Green.Tech
06-16 05:25 PM
Stay on top!
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test101
07-05 03:45 PM
Cantwell office is responding. They are talked to me and actually taking care of personal cases and majority casses. Phone number: (202) 224-3441.
They transfered me to a voice mail that Olia black where she care of these issues.
Call people.
They transfered me to a voice mail that Olia black where she care of these issues.
Call people.
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...)???
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sanju_dba
09-08 10:45 AM
Came here in july 1997
filed LC in 2003 thinking it would be useful to stay on H1 as long as possible!! and the rest is on my profile..
I wonder if anybody thinks it makes sense to create a law which simply says after 15 (or some X years) of legal presence in the US you will be given a GC no matter the back ground! In that way we know exactly where the deadline is irrespective of some government agency's whim.
to make it more arbitrable, how about if one completes the 40 tax credits and is clean of criminal records.
filed LC in 2003 thinking it would be useful to stay on H1 as long as possible!! and the rest is on my profile..
I wonder if anybody thinks it makes sense to create a law which simply says after 15 (or some X years) of legal presence in the US you will be given a GC no matter the back ground! In that way we know exactly where the deadline is irrespective of some government agency's whim.
to make it more arbitrable, how about if one completes the 40 tax credits and is clean of criminal records.
more...
sri1309
08-13 07:45 PM
Guys,
We saw the September bulletin..
We knew what to expect..
But we were all a little hopeful to see some miracle happen.
And we were doing this every month.
NOW comes the count down we all were waiting for the last few months. Oct bulletin. In that, most of us are expecting some good news.. But what if it moves 3 months forward.. What if it moves 2 years forward. Then it will stop there for next 1 year, while we check every month.. Then it moves back.. Do we want this..
Its not going to make much difference to most of us here.
THIS IS THE TIME TO ACT NOW. We must all do some campaign may be flowers, may be cards, or I donno.
I have written today to all the six members or reps to help us, but a bunch of mails will not help. JUst imagine if all the people in waiting sent the letters. Imagine 100,000 mails going to each of them, or 100,000 flower bouquets going to all.
Please please, lets act now. These small fixes cannot help us. If they want to put any quota limit, that should be at the main entry level whatever the non-immigrant category. Not at the other point when people start applying for GCs and suffocate here. We dont deserve this.
Please Lets act now., ONce again.. We did it in the past and it helped..
We need to do it again... Together we can do it. Together ONLY we can do it..
EB2 guys and others who got approved.. Please dont forget what you went thru. Please put more efforts and help all in case you can .
Sri.
We saw the September bulletin..
We knew what to expect..
But we were all a little hopeful to see some miracle happen.
And we were doing this every month.
NOW comes the count down we all were waiting for the last few months. Oct bulletin. In that, most of us are expecting some good news.. But what if it moves 3 months forward.. What if it moves 2 years forward. Then it will stop there for next 1 year, while we check every month.. Then it moves back.. Do we want this..
Its not going to make much difference to most of us here.
THIS IS THE TIME TO ACT NOW. We must all do some campaign may be flowers, may be cards, or I donno.
I have written today to all the six members or reps to help us, but a bunch of mails will not help. JUst imagine if all the people in waiting sent the letters. Imagine 100,000 mails going to each of them, or 100,000 flower bouquets going to all.
Please please, lets act now. These small fixes cannot help us. If they want to put any quota limit, that should be at the main entry level whatever the non-immigrant category. Not at the other point when people start applying for GCs and suffocate here. We dont deserve this.
Please Lets act now., ONce again.. We did it in the past and it helped..
We need to do it again... Together we can do it. Together ONLY we can do it..
EB2 guys and others who got approved.. Please dont forget what you went thru. Please put more efforts and help all in case you can .
Sri.
druminator
04-30 04:53 PM
am I the only one who noticed that they admitted that although FIFO is a nice idea, it's impractical (for them) and that it's NOT how they do it (but it's written all over their literature) ?
what I got from it is: they are overwhelmed, they have not real idea of what is going on in the offices and how much it cost for the agency and the country to push people out.
what I got from it is: they are overwhelmed, they have not real idea of what is going on in the offices and how much it cost for the agency and the country to push people out.
more...
srikondoji
08-02 03:56 PM
I had an email conversation with my lawyer regarding 180 day portability.
