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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sunnysharma
07-18 04:28 PM
My application was sent on June, 14th and delivered on June 15th (I have the FedEx tracking info and signature page confirming 6/15).
The case status online based on receipt number (obtained by calling them a few times until I got lucky) says:
"On July 11, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case."
Not sure if the online status is referring to the receipt date or the notice date when it says "On July 11, 2007, we received" when, in fact, they received it on June 15th!!
.
You will be able to see your actual RD in the reciept notice...Donot worry..
The case status online based on receipt number (obtained by calling them a few times until I got lucky) says:
"On July 11, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case."
Not sure if the online status is referring to the receipt date or the notice date when it says "On July 11, 2007, we received" when, in fact, they received it on June 15th!!
.
You will be able to see your actual RD in the reciept notice...Donot worry..
NKR
09-10 11:20 AM
Just curious, is it possible they have some reasoning to push applications to the end of the year? it'll be interesting to think of what could be the reason...
There is no reason for this madness, stop analysing, it will drive you crazy..
There is no reason for this madness, stop analysing, it will drive you crazy..
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sriteam
07-20 09:40 AM
This is unbelievable . Most Dems are against this???
more...
maximus777
06-11 10:25 AM
In a weird way, I feel this is good news. An old saying in China says 'Things will turn to their opposite at their extremes'. The moment before dawn is the darkest hour of the day.
USCIS is a different beast altogether - it defies all logic!
USCIS is a different beast altogether - it defies all logic!
laborchic
09-25 09:55 AM
great info vparam and others.. ;) I am as well thinking on same grounds..
Has anyone done and research on what are the benefits of being LLC- S(single self employed) or to work for your wife's company (after she gets EAD) as compared to being on a regular payroll in a company..
I know you can show up your car/ cellphone/ homephone/ and some misc food expenses as for your business.
Has anyone done any detailed research on what is better?
Has anyone done and research on what are the benefits of being LLC- S(single self employed) or to work for your wife's company (after she gets EAD) as compared to being on a regular payroll in a company..
I know you can show up your car/ cellphone/ homephone/ and some misc food expenses as for your business.
Has anyone done any detailed research on what is better?
more...
pankajkakkar
08-08 02:40 PM
Pankaj, the writeup is spot on except for the above. I am not sure it takes anyone in the EB category, 20 years to get the GC. It may happen in the future if retrogression is not fixed.
IMHO, it is important that we stick to facts when we write articles/op eds etc.
OK, I edited the text to make it clearer that 20-25 years applies only to some family based immigrants. Let me know if it reads OK (grammar etc.) after the edits.
Pankaj
IMHO, it is important that we stick to facts when we write articles/op eds etc.
OK, I edited the text to make it clearer that 20-25 years applies only to some family based immigrants. Let me know if it reads OK (grammar etc.) after the edits.
Pankaj
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Jaime
09-12 04:45 PM
Will do more tonight
more...
delhirocks
07-21 03:57 PM
There are no US embassies on US soil..I think you meant USCIS local office and are alluding to "interim" EADs. USCIS discontinued that practice last year.
I thought if we dont get the EAD after 90 days, we can walk into the US Embassy in the city nearer to us and get the EAD on the spot(more like a driver's license).:eek:
I thought if we dont get the EAD after 90 days, we can walk into the US Embassy in the city nearer to us and get the EAD on the spot(more like a driver's license).:eek:
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vayumahesh
01-10 11:36 AM
Finally a happy ending to my green card journey. Received our cards on Saturday. Thank You IV and I wish all the best for everyone.
more...
bpratap
05-15 05:24 PM
The bank is GMAC.
this is a bank owned property, and there is a pre-condition that we should use their bank for the loan.
Wondering how to explain the VISA situation in a way they would understand.
this is a bank owned property, and there is a pre-condition that we should use their bank for the loan.
Wondering how to explain the VISA situation in a way they would understand.
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webm
04-02 11:47 AM
fyi..
When ever you start working on EAD (filled I-9 form??)..then technically H1-B status will get invalidated...
PS:there are lot of posts here that discussed on the same...for the above source of information.
When ever you start working on EAD (filled I-9 form??)..then technically H1-B status will get invalidated...
PS:there are lot of posts here that discussed on the same...for the above source of information.
more...
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ags123
02-09 07:29 PM
The first bulletin with Eb1 and Eb2 spill over.
Last year:
Mar 2008- India Eb2 U
Apr 2008- India-Eb2 01 Dec 03
This year may be:
Mar 2009- India Eb2 15 Feb 04
Apr 2009- India Eb2 28 Feb 05 (My PD :))
Last year:
Mar 2008- India Eb2 U
Apr 2008- India-Eb2 01 Dec 03
This year may be:
Mar 2009- India Eb2 15 Feb 04
Apr 2009- India Eb2 28 Feb 05 (My PD :))
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immi_seeker
09-28 10:10 PM
This is very bad . considering the fact that people have been put in to this endless wait of retrogression. FY2006 they wasted 11k visas and the whole year dates were retrogressed for most of the countries
more...
