manderson
09-18 08:52 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.
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.
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jr8rdt
01-07 03:50 PM
looks like many people in this thread are planning to travel using AP. Just curious: are you all currently using EAD? I heard that once you enter using AP your H1 is no longer valid and you must use EAD though you are still working for the same company.
little bit off topic....
little bit off topic....
hpandey
06-12 04:23 PM
IV friends ,
Last week my lawyer has asked for copy of Driving License of me and my wife for filing the H1-B and H4 extension.
Then one of my friend told me that INS is asking for copy of the driving license for filing the h1-B extension.
My employer is supposed to file my 3 year Extension based on I-140 in Dec this year( Dec 2007) but my Licences expires on Sept 2008, So I will I be just getting the extension till Sept 2008 and Not 3 year extension.
Any Idea on that
I have already submitted my driving license to my lawyer.
Please Let me know because I was couting on that I will get 3 year extension this time :(
What if someone doesn't drive at all !! Does that mean they won't get an H1b visa or extension. It is simply not true I think.
Last week my lawyer has asked for copy of Driving License of me and my wife for filing the H1-B and H4 extension.
Then one of my friend told me that INS is asking for copy of the driving license for filing the h1-B extension.
My employer is supposed to file my 3 year Extension based on I-140 in Dec this year( Dec 2007) but my Licences expires on Sept 2008, So I will I be just getting the extension till Sept 2008 and Not 3 year extension.
Any Idea on that
I have already submitted my driving license to my lawyer.
Please Let me know because I was couting on that I will get 3 year extension this time :(
What if someone doesn't drive at all !! Does that mean they won't get an H1b visa or extension. It is simply not true I think.
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vjkypally
03-17 07:50 PM
Dont make Statements, ask if you don;t know. There are many gurus here
more...
reddymjm
02-23 04:32 PM
What is LUD
Last updated date
Last updated date
MDix
03-03 04:31 PM
That is not true, my lawyer who is very influential and he has some good contacts he told me that this year spill-over would be different form last year. I was stupid so didn�t believe him about July 2007, and paying it for now for not having EAD.
I know this is hard to believe especially if something comes from lawyer.
Looks like MDix is making fun of EB3-I bcoz current law doesn't allow any spillover for EB3-I category. Damn you MDix.
Thank's
MDix
I know this is hard to believe especially if something comes from lawyer.
Looks like MDix is making fun of EB3-I bcoz current law doesn't allow any spillover for EB3-I category. Damn you MDix.
Thank's
MDix
more...
srikondoji
08-12 01:51 PM
Buddyinus,
I know you are bit overcharged on this forum. I have already warned you politely and gently against personal attacks.
You have not heeded my advise and that of pappu.
Its time for second warning and if you continue and persist on your idiotic talk, you will really face the consequences.
I have already complained about your behavior and you still continue with your narrow and dogmatic thinking.
You really don't know the difference between assertion and assumption.
Let us move on and concentrate on the bigger issue.
I hope you will cool down and get down to basics. I don't want you to be banned from this forum as we need members and especially contributing members.
Best regards
sri
Now, the fool is trying to change the subject by asking ppl to join the rally. Why in the world wud ppl trust him? The thread is barely 10 pages and after realizing that therez no point in discussing about what this thread is all about, he has shifted subject loyalites. How lame and insane is this guy? Pappu, LogicLife where r u guyz? Why dont u ban him?
I know you are bit overcharged on this forum. I have already warned you politely and gently against personal attacks.
You have not heeded my advise and that of pappu.
Its time for second warning and if you continue and persist on your idiotic talk, you will really face the consequences.
I have already complained about your behavior and you still continue with your narrow and dogmatic thinking.
You really don't know the difference between assertion and assumption.
Let us move on and concentrate on the bigger issue.
I hope you will cool down and get down to basics. I don't want you to be banned from this forum as we need members and especially contributing members.
Best regards
sri
Now, the fool is trying to change the subject by asking ppl to join the rally. Why in the world wud ppl trust him? The thread is barely 10 pages and after realizing that therez no point in discussing about what this thread is all about, he has shifted subject loyalites. How lame and insane is this guy? Pappu, LogicLife where r u guyz? Why dont u ban him?
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belmontboy
09-16 07:43 PM
has anyone tried renewing their DL in CA based on a receipt of extension?
YEs, I did.
Mailed renewal notice along with $$. Got back DL valid for 5 years
YEs, I did.
Mailed renewal notice along with $$. Got back DL valid for 5 years
more...
Libra
09-13 08:39 PM
Milind you rock......thanks for efforts.
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abhijitp
07-06 02:48 PM
We should learn something from USCIS.. If they have worked hard for 48 hours on last weekend, we should work more this weekend and do whatever we can to help core members.
__________________________________________________ ______________
I second that!
__________________________________________________ ______________
I second that!
more...
gc28262
08-08 08:30 AM
Since we are trying to address I-140 delays in general at TSC and NSC, can we just send a general letter to Ombudsman's office without specifying our case and DHS Form 7001 ?
