bpatel23
06-02 09:19 PM
Thanks everybody for your responses!!!!
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mbawa2574
09-16 07:49 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:
This was excellent.
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:
This was excellent.
p1234
09-13 08:15 PM
I'm getting red dots now for believing in the right!
Who cares? Give all the red dots in the world...:D
Who cares? Give all the red dots in the world...:D
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amitjoey
07-18 03:48 PM
Hi everyone!
I just realized that USCIS has made a mistake in I-140 approval notice. My labor and I-140 application was for EB-3. However, my lawyer made a mistake in checking EB-2 box instead of EB-3 box in the I-140 application. All other description and details were for EB-3.
USCIS also sent an RFE to know whether the application is for EB-2 or EB-3. My lawyer promptly responded that it was an honest mistake and the application was for EB-3.
Just today I realized that despite our response to RFE, USCIS gave and approval notice of I-140 for EB-2 and not EB-3.
I don't know, if my lawyer has noticed this mistake yet. I want to apply for AOS now and don't want to draw my employer / lawyer attention to it as I don't know what their reaction will be.
Can any one please advice me if this will have any adverse implication down the line? I am concerned as the approval is inconsistent with the labor approval that was with the intention of filing under EB-3. Any help would be appreciated. Thanks!
My opinion (Just my opinion, use with risk). You should let your attorney know, and come clean with it. They will put in an explanation that such a mistake happened, but it is really EB-3. You have nothing to worry, since your attorney has already pointed it out earlier to USCIS, and that documentation should be included. This is much easier than having to deal with it later and being stuck. Ofcourse your attorney should know what to do, and s/he knows the importance of filing I-485 NOW, so they can advise much better.
I just realized that USCIS has made a mistake in I-140 approval notice. My labor and I-140 application was for EB-3. However, my lawyer made a mistake in checking EB-2 box instead of EB-3 box in the I-140 application. All other description and details were for EB-3.
USCIS also sent an RFE to know whether the application is for EB-2 or EB-3. My lawyer promptly responded that it was an honest mistake and the application was for EB-3.
Just today I realized that despite our response to RFE, USCIS gave and approval notice of I-140 for EB-2 and not EB-3.
I don't know, if my lawyer has noticed this mistake yet. I want to apply for AOS now and don't want to draw my employer / lawyer attention to it as I don't know what their reaction will be.
Can any one please advice me if this will have any adverse implication down the line? I am concerned as the approval is inconsistent with the labor approval that was with the intention of filing under EB-3. Any help would be appreciated. Thanks!
My opinion (Just my opinion, use with risk). You should let your attorney know, and come clean with it. They will put in an explanation that such a mistake happened, but it is really EB-3. You have nothing to worry, since your attorney has already pointed it out earlier to USCIS, and that documentation should be included. This is much easier than having to deal with it later and being stuck. Ofcourse your attorney should know what to do, and s/he knows the importance of filing I-485 NOW, so they can advise much better.
more...
9years
10-29 11:13 AM
NO LUD on I-485 yet.
Thanks.
Thanks.
andy007
07-05 11:08 AM
I will go and meet couple of them today ... From Oakland (CA) to Stockton (CA) my selft and meet them .. will show all the papers .. Please give me the Links what we need to show.. thanks and we will work hard this week & get media attenion.... and also .. if posible we will do rally also ..
more...
amitjoey
07-05 05:08 PM
Can you please tell me the senators office you called so that I can call them too ..:) more calls the better
CALL your state senators. State senators are interested in listening from people who reside in their respective states, Cause they technically represent them. So they want to hear what affects their constituents.
Call your state senators first, then call your house reps, (remember logfren is a house rep) and then the others.
CALL your state senators. State senators are interested in listening from people who reside in their respective states, Cause they technically represent them. So they want to hear what affects their constituents.
Call your state senators first, then call your house reps, (remember logfren is a house rep) and then the others.
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Roger Binny
07-05 02:55 PM
mbawa2574 for IV president. Anyone?
Dude if you do not like something, why don't you start your own aggressive organization. You do not do squat on IV and only whined.
It is always an option for any one with in their org, but if his point is wrong, then IV core leadership should prove him that they are not sitting idle or moving very very slow.
Every one starting their own organization or asking to do so doesn't solve the purpose.
Dude if you do not like something, why don't you start your own aggressive organization. You do not do squat on IV and only whined.
It is always an option for any one with in their org, but if his point is wrong, then IV core leadership should prove him that they are not sitting idle or moving very very slow.
