lifestrikes
06-03 05:18 PM
Refer to Page 5 of Neufled Memo (http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf)
It shows self employment and H1B cannot prove employer-employee relationship.
>>If so, H1B visa requires proof of salary, whereas owners in an LLC cannot be employed by the LLC. Any ideas on how to solve this paradox?
My understanding after reading Nolo's LLC guide is that when you file LLC, if you don't state who will be Members and Managers. then everyone by default will be Members and Managers. If you are going to work, then you should be stated as Manager in Operating agreement.
It shows self employment and H1B cannot prove employer-employee relationship.
>>If so, H1B visa requires proof of salary, whereas owners in an LLC cannot be employed by the LLC. Any ideas on how to solve this paradox?
My understanding after reading Nolo's LLC guide is that when you file LLC, if you don't state who will be Members and Managers. then everyone by default will be Members and Managers. If you are going to work, then you should be stated as Manager in Operating agreement.
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logiclife
12-05 12:47 PM
Online tracking or toll-free numbers tracking is really useless. It doesnt say much about the content of correspondence.
The automated messages(online and phone) say one of the 5-6 standard recorded messages. Nothing more. If there is an RFE, its says there was an "Inquiry". It doesnt say what the RFE was about whehter it was about the beneficiary or the employer. If you talk to a live person, they say that you are not entitled to information as you are the beneficiary and you need to talk to the petitioner or lawyer of the petitioner.
What you need is COPIES of everything that the lawyer sends out to USCIS. Preferably BEFORE he sends out that fedex. So that you can verify yourself if they have made typos or mistakes in names, dates, etc.(most common paperwork errors).
The automated messages(online and phone) say one of the 5-6 standard recorded messages. Nothing more. If there is an RFE, its says there was an "Inquiry". It doesnt say what the RFE was about whehter it was about the beneficiary or the employer. If you talk to a live person, they say that you are not entitled to information as you are the beneficiary and you need to talk to the petitioner or lawyer of the petitioner.
What you need is COPIES of everything that the lawyer sends out to USCIS. Preferably BEFORE he sends out that fedex. So that you can verify yourself if they have made typos or mistakes in names, dates, etc.(most common paperwork errors).
SR2610
07-12 02:25 PM
I got different answers from Khanna and Murthy.
Khanna office saying we can apply for 485 with old priority date(140 will be approved with new pritority date), murthy office said it's better to get 140 approval with old priority date and then go for 485.
check with your attorney.
Khanna office saying we can apply for 485 with old priority date(140 will be approved with new pritority date), murthy office said it's better to get 140 approval with old priority date and then go for 485.
check with your attorney.
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yagw
07-30 01:04 PM
Thanks.
Now something that had been on top of my mind for long. Does anyone know how to make Google include subjective interpretation to search query? I will elaborate ...
Say you want to search for all the work been done or being done on say "teapot". Normally you type in "teapot" in search bar and Google will dump millions of results. And those results would be screened objectively based on the search query i.e. "teapot". But interestingly, "kettle" is also a synomous for "teapot" but since the search was objectively driven, this subjective association would be excluded. This is just an example, I framed to explain my point.
A quick answer to above would be to include any synomous words, but we all know in techonological world and especially in the IP area, their could numerous ways to hid the information while maintaining it on public forums. If you have been engaged in IP development, you will understand what I am talking about.
Google has wonderwheel added recently which displays related items to your search keyword (not necessarily synonyms) in a map.
Now something that had been on top of my mind for long. Does anyone know how to make Google include subjective interpretation to search query? I will elaborate ...
Say you want to search for all the work been done or being done on say "teapot". Normally you type in "teapot" in search bar and Google will dump millions of results. And those results would be screened objectively based on the search query i.e. "teapot". But interestingly, "kettle" is also a synomous for "teapot" but since the search was objectively driven, this subjective association would be excluded. This is just an example, I framed to explain my point.
