Nagireddi
09-16 09:53 AM
Dear friends,
Unfortunately, I am not able to attend the rally. I have just found out that my cheques have been cashed. I am contributing another $100 once again.Google Order #373309135239869
My sincere prayers to the god that our rally will be a huge success.Good luck for all of us.Keep sending us the photos,videos as the events are happening.
I LOVE IV.:)
Applied 140/485 concurrent on 8/6/07 to NSC-EB2
Unfortunately, I am not able to attend the rally. I have just found out that my cheques have been cashed. I am contributing another $100 once again.Google Order #373309135239869
My sincere prayers to the god that our rally will be a huge success.Good luck for all of us.Keep sending us the photos,videos as the events are happening.
I LOVE IV.:)
Applied 140/485 concurrent on 8/6/07 to NSC-EB2
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nixstor
07-11 11:53 AM
In my opinion, the most likely reason why EB2 India dates have been advanced to June 2006 is to help consular posts. CP filers can get their interviews now.
IMO, This along with the max utilization of ideal 100% is what DOS got at by moving EB2 to 06/01/2006.
It appears like DOS wants to get each and every visa number allocated and given how USCIS have their files across the country, moving it well beyond gives USCIS a chance to pick the files that are handy.
In other words, Some on with Jan 06 PD can get out if their file is handy. Some one with Jan 04 (there are still who dont have a GC with 03 and 034 PD's) might still be waiting come dec 08., if their file is rotting some where.
IMO, OCT bulletin will start EB-2 India some where around APR 04.
IMO, This along with the max utilization of ideal 100% is what DOS got at by moving EB2 to 06/01/2006.
It appears like DOS wants to get each and every visa number allocated and given how USCIS have their files across the country, moving it well beyond gives USCIS a chance to pick the files that are handy.
In other words, Some on with Jan 06 PD can get out if their file is handy. Some one with Jan 04 (there are still who dont have a GC with 03 and 034 PD's) might still be waiting come dec 08., if their file is rotting some where.
IMO, OCT bulletin will start EB-2 India some where around APR 04.
indio0617
03-09 10:08 AM
another senator suggesting: institute a training fee for nurses like the H-1b training fee...
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iak1973
09-07 10:54 AM
Hi;
Landed in 2006;
Changed my company in 2007 to company B
Filed my Labor in Sept 2007;
Filed my I-140 in sometime in July cleared
Waiting for dates.
Arun
Landed in 2006;
Changed my company in 2007 to company B
Filed my Labor in Sept 2007;
Filed my I-140 in sometime in July cleared
Waiting for dates.
Arun
more...
vaccine
09-11 09:13 AM
Count me in for $ 100 and I am coming to rally as well. See you all in DC
caydee
06-02 01:42 PM
Hi my son is going to turn 21 on June 6th, we had applied for EB3 labor certificate on in July and the priority date is july 19, 2005. The I-140 was applied and approved in a month, therefore he will turn 21 next month on the 6th because the subtraction of one month from his age due to delay by USCIS in processing the I-140. My question is that is there any sort of help for EB retrogression for the children affected, and may get aged-out. As well as any other way that my son can apply for his I-485.
Thanks
None of the bills being considered currently benefit children of would-be legal immigrants, while the children of illegal immigrants are protected by the proposed DREAM ACT. Please write to senators and house representatives highlighting the "age-out" problem.
Appreciate your contribution to IV.
Thanks
None of the bills being considered currently benefit children of would-be legal immigrants, while the children of illegal immigrants are protected by the proposed DREAM ACT. Please write to senators and house representatives highlighting the "age-out" problem.
Appreciate your contribution to IV.
more...
gc_dedo
04-30 03:56 PM
wow they have run out of questions.
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vik352
09-11 04:17 PM
This sounds like a great idea. It conveys our message and is funny which is why it will be picked up by media, that is exactly what we need. I am in.
more...
ak_2006
05-15 09:48 AM
Any ways...Good Luck for you and your case is really useful for many of us. Thanks for sharing updates.
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shukla77
06-11 10:44 AM
You must be CEO, CFO or something like that... very impressive..
If it makes any difference I am making ~400K a yr from my job and other investments...