Every one starting their own organization or asking to do so doesn't solve the purpose.
more...
softwareguy
07-06 05:54 PM
And how does it not apply to AOS.
For Consular processing people have to plan trips and get medical and all that.
Why doesnt the same analogy apply to AOS. - Please explain...:confused:
For Consular processing people have to plan trips and get medical and all that.
Why doesnt the same analogy apply to AOS. - Please explain...:confused:
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arnab221
06-25 12:01 PM
Got approved just now. Labor filed EB3 on 23rd Feb Govt job. Thinsg are moving ... Best of luck to all !!!
-M
Dude ,
You owe us all a plate of Panipuri each .:D CONGRATS once again . Enjoy your day .
-M
Dude ,
You owe us all a plate of Panipuri each .:D CONGRATS once again . Enjoy your day .
more...
singhsa3
09-12 11:13 AM
Chandrakanth,
I agree with you 100% but it is a separate issue and must be done. What USCIS suggested to DOS that has resulted in visa bulletin is unacceaptle.
They practically said to DOS, Big Brother, "I don't know" .
How can they not know how many people are standing in line. When you and I take infopass, they can tell your category and priority date and whether you name check is passed or not. How come then they are having difficulties in collecting this data and sending it to DOS.
In my opinion
(1) Community must unite
(2) People must come out of anonymity by providing true information
(3) People must walk the talk - just not open threads and keep discussing
(4) Efforts must be well organized - IV is a great organization - we have state chapters where people can organize themselves - helps us all to do things more effectively
The biggest issue is - everyone come here and open threads but it alll stops there - people join state chapters but do nothing - just want to get updates - and always blame IV for whatever happens and question IV and want to grill IV as to what IV is doing.
Can we all get organized?
Sanjeev - I am sorry I am digressing from the original plan of this thread - but lets face reality - what is the use of all these tangential efforts - you may get hundreds of replies on this thread - but is there a proper directive? No one knows what to do it all starts and ends in discussion and waste of valuble time doing nothing.
I would rather recommend
(1) Lets get organized
(2) Give out proper information
(3) Pledge wholehearted support
(4) Be committed
(5) Join a state chapter
(6) Expand the community
(7) Work hard
(8) gather support
(9) take initiatives to lead - support will follow
(10) Do not waste time on unnecessary predictions, discussing waste, roumors etc...
(11) Understand the effort - lobbying - understand that IV needs a lot of money for lobbying - please contribute - please raise funds
Is everyone ready to do the above?
I agree with you 100% but it is a separate issue and must be done. What USCIS suggested to DOS that has resulted in visa bulletin is unacceaptle.
They practically said to DOS, Big Brother, "I don't know" .
How can they not know how many people are standing in line. When you and I take infopass, they can tell your category and priority date and whether you name check is passed or not. How come then they are having difficulties in collecting this data and sending it to DOS.
In my opinion
(1) Community must unite
(2) People must come out of anonymity by providing true information
(3) People must walk the talk - just not open threads and keep discussing
(4) Efforts must be well organized - IV is a great organization - we have state chapters where people can organize themselves - helps us all to do things more effectively
The biggest issue is - everyone come here and open threads but it alll stops there - people join state chapters but do nothing - just want to get updates - and always blame IV for whatever happens and question IV and want to grill IV as to what IV is doing.
Can we all get organized?
Sanjeev - I am sorry I am digressing from the original plan of this thread - but lets face reality - what is the use of all these tangential efforts - you may get hundreds of replies on this thread - but is there a proper directive? No one knows what to do it all starts and ends in discussion and waste of valuble time doing nothing.
I would rather recommend
(1) Lets get organized
(2) Give out proper information
(3) Pledge wholehearted support
(4) Be committed
(5) Join a state chapter
(6) Expand the community
(7) Work hard
(8) gather support
(9) take initiatives to lead - support will follow
(10) Do not waste time on unnecessary predictions, discussing waste, roumors etc...
(11) Understand the effort - lobbying - understand that IV needs a lot of money for lobbying - please contribute - please raise funds
Is everyone ready to do the above?
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Bogdan
06-02 04:26 PM
Also wanted to point out that the "dual intent" provision of the H1-B will be removed by this new CIR bill which will make matters worse for the people with I-485 pending as those applications can be rejected based on that.:(
More bad news for the legals
This is not true. I-485 will never be rejected based on that. However, you might need to show you have strong ties with your home country if you ask for an H1-B at the consulate abroad.
More bad news for the legals
This is not true. I-485 will never be rejected based on that. However, you might need to show you have strong ties with your home country if you ask for an H1-B at the consulate abroad.
more...