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GCwaitforever
06-20 02:44 PM
One of my friends received labor approval from Philly. His priority is October 2003, EB3, Non-RIR. Of course, my PD is from November 2001 and one other guy's is from August 2002. They were not processed, but my friend got a break from the drab BEC. Strange things happen in life. :)
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sam2006
07-19 01:27 AM
thank you raju
Contributed $100 yesterday.
Will contribute again next month.
Keep up the good work.
___________________________
Total Contribution So Far $175+
Contributed $100 yesterday.
Will contribute again next month.
Keep up the good work.
___________________________
Total Contribution So Far $175+
more...
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lskreddy
04-30 03:01 PM
Mr. Aytes talked about procedural changes that they undertook which moved them away from First in, first out. They are now approving petitions (not just adjustments -485's) which would have an opportunity to immigrate sooner, like a person from ROW.
No wonder my 140 is stuck..Damn..
No wonder my 140 is stuck..Damn..
girlfriend Gibson presents their
LostInGCProcess
09-10 12:53 PM
Please help me understand this:
The Dept. of State's web site has the visa bulletin for SEpt 2008 as:
EB INDIA
--------------------
1st C
2nd 01AUG06
3rd U
And the US Consulate's web site at Mumbai has:
EB INDIA
------------
E1 Current
E2 1 April 2003
So, how come Consulates got the latest information? Why not post this on the DOS page too by the DOS?
I am so sick and tired of this whole process of GC. I am starting to question myself if this entire process of wait, is worth at all? If you are illegal, you are free in this country, if you are legal they scrutiny your papers with a microscope....I am sick, totally sick. There is a limit to patience, too.:mad::mad::mad:
The Dept. of State's web site has the visa bulletin for SEpt 2008 as:
EB INDIA
--------------------
1st C
2nd 01AUG06
3rd U
And the US Consulate's web site at Mumbai has:
EB INDIA
------------
E1 Current
E2 1 April 2003
So, how come Consulates got the latest information? Why not post this on the DOS page too by the DOS?
I am so sick and tired of this whole process of GC. I am starting to question myself if this entire process of wait, is worth at all? If you are illegal, you are free in this country, if you are legal they scrutiny your papers with a microscope....I am sick, totally sick. There is a limit to patience, too.:mad::mad::mad:
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Bpositive
06-24 11:10 AM
Constraints to doing work to your fullest potential, negatively impacts the individual and the society which he/she is part of...so personal loss is loss for the society...
And of course, the longer term impact is that the US won't attract the best talent...
And of course, the longer term impact is that the US won't attract the best talent...
legalVoice
05-03 09:56 AM
Maybe it would be eating and sleeping... if they get bored with that they might approve 1 or 2 cases.
I keep hearing that DOL has allocated more resources to entering data. Does it really take so much effort to perform data entry. One of our customer is a large multinational company that has hired a few interns to convert huge stacks of paper files into electronic format by manually entering data into the system. These paper files go back decades, and these 5-6 interns have been making great progress.
In contrast, how long does it take to enter 300K cases into the system? Besides, if they have hired about 100 additional people or so, why are they using case reviewers to enter data? Can't they use interns to perform such low-skill job while continuing to use reviewers to perform their primary task?
My company recently interviewed a fresh computer science college graduate who is working with DOL in entering data. I wish we had hired him so that I could talk to him more about his job duties there.
I keep hearing that DOL has allocated more resources to entering data. Does it really take so much effort to perform data entry. One of our customer is a large multinational company that has hired a few interns to convert huge stacks of paper files into electronic format by manually entering data into the system. These paper files go back decades, and these 5-6 interns have been making great progress.
In contrast, how long does it take to enter 300K cases into the system? Besides, if they have hired about 100 additional people or so, why are they using case reviewers to enter data? Can't they use interns to perform such low-skill job while continuing to use reviewers to perform their primary task?
My company recently interviewed a fresh computer science college graduate who is working with DOL in entering data. I wish we had hired him so that I could talk to him more about his job duties there.
cdeneo
02-09 03:02 AM
You have gotten a lot of feedback already here, just some additional practical advice-
1. You need to decide whether you will be happy comprising for the rest of your life just so that you can protect your baby' life? Make a decision thinking long term if you think your marriage will work or not.
2. As long as you are in the US - be sure you are aware of the legal laws and don't do anything that will go against you (harrassment, abuse, etc). Allegations can be made but do not do anything in anger/frustration that acts as evidence against you in the future.