If it makes any difference I am making ~400K a yr from my job and other investments...
more...
cbpds
08-23 11:44 AM
dude,
Memo always supercedes the current definition although it shoudnt as in the case of the h1 neufield memo, so you may not be right
Definition of EB-2 Advanced Degree:
------------------------------------------
Documentation, such as an official academic record showing that you have a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that you have a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that you have at least 5 years of progressive post-baccalaureate work experience in the specialty.
Source: USCIS - Employment-Based Immigration: Second Preference EB-2 (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60a RCRD)
Memo always supercedes the current definition although it shoudnt as in the case of the h1 neufield memo, so you may not be right
Definition of EB-2 Advanced Degree:
------------------------------------------
Documentation, such as an official academic record showing that you have a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that you have a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that you have at least 5 years of progressive post-baccalaureate work experience in the specialty.
Source: USCIS - Employment-Based Immigration: Second Preference EB-2 (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60a RCRD)
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santb1975
06-05 10:41 AM
I will update our numbers tonight
more...
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nk2006
10-28 12:52 PM
In addition to writing Ombudsman, it has been decided to intensify this campaign and write to higher ups at the USCIS. A few new actions items have been identified and posted at: http://immigrationvoice.org/forum/showthread.php?t=22182
Note that this campaign has active support by core members and the strategy of writing these letters has been decided after a lot of discussions. But to achieve positive results and changes at USCIS we need to send these letters in big numbers. Please participate in that campaign and send those 4 letters as soon as you can. Thanks.
Note that this campaign has active support by core members and the strategy of writing these letters has been decided after a lot of discussions. But to achieve positive results and changes at USCIS we need to send these letters in big numbers. Please participate in that campaign and send those 4 letters as soon as you can. Thanks.
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Jaime
09-12 04:37 PM
Bump
more...
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maverick_joe
04-30 01:40 PM
this would be interesting to hear to! thanks for sharing!
TOP USCIS AND DOS OFFICIALS TO TESTIFY IN HOUSE HEARING ON WASTED VISA NUMBERS AND BACKLOGS
http://blogs.ilw.com/gregsiskind/2008/04/top-uscis-and-d.html
http://judiciary.house.gov/oversight.aspx?ID=435
TOP USCIS AND DOS OFFICIALS TO TESTIFY IN HOUSE HEARING ON WASTED VISA NUMBERS AND BACKLOGS
http://blogs.ilw.com/gregsiskind/2008/04/top-uscis-and-d.html
http://judiciary.house.gov/oversight.aspx?ID=435
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EndRetro
03-08 01:42 PM
Thanks for the real time updates. Please keep on doing it...
more...
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makemygc
09-14 06:57 PM
For all those who have sent PM.... Please note I am not an attorney or accountant... But then I had consulted my account and few attorney's ( paid the required fees to get them answered)... So please use your own judgement/caution.
1. Yes you can open a LLC singly or jointly with your wife/friend/anyone.
2. You can start the LLC even when you are on H1B but it is better that you wait till you get your EAD to get oprationalized. reason very very conservative view is that you cannot even write a check for your company or deposit a check... but this is a very conservative view....
3. To open a LLC you can use an accountant ( if you have one, it will be cheaper by a couple of hundred dollars) or use agencies like www.legalzoom.com/legalzip/LLCs/llc_procedure.html .... I have used both in the past....
4. Intially you can just form LLC as single or joint partnership and then elect as S corporations for taxing.... I forget within which period it is to be done, if I correctly remember when you file your first tax return or within 6 months you need to elect as filing as single person entity( then it becomes like your personal income) or you could elect as S corp....
5. You will a tax id for the LLC, business license and other documents when you form a LLC, You will need to maintain book and tax records for 3 years... best to have it managed by an accountant
6. You/ your spouse can work for your LLC.... Some of you if you want to after 180 days change employers can move into your LLC and maintain that you are employed in same occupational duties for your own LLC...
Hope I have been able to answer your questions....:cool:
Thanks for sharing that with us. I'm sure IV will become a platform for aspiring entrepreneur in the long run.
1. Yes you can open a LLC singly or jointly with your wife/friend/anyone.
2. You can start the LLC even when you are on H1B but it is better that you wait till you get your EAD to get oprationalized. reason very very conservative view is that you cannot even write a check for your company or deposit a check... but this is a very conservative view....
