gapala
03-04 10:01 AM
First of all EAD is not a status. You need to provide them details on whether you are on H1B or AOS / Parolee (if used AP to travel or EAD to work).
Hope this helps.
Hope this helps.
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vparam
09-24 03:23 PM
VPARAM, can you pls tell me the procedure/process of opening a company? You can PM me if you want pls.
i think I have stated it earlier...
for handsfree , you could either do it through accountant or legalzoom.com once you set up the company, you need to get your Federal tax id for the company, then file for any local city business license ( few cities have that requirement), Open a bank account...
Please PM me if you still have questions... In this thread I had posted my reply and also given the accountant details , who helped me...
i think I have stated it earlier...
for handsfree , you could either do it through accountant or legalzoom.com once you set up the company, you need to get your Federal tax id for the company, then file for any local city business license ( few cities have that requirement), Open a bank account...
Please PM me if you still have questions... In this thread I had posted my reply and also given the accountant details , who helped me...
arkrish68
09-27 12:45 PM
Arrived in early 2001
started processing GC in 2003
filed 1st application in 2003 - application went to backlog elimination center
left the company, filed second application in March 2006 - EB2
got I 140 approval in 2006
applied for I485 in June 2007
Waiting till today for the I485 approval
started processing GC in 2003
filed 1st application in 2003 - application went to backlog elimination center
left the company, filed second application in March 2006 - EB2
got I 140 approval in 2006
applied for I485 in June 2007
Waiting till today for the I485 approval
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diptam
08-06 08:59 AM
I'm finding it hard in getting the 7001 from employer - they are saying that its not our pplicy to nag USCIS on matters like I-140 stuck for 16 months. Basically they are very happy that i'm stuck and they can continue siphoning fat chunk of my billing ..... but they never say it that way, always say nice and good things on my face.
what to do ? Shall i send only the letter to Ombudsman ? While working with Local congressman's office i sent a letter and they allowed me to sign consent form on behalf of my employer. I mean my employer was supposed to sign the consent form but CM's office knows employers will never sign so they got around it just to help me.
Can we do something like that here - sign on the 7001 and write "on behalf of the employer " ???
Raydon, thanks for expressing your situation. But I still feel we are not requesting TSC to expedite our cases. All we are asking his, please do justice to us and follow the FIFO for the I-140 petitions. TSC has been consistently approving cases filed in recently and just continuing to ignore our cases. If you can explain your attorney, I am sure he will understand. Or atleast have him, fill out form 7001 on your behalf and send his own letter explaining the situation to Ombudsman's office.
I understand that I-140 is employer petition, but it ulitmately belongs to you. So you need to do whatever you can do some how convince your employer or attorney to assist you one time. I-485 is your petition, and you do not need any consent, if you need to send a letter to Ombudsman's office. So please try your best and see if you can mail the form & letter to Ombudsman's office.
what to do ? Shall i send only the letter to Ombudsman ? While working with Local congressman's office i sent a letter and they allowed me to sign consent form on behalf of my employer. I mean my employer was supposed to sign the consent form but CM's office knows employers will never sign so they got around it just to help me.
Can we do something like that here - sign on the 7001 and write "on behalf of the employer " ???
Raydon, thanks for expressing your situation. But I still feel we are not requesting TSC to expedite our cases. All we are asking his, please do justice to us and follow the FIFO for the I-140 petitions. TSC has been consistently approving cases filed in recently and just continuing to ignore our cases. If you can explain your attorney, I am sure he will understand. Or atleast have him, fill out form 7001 on your behalf and send his own letter explaining the situation to Ombudsman's office.
I understand that I-140 is employer petition, but it ulitmately belongs to you. So you need to do whatever you can do some how convince your employer or attorney to assist you one time. I-485 is your petition, and you do not need any consent, if you need to send a letter to Ombudsman's office. So please try your best and see if you can mail the form & letter to Ombudsman's office.
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mundada
06-11 04:29 PM
Buddy you are right! I was at my relative's place and they received their GCs recently about a year ago.