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superbabu
09-10 09:58 PM
how short are we from 30k?.
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meridiani.planum
12-19 12:40 AM
I agree with you. I think USCIS has made a conservative estimate, most likely, based on past spillover numbers. However, situation is little different this time. With the bad economy, there were less number of PERM applications filed in FY2009 that will claim visa numbers in FY2010. Also, with DOL taking ages to approve new PERM applications, there will be less applicants, that filed PERM this FY, claiming visa number. Thus, there will be lot more spillover this time than previous years. IV has taken this into consideration while doing its math but we cannot expect the same from USCIS. I think EB2I should at least move till mid if not till 2008.
bad economy of 2009 is irrelevant to PD movement because of the huge backlog of pending cases. Just see the stats the USCIS had released earlier. Also, PERM applications dont take visa number. A visa number is allocated when a 485 is being approved.
So EBI reaching 2008 is almost certainly a zero possibility unless there are some legislative changes. There are simply too many pending cases from 2005, 2006.
bad economy of 2009 is irrelevant to PD movement because of the huge backlog of pending cases. Just see the stats the USCIS had released earlier. Also, PERM applications dont take visa number. A visa number is allocated when a 485 is being approved.
So EBI reaching 2008 is almost certainly a zero possibility unless there are some legislative changes. There are simply too many pending cases from 2005, 2006.
more...
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ramus
07-19 06:16 AM
Only when you contribute more.. just kidding.
Thanks for your contribution.
Just did a paypal payment of $100
Confirmation Number: 42U11755V4035824R.
Great job, IV. I am proud to be a member of this community?
Where can I get an F5 key? :)
Thanks for your contribution.
Just did a paypal payment of $100
Confirmation Number: 42U11755V4035824R.
Great job, IV. I am proud to be a member of this community?
Where can I get an F5 key? :)
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chocolate
06-03 03:39 PM
Well this is very confusing.
What if a person files the I-140 after May 15th and his/her I-140 is approved. Later assume that I-485 date becomes current for that particular person (before Oct 2008), he/she files for the AOS/I-485 (before Oct 2008). While the I-485 petition is pending the date Oct 2008 comes what happens then? Will this nulify the filed I-140?
Thanks
My labor was approved 8 months ago. Although i submitted all the documents to my attorney 5 months ago My employer is yet to file. the fact is i am eligible to file for 140/485/ead/ap. So now i am stuck. Will this affect me.Thanks in advance.:mad: :mad: :mad: :mad: :mad:
What if a person files the I-140 after May 15th and his/her I-140 is approved. Later assume that I-485 date becomes current for that particular person (before Oct 2008), he/she files for the AOS/I-485 (before Oct 2008). While the I-485 petition is pending the date Oct 2008 comes what happens then? Will this nulify the filed I-140?
Thanks
My labor was approved 8 months ago. Although i submitted all the documents to my attorney 5 months ago My employer is yet to file. the fact is i am eligible to file for 140/485/ead/ap. So now i am stuck. Will this affect me.Thanks in advance.:mad: :mad: :mad: :mad: :mad:
more...
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Blessing&Lifeisbeautiful
07-24 04:59 PM
Even if you are RN licenes and educated in the USA. You still need a visa screen. I had to apply for visa screen. In my case it took only 1 week to get it. you can apply on line and send your documents. I'm not sure about the EAD though. YOu may wwant to post your question on the free Consultaion thread.
www.cgfns.org
I have applied for my visascreen, but the lawyer is saying that EAD and probably the application may be denied! I thought that it is required at the later stages of the GC process.
Now please share the secret of HOW you got a visascreen in 1 week! I'm flabbergasted. This is the first I heard. Please share
www.cgfns.org
I have applied for my visascreen, but the lawyer is saying that EAD and probably the application may be denied! I thought that it is required at the later stages of the GC process.
Now please share the secret of HOW you got a visascreen in 1 week! I'm flabbergasted. This is the first I heard. Please share
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maddipati1
12-16 01:22 PM
one of my close friend grew from a regular programmer to the position of VP in the span of last 6 years. he is facing lot of issues with GC.
clearly mirage didn't mean growing to the position of exactly VP. he meant a higher and slightly different position, for example an IT Manager. It is not that uncommon, for a IT Progmr who works in the same company for 5-6 years, offered a Manager position.
desi, this is argument is going nowhere, ur intentions in the begining are good and i welcome ur critique, but leave it when recepeints aren't taking it. it became argument just for the sake of supporting ur argument.