A quick answer to above would be to include any synomous words, but we all know in techonological world and especially in the IP area, their could numerous ways to hid the information while maintaining it on public forums. If you have been engaged in IP development, you will understand what I am talking about.
Google has wonderwheel added recently which displays related items to your search keyword (not necessarily synonyms) in a map.
more...
rustum
07-15 04:47 PM
It should be new procedure for each person.
Thanks for your information. I have filled out my information and added spouse and child pending cases after adding my case. When i tried to start new procedure for spouse and child, it is giving me error that i have already notified the address change. Asked me to contact back after 45days.
I guess, it should be ok.
Thanks for your information. I have filled out my information and added spouse and child pending cases after adding my case. When i tried to start new procedure for spouse and child, it is giving me error that i have already notified the address change. Asked me to contact back after 45days.
I guess, it should be ok.
nixstor
10-25 06:08 PM
I posted my comment about legal High Skilled immigration.
See my comment #263
I just skimmed through the page and I see that there are 7 or 8 questions on Highly Skilled Immigration. Any one interested can post their Q as well so that we can make more impact. There are only 300 Q's and I hope he addresses Legal Immigration. Post your Q's. He is an expected Senatorial Candidate in 2008 out of VA.
See my comment #263
I just skimmed through the page and I see that there are 7 or 8 questions on Highly Skilled Immigration. Any one interested can post their Q as well so that we can make more impact. There are only 300 Q's and I hope he addresses Legal Immigration. Post your Q's. He is an expected Senatorial Candidate in 2008 out of VA.
more...
thomachan72
05-18 02:27 PM
I am not saying everything is great or I read every line of what he post....but there are at some articles from "Yanks are Coming" related to health care passage, wall street..you get some useful info in them..i am not here to argue with anyone..i just posted my thought...
No, I was not arguing with you either. I suppor the idea that any person could post any article in this forum (except posts that are clearly countering/damaging our agenda). These certainly could be very useful for lot of people who are "actually wise" unlike those like me who want everything simplified. The articles to me were very detailed and "long" and I clearly lack the ability to read complicated material for long:o:o. That is what prevented me from reading them.
No, I was not arguing with you either. I suppor the idea that any person could post any article in this forum (except posts that are clearly countering/damaging our agenda). These certainly could be very useful for lot of people who are "actually wise" unlike those like me who want everything simplified. The articles to me were very detailed and "long" and I clearly lack the ability to read complicated material for long:o:o. That is what prevented me from reading them.
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smuggymba
05-11 03:30 PM
If we don't stop this EB1C fraud completely by the MNCs for their so called managers, our EB3s will be the big loosers who are legally waiting for years and years having a very better qualifications and an experiances than any of the so called managers. This helps EB2 I & C to be current. Yes it will because every year we could expect about 25k spill over from EB1 itself. That helps for EB3s porting/spilling.
.
I just send hard copy letters again this week. Costs nothing, great impact.
This is NUMBER 1 ACTION ITEM for EB3 friends.
.
I just send hard copy letters again this week. Costs nothing, great impact.
This is NUMBER 1 ACTION ITEM for EB3 friends.
more...
surabhi
08-11 11:21 AM
So you are good to go. This means, when the company applied for your H1, they also applied for your wife's extension using form I-539.
When your wife presents the I-797 in her name, a new I-94 will be given upto 12/25/2009.
There are few cases, where out of ignorance or negligence, they do not apply I-539 while applying for H1, thereby jeopardising h4 status.
In your case, it has been done right. so no worries.
When your wife presents the I-797 in her name, a new I-94 will be given upto 12/25/2009.
There are few cases, where out of ignorance or negligence, they do not apply I-539 while applying for H1, thereby jeopardising h4 status.
In your case, it has been done right. so no worries.
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logiclife
02-03 11:06 AM
The bill seems to apply to future PhD candidates who will come on an "F4" visa. Will current PhD candidates who will graduate on an F1 visa be similarly able to adjust status after 1 year of employment? If it does not, the potential benefits will be seen only after 4-6 years, which is when new candidates on an F4 visa will be getting their PhDs!