They were happy that the govt. is doing all kinds of H1-B checks and restricting immigration. I am not saying they are bad people but rising costs of living (not only because of inflation (?) but mainly because of growing children which require paying for swimming, paying for paino, etc., house maintenance, updating furniture, etc.) make people to behave in a certain way. They were all worried because immigration in IT was depressing their salaries and blah blah. It's natural cycle of life and very tough to be financially independent but then bajrangbali is exception as he could predict in march what well fargo would be in june and today he can predict what well fargo will be in september!
Nitinboston is right. He is not saying that we do not deserve it. Just saying that we should not behave that we are entitled to it. The Govt did not promise that one will get green card in X years...and broke that promise. Yes, the system is flawed and all sorts of people get ahead in line..and some get stuck.
However, this crazy rants critizing the country where we want to settle down is a bit hypocritical. If you hate so much...please leave...its a choice.
Once again, I am not saying we do not fight for improvement..and better quotas..better visa allocation (and more of them). But let us not behave like bad guests.
I am personally suffering big time despite being in the country for 10 years..and will support initiatives. But I will not behave like as if I have been wronged. If one feels so wronged..please pack up and leave. If you think you have been cheated of your social security...by all means...please go to a country where you can earn more money and keep all that.
Once all of us become citizens...we will then start wondering that our jobs are being taken away by new immigrants..and the cycle continues........
They were happy that the govt. is doing all kinds of H1-B checks and restricting immigration. I am not saying they are bad people but rising costs of living (not only because of inflation (?) but mainly because of growing children which require paying for swimming, paying for paino, etc., house maintenance, updating furniture, etc.) make people to behave in a certain way. They were all worried because immigration in IT was depressing their salaries and blah blah. It's natural cycle of life and very tough to be financially independent but then bajrangbali is exception as he could predict in march what well fargo would be in june and today he can predict what well fargo will be in september!
Nitinboston is right. He is not saying that we do not deserve it. Just saying that we should not behave that we are entitled to it. The Govt did not promise that one will get green card in X years...and broke that promise. Yes, the system is flawed and all sorts of people get ahead in line..and some get stuck.
However, this crazy rants critizing the country where we want to settle down is a bit hypocritical. If you hate so much...please leave...its a choice.
Once again, I am not saying we do not fight for improvement..and better quotas..better visa allocation (and more of them). But let us not behave like bad guests.
I am personally suffering big time despite being in the country for 10 years..and will support initiatives. But I will not behave like as if I have been wronged. If one feels so wronged..please pack up and leave. If you think you have been cheated of your social security...by all means...please go to a country where you can earn more money and keep all that.
Once all of us become citizens...we will then start wondering that our jobs are being taken away by new immigrants..and the cycle continues........
ksrk
09-10 05:57 PM
Considering 7% country quota and 26.7% EB2 quota of 140k, we get 2800 visa for EB2 annually. For first month this number comes out to be 234. Considering 1.2 dependents this means 106 families get GC under EB2.
I am sure they have more than 106 cases before the cutoff of 1 April 2003. This may also include people delayed by background checks.
Hi Sachug22,
I think the calculation is made this way...
Total EB2 numbers = 28.6% of total number = 40040 (for all countries)
Available each quarter = 10010
However, per country allocation can't exceed 7% (of total number allowed per quarter, not of the 28.6%) - limits to 2450 <-- each for India and China.
Applying 7% of 28.6% of one quarter of 140000 (as you did) is severely restrictive (not that 2450 is a great number per quarter for the first and second quaters of the fiscal year).
Either way, your point might still hold that there are enough folks waiting (with PD prior to April '03) to account for these in October '08.
[In the hope that some analysis like this might release the pressure set upon by the latest announcement...]
I am sure they have more than 106 cases before the cutoff of 1 April 2003. This may also include people delayed by background checks.
Hi Sachug22,
I think the calculation is made this way...
Total EB2 numbers = 28.6% of total number = 40040 (for all countries)
Available each quarter = 10010
However, per country allocation can't exceed 7% (of total number allowed per quarter, not of the 28.6%) - limits to 2450 <-- each for India and China.
Applying 7% of 28.6% of one quarter of 140000 (as you did) is severely restrictive (not that 2450 is a great number per quarter for the first and second quaters of the fiscal year).
Either way, your point might still hold that there are enough folks waiting (with PD prior to April '03) to account for these in October '08.