This way it will turn out to be a letter campaign.
What do you think ?
This way it will turn out to be a letter campaign.
What do you think ?
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eeezzz
04-02 02:44 PM
That�s right, no name calling and no country name calling. D.R.D owes us an apology.
D.R.D ??
D.R.D ??
more...
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sbharatham
07-18 10:00 PM
Contributed $100 just now adding to earlier 100+50.
Will contribute more.
IV has proved they are working hard behind the scenes with the July bulletin reversal Success.
Now its our turn as members to support them by contributing as much as you can !!!
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Will contribute more.
IV has proved they are working hard behind the scenes with the July bulletin reversal Success.
Now its our turn as members to support them by contributing as much as you can !!!
Order Details - Jul 18, 2007 10:22 PM EDT
Google Order #156751256110014
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Administrator2
04-30 01:27 PM
IV Team,
I have been calling the list of Senators - and some of them say they do not support amnesty. I do talk about high skilled immigrants (from pappu's brief). My question is how do I make the distinction between the two groups without sounding that I am being against the undocumented?
Appreciate your help on this as I continue calling the Senators. Thanks
Thanks, we expect some of the offices will say this. There can be lot of answers to this question. One way to respond is -
"For last 10 years there has been no High-skilled immigration bill passed by the Congress. The world has changed in last 10 years. I understand that the Senator is a champion for creating more jobs in America. Employment based green cards will create jobs in America. I want to start my own company and hire people in America. But I cannot do that if I don't have a green card.
I would sincerely request you to please convey to the Senator if he would consider supporting some version of the immigration bill
giving more weight to green cards and creating jobs in America, or maybe the Senator could lead the effort for improving the proposal"
Please always end the call on a cordial note thanking the Staff member.
I have been calling the list of Senators - and some of them say they do not support amnesty. I do talk about high skilled immigrants (from pappu's brief). My question is how do I make the distinction between the two groups without sounding that I am being against the undocumented?
Appreciate your help on this as I continue calling the Senators. Thanks
Thanks, we expect some of the offices will say this. There can be lot of answers to this question. One way to respond is -
"For last 10 years there has been no High-skilled immigration bill passed by the Congress. The world has changed in last 10 years. I understand that the Senator is a champion for creating more jobs in America. Employment based green cards will create jobs in America. I want to start my own company and hire people in America. But I cannot do that if I don't have a green card.
I would sincerely request you to please convey to the Senator if he would consider supporting some version of the immigration bill
giving more weight to green cards and creating jobs in America, or maybe the Senator could lead the effort for improving the proposal"
Please always end the call on a cordial note thanking the Staff member.
more...
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chanduv23
07-06 12:33 PM
Please update your profiles on IV if you have not done so - thanks
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despodude2002
07-21 05:49 PM
Any idea on how frequently such motions are voted on?
more...
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Milind123
09-16 03:56 PM
Come on people only 11 shots to be fired. (I will take one shot, two already fired). The next person who will pull the trigger is probably a jovial person. He/she has contributed before or will contribute for the first time. He/she thinks we are a bunch of serious people, who will get the job done, but too serious for his/her company.
That is not the case at all. To prove it, here is a joke for you, to make you pull the trigger, amused and probably laughing.
Note: It is impossible to crack a joke and make everyone laughs. Invariably it is offensive to someone. I hope it is not the case here. Also, not everyone likes a particular joke; well the objective here is to make only one person laugh (enough to go to google and pull the trigger). You may have already heard it, but I found it funny. If I don�t get contributions for this one; that�s fine, I won�t try again; this will be the last joke I will post. (I don�t want to scare you away).
An old lady takes the limp body of her rabbit to the vet. She pleads to the Dr �Please please take a look at my dear Pilu. He is not responding at all�. The Dr goes and checks the poor rabbit. �Sorry! But your Pilu is dead�. �No it can�t be the case, help me, help me, please do something�. The Dr says OK and blows a whistle. A cat come and gets on top of the table where Pilu�s body is lying�. She sniffs the body from top to bottom and shakes her head and leaves the room. The dr looks at the old lady and shakes his head too. Old lady protests and says the dr is not doing a good enough job. The Dr again whistles and in comes a Labrador Retriever. The dog also check Pilu and declares that the rabbit is dead. �How much� the lady asks the dr holding Pilu very close to her chest. �$250� the Dr replies.�WHAT $250 TO TELL ME THAT MY DEAR PILU IS NO MORE�. The dr replies back in a very calm tone �it would have cost you 50 when I told you, but you were not convinced and I had to run a lab report and do a cat scam. $100 each�
That is not the case at all. To prove it, here is a joke for you, to make you pull the trigger, amused and probably laughing.