She said that the count for 180 days should begin with notice date for safe side.
However the count begins with Receipt Date which is a day or 2 off from the actual application receive date (mail received date).
This is what i got from my lawyer.
She said that the count for 180 days should begin with notice date for safe side.
However the count begins with Receipt Date which is a day or 2 off from the actual application receive date (mail received date).
This is what i got from my lawyer.
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paskal
07-11 12:16 PM
is there any way, any way in this whole freakin process, that we can get some sort of explanation for eb3-I first hand from DOS or USCIS? i mean there needs to be some justification for the acts? i know there are laws to interpret these dates, but how do we know that those laws are interpreted correctly by DOS or USCIS? though i am in eb3-I , jan 2003, i personally know atleast 3 folks who are in 2002 - eb3-I. Can we get some sort of guidance here.
i will ask the iv folks who keep in touch with USCIS if they know anything. AFAIK though, USCIS has come out with no answers other than quoting the non availability of adequate visa numbers. if there is any more info i will let you know...
i will ask the iv folks who keep in touch with USCIS if they know anything. AFAIK though, USCIS has come out with no answers other than quoting the non availability of adequate visa numbers. if there is any more info i will let you know...
more...
snathan
02-13 10:42 PM
Well. Your parents and in laws may not need your money. But defintely IV needs it. So contribute at
http://immigrationvoice.org/forum/showthread.php?t=23597&page=1000
I will. Thanks for rounding up.
Whats the meaning of this...
http://immigrationvoice.org/forum/showthread.php?t=23597&page=1000
I will. Thanks for rounding up.
Whats the meaning of this...
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amitjoey
07-13 04:45 PM
Please add little personal details, Post it with a stamp, no need for certified copy. Add your name, address and contact no, in a letter format. so you can get a response.
more...
desi485
03-17 07:26 PM
Which part says that you are not eligible? Please elaborate.
both husband-wife should have SSN.
what about july filers. Most have received SSN for H4 by now.
those who already filed using ITIN might be at loss.
both husband-wife should have SSN.
what about july filers. Most have received SSN for H4 by now.
those who already filed using ITIN might be at loss.
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ThinkTwice
07-20 10:07 AM
Did you know that Aman Kapoor the founder of IV has contributed $64000 of his personal money towards the efforts of IV? Yes that is correct Sixty Four Thousand USD. http://www.businessweek.com/bwdaily/...eek+exclusives
I was dumbfounded when I first found this out. The man must have real conviction, courage and belief in himself and this effort to do such a selfless act and I am not even talking about the hours and hours of time, mental energy, physical stress and emotional capital he must have invested into OUR effort and I am not talking about all that because that is immeasurable and there is not much we can do to repay all that back but apart from being for ever indebted there is something we can do.
We can reach for our wallets and repay IV core members who have contributed selflessly to OUR cause.
Every one of us has benefited in some way or the other because of our association to IV and who do we have to thank but the core team who have put so much on the line for OUR cause.
Please join in this effort to reimburse the expenses incurred by IV core to fight for OUR cause. Join http://immigrationvoice.org/forum/showthread.php?t=10708
I was dumbfounded when I first found this out. The man must have real conviction, courage and belief in himself and this effort to do such a selfless act and I am not even talking about the hours and hours of time, mental energy, physical stress and emotional capital he must have invested into OUR effort and I am not talking about all that because that is immeasurable and there is not much we can do to repay all that back but apart from being for ever indebted there is something we can do.
We can reach for our wallets and repay IV core members who have contributed selflessly to OUR cause.
Every one of us has benefited in some way or the other because of our association to IV and who do we have to thank but the core team who have put so much on the line for OUR cause.
Please join in this effort to reimburse the expenses incurred by IV core to fight for OUR cause. Join http://immigrationvoice.org/forum/showthread.php?t=10708
more...
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apahilaj
05-01 10:28 AM
Any takers?
So, where is the bill going next? Sorry guys, haven't heard the recording but just going by the thread it seems like this hearing didn't go as expected...
Is the bill going to die prematurely or is it going any where?
So, where is the bill going next? Sorry guys, haven't heard the recording but just going by the thread it seems like this hearing didn't go as expected...
Is the bill going to die prematurely or is it going any where?