3. Make sure your wife DOES NOT TAKE THE CHILD AND LEAVE THE COUNTRY UNDER THE PRETEXT OF A VACATION. Cause if that happens then you will be blackmailed for your child and my advise would be to not travel to India under any circumstance since laws there are totally against the MEN.
3. If you decide to go for a divorce, find a good lawyer and get all the information. Do it in the US - laws in India will be in your wife's favor.
4. In general do not travel to India until you are assured that these issues are settled and you won't get stuck in India even if you go there only for a vacation.
5. Record conversations and build proof incase things go bad in the future. Do not take this lightly - this will be your only savior if false allegations are put against you in India.
Hi,
I been a member of IV for a long time and just to keep myself anonymous for a while I created this account. I am so sorry for opening a thread in a completely irrelevant forum but I have no idea what to do. So, I request all the members to please help me by providing some kind of information.
Here is my story:
I came to US in 2002 and completed masters and been working since then. I got married couple of years ago. Whatever the monetary gifts the girls parents gave as part of the marriage, I put all that in an account on the girls name within 2 days of the marriage. We came to India and from then on the problems started. She and her parents want me to separate from my parents and support their family by sending money to their parents which I couldn't do. How can I leave my parents in their old age when they worked very hard to give a decent life. She has been harassing me mentally for this all the time. Recently her parents have been threatening me saying they will file dowry case in India if I don't send money or cut myself off from my parents. I provided for the girl in all possible ways, even encouraged her to join school to get a masters degree which she stopped soon. We had a baby recently and my parents visited us to help us with the baby. She started harassing them too by saying something or other.
I am very frustrated at this situation and I don't know what to do. I am on H1B and applied for 485 too. At times I feel like applying for divorce but when I think about my little baby I am not able to take that step. The house we currently live in, I bought long before the marriage. It came to a situation where we cannot live together. I cannot ask her to go out of the house because she doesn't have anywhere to go and with the baby even if she leaves, it will be very tough. I said I will leave the house and stay in a apartment for which she threatens to commit suicide. So, I don't know what to do. I am worried about my baby because between all this my baby's life will be spoiled and I don't want that. Can anyone please tell me what I can do in this matter?
Thank you very much for taking time to read this.
1. You need to decide whether you will be happy comprising for the rest of your life just so that you can protect your baby' life? Make a decision thinking long term if you think your marriage will work or not.
2. As long as you are in the US - be sure you are aware of the legal laws and don't do anything that will go against you (harrassment, abuse, etc). Allegations can be made but do not do anything in anger/frustration that acts as evidence against you in the future.
3. Make sure your wife DOES NOT TAKE THE CHILD AND LEAVE THE COUNTRY UNDER THE PRETEXT OF A VACATION. Cause if that happens then you will be blackmailed for your child and my advise would be to not travel to India under any circumstance since laws there are totally against the MEN.
3. If you decide to go for a divorce, find a good lawyer and get all the information. Do it in the US - laws in India will be in your wife's favor.
4. In general do not travel to India until you are assured that these issues are settled and you won't get stuck in India even if you go there only for a vacation.
5. Record conversations and build proof incase things go bad in the future. Do not take this lightly - this will be your only savior if false allegations are put against you in India.
Hi,
I been a member of IV for a long time and just to keep myself anonymous for a while I created this account. I am so sorry for opening a thread in a completely irrelevant forum but I have no idea what to do. So, I request all the members to please help me by providing some kind of information.
Here is my story:
I came to US in 2002 and completed masters and been working since then. I got married couple of years ago. Whatever the monetary gifts the girls parents gave as part of the marriage, I put all that in an account on the girls name within 2 days of the marriage. We came to India and from then on the problems started. She and her parents want me to separate from my parents and support their family by sending money to their parents which I couldn't do. How can I leave my parents in their old age when they worked very hard to give a decent life. She has been harassing me mentally for this all the time. Recently her parents have been threatening me saying they will file dowry case in India if I don't send money or cut myself off from my parents. I provided for the girl in all possible ways, even encouraged her to join school to get a masters degree which she stopped soon. We had a baby recently and my parents visited us to help us with the baby. She started harassing them too by saying something or other.
I am very frustrated at this situation and I don't know what to do. I am on H1B and applied for 485 too. At times I feel like applying for divorce but when I think about my little baby I am not able to take that step. The house we currently live in, I bought long before the marriage. It came to a situation where we cannot live together. I cannot ask her to go out of the house because she doesn't have anywhere to go and with the baby even if she leaves, it will be very tough. I said I will leave the house and stay in a apartment for which she threatens to commit suicide. So, I don't know what to do. I am worried about my baby because between all this my baby's life will be spoiled and I don't want that. Can anyone please tell me what I can do in this matter?
Thank you very much for taking time to read this.
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