[In the hope that some analysis like this might release the pressure set upon by the latest announcement...]
more...
lonedesi
08-11 03:31 PM
Hey,
Looks like my employer will fill up the 7001 form but how about the main letter. Does that needs to be signed and addressed by employer as well ?
Because the Link for 7001 doesn't talk about sending a separate cover letter.
http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm
Thanks,
Diptam
Your employer does not need to sign the letter. You can sign the letter. On section 12 of the form 7001 mention " please see the attached letter" and then include the letter to be mailed to Ombudsman's office.
Looks like my employer will fill up the 7001 form but how about the main letter. Does that needs to be signed and addressed by employer as well ?
Because the Link for 7001 doesn't talk about sending a separate cover letter.
http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm
Thanks,
Diptam
Your employer does not need to sign the letter. You can sign the letter. On section 12 of the form 7001 mention " please see the attached letter" and then include the letter to be mailed to Ombudsman's office.
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learning01
04-25 02:32 PM
I had already told you that I am not an admin. I said we will focus. I am sorry if you are mistaken.
Tell me, convince me how this discussion of the PD will help in our goals of IV.
We have a CIR that is going no where. We need to dicuss what he said, she said about CIR and what is happening or going to happen in senate. We don't have time to discuss this PD.
If you want to discuss, do it by all means. We will only be wavering from the focus. Tha's my point.
Priority Date -> Date of arrival. Ba, hum bug
Learning01,
There is too much curbing of free speech, you admins are taking a heavy handed approach to discussions. Deleting posts at will, diverting topics at whims and fancies...
Let there be discussins, there is nothing wrong in floating ideas.. allow members to express. Not every idea needs to be implemented.
This sort of arrogance is not going help anybody's cause.
Just my two cents...
Tell me, convince me how this discussion of the PD will help in our goals of IV.
We have a CIR that is going no where. We need to dicuss what he said, she said about CIR and what is happening or going to happen in senate. We don't have time to discuss this PD.
If you want to discuss, do it by all means. We will only be wavering from the focus. Tha's my point.
Priority Date -> Date of arrival. Ba, hum bug
Learning01,
There is too much curbing of free speech, you admins are taking a heavy handed approach to discussions. Deleting posts at will, diverting topics at whims and fancies...
Let there be discussins, there is nothing wrong in floating ideas.. allow members to express. Not every idea needs to be implemented.
This sort of arrogance is not going help anybody's cause.
Just my two cents...
more...
lonedesi
08-05 11:16 AM
Don't we need the consent of the petitioner (employer)? Please see the line item # 15.
Yes, you will need the consent of your I-140 petitioner (employer) to send this form. So there is no point in sending the form, if you cannot get your employer to sign it. Basically, its an employer petition and hence Ombudsman's office their consent to assist you.
Yes, you will need the consent of your I-140 petitioner (employer) to send this form. So there is no point in sending the form, if you cannot get your employer to sign it. Basically, its an employer petition and hence Ombudsman's office their consent to assist you.
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tikka
07-18 08:29 PM
Contributed 100$. Thanks, IV!
for your contribution..:)
for your contribution..:)
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vparam
09-18 09:41 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.
Easy way out... if you are married then your spouse could be the president (owner) and you could be a SW dev or whast so ever it states in 140/ labor.
you need a bank account for your company, you could run your payroll by buying quicken business and issue check for you as employee... Mind your business is separate from you employment... that you cannot take all the earning as salary, some as salary, some as profits is possible
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.
Easy way out... if you are married then your spouse could be the president (owner) and you could be a SW dev or whast so ever it states in 140/ labor.
you need a bank account for your company, you could run your payroll by buying quicken business and issue check for you as employee... Mind your business is separate from you employment... that you cannot take all the earning as salary, some as salary, some as profits is possible
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needhelp!
09-10 03:26 PM
Thank you k3GC, ngodisha, Karthikthiru, deba, watcher , ek_akela, mpadapa
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trueguy
08-04 04:45 PM
How about if we frame a well thought out letter..and present facts and start mass mailing - maybe once a month - every month. That we they will hear from us every month - in bulk.
How about if we dont use words like bonded etc and just repeatedly request the system to be repaired. Use of words like bonded etc can send a wrong signal.