3. To open a LLC you can use an accountant ( if you have one, it will be cheaper by a couple of hundred dollars) or use agencies like www.legalzoom.com/legalzip/LLCs/llc_procedure.html .... I have used both in the past....
4. Intially you can just form LLC as single or joint partnership and then elect as S corporations for taxing.... I forget within which period it is to be done, if I correctly remember when you file your first tax return or within 6 months you need to elect as filing as single person entity( then it becomes like your personal income) or you could elect as S corp....
5. You will a tax id for the LLC, business license and other documents when you form a LLC, You will need to maintain book and tax records for 3 years... best to have it managed by an accountant
6. You/ your spouse can work for your LLC.... Some of you if you want to after 180 days change employers can move into your LLC and maintain that you are employed in same occupational duties for your own LLC...
Hope I have been able to answer your questions....:cool:
Thanks for sharing that with us. I'm sure IV will become a platform for aspiring entrepreneur in the long run.
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hopefullegalimmigrant
12-27 09:41 AM
Does anyone know/suggest how to handle this delay? How are Ombudsman conferences held? Are these adhoc or with a certain frequency? We need to bring this up somehow. Recent USCIS reports show varying numbers of cases processed. But no one will know about our delays of existing AP cases unless we bring this to attention through murthy/Oh firm/ombudsman...somehow?
please share your thoughts.
please share your thoughts.
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bidhanc
03-10 05:42 PM
vparam/ anyone,
i have 2 questions
when i move into my own LLC how far do I need to go in terms of documents/ pay-stubs to prove to the USCIS that it's a legitimate company/ job offer? i guess i am a bit confused as to how to present to USCIS my dual role as owner/ employee with 140 job description?
also from your experiences is it practical (in terms of taxation) to just run your own payroll (from consulting) through your LLC - meaning you are the only employee in your company?
thanks in advance,
manderson
-----------------------------------------------------------------------------------
Ref (Murthy): " Foreign nationals can port their cases to a self-employed position! This is a very favorable stance, as many foreign nationals desire to establish their own companies and, in that way, control their own destinies. The entrepreneurial spirit is strong among many immigrants. The Memo reiterates the need to show that the new position or job is the same or similar. It also states that the new employer and job offer must be legitimate.
�MurthyDotCom
In these situations, the USCIS is to focus upon whether the original job offer was really the intended employment at the time the I-140 and I-485 were filed. That is, the petitioning company must have intended to employ the foreign national beneficiary and the foreign national beneficiary must have intended to accept the position at the time of filing the I-140 and the I-485."
Source: http://www.murthy.com/news/n_yatmay.html
I think the 2nd paragraph means USCIS might want additional RFEs from your 140 employer later on to prove that original 140 employment offer was valid.
From the above paragraph (quoted on Murthy site), it seems that it would be very much possible to just get self-employed (of course job description should be same and legal).
But here are the Questions:
1). How will USCIS be convinced that the original job offer was really the intended employment at the time the I-140 and I-485 were filed??
2). How do you prove to USCIS that the original job offer was something that you intended to take on getting your GC?
From the below excerpt (same Murthy site and part of above doc)
Ability of New Sponsor to Pay
m
The Memo clarifies that there should not be requests for "ability to pay" proof from the new sponsor as part of the I-140 approval process. However, the Memo does state that it would be appropriate to check the legitimacy of the new employer and the job offer in connection with the I-485 approval. So, the new employer may have to show financial viability and prove that there is a valid job offer in order for the foreign national employee and any family members to obtain the I-485 approval.
Questions:
3).Doesn�t the above mean that USCIS will still check to see if your (lets say) spouse�s company or start-up company has the ability to pay you?
4). So, even though USCIS is saying �Yes� to self employment, will they (excerpt from mandersons musings)
�..ask for 2 yrs of tax filings of future employer to prove that it's an established company (although they are not supposed to bring up 'ability to pay' issue which is already covered in approved 140 -- but being USCIS anything goes...)???
i have 2 questions
when i move into my own LLC how far do I need to go in terms of documents/ pay-stubs to prove to the USCIS that it's a legitimate company/ job offer? i guess i am a bit confused as to how to present to USCIS my dual role as owner/ employee with 140 job description?
also from your experiences is it practical (in terms of taxation) to just run your own payroll (from consulting) through your LLC - meaning you are the only employee in your company?
thanks in advance,
manderson
-----------------------------------------------------------------------------------
Ref (Murthy): " Foreign nationals can port their cases to a self-employed position! This is a very favorable stance, as many foreign nationals desire to establish their own companies and, in that way, control their own destinies. The entrepreneurial spirit is strong among many immigrants. The Memo reiterates the need to show that the new position or job is the same or similar. It also states that the new employer and job offer must be legitimate.