Also, are these clauses applicable to PhDs in the life sciences? The actual language seems to talk about the "physical sciences", which I think excludes the biological sciences/ biotech, one of the areas of greatest advancements in recent and future years!
Interested individuals should contact lawmakers about these points and have them amend it!
If they do implement a new F4 visa, they will allow you to transfer to F4 status I believe. And then current PhDs would be getting the benefit of the new law. Its unlikely that biological science are not a part of physical sciences. What they mean when they say "Physical" sciences is that other sciences like Tom Cruise's scientology and stuff like astrology/palmistry and other fake science is not included as a field in which one could do PhD and obtain GC.
Also, are these clauses applicable to PhDs in the life sciences? The actual language seems to talk about the "physical sciences", which I think excludes the biological sciences/ biotech, one of the areas of greatest advancements in recent and future years!
Interested individuals should contact lawmakers about these points and have them amend it!
If they do implement a new F4 visa, they will allow you to transfer to F4 status I believe. And then current PhDs would be getting the benefit of the new law. Its unlikely that biological science are not a part of physical sciences. What they mean when they say "Physical" sciences is that other sciences like Tom Cruise's scientology and stuff like astrology/palmistry and other fake science is not included as a field in which one could do PhD and obtain GC.
more...
desighee
03-05 10:32 AM
on H4 u can spend time fighting with your spouse.According to USCIS Memo this is permissible
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anilsal
12-28 09:37 AM
I think it was the period when the formal retrogression phenomenon started.
more...
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ski_dude12
10-08 11:40 PM
I remember the anticipation among IV members before the monthly bulletin came out. As many EB2 folks have got GC looks like the craze has died down. Very few replies to the visa bulletin thread.
I wish everyone gets their GC's sooner than later.
I wish everyone gets their GC's sooner than later.
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sk2006
03-01 05:21 PM
Friends,
I have Canada PR since October 2006. In October this year I will complete 3 years since landing in Canada. The rule to maintain PR is that one should live in Canada for at least 2 years in a 5 year period. Since I have not lived in Canada more that a couple of weeks since landing, will I be allowed to move to Canada after completing 3 years outside Canada or will I be sent back from the border? Has anyone moved to Canada after living outside for more than 3 years since landing? Please advise.
Thanks.
Sometime back when I inquired the same, I was told that canada is lenient about this rule and there were instances when people were allowed to come even after staying more than 3 years outside canada but then recently somebody told me that they are becoming more strict now.
I have Canada PR since October 2006. In October this year I will complete 3 years since landing in Canada. The rule to maintain PR is that one should live in Canada for at least 2 years in a 5 year period. Since I have not lived in Canada more that a couple of weeks since landing, will I be allowed to move to Canada after completing 3 years outside Canada or will I be sent back from the border? Has anyone moved to Canada after living outside for more than 3 years since landing? Please advise.
Thanks.
Sometime back when I inquired the same, I was told that canada is lenient about this rule and there were instances when people were allowed to come even after staying more than 3 years outside canada but then recently somebody told me that they are becoming more strict now.
more...
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pappu
12-17 03:42 PM
2001 - dot com bubble burst;
2008 - finance bubble burst;
Our GC journeys have spanned 2 recessions and we could not even take advantage of the slight boom in the middle...how pathetic.
Dates were current till 2005. They were again current in between.
So it has been a game of luck. Many people got GCs and may even have citizenship by now. Until 2005 your luck depended on the state your labor was filed from.
2008 - finance bubble burst;
Our GC journeys have spanned 2 recessions and we could not even take advantage of the slight boom in the middle...how pathetic.
Dates were current till 2005. They were again current in between.
So it has been a game of luck. Many people got GCs and may even have citizenship by now. Until 2005 your luck depended on the state your labor was filed from.