We can also add our stories in there to give that emotional/human touch - eg. I can say that I have been in this country since 1999 and still waiting. If I look at my W-2s from 2001 (when I started working), I must have consistently paid about 10k in taxes to the Federal Govt and another 3k to the State every year. that makes my tax contribution to about 90k-100k in 8years..I think thats huge and I am still waiting, for being a tax paying and law abiding citizen just because the Immigration system is broken. I am a recruiter and I recruit US Citizens in large numbers for large govt projects, offering them really high salaries - while I am helping them "indirectly" realize their American Dream - my dreams are nowhere in the horizon. My wife works in the Child Welfare System and she helps broken families get back on their feet - while she is putting together their broken families - our family is still stranded in the system with no sign of moving forward.
Just a passing thought! I thought I should run this by you all. Thanks for reading.
yes, we need a more refined and professional letter that has a better impression and give us some results. Any help from IV?
Thanks.
How about if we dont use words like bonded etc and just repeatedly request the system to be repaired. Use of words like bonded etc can send a wrong signal.
We can also add our stories in there to give that emotional/human touch - eg. I can say that I have been in this country since 1999 and still waiting. If I look at my W-2s from 2001 (when I started working), I must have consistently paid about 10k in taxes to the Federal Govt and another 3k to the State every year. that makes my tax contribution to about 90k-100k in 8years..I think thats huge and I am still waiting, for being a tax paying and law abiding citizen just because the Immigration system is broken. I am a recruiter and I recruit US Citizens in large numbers for large govt projects, offering them really high salaries - while I am helping them "indirectly" realize their American Dream - my dreams are nowhere in the horizon. My wife works in the Child Welfare System and she helps broken families get back on their feet - while she is putting together their broken families - our family is still stranded in the system with no sign of moving forward.
Just a passing thought! I thought I should run this by you all. Thanks for reading.
yes, we need a more refined and professional letter that has a better impression and give us some results. Any help from IV?
Thanks.
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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:
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kushaljn
07-15 11:56 AM
Just sent $10 for me and my wife.
Citibank - Reference Number: 10136
Citibank - Reference Number: 10136
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sbmallik
09-13 02:33 PM
I am not promoted. I believe my case is based on my MS + couple of years exp. All these details are what ever I know. Please seek expert attorney advice. I think attorney knows better based on our situation.
Good news!! Next step is to file I-140 (is your employer filing in premium processing?) and upon approval, interfile with the existing I-485 application to port the priority date.
Good news!! Next step is to file I-140 (is your employer filing in premium processing?) and upon approval, interfile with the existing I-485 application to port the priority date.
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mhathi
05-02 08:51 AM
Is a h1b holder a nonresident alien or a resident alien ? It says on IRS site that you dont get stimulus if you are a nonresident alien.
An H1B holder is a resident for tax puposes as long as you meet the substantial presence test. This is evident from the fact that when you file taxes, you file 1040 or 1040EZ. Not 1040NR. When I was a student, I filed 1040NREZ. After graduation, I am required to file 1040.
An H1B holder is a resident for tax puposes as long as you meet the substantial presence test. This is evident from the fact that when you file taxes, you file 1040 or 1040EZ. Not 1040NR. When I was a student, I filed 1040NREZ. After graduation, I am required to file 1040.
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ameryki
01-10 07:37 PM
Hello All I just received mine and my wifey's AP's. We weren't able to track our file since did not get a receipt and did not have the file numbers. But to my knowledge my lawyer had sent our app's on Aug 1st. The AP shows approved on Dec 7th and we received it from the lawyer today now when I checked online status with the file number stated on the approval it shows "On December 26, 2007 we mailed the document to the address we have on file". So in practicality out of the 12 months an applicant looses a month in transition time from being approved to physically seeing the approval in hand.
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JunRN
08-19 07:47 PM
Unfortunately, there isn't a fast lane for nurses. If your PD is April 31, 2007, my advise to you is to monitor the monthly Visa Bulletin and once your PD becomes current, you will know that it is just a few months ahead. For now, with the current turn of events, without the fast lane for nurses, you are looking at two years of waiting.
beppenyc
03-08 01:23 PM
Barriers? Means walls? Does Senator Kennedy is in or is still at lunch?:)
i4u
05-06 03:00 PM
called one more round - both sets.
Build the pressure..........
Build the pressure..........
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