GC_sufferer
07-06 08:53 AM
Looks like she changed the Article title in NYT.
The initial one is "Agency Mix-Up Denies Applicants Green Cards", and now "Suit Planned Over Visas for the Highly Skilled".
The initial one is "Agency Mix-Up Denies Applicants Green Cards", and now "Suit Planned Over Visas for the Highly Skilled".
wallpaper 2012 Hyundai Elantra Review
snathan
08-12 04:19 PM
I believe that small companies have a big impact too. As someone mentioned, check to see which companies filed GCs in the last 10 years....Infy, TCS or Small body shops?
The notion of H1/L1B is the business not able to find any qualified or willing resource locally. In that case why they are not able/willing to file GC for those guys. Since they want to keep them as slaves...they never file.
The notion of H1/L1B is the business not able to find any qualified or willing resource locally. In that case why they are not able/willing to file GC for those guys. Since they want to keep them as slaves...they never file.
Macaca
06-18 10:51 AM
Please post your concerns in Employment Based (EB) Skilled Immigration Applicants (http://boards.msn.com/MSNBCboards/thread.aspx?boardid=1042&threadid=314286&boardsparam=Page%3D3)
2011 2012 hyundai elantra interior
ItIsNotFunny
03-11 01:34 PM
My application was finally approved yesterday after almost 7 years in queue. Here is the sequence of events right before the approval.
RFE email on 02/13/09
2nd Biometrics Notice received on 02/17/09
Lawyer receives RFE for EVL, EAD cards and Marriage Certificate on 02/24/09
Completed Code 3 Biometrics on 02/26/09
Soft LUD immediately after Biometrics on 02/26/09
USCIS receives RFE reply on 02/27/09, Hard LUD and email on the same day
Another soft LUD on 03/02/09
CPO email on 03/10/09
Welcome email on 03/10/09
My PD has been current for a long time, but my application had not been touched and then suddenly USCIS became a model of efficiency. I am sure they are opening applications and approving or RFE'ing all they can. Hang in there guys.
Congratulations! Hope you have stressless life ahead.
RFE email on 02/13/09
2nd Biometrics Notice received on 02/17/09
Lawyer receives RFE for EVL, EAD cards and Marriage Certificate on 02/24/09
Completed Code 3 Biometrics on 02/26/09
Soft LUD immediately after Biometrics on 02/26/09
USCIS receives RFE reply on 02/27/09, Hard LUD and email on the same day
Another soft LUD on 03/02/09
CPO email on 03/10/09
Welcome email on 03/10/09
My PD has been current for a long time, but my application had not been touched and then suddenly USCIS became a model of efficiency. I am sure they are opening applications and approving or RFE'ing all they can. Hang in there guys.
Congratulations! Hope you have stressless life ahead.
more...
rockstart
07-11 08:30 AM
I agree looks like CIS is getting its act together. but with such a big jump in dates. We will see random approvals like May 2006 before July 2004 etc.
Is this big jump for EB2 due to overflow from other categories? Is this as a result of awareness around visa wastage?
Is this big jump for EB2 due to overflow from other categories? Is this as a result of awareness around visa wastage?
gctest
09-15 04:19 PM
That memo/document you pointed out is an interpretation. We have already said that USCIS's interpretation is incorrect. We intend to correct this interpretation with this lawsuit.
Infact, it would be wrong to call this a lawsuit.
We are aiming for an injunction (or a stay order) in step 1 of the lawsuit that would prevent USCIS from working on any interfiling/PD porting requests.
If the injunction is with retroactive effect, all the EBs (not just EB3) who have ported their PDs will have their cases frozen. USCIS would not be able to work on them.
The remainder of the lawsuit can take its sweet time... the injunction should serve the primary cause.
Incorrect.
Please read this pdf document
AFM Update: Chapter 22: Employment-based Petitions (http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf)
Please pay attention to section (3) Priority Date Based on Earlier Petition on page 28 -
----------------------------------------------------------------------------------------
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions.
For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
--------------------------------------------------------------------------------------
I suggest, you talk to an attorney before using words like illegal. It may be unfair, but still be legal.
_____________________________________
Proud Indian-American and Legal Immigrant
Infact, it would be wrong to call this a lawsuit.