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ajay
03-22 12:23 AM
I am in a bind now, appreciate any advice,
I am planning on using my EAD to switch to another job in a couple of months. Meanwhile I have booked tickets for May 26th to send my son to India for the summer. He has H4 stamped in his passport valid till 2010.
My question is
**Can my son come back on H4 even though I use my EAD to change jobs ?
**Does he need to have advance parole ? Even if I apply for AP tomorrow, chances are very slim that he will get it before he leaves on May 26th.
Thanks in Advance
I am planning on using my EAD to switch to another job in a couple of months. Meanwhile I have booked tickets for May 26th to send my son to India for the summer. He has H4 stamped in his passport valid till 2010.
My question is
**Can my son come back on H4 even though I use my EAD to change jobs ?
**Does he need to have advance parole ? Even if I apply for AP tomorrow, chances are very slim that he will get it before he leaves on May 26th.
Thanks in Advance
more...
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bidhanc
03-11 10:51 AM
I guess it's not a VERY GOOD IDEA THEN.
In all the docs that I went thru I could not see a difference between
"I-140 approved/I-485 pending and porting" and "I-140/I-485 pending and porting" (most docs refer to the latter).
I am guessing when it comes to "porting", both are the same in the eyes of USCIS??
(What I mean to ask is there any leniency with an approved I-140 and then trying to port?)
Anyone see otherwise?
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
as per this document, you can port to yourself. (Question #8)
But below are the reasons why I am backing off of opening an LLC on spouse name and porting to that.
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4654000912&m=8231099851
also google 'UntanglingSkein_BIB_15jan07.pdf"
http://www.morganlewis.com/pubs/UntanglingSkein_BIB_15jan07.pdf
"This suggests, fairly clearly, that any communication to the USCIS per the Cronin Memo that the adjustment applicant intends to become self-employed is likely to trigger an RFE to inquire into the legitimacy of this arrangement. Legitimacy in this context is likely to be gauged by the concrete steps the beneficiary has taken in furtherance of the self-employment arrangement, understanding that only full-time and permanent employment will suffice for immigration purposes. Such steps would include the completion of legal and corporate formalities, the securing of financing, the purchase or lease of business premises and equipment,the development of a detailed business plan, the hiring of employees, and any other measures typically taken in the establishment of a business. Vague aspirational statements, however ambitious, about future plans to develop a business are unlikely, in the absence of tangible proof, to be accepted as probative of the requisite legitimacy of the self-employer and job offer."
Also, one relevant footnote in the document -
"At the AILA National Conference in 2003, a USCIS officer indicated that an attempt to invoke �106(c) in a selfemployment context is likely to raise �a big red flag� for an adjudicator, and that self-employment may be viewed as �an easy alternative� for aliens who are unable to find employment to sustain their adjustment-of-status applications. Schorr & Yale-Loehr, supra note 2, at 499. It should also be noted that the Memos view the possibility of an adjustment applicant becoming a public charge (and thus being inadmissible under INA �212(a)(4)) as being �a relevant inquiry� and that an RFE requesting information about a self-employment arrangement is likely to probe whether or not the applicant has sufficient financial resources to avoid becoming such a public charge."
In all the docs that I went thru I could not see a difference between
"I-140 approved/I-485 pending and porting" and "I-140/I-485 pending and porting" (most docs refer to the latter).
I am guessing when it comes to "porting", both are the same in the eyes of USCIS??
(What I mean to ask is there any leniency with an approved I-140 and then trying to port?)
Anyone see otherwise?
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
as per this document, you can port to yourself. (Question #8)
But below are the reasons why I am backing off of opening an LLC on spouse name and porting to that.
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4654000912&m=8231099851
also google 'UntanglingSkein_BIB_15jan07.pdf"
http://www.morganlewis.com/pubs/UntanglingSkein_BIB_15jan07.pdf
"This suggests, fairly clearly, that any communication to the USCIS per the Cronin Memo that the adjustment applicant intends to become self-employed is likely to trigger an RFE to inquire into the legitimacy of this arrangement. Legitimacy in this context is likely to be gauged by the concrete steps the beneficiary has taken in furtherance of the self-employment arrangement, understanding that only full-time and permanent employment will suffice for immigration purposes. Such steps would include the completion of legal and corporate formalities, the securing of financing, the purchase or lease of business premises and equipment,the development of a detailed business plan, the hiring of employees, and any other measures typically taken in the establishment of a business. Vague aspirational statements, however ambitious, about future plans to develop a business are unlikely, in the absence of tangible proof, to be accepted as probative of the requisite legitimacy of the self-employer and job offer."
