manderson
09-25 10:38 PM
i think AC21 doesnt impose a limit on the number of hops ...
can u provide source where u saw this?
i never saw such a limit anywhere but i wouldn't be surprised if frequent job-hops raise red-flags during adjucation.
i am also interested in the post-AC21 continued employment issue (indianguy's original question)
thanks
can u provide source where u saw this?
i never saw such a limit anywhere but i wouldn't be surprised if frequent job-hops raise red-flags during adjucation.
i am also interested in the post-AC21 continued employment issue (indianguy's original question)
thanks
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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...)???
Ramba
09-08 12:34 PM
Well said. On top of all this, there is a huge social pressure on NRIs from Indian parents/relatives to buy a property in India. It goes like this, if Hari, Babu and Kanwal all have it, why don't you buy something in Delhi as well. Now builders have started talking in terms of crores. You call them and ask the price, they would say "point six", means zero point six crores (for 1200 sq ft 2 BHK). There is no way on this earth someone should pay that much for 1200 sq ft in Noida/Delhi/Anywhere in India.
My advise, let people, relatives say what they want to say. This market is bound to come down. Just wait and see. Thank you.
Yes. 0.6 crore for 2b apt is way too much. If you put little more money here in TX, you can buy a manson (4/5 bed room independent house) with swiming pool. However, one can not ignore the advise of having property/house in home country, for many other reasons. But the price should be reasonable/cost worthy.
My advise, let people, relatives say what they want to say. This market is bound to come down. Just wait and see. Thank you.
Yes. 0.6 crore for 2b apt is way too much. If you put little more money here in TX, you can buy a manson (4/5 bed room independent house) with swiming pool. However, one can not ignore the advise of having property/house in home country, for many other reasons. But the price should be reasonable/cost worthy.
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kkt_tkk
09-07 01:18 PM
Hi,
I entered in to USA on 11/1999, still working on H1B
GC: PD is 2005, EB3
I can't port to EB2, as my education is combinational (Diploma + AMIE), not 4-year single degree.
Thanks,
KKT
Pappu excellent post full of true facts. Being smart in my opinion means being knowledgeable and aware of the current situation at any given point of time rather than being ignorant and indifferent. Most of the time doing some basic research can lead an individual to the right option that is legally consistent and correct, it�s really never too late to correct course. Yes there will be street smart people (Sub labor being one example) who will game the system but besides other things let�s accept that they know how things work. Life is about learning and then What Next? It�s really about continuous improvement and trying to move in the right direction. Not having the desired end result is fine but not doing anything or not trying is bad. Very nice and motivating stories from some of the veteran�s you give us the motivation to hang on. OP you seem to have started a nice discussion.
I entered in to USA on 11/1999, still working on H1B
GC: PD is 2005, EB3
I can't port to EB2, as my education is combinational (Diploma + AMIE), not 4-year single degree.
Thanks,
KKT
Pappu excellent post full of true facts. Being smart in my opinion means being knowledgeable and aware of the current situation at any given point of time rather than being ignorant and indifferent. Most of the time doing some basic research can lead an individual to the right option that is legally consistent and correct, it�s really never too late to correct course. Yes there will be street smart people (Sub labor being one example) who will game the system but besides other things let�s accept that they know how things work. Life is about learning and then What Next? It�s really about continuous improvement and trying to move in the right direction. Not having the desired end result is fine but not doing anything or not trying is bad. Very nice and motivating stories from some of the veteran�s you give us the motivation to hang on. OP you seem to have started a nice discussion.
more...
tinamatthew
07-22 06:58 PM
Hi Tina,
Thanks for your reply. I am in Eb3. I am willing to relocate but you know that every state has different rules for Physical Therapists. As I have 3 yrs of experience from India, I wonder who can sponsor me.
How are things going? Any luck with job hunting? Yes you are right every state is different regarding requirements. Your best bet is to look hard in NY. Call up PT colleagues, the ones you know well and the ones you don't! Let them know there is a PT that needs a job! AND DON'T tell the employer you need them to sponsor you until at the interview. Let them see you, like you and like what you have to offer! Very important! Then they will do whatever it takes to get you on board.
Hope this helps
Thanks for your reply. I am in Eb3. I am willing to relocate but you know that every state has different rules for Physical Therapists. As I have 3 yrs of experience from India, I wonder who can sponsor me.
How are things going? Any luck with job hunting? Yes you are right every state is different regarding requirements. Your best bet is to look hard in NY. Call up PT colleagues, the ones you know well and the ones you don't! Let them know there is a PT that needs a job! AND DON'T tell the employer you need them to sponsor you until at the interview. Let them see you, like you and like what you have to offer! Very important! Then they will do whatever it takes to get you on board.
