying
"section 212 (a) (6) (c) which prohibits unlawful misrepresentation. See form DSL-851 for further details . ". (Not sure what triggered this?). I couldn't find this form anywhere, what is this form?
We have sent an email to US consulate abroad, asking for reasons and future steps, and we have received a response saying
"your case has been fowarded to the USCIS for a final determination. As for your H-4 visa, a decision may not be taken until the USCIS makes a final determination in your case by the USCIS."
Can you advice us what to do next?
1. Will it be possible to withdraw the H1-B application from USCIS?
2. Approximately how long it may take to get a final decision?
3. Is it better to contact USCIS about the case?
4. Will there be any impact of this on my 485 application? or on any future immigration processes?
5. Will there be any problem while entering or leaving the country?
6. Does USCIS notify us about the final decision?
7. Is it better to seek help from Senator in this matter to know what is the decision on our case?
Please advice on this matter as we have travel plans next month.
Thanks in advance for your help.
Here is my situation, I have entered US on H-4 and after sometime I have applied for H1(Change of status) through a consulting company. I have worked for this company for 3 months.
When I went for H1 stamping,visa officer said that my case need to go through Administrative processing . I came back on H-4.
We have applied for 485 (through my spouse) and got EAD and AP.I have started working on my EAD. Recently we have received a mail from the consulate saying my H1 was denied and there was a note saying
"section 212 (a) (6) (c) which prohibits unlawful misrepresentation. See form DSL-851 for further details . ". (Not sure what triggered this?). I couldn't find this form anywhere, what is this form?
We have sent an email to US consulate abroad, asking for reasons and future steps, and we have received a response saying
"your case has been fowarded to the USCIS for a final determination. As for your H-4 visa, a decision may not be taken until the USCIS makes a final determination in your case by the USCIS."
Can you advice us what to do next?
1. Will it be possible to withdraw the H1-B application from USCIS?
2. Approximately how long it may take to get a final decision?
3. Is it better to contact USCIS about the case?
4. Will there be any impact of this on my 485 application? or on any future immigration processes?
5. Will there be any problem while entering or leaving the country?
6. Does USCIS notify us about the final decision?
7. Is it better to seek help from Senator in this matter to know what is the decision on our case?
Please advice on this matter as we have travel plans next month.
Thanks in advance for your help.