Also, one relevant footnote in the document -
"At the AILA National Conference in 2003, a USCIS officer indicated that an attempt to invoke �106(c) in a selfemployment context is likely to raise �a big red flag� for an adjudicator, and that self-employment may be viewed as �an easy alternative� for aliens who are unable to find employment to sustain their adjustment-of-status applications. Schorr & Yale-Loehr, supra note 2, at 499. It should also be noted that the Memos view the possibility of an adjustment applicant becoming a public charge (and thus being inadmissible under INA �212(a)(4)) as being �a relevant inquiry� and that an RFE requesting information about a self-employment arrangement is likely to probe whether or not the applicant has sufficient financial resources to avoid becoming such a public charge."
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husker
07-18 01:26 PM
Following a one time contribution I signed up for $20 re-occurring (Jan 2007). I have discontinued that to go to $50 now! I think if anyone wants to THANK and appreciate the work all IV volunteers did, they should be do so by paying. No thank you cards no flowers....just reoccurring contribution!
more...
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GOTGC
07-24 03:46 PM
EB5 doesn't need I-140. In fact EB5 does not apply with I-485, EB5 application# is I-526. Either we are missing out some crucial information on LuckyPaji's case or he is having little fun at our expense. They haven't even completed receipting June 29 cases. This guy is just playing with us or his dates are completely wrong.
Since it is absolutely impossible with EB3 Sep 2006 PD I thought he might have applied in a different category..Do not know the specifics of EB5...Incase what you said is true whatever that guy said is just a JOKE!
Since it is absolutely impossible with EB3 Sep 2006 PD I thought he might have applied in a different category..Do not know the specifics of EB5...Incase what you said is true whatever that guy said is just a JOKE!
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gsc999
07-19 06:30 AM
A small contribution for the future goals....$500 today and more to come....
Thank you IV for your time, effort and support through the emotional roller coaster.
Shatabdi & Amit: Great! Thank you for your large donations of $500 each.
Thank you IV for your time, effort and support through the emotional roller coaster.
Shatabdi & Amit: Great! Thank you for your large donations of $500 each.
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ita
08-25 08:13 PM
I'm looking for homeloan options in India. Which bank would be good to apply for home loans.
Was thinking about ICICI bank but got scared after going through the other thread about how ICICI bank is into stealing.
I would appreciate it if anyone can give me few suggestions on this.
Thank you.
Was thinking about ICICI bank but got scared after going through the other thread about how ICICI bank is into stealing.
I would appreciate it if anyone can give me few suggestions on this.
Thank you.
mohitb272
09-13 11:18 AM
Guys, I wont be able to make it to DC since I have a FP appointment on that date but I made my contribution of $100. Good luck!!!
Business Name:
Immigration Voice (The recipient of this payment is Verified)
Email:
donations@immigrationvoice.org
--------------------------------------------------------------------------------
Total Amount:
-$100.00 USD
--------------------------------------------------------------------------------
Item Amount:
$100.00 USD
Shipping:
$0.00 USD
Handling:
$0.00 USD
Quantity:
1
Item Title:
Contributions
Item Number:
Contributions
Date:
Sep. 13, 2007
Time:
08:37:31 PDT
Status:
Completed
Business Name:
Immigration Voice (The recipient of this payment is Verified)
Email:
donations@immigrationvoice.org
--------------------------------------------------------------------------------
Total Amount:
-$100.00 USD
--------------------------------------------------------------------------------
Item Amount:
$100.00 USD
Shipping:
$0.00 USD
Handling:
$0.00 USD
Quantity:
1
Item Title:
Contributions
Item Number:
Contributions
Date:
Sep. 13, 2007
Time:
08:37:31 PDT
Status:
Completed
arc
03-01 06:05 PM
Or have hit midlife crisis? Now suddenly after reading all this I feel like giving up too... take whatever I have saved, put in the bank in our homeland and live on interest if I get 8% interest I will be happy, do charity work if possible start a business or just retire...no work... Stare at the Wall :)
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