Hope this helps
beppenyc
03-16 10:15 AM
Frist Sets Date for Immigration Debate
(CNSNews.com) - Senate Majority Leader Bill Frist said he will bring an immigration reform bill to the Senate floor later this month, something that will force debate on a guest worker program supported by some Republicans but opposed by others. The Judiciary Committee hasn't completed work on what it calls a "very complicated" bill: Critics oppose any moves to give temporary workers amnesty. The House passed an immigration bill last year that does not address the guest worker issue. Read News on the Web
(CNSNews.com) - Senate Majority Leader Bill Frist said he will bring an immigration reform bill to the Senate floor later this month, something that will force debate on a guest worker program supported by some Republicans but opposed by others. The Judiciary Committee hasn't completed work on what it calls a "very complicated" bill: Critics oppose any moves to give temporary workers amnesty. The House passed an immigration bill last year that does not address the guest worker issue. Read News on the Web
more...
Green.Tech
05-26 01:15 AM
Fight it out...Support IV!
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saimrathi
07-06 11:33 AM
Agreed, that would be the biggest impact... But, not all of us would be able to get an opportunity elsewhere in the world.. For example, doctors, scientists... not many countries match US infrastructure..
This is only my view...
As the saying goes..."Justice delayed is Justice Denied"
Considering our opportunity cost, many of us may be better off packing our bags and heading back - this may have an impact on the feds, the companies and people at large who think that WE are a burden on the society. All these artificial barriers and hurdles are a reflection of this.
Its quite apparent that there is no end game in sight, there is no motive here(ref to subash and gandhi message by asharda), no end game...it can only get worse. The Feds have succeed in Scr....wing US.
bottom line - Do we really add value to the society here?
convince the people and this will be the ONLY solution to our problems.
This is only my view...
As the saying goes..."Justice delayed is Justice Denied"
Considering our opportunity cost, many of us may be better off packing our bags and heading back - this may have an impact on the feds, the companies and people at large who think that WE are a burden on the society. All these artificial barriers and hurdles are a reflection of this.
Its quite apparent that there is no end game in sight, there is no motive here(ref to subash and gandhi message by asharda), no end game...it can only get worse. The Feds have succeed in Scr....wing US.
bottom line - Do we really add value to the society here?
convince the people and this will be the ONLY solution to our problems.
more...
bkarnik
04-26 09:38 AM
bkam,
I PRECISLY UNDERSTAND THE DIFFERENCE BETWEEN SS, MEDICARE VERSUS TAXES.I was just mocking at the ridiculousness of your demands. Hey, if you think that the government agencies are treating legal immigrants badly and we are being "cheated and treated like retards", may be all of us should move to a country where the laws are more flexible, aah… like India. How often have you been on a forum in your home country lobbying for injustices being rendered to citizens, none probably. Just because we are in a country where there is a small chance for a group of people like ourselves in the IV have the privilege to have our voices heard does not mean we ask for the sun. Do you think in a economy like this with high gas prices, the war, and not to mention the ailing social security system and everything else asking the government to stop taking SS tax and Medicare from non- immigrant workers is going to fly, I DON’T THINK SO. And not only that we will end up looking like a bunch of guys with outrageous demands.
So all I am saying is the issue is not SS or Medicare or entry date being the PD, but it is MORE IMMIGRANT VISA NUMBERS. I think we have lost our focus after the bill was shot down in the senate. We have just ONE demand if I am not mistaken, and I think the core team will agree with me on this and that is to ease retrogression by having more visa numbers in the pool for countries like India and China and that should be our only demand.