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Leo07
10-15 03:41 PM
Friends,
I'm in a position where I have to file for I-140 again. In short, my company was purchased and I had to refile I-140 under the new company's name. Since the new company does not pay for Premium processing, I'll have to shell out the Premium processing fee from my pocket.
I need your honest opinion as to whether I must file with premium or regular? My PD: is June 2007.
I appreciate all your comments!
I'm in a position where I have to file for I-140 again. In short, my company was purchased and I had to refile I-140 under the new company's name. Since the new company does not pay for Premium processing, I'll have to shell out the Premium processing fee from my pocket.
I need your honest opinion as to whether I must file with premium or regular? My PD: is June 2007.
I appreciate all your comments!
more...
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Circus123
10-06 08:42 PM
Guys,
I just wanted to get an opinion of the gurus whether a person can deal with stock trading while on H1-B visa. Can someone point me to some documentation or laws on this? I plan to open an account with e-trade/scott trade .... Your comments are appreciated.
I just wanted to get an opinion of the gurus whether a person can deal with stock trading while on H1-B visa. Can someone point me to some documentation or laws on this? I plan to open an account with e-trade/scott trade .... Your comments are appreciated.
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pmb76
07-17 07:00 PM
my lawyer missed the 2nd july deadline even when he had all the papers. Now i am asking him to meet 30th july deadline he is not responding . what are the papers needed to file I485. Can I file it without lawyers help? He does have my immunization papers
Below is a rough checklist I prepared for myself:
1. Six Photographs with name on back in pencil. YES
2. Copy of Birth Certificate with affidavits from Parents. YES
3. Checks for Filing fees. YES
4. Completed forms I-485, G-325A, G-28, I-765 and I-131. YES
5. Color Copies of passports. YES
6. Copy of I-94 both sides. YES
7. Copies of F-1 visa, I-20, OPT EAD and H1B visas. YES
8. Copies of W2s and tax returns for the years 2004, 2005 and 2006. YES
9. Medical examination Report. YES
11. Letter of Employment. YES
12. Copy of EAD and EAD application receipt. YES
13. Bank statement. YES
Below is a rough checklist I prepared for myself:
1. Six Photographs with name on back in pencil. YES
2. Copy of Birth Certificate with affidavits from Parents. YES
3. Checks for Filing fees. YES
4. Completed forms I-485, G-325A, G-28, I-765 and I-131. YES
5. Color Copies of passports. YES
6. Copy of I-94 both sides. YES
7. Copies of F-1 visa, I-20, OPT EAD and H1B visas. YES
8. Copies of W2s and tax returns for the years 2004, 2005 and 2006. YES
9. Medical examination Report. YES
11. Letter of Employment. YES
12. Copy of EAD and EAD application receipt. YES
13. Bank statement. YES
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dish
03-23 11:46 AM
Is the talent bill already introduced in the senate ?
TALENT Bill
A bill to Keep America Innovative �Through the Advancement of Legal and Educated New Talent�
H-1B and Nonimmigrant Visa System:
� Exempts U.S. Educated Knowledge (USEK) workers with advanced degrees from the H-1B cap. (�101)
� Restores H-1B1 visa numbers to the overall cap. (�201)
� Creates a market-based H-1B cap where unused visas fall forward annually. (�201)
� Establishes a �W� visa for professionals as a first step to permanent residence that permits entry or change of status to the new nonimmigrant category under the condition that the employer files a labor certification or immigrant petition within 18 months of initial admission. (�201)
� Eliminates 214(b) for certain non-immigrants. (�203)
� Extends foreign students� post curricular OPT to 24 months. (�203)
Employment-based Immigrant Visa System:
� Revises the current EB-1, EB-2, EB-3 and EB-4 worker preference categories, exempting an expanded EB-1 group from the EB cap, including USEK workers who have earned an advanced degree. Additionally, exempts the expanded EB-1 group from the requirement of labor attestation. (�102)
� Subjects the revised EB-2 and EB-3 group of workers to the annual cap and either labor attestation without recruitment or labor attestation with recruitment. (�102)
