la6470
06-03 09:45 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.
He can do whatever he damn well wants to do .. I totally applaud him/her if he is making 300K a year and my advice to him/her is that you should not care wether you have a h1b or not, GC or not etc. Just make sure that you deposit your earnings in swiss banks and whenever USCIS throws you out show them the middle finger and go live in Aruba,. We are all ballless human being if we try to play by the rules of this game of discrimination. My advice is "Go Grab whatever you can"
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.
He can do whatever he damn well wants to do .. I totally applaud him/her if he is making 300K a year and my advice to him/her is that you should not care wether you have a h1b or not, GC or not etc. Just make sure that you deposit your earnings in swiss banks and whenever USCIS throws you out show them the middle finger and go live in Aruba,. We are all ballless human being if we try to play by the rules of this game of discrimination. My advice is "Go Grab whatever you can"
ndialani
11-19 03:42 PM
2 weeks back , An agent from Homeland security came to visit my office and spoke to my Employer and me . He wanted to make sure , i work there and everything is true.
He also saw all the H1B documents and took photos of our dental office.
So ,yup! it is true. I m working there since 2003 and just got another extension till 2012 on H1B. Still waiting for GC!!!
He also saw all the H1B documents and took photos of our dental office.
So ,yup! it is true. I m working there since 2003 and just got another extension till 2012 on H1B. Still waiting for GC!!!
chantu
12-06 10:46 AM
I think, if you don't have labor doc, you can go to FLCDataCenter.com (http://www.flcdatacenter.com/) and search for MS Access document for the year when you file for the labor. If you have the number from the LC doc, search for that number in the access file and you will find the details of your case.
ss2005
06-17 04:12 PM
Hi GCCovet,
Thank you.
I did H1 transfer and notified USCIS abt my new job.
My old guy is not going to revoke it and also agreed to use the same attorney.
Thank you.
I did H1 transfer and notified USCIS abt my new job.
My old guy is not going to revoke it and also agreed to use the same attorney.
more...
Saralayar
04-10 11:52 AM
My EAD is going to expire in 3 months and I am filing for my renewal now. What can be done if you don't get the EAD renewal response before the expiry of the current one ?
I heard somewhere, that if you don't receive the renewal notice within 60 days, then you can approach the local USCIS office and get a temporary EAD card for 90 days.
Anybody knows more ?
Also, generally do folks approach their lawyers for extension filing or they do it themselves?
Thanks,
------------------------
EB3 PD Mar 2003
I-485, AP, EAD filed in July 07
EAD expiring on July 31st 2008.
[I posted this on another thread under "EAD Filing Fees" but it did not show up on the first page- hence reposting it...]
It is a new EAD and not an extension of your old EAD. You can go online and e-file and there is no need for a lawyer. As you have all your GC details including your Alien #, it is very straight forward.
I heard somewhere, that if you don't receive the renewal notice within 60 days, then you can approach the local USCIS office and get a temporary EAD card for 90 days.
Anybody knows more ?
Also, generally do folks approach their lawyers for extension filing or they do it themselves?
Thanks,
------------------------
EB3 PD Mar 2003
I-485, AP, EAD filed in July 07
EAD expiring on July 31st 2008.
[I posted this on another thread under "EAD Filing Fees" but it did not show up on the first page- hence reposting it...]
It is a new EAD and not an extension of your old EAD. You can go online and e-file and there is no need for a lawyer. As you have all your GC details including your Alien #, it is very straight forward.
brij523
03-01 07:32 AM
Hi All,
After so much meeting reminder we had encouraging crowd of two people who participated for the meeting. The decision of the meeting was - we will continue with our foolishness of raising the awareness of Senator and Congressmember, call immigration reporter to cover our story.
I still believe and hope some people may join to help themself. Let me be very frank - I or significant others are in this effort as long as our purpose are not met. After that I will probably say good bye and let next generation take the lead.
Please join to help yourself before it is toooo late. There is no doubt that most of us will be in a situation where you lost job, your wife leaves you because she can't work!!, you have emergency in family but you can't go, you have job but can't process your H1B. You want to do something but you know you did not act when time was ripe. Repenting at that time will not fetch you anything and no one will be around you. Today you may find some companionship.
Please come forward. CIR is something which will help you not hurt you. If you want to do things in background that is also fine. You can contact reporter, Senator office and Congress representative office. Once you have a positive lead, let IV take care from there.
Time is NOW or NEVER. CIR Iron rod is getting heated now. Strike it within one month, while it is hot, to give the shape you want to give otherwise it will be cold and you can not do anything but weap and crib.
After so much meeting reminder we had encouraging crowd of two people who participated for the meeting. The decision of the meeting was - we will continue with our foolishness of raising the awareness of Senator and Congressmember, call immigration