Although on first reading I was agreeing with the person who indicated that deducting SS and Medicare from non-immigrants does not make sense, lets look at it from another perspective... most of us would agree that more than 50 to 60% of non-immigrants or dual intent immigrants (read H1 visas for the purpose of this thread) are trying to obtain their permanent residency. Now, if the SS and Medicare are not deducted while you are on a H1B (boy, the employers would love this because as per law they have to match your deduction dollar for dollar) and you get your green card, you would be essentially starting with an empty kitty (i.e. the benefits that you would have accrued over the 9-10 years that it took you to get your GC are zero. Now, whose loss is that? I think, the better alternative would be the proposal by Sen. Kyle/Sen. Cornyn where they advocate that a temporary worker who has to go back will get the money when he leaves. If you don't and get your GC done, then the money goes into the SS/Medicare kitty and that way nobody loses.:)
Khnmbd is correct, if we demand not paying SS and Medicare, we probably stand to alienate ourselves from the mainstream. The very reason we are asked to pay SS/Medicare is because the H1B/L1 visas are considered to be dual-intent visas. That is the reason why students on F1 visa are exempt from paying SS/Medicare. Hope this clarifies a few issues and results in cooling down the temperatures:D
I PRECISLY UNDERSTAND THE DIFFERENCE BETWEEN SS, MEDICARE VERSUS TAXES.I was just mocking at the ridiculousness of your demands. Hey, if you think that the government agencies are treating legal immigrants badly and we are being "cheated and treated like retards", may be all of us should move to a country where the laws are more flexible, aah… like India. How often have you been on a forum in your home country lobbying for injustices being rendered to citizens, none probably. Just because we are in a country where there is a small chance for a group of people like ourselves in the IV have the privilege to have our voices heard does not mean we ask for the sun. Do you think in a economy like this with high gas prices, the war, and not to mention the ailing social security system and everything else asking the government to stop taking SS tax and Medicare from non- immigrant workers is going to fly, I DON’T THINK SO. And not only that we will end up looking like a bunch of guys with outrageous demands.
So all I am saying is the issue is not SS or Medicare or entry date being the PD, but it is MORE IMMIGRANT VISA NUMBERS. I think we have lost our focus after the bill was shot down in the senate. We have just ONE demand if I am not mistaken, and I think the core team will agree with me on this and that is to ease retrogression by having more visa numbers in the pool for countries like India and China and that should be our only demand.
Although on first reading I was agreeing with the person who indicated that deducting SS and Medicare from non-immigrants does not make sense, lets look at it from another perspective... most of us would agree that more than 50 to 60% of non-immigrants or dual intent immigrants (read H1 visas for the purpose of this thread) are trying to obtain their permanent residency. Now, if the SS and Medicare are not deducted while you are on a H1B (boy, the employers would love this because as per law they have to match your deduction dollar for dollar) and you get your green card, you would be essentially starting with an empty kitty (i.e. the benefits that you would have accrued over the 9-10 years that it took you to get your GC are zero. Now, whose loss is that? I think, the better alternative would be the proposal by Sen. Kyle/Sen. Cornyn where they advocate that a temporary worker who has to go back will get the money when he leaves. If you don't and get your GC done, then the money goes into the SS/Medicare kitty and that way nobody loses.:)
Khnmbd is correct, if we demand not paying SS and Medicare, we probably stand to alienate ourselves from the mainstream. The very reason we are asked to pay SS/Medicare is because the H1B/L1 visas are considered to be dual-intent visas. That is the reason why students on F1 visa are exempt from paying SS/Medicare. Hope this clarifies a few issues and results in cooling down the temperatures:D
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eb3_nepa
07-14 03:52 PM
Bumpers...please bump this thread...this should be on top...
That will help matters. However what we would REALLY like to see is, that the thread remains on top via actual people contributing and logging that they did so on here.
That will help matters. However what we would REALLY like to see is, that the thread remains on top via actual people contributing and logging that they did so on here.
more...
sunofeast_gc
07-23 06:27 PM
This is aboslutly not possible; he/she is trying to fool every one. Before retrogression, the last date to file a 485 for a EB3-Indian with PD 08/2004 was 12/31/2004. From Jan 2005 till July 2007 EB3 Inida was retrogressed for his PD. So he/she could not apply 485 in Feb 2005. The other optins could be he/she may be in EB2 catagory or a Schulde A nurse.
I was in similar time frame; So I know the date well....
Same thing came in my mind too....
it must be EB2 or a Schulde A nurse
anyway it good to know that someone got GC...
I was in similar time frame; So I know the date well....
Same thing came in my mind too....
it must be EB2 or a Schulde A nurse
anyway it good to know that someone got GC...
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webm
04-02 11:47 AM
fyi..
When ever you start working on EAD (filled I-9 form??)..then technically H1-B status will get invalidated...
PS:there are lot of posts here that discussed on the same...for the above source of information.
When ever you start working on EAD (filled I-9 form??)..then technically H1-B status will get invalidated...
PS:there are lot of posts here that discussed on the same...for the above source of information.
more...
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Milind123
09-13 08:16 PM
I made my first time $100 contribution
Order Details - Sep 13, 2007 8:26 PM EDT
Google Order #573069996350097
Thank you IV for all your efforts. Keep up the good work.
Thanks
Subbbaiah
stalemate: A situation in which further action is blocked.