�MurthyDotCom
In these situations, the USCIS is to focus upon whether the original job offer was really the intended employment at the time the I-140 and I-485 were filed. That is, the petitioning company must have intended to employ the foreign national beneficiary and the foreign national beneficiary must have intended to accept the position at the time of filing the I-140 and the I-485."
Source: http://www.murthy.com/news/n_yatmay.html
I think the 2nd paragraph means USCIS might want additional RFEs from your 140 employer later on to prove that original 140 employment offer was valid.
From the above paragraph (quoted on Murthy site), it seems that it would be very much possible to just get self-employed (of course job description should be same and legal).
But here are the Questions:
1). How will USCIS be convinced that the original job offer was really the intended employment at the time the I-140 and I-485 were filed??
2). How do you prove to USCIS that the original job offer was something that you intended to take on getting your GC?
From the below excerpt (same Murthy site and part of above doc)
Ability of New Sponsor to Pay
m
The Memo clarifies that there should not be requests for "ability to pay" proof from the new sponsor as part of the I-140 approval process. However, the Memo does state that it would be appropriate to check the legitimacy of the new employer and the job offer in connection with the I-485 approval. So, the new employer may have to show financial viability and prove that there is a valid job offer in order for the foreign national employee and any family members to obtain the I-485 approval.
Questions:
3).Doesn�t the above mean that USCIS will still check to see if your (lets say) spouse�s company or start-up company has the ability to pay you?
4). So, even though USCIS is saying �Yes� to self employment, will they (excerpt from mandersons musings)
�..ask for 2 yrs of tax filings of future employer to prove that it's an established company (although they are not supposed to bring up 'ability to pay' issue which is already covered in approved 140 -- but being USCIS anything goes...)???
485Mbe4001
07-21 01:46 PM
It is certainly a good deal that we are able to file for 485 and we can enjoy the benefits of EAD/AP.
Mark my words...when apply to renew your EAD and you are not sure if spouse can work when one EAD has expired and the other is in the process of being approved you will realize what we are trying to say...after you keep applying to renew AP/EAD 3-4...one beings to wonder if it was all worth it.
In short, after we file our 485/EAD/APs we should work with IV and try to lobby for better laws...we should not be complacent and think our work is done, we crossed a small hurdle thats all.
Stop Showing These Numbers, Assumptions... Alright You're Good In Mathematics.. #@#~! Vb Or C#... Whatever... Give Those People At Uscis The Benefit Of The Doubt... I Think They're Not That Dumb Like What You Think... Maybe You're Not Happy With You're Employer...cant Wait To Leave...
Mark my words...when apply to renew your EAD and you are not sure if spouse can work when one EAD has expired and the other is in the process of being approved you will realize what we are trying to say...after you keep applying to renew AP/EAD 3-4...one beings to wonder if it was all worth it.
In short, after we file our 485/EAD/APs we should work with IV and try to lobby for better laws...we should not be complacent and think our work is done, we crossed a small hurdle thats all.
Stop Showing These Numbers, Assumptions... Alright You're Good In Mathematics.. #@#~! Vb Or C#... Whatever... Give Those People At Uscis The Benefit Of The Doubt... I Think They're Not That Dumb Like What You Think... Maybe You're Not Happy With You're Employer...cant Wait To Leave...
ArkBird
04-13 03:46 AM
@OP, Yes. You can open LLC and/or S-Corp on EAD. If you plan on working for the same company, I suggest you do it in the name of your significant other if you are (un)lucky like me and married. Also checkout the option of "LLC filing taxes as a S-Corp". Here is link to more details from IRS.
LLC Filing as a Corporation or Partnership (http://www.irs.gov/businesses/small/selfemployed/article/0,,id=205014,00.html)
Cheers
ArkBird
LLC Filing as a Corporation or Partnership (http://www.irs.gov/businesses/small/selfemployed/article/0,,id=205014,00.html)
Cheers
ArkBird
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