We are aiming for an injunction (or a stay order) in step 1 of the lawsuit that would prevent USCIS from working on any interfiling/PD porting requests.
If the injunction is with retroactive effect, all the EBs (not just EB3) who have ported their PDs will have their cases frozen. USCIS would not be able to work on them.
The remainder of the lawsuit can take its sweet time... the injunction should serve the primary cause.
Incorrect.
Please read this pdf document
AFM Update: Chapter 22: Employment-based Petitions (http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf)
Please pay attention to section (3) Priority Date Based on Earlier Petition on page 28 -
----------------------------------------------------------------------------------------
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions.
For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
--------------------------------------------------------------------------------------
I suggest, you talk to an attorney before using words like illegal. It may be unfair, but still be legal.
_____________________________________
Proud Indian-American and Legal Immigrant
more...
gsc999
09-10 03:19 PM
Thanks for contributing!
2010 New HYUNDAI ELANTRA 2012 for
stillhopefull
09-10 12:50 PM
Just contributed $100 and will see everybody in DC!
more...
Macaca
09-14 01:05 PM
Bush Counting on Tougher Enforcement To Carry Revived Bill (http://immigrationvoice.org/forum/showpost.php?p=89800&postcount=475) By DAVID ROGERS (david.rogers@wsj.com) | The Wall Street Journal, June 25, 2007
High-Tech Titans Strike Out on Immigration Bill (http://immigrationvoice.org/forum/showpost.php?p=89882&postcount=481) By ROBERT PEAR (rpear@nytimes.com) | New York Times, June 25, 2007
Revised Bill to Add Fuel To Immigration Debate (http://immigrationvoice.org/forum/showpost.php?p=90213&postcount=492) By DAVID HALL (david.hall@wsj.com) |THE WALL STREET JOURNAL,
June 25, 2007
High-Tech Titans Strike Out on Immigration Bill (http://immigrationvoice.org/forum/showpost.php?p=89882&postcount=481) By ROBERT PEAR (rpear@nytimes.com) | New York Times, June 25, 2007
Revised Bill to Add Fuel To Immigration Debate (http://immigrationvoice.org/forum/showpost.php?p=90213&postcount=492) By DAVID HALL (david.hall@wsj.com) |THE WALL STREET JOURNAL,
June 25, 2007
hair Modern Interior Hyundai
ItIsNotFunny
11-21 05:08 PM
You are correct Chandu. I confirmed with attorney based on some discussion going on in other thread that made me concerned. H1B and GC are complete independent for status.
I think you are wrong ( I just think)
H1b and AOS are two differnt things and are not coupled. A yearly h1b extension beyond 6 years is given if you have a Labor pending for more than an year or pending 140 more than one year and a 3 year h1b extension is granted if you have an approved 140.
So the basis of getting a h1b extension or transfer is 140 and not AOS. One may not have even applied for AOS but can get h1 extensions as long as the above conditions are satisfied.
This is based on what I know. Thats why Attorneys prefer h1b compared to EAd because h1b essentially gives time for you to change jobs/apply for new GC petition in case existing petition has tons of issues etc...
I think you are wrong ( I just think)
H1b and AOS are two differnt things and are not coupled. A yearly h1b extension beyond 6 years is given if you have a Labor pending for more than an year or pending 140 more than one year and a 3 year h1b extension is granted if you have an approved 140.
So the basis of getting a h1b extension or transfer is 140 and not AOS. One may not have even applied for AOS but can get h1 extensions as long as the above conditions are satisfied.
This is based on what I know. Thats why Attorneys prefer h1b compared to EAd because h1b essentially gives time for you to change jobs/apply for new GC petition in case existing petition has tons of issues etc...
more...
jung.lee
04-04 06:55 PM
What is the difference between LLC and C Corp.
which is better to open out of the two if we are in EAD.
The easiest to read, most succinct source I have found is through Quicken:
PDF:
http://www.mycorporation.com/pdfs/MyCorporation_Comparison_Chart.pdf
or
HTML:
http://www.mycorporation.com/comparison.html
Basically for small set ups (for example you and/or your spouse) you probably want to stick to LLC or S-Corp. S-corp has huge tax advantage in the sense that you can take a small W-2 salary from the firm (to minimize your payroll witholding taxes for social security and medicare) and take a large "partnership income" reported on a K-1, which is taxed at ordinary income tax rate, and is not subject to payroll withholding taxes for social security and medicare. If you think about it, by not taking the income fully on W-2, you will be saving around 15% in withholding taxes.
which is better to open out of the two if we are in EAD.