Subbbaiah, thank you so much for breaking the stalemate.
Need one final one for tonight.
Order Details - Sep 13, 2007 8:26 PM EDT
Google Order #573069996350097
Thank you IV for all your efforts. Keep up the good work.
Thanks
Subbbaiah
stalemate: A situation in which further action is blocked.
Subbbaiah, thank you so much for breaking the stalemate.
Need one final one for tonight.
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dval_dpal
12-11 07:26 AM
I got my loan approved in April 2010 from Wells Fargo, the under writer created some problems but my loan officer gave them references of prior loans getting approved for people on AOS so it worked out well in the end. I know a lot of people who's loans were approved (both conventional and FHA) and were on AOS. All the best hope everything works out well for you.
i sent all documents to loan officer at wells fargo for refinance. I sent I-140, EAD copy for immigration documents. just got email from loan office that he received my file back from underwriter and ask for greencard copy front and back as underwriter said EAD is not acceptable (Employer can not sponsor borrower).
could anybody please tell me what to do now?
thank you:(
i sent all documents to loan officer at wells fargo for refinance. I sent I-140, EAD copy for immigration documents. just got email from loan office that he received my file back from underwriter and ask for greencard copy front and back as underwriter said EAD is not acceptable (Employer can not sponsor borrower).
could anybody please tell me what to do now?
thank you:(
more...
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sanagani
03-05 10:43 PM
Even though my priority date is 2005 dec under EB3 , i have one soft LUD on my and my dependentcaseon feb 10 amd one more soft LUD on primary applicant case on feb 27 09...
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ramus
07-06 12:58 PM
I think I am missing something.. Can anybody explain what they did today.. I am still trying to find out difference .
Thanks.
What the USCIS has done today is what they call "Locking the stables AFTER the horse has bolted" ;)
What a bunch of idiots, i swear this is WORSE than ANY of our home countries. Like I told my friend yesterday, atleast if the USCIS call center was based in India, the answers would have been consistent. They may have all been Wrong, but atleast they would be consistent.
Thanks.
What the USCIS has done today is what they call "Locking the stables AFTER the horse has bolted" ;)
What a bunch of idiots, i swear this is WORSE than ANY of our home countries. Like I told my friend yesterday, atleast if the USCIS call center was based in India, the answers would have been consistent. They may have all been Wrong, but atleast they would be consistent.
more...
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srimani1
10-05 11:04 AM
Applied GC in 2002 July in EB3 category. Still waiting for PD to apply 485. Missed 2007 Aug fiasco. Recemtly got my 11,12 and 13th year H1B extension.
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saimrathi
07-12 10:34 AM
Where did you get your DL renewed? Which state? :confused:
As someone else pointed out, if you don't drive will he/ she won't get a H1B?
This does not make sense.
I just renewed my DL in and BMV did not even ask for my visa/ passport validity and they issued me 5 years renewal (my visa expires in Oct 2008).
I can understand that based on your visa expiry date, BMV may issue only limited time DL.
I know each state has jurisdiction on these matters but there should be basically similar approach.
As someone else pointed out, if you don't drive will he/ she won't get a H1B?
This does not make sense.
I just renewed my DL in and BMV did not even ask for my visa/ passport validity and they issued me 5 years renewal (my visa expires in Oct 2008).
I can understand that based on your visa expiry date, BMV may issue only limited time DL.
I know each state has jurisdiction on these matters but there should be basically similar approach.
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villamonte6100
04-01 02:49 PM
C�mon boy I�m not asking to make Steve miller their VP operation and use that million dollar in grants to fund that project. What I�m asking is �can you tell us how many applications you received of which chargeability and in which EB categories� and assurance that they will issue EADs and APs in less than 90 days. To ask this you don�t need citizen rights you are asking a public agency a service which they are supposed to provide and they are charging us to do that�
There is a simple answer your question.
Why don't you write a letter to USCIS and outline every question you want answered.
And Please let us know what they say.
There is a simple answer your question.
Why don't you write a letter to USCIS and outline every question you want answered.
And Please let us know what they say.
SFSweta
07-11 02:12 PM
Just out of curiosity, what's stopping you from doing some of these things now? You probably cannot spend 3 months with your family in India and Dubai or go to culinary school full-time but you can definitely do all the rest while on H-1B/AOS.
- that's all and thanks for pointing it out :)
- that's all and thanks for pointing it out :)
Green.Tech
06-11 10:46 AM
Let's see who the first HERO will be to break the pattern of 2 days of zero contributions...
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