Note: It is impossible to crack a joke and make everyone laughs. Invariably it is offensive to someone. I hope it is not the case here. Also, not everyone likes a particular joke; well the objective here is to make only one person laugh (enough to go to google and pull the trigger). You may have already heard it, but I found it funny. If I don�t get contributions for this one; that�s fine, I won�t try again; this will be the last joke I will post. (I don�t want to scare you away).
An old lady takes the limp body of her rabbit to the vet. She pleads to the Dr �Please please take a look at my dear Pilu. He is not responding at all�. The Dr goes and checks the poor rabbit. �Sorry! But your Pilu is dead�. �No it can�t be the case, help me, help me, please do something�. The Dr says OK and blows a whistle. A cat come and gets on top of the table where Pilu�s body is lying�. She sniffs the body from top to bottom and shakes her head and leaves the room. The dr looks at the old lady and shakes his head too. Old lady protests and says the dr is not doing a good enough job. The Dr again whistles and in comes a Labrador Retriever. The dog also check Pilu and declares that the rabbit is dead. �How much� the lady asks the dr holding Pilu very close to her chest. �$250� the Dr replies.�WHAT $250 TO TELL ME THAT MY DEAR PILU IS NO MORE�. The dr replies back in a very calm tone �it would have cost you 50 when I told you, but you were not convinced and I had to run a lab report and do a cat scam. $100 each�
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add78
06-10 05:13 PM
multiple year eads & ap - may or may not happen
visa recapture - no chance
visa increase - will not happen
still contribute??
They said the same thing about Clinton having the Dem nomination locked up a year ago. :) Do not underestimate the power of grassroots organization, unified efforts, public awareness and its influence over the representatives, call/fax/flower campaigns and active lobbying. Do not get discouraged and keep trying till you succeed.
The Multi-Year EAD happened today. Others will too. All we have to do is try and follow the Action Items. And urge others to join and do the same.
visa recapture - no chance
visa increase - will not happen
still contribute??
They said the same thing about Clinton having the Dem nomination locked up a year ago. :) Do not underestimate the power of grassroots organization, unified efforts, public awareness and its influence over the representatives, call/fax/flower campaigns and active lobbying. Do not get discouraged and keep trying till you succeed.
The Multi-Year EAD happened today. Others will too. All we have to do is try and follow the Action Items. And urge others to join and do the same.
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gctest
09-14 02:40 PM
Well ...well ..well.... All this opposition tells me that I am on the right track along with all the people who support this cause.
Infact, we had seen similar opposition when we spoke against labor substitution in 2004 on immigrationcom website.
But labor substitution was stopped and DOL is currently auditing/investigating so many who used it. If you used labor substitution, you mostly should find that your I-140 is not getting adjudicated these days.
Interfiling while being the same company is totally illegal. Its tantamounts to fabricating the job requirements or asking you HR to "create a job position".
I whole heartedly support all EB3s who were qualified for EB2 when they filed their EB3 and we will keep this clause in mind when preparing the lawsuit.
Rest.. good luck.. you might even get your I-140 (or GC) approved based on PD porting ... but we will make sure that you get investigated eventually and the "incorrect decision" overturned.
Infact, we had seen similar opposition when we spoke against labor substitution in 2004 on immigrationcom website.
But labor substitution was stopped and DOL is currently auditing/investigating so many who used it. If you used labor substitution, you mostly should find that your I-140 is not getting adjudicated these days.
Interfiling while being the same company is totally illegal. Its tantamounts to fabricating the job requirements or asking you HR to "create a job position".
I whole heartedly support all EB3s who were qualified for EB2 when they filed their EB3 and we will keep this clause in mind when preparing the lawsuit.
Rest.. good luck.. you might even get your I-140 (or GC) approved based on PD porting ... but we will make sure that you get investigated eventually and the "incorrect decision" overturned.
kalinga_sena
04-30 02:54 PM
heavy traffic!!!
cheg
07-23 04:03 PM
"my PD were current in 2005.
One thing is confirmed:
When PD are "current" they approve cases based on RD.
My guess is in Oct or Nov 2007 PD would retrogress to jan/may-2004 for EB3 India. So hang in there guys!!..They will approve a lot of cases with older RD by Sept 30. They are hell bent on not wasting any visa numbers henceforth."
PD for EB3 India in the June Visa Bulletin was 1st June 2003, meaning all those whose Priority Date on the LC on or before 01st June 2003 are eligible to apply for the next 2 stages.
If so, how could someone with a PD of Aug 2004 in EB3 India apply? Perhaps I am missing something.
One thing is confirmed:
When PD are "current" they approve cases based on RD.
My guess is in Oct or Nov 2007 PD would retrogress to jan/may-2004 for EB3 India. So hang in there guys!!..They will approve a lot of cases with older RD by Sept 30. They are hell bent on not wasting any visa numbers henceforth."
PD for EB3 India in the June Visa Bulletin was 1st June 2003, meaning all those whose Priority Date on the LC on or before 01st June 2003 are eligible to apply for the next 2 stages.
If so, how could someone with a PD of Aug 2004 in EB3 India apply? Perhaps I am missing something.
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