The easiest to read, most succinct source I have found is through Quicken:
PDF:
http://www.mycorporation.com/pdfs/MyCorporation_Comparison_Chart.pdf
or
HTML:
http://www.mycorporation.com/comparison.html
Basically for small set ups (for example you and/or your spouse) you probably want to stick to LLC or S-Corp. S-corp has huge tax advantage in the sense that you can take a small W-2 salary from the firm (to minimize your payroll witholding taxes for social security and medicare) and take a large "partnership income" reported on a K-1, which is taxed at ordinary income tax rate, and is not subject to payroll withholding taxes for social security and medicare. If you think about it, by not taking the income fully on W-2, you will be saving around 15% in withholding taxes.
hot interior design hyundai
sparky_jones
07-11 10:53 AM
Not to put any dampers here, but this is extremely frustrating for the EB3 India folks. I mean how freakin long do WE have to wait before we get our turn!
I am EB3-India with PD of August 2003. I am anticipating at least another 2 years. Any forward movement in any category is good news to me.
I am EB3-India with PD of August 2003. I am anticipating at least another 2 years. Any forward movement in any category is good news to me.
more...
house Posts Related to 2012 Hyundai
chanduv23
06-06 10:04 AM
Come on IV heros - you can do it. Lets push this thread on top
tattoo 2012 Hyundai Elantra
leo2606
09-09 08:38 PM
Contributed $100 today morning.
I am still coming to D.C rally, volunteering to transport our folks travelling to IAD or Regan, bringing 7 additonal folks to D.C rally with me(6 new members I was able to pull since last one month, no financial contribution yet at this point).Still targeting new folks who doesn't know any thing about IV and it's efforts.
I am still coming to D.C rally, volunteering to transport our folks travelling to IAD or Regan, bringing 7 additonal folks to D.C rally with me(6 new members I was able to pull since last one month, no financial contribution yet at this point).Still targeting new folks who doesn't know any thing about IV and it's efforts.
more...
pictures Lets see this 2012 Ford Focus
Michael chertoff
12-16 09:39 PM
What a nobel idea. IV has thousands of members and we all are with you. What we don't seems to have is LEADER. Yes, we are lacking leaders like you, If you start I am sure all IV members will follow you. Just drop us a line when you are ready to start. We all are counting on you.
J.F.
Dear JetFlyer,
lets do it together, let me know when you are ready. we both will start and see how many people will follow us.
thanks for your support.
MC
J.F.
Dear JetFlyer,
lets do it together, let me know when you are ready. we both will start and see how many people will follow us.
thanks for your support.
MC
dresses Hyundai Elantra middot; 2012
vparam
09-14 03:51 AM
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:
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:
more...
makeup Hyundai Accent 2011 Interior.
ind_game
05-18 04:19 PM
Hi ind_game, attorney and all readers,
After reading ind_game last quote "God save AC21.....". I have following questions:
1. Do you know any one (your friend, client) used AC21 and faced same problem? Es
2. Is it true that AC-21 info don't get updated in the USCIS records?
3. If yes (2 question), then x-employer I-140 revocation will ALWAYS result in THIS kind of problems (as ind-game is facing)?
4. To attorneys only: Is AC-21 really helpful or misleading? Asking because if it don't update in USCIS records.
Please reply.
thanks,
waitingmygc
waitingmygc,
I am really sorry if my message has festered you. That was not my intention. After three months of slog and surge in frustration, I was not ready for another 2 months.
1.
I have found some case studies and I am still in touch with them...........but everybody got thru this with a good ending........I have a series of case studies in another website's forum who have faced similar issue (of course, not 2 MTRs but just 1 MTR)...........I do not think it would be wise to post them here.........
2&3.
This is not in every case. One of the members contacted me today and said he got NOID for not submitting AC21, which is according to the guidance. One of my other friend did not submit any AC 21 and he got laid off from the changed company and he did not get any notification from USCIS. He is just moving ahead without filing any AC21.