BTW, I am yet to see any such cases where someone is offered job offer for vice president whereas he/she is working as Programmer.
clearly mirage didn't mean growing to the position of exactly VP. he meant a higher and slightly different position, for example an IT Manager. It is not that uncommon, for a IT Progmr who works in the same company for 5-6 years, offered a Manager position.
desi, this is argument is going nowhere, ur intentions in the begining are good and i welcome ur critique, but leave it when recepeints aren't taking it. it became argument just for the sake of supporting ur argument.
BTW, I am yet to see any such cases where someone is offered job offer for vice president whereas he/she is working as Programmer.
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susie
07-15 11:19 AM
APPENDIX: REFORM SOLUTIONS
The Need for a Compassionate Visa
Solutions
Subsection (3) should be reworded to clarify its application to derivative beneficiaries as follows
�(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older,
(A) for the purposes of subsections (a)(4), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition, and
(B) for the purposes of subsections (d), the petition on which the alien was a derivative beneficiary shall automatically be converted to a new petition with the appropriate category once their Parent has permanent resident status and the alien shall retain the original priority date issued upon receipt of the alien parent�s original petition. This is without prejudice to a Parent�s right to object to such converted petition. �
This new division into (A) and (B) makes a more appropriate distinction between principal beneficiaries and derivative beneficiaries. (B) also clarifies a Parent who does not want to petition their over 21 unmarried son or daughter, is permitted to oppose the automatic conversion of the application.
In addition, after four and half years since its enactment, the USCIS has still failed to issue implementing rules and a private bill should be introduced requiring the USCIS to perform its statutory duty to provide rules.
If the new points system is implemented, INA, section 203(h), becomes redundant in relation to future applicants. In this case a new provision should be added permitting all derivative beneficiaries to be considered as a child regardless of when they age out and when the petition becomes current. This would be a temporary relief measure for any derivative beneficiary currently subject to the family-based petitions so they do not age out while the remaining petitions are being cleared.
Removal of Child Status Protection Act of 2002 (CSPA), section 8
Section 8 of the CSPA provides provisions preventing the retroactive application of the legislation. As a result many beneficiaries have to wait in excess of 30 years for an immigrant visa. Derivative beneficiaries that were subject to wait times and aged out cannot apply the benefits of the CSPA if their parent�s petition was processed before August 2002. This means they are forced to back of the line; after already having waited up to 20 years, they are forced to wait for another lengthy period up to 20 years in the F2B category.
Therefore, section 8 has to be repealed to enable retroactive applicability. It cannot be right that if these same people had not abided with US immigration laws and entered illegally, they would be able to get status to remain and work in the USA under the proposed Z visa. However, by abiding by the law, they are instead forced to wait outside the USA for over 30 years in total since the start of the original immigrant visa application because they were ejected out of one line due to aging out as a result of the prolonged wait times, only to be forced to the back of a new immigrant visa line.
Dream Act
This is currently incorporated within the STRIVE Act (sections 621 et seq.) and presumably will be brought forward in the upcoming Bill subject to final agreement by the Senators. However, there is ambiguity as to whether children in the USA who enter legally benefit from its provisions. This has to be clarified to ensure it applies not only to children who entered the USA illegally, but also to those who entered legally, such as in derivative status on an E2 visa of their Parent. The ambiguity is made worse because the STRIVE Bill includes the Dream Act in subtitle B of Title VI Legalization of Undocumented Individuals. It is an absurd situation if legal nonimmigrant children are not given at least the same equal treatment as illegal children. The future Bill should incorporate the DREAM Act into a separate Title so does not give the appearance it applies to illegal migrant children only.
E2 Investors and Rep. Heather Wilson�s Proposed E2 Nonimmigrant Investor Adjustment Act of 2007
We strongly reiterate our support for this proposed legislation and urge you to do same. However, we urge you to go further by removing the proposed 3,000 cap or, at the very least, increase the proposed 3,000 annual cap to a more reasonable number such as 20,000 and/or provide annual increases to meet market demand to avoid backlogs and to avoid having to revisit the issue in future. Aside from our own members, E2 investors provide billions of dollars of investment in the US economy and much needed employment. They should be provided with a pathway to permanent residency and citizenship for their dedication and commitment to this country. It is undoubtedly very odd that illegal immigrants are receiving a pathway to permanent residency whereas E2 investors are not. It sends a clear message that entering the USA illegally is preferable because it provides a path to citizenship, whereas entering legally and working hard, investing substantial amounts of capital and employing US citizens for the benefit of the US economy does not (unless you are the extremely rare exception that qualifies under the EB5 investment visa).