� Subjects the revised EB-4 group of workers to the annual cap and labor certification. (�102)
(OR in the alternative)
� Exempts USEK workers with advanced degrees from the EB cap. (�102)
� Exempts USEK workers with advanced degrees from the labor certification requirement. Recognizes that American employers need to hire the best-qualified personnel, and not just �minimally qualified� labor, to remain competitive. (�102)
(AND)
� Creates a market-based EB cap where unused visas fall forward annually, and exempts EB-1s, while eliminating per-country quotas. (�202)
� Includes reconciliation language that allows those pending in the EB backlogs to file for an immigrant petition, without regard to the EB cap. Such an adjustment of status application could not be approved until a visa became available. (�102)
� Exempts EB immigrant spouses and children from the cap. (�202)
Additional �Band-Aids�:
� Requires a pre-certification processing system for petitions. (�301)
� Enforces AC21 30 day and six-month processing times. (�301)
� Extends L-1 status in one-year increments for those caught in the EB backlogs. (�302)
� Provides for continued work authorization and travel upon a timely filing of a renewal application to extend authorization for 240 days. (�303)
� Permits work authorization for spouses of specialty occupation (H-1B) professionals. (�201)
TALENT Bill
A bill to Keep America Innovative �Through the Advancement of Legal and Educated New Talent�
H-1B and Nonimmigrant Visa System:
� Exempts U.S. Educated Knowledge (USEK) workers with advanced degrees from the H-1B cap. (�101)
� Restores H-1B1 visa numbers to the overall cap. (�201)
� Creates a market-based H-1B cap where unused visas fall forward annually. (�201)
� Establishes a �W� visa for professionals as a first step to permanent residence that permits entry or change of status to the new nonimmigrant category under the condition that the employer files a labor certification or immigrant petition within 18 months of initial admission. (�201)
� Eliminates 214(b) for certain non-immigrants. (�203)
� Extends foreign students� post curricular OPT to 24 months. (�203)
Employment-based Immigrant Visa System:
� Revises the current EB-1, EB-2, EB-3 and EB-4 worker preference categories, exempting an expanded EB-1 group from the EB cap, including USEK workers who have earned an advanced degree. Additionally, exempts the expanded EB-1 group from the requirement of labor attestation. (�102)
� Subjects the revised EB-2 and EB-3 group of workers to the annual cap and either labor attestation without recruitment or labor attestation with recruitment. (�102)
� Subjects the revised EB-4 group of workers to the annual cap and labor certification. (�102)
(OR in the alternative)
� Exempts USEK workers with advanced degrees from the EB cap. (�102)
� Exempts USEK workers with advanced degrees from the labor certification requirement. Recognizes that American employers need to hire the best-qualified personnel, and not just �minimally qualified� labor, to remain competitive. (�102)
(AND)
� Creates a market-based EB cap where unused visas fall forward annually, and exempts EB-1s, while eliminating per-country quotas. (�202)
� Includes reconciliation language that allows those pending in the EB backlogs to file for an immigrant petition, without regard to the EB cap. Such an adjustment of status application could not be approved until a visa became available. (�102)
� Exempts EB immigrant spouses and children from the cap. (�202)
Additional �Band-Aids�:
� Requires a pre-certification processing system for petitions. (�301)
� Enforces AC21 30 day and six-month processing times. (�301)
� Extends L-1 status in one-year increments for those caught in the EB backlogs. (�302)
� Provides for continued work authorization and travel upon a timely filing of a renewal application to extend authorization for 240 days. (�303)
� Permits work authorization for spouses of specialty occupation (H-1B) professionals. (�201)
iv_only_hope
08-15 09:30 AM
Just had a general question. The 797 thats approved for any person, is that for a specific consulate? If we want to go for stamping to another consulate what do we do? Is that a lengthy procedure. Thanks friends.
maheshf
02-20 01:23 PM
I do have copy of approved I-140 from company A and asked for the old priority dates on Old I-140 when applied for new I-140. Not sure if it matters
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