One of my other friend changed jobs twice using AC 21 and he got NOIDs both times. NOID is common and according to the guidance in the memo (Yates memo). Trust me, I have contacted so many people in the past three months, I have enough case studies in my laptop now.
After reading ind_game last quote "God save AC21.....". I have following questions:
1. Do you know any one (your friend, client) used AC21 and faced same problem? Es
2. Is it true that AC-21 info don't get updated in the USCIS records?
3. If yes (2 question), then x-employer I-140 revocation will ALWAYS result in THIS kind of problems (as ind-game is facing)?
4. To attorneys only: Is AC-21 really helpful or misleading? Asking because if it don't update in USCIS records.
Please reply.
thanks,
waitingmygc
waitingmygc,
I am really sorry if my message has festered you. That was not my intention. After three months of slog and surge in frustration, I was not ready for another 2 months.
1.
I have found some case studies and I am still in touch with them...........but everybody got thru this with a good ending........I have a series of case studies in another website's forum who have faced similar issue (of course, not 2 MTRs but just 1 MTR)...........I do not think it would be wise to post them here.........
2&3.
This is not in every case. One of the members contacted me today and said he got NOID for not submitting AC21, which is according to the guidance. One of my other friend did not submit any AC 21 and he got laid off from the changed company and he did not get any notification from USCIS. He is just moving ahead without filing any AC21.
One of my other friend changed jobs twice using AC 21 and he got NOIDs both times. NOID is common and according to the guidance in the memo (Yates memo). Trust me, I have contacted so many people in the past three months, I have enough case studies in my laptop now.
girlfriend 2012 Hyundai Elantra 2012
emartin
05-13 12:11 AM
hi guys,
For those who have some questions about corporation vs llc, please check this video (and some related videos as well)
Corporations and Limited Liability | Khan Academy (http://www.khanacademy.org/v/corporations-and-limited-liability?p=Finance)
Sal explains better than anyone else :)
For those who have some questions about corporation vs llc, please check this video (and some related videos as well)
Corporations and Limited Liability | Khan Academy (http://www.khanacademy.org/v/corporations-and-limited-liability?p=Finance)
Sal explains better than anyone else :)
hairstyles 2011 Hyundai Elantra
pappu
07-14 08:22 PM
Thanks. The thread is a sticky now. Let us see how much we can collect. Someone, please add up on the thread. Thanks.
Napoleon
03-10 09:38 PM
Question #3 and #4 should conclude this discussion.
Also how do you define an established company.
If I stay employed for 2-3 yrs on my spouse's LLC and bring 200K each year, is that established?
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...)???
Also how do you define an established company.
If I stay employed for 2-3 yrs on my spouse's LLC and bring 200K each year, is that established?
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...)???
jonty_11
07-06 01:04 PM
yes please concentrate on IV action items, Contact senators, media, and keep digging...please that is the only way we have currently...so use ur free time to Digg...please
immigration-law.com - Mathew Oh's Sattire yet again
=======================
07/07/2007: State Department Record of EB Visa Number Authorization Involving Current Fiasco
* According to the State Department, from October 1, 2006 through May 30, 2007, the USCIS requested and was authorized the total EB visa numbers of 66,426. Between June 1 and the first few days of July (?), the USCIS requested and was authorized over 60,000 EB visa numbers, in approximately one month. Since it has been made clear by the USCIS that during the last weekend of June (2 days) the USCIS approved 25,000 EB 485 applications, apparently over 40,000 visa numbers were requested and authorized before the weekend. Obviously the 60,000 plus cases must thus have been approved (?) in one month. Hmm............................................... .........................
immigration-law.com - Mathew Oh's Sattire yet again
=======================
07/07/2007: State Department Record of EB Visa Number Authorization Involving Current Fiasco
* According to the State Department, from October 1, 2006 through May 30, 2007, the USCIS requested and was authorized the total EB visa numbers of 66,426. Between June 1 and the first few days of July (?), the USCIS requested and was authorized over 60,000 EB visa numbers, in approximately one month. Since it has been made clear by the USCIS that during the last weekend of June (2 days) the USCIS approved 25,000 EB 485 applications, apparently over 40,000 visa numbers were requested and authorized before the weekend. Obviously the 60,000 plus cases must thus have been approved (?) in one month. Hmm............................................... .........................
No comments:
Post a Comment