The Need for a Compassionate Visa
Solutions
Subsection (3) should be reworded to clarify its application to derivative beneficiaries as follows
�(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older,
(A) for the purposes of subsections (a)(4), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition, and
(B) for the purposes of subsections (d), the petition on which the alien was a derivative beneficiary shall automatically be converted to a new petition with the appropriate category once their Parent has permanent resident status and the alien shall retain the original priority date issued upon receipt of the alien parent�s original petition. This is without prejudice to a Parent�s right to object to such converted petition. �
This new division into (A) and (B) makes a more appropriate distinction between principal beneficiaries and derivative beneficiaries. (B) also clarifies a Parent who does not want to petition their over 21 unmarried son or daughter, is permitted to oppose the automatic conversion of the application.
In addition, after four and half years since its enactment, the USCIS has still failed to issue implementing rules and a private bill should be introduced requiring the USCIS to perform its statutory duty to provide rules.
If the new points system is implemented, INA, section 203(h), becomes redundant in relation to future applicants. In this case a new provision should be added permitting all derivative beneficiaries to be considered as a child regardless of when they age out and when the petition becomes current. This would be a temporary relief measure for any derivative beneficiary currently subject to the family-based petitions so they do not age out while the remaining petitions are being cleared.
Removal of Child Status Protection Act of 2002 (CSPA), section 8
Section 8 of the CSPA provides provisions preventing the retroactive application of the legislation. As a result many beneficiaries have to wait in excess of 30 years for an immigrant visa. Derivative beneficiaries that were subject to wait times and aged out cannot apply the benefits of the CSPA if their parent�s petition was processed before August 2002. This means they are forced to back of the line; after already having waited up to 20 years, they are forced to wait for another lengthy period up to 20 years in the F2B category.
Therefore, section 8 has to be repealed to enable retroactive applicability. It cannot be right that if these same people had not abided with US immigration laws and entered illegally, they would be able to get status to remain and work in the USA under the proposed Z visa. However, by abiding by the law, they are instead forced to wait outside the USA for over 30 years in total since the start of the original immigrant visa application because they were ejected out of one line due to aging out as a result of the prolonged wait times, only to be forced to the back of a new immigrant visa line.
Dream Act
This is currently incorporated within the STRIVE Act (sections 621 et seq.) and presumably will be brought forward in the upcoming Bill subject to final agreement by the Senators. However, there is ambiguity as to whether children in the USA who enter legally benefit from its provisions. This has to be clarified to ensure it applies not only to children who entered the USA illegally, but also to those who entered legally, such as in derivative status on an E2 visa of their Parent. The ambiguity is made worse because the STRIVE Bill includes the Dream Act in subtitle B of Title VI Legalization of Undocumented Individuals. It is an absurd situation if legal nonimmigrant children are not given at least the same equal treatment as illegal children. The future Bill should incorporate the DREAM Act into a separate Title so does not give the appearance it applies to illegal migrant children only.
E2 Investors and Rep. Heather Wilson�s Proposed E2 Nonimmigrant Investor Adjustment Act of 2007
We strongly reiterate our support for this proposed legislation and urge you to do same. However, we urge you to go further by removing the proposed 3,000 cap or, at the very least, increase the proposed 3,000 annual cap to a more reasonable number such as 20,000 and/or provide annual increases to meet market demand to avoid backlogs and to avoid having to revisit the issue in future. Aside from our own members, E2 investors provide billions of dollars of investment in the US economy and much needed employment. They should be provided with a pathway to permanent residency and citizenship for their dedication and commitment to this country. It is undoubtedly very odd that illegal immigrants are receiving a pathway to permanent residency whereas E2 investors are not. It sends a clear message that entering the USA illegally is preferable because it provides a path to citizenship, whereas entering legally and working hard, investing substantial amounts of capital and employing US citizens for the benefit of the US economy does not (unless you are the extremely rare exception that qualifies under the EB5 investment visa).
SEP03NY
08-12 04:05 PM
One of my friend got receipt for I-140 and I-1485, He send on July 30th to Nebraska Service center. I have send on the 2nd July still waiting.
Thanks
Thanks
mayitbesoon
08-07 10:32 AM
It is so true. BEC victims are now I-140 backlog victims. It might help if IV can campaign for I-140 premium processing for BEC backlog victims. Ours is EB2 2003 from PBEC. LC process took 4 years. We are still waiting for I-140 to be approved while they are approving GCs for 2006 filers. It is absolutely unfair game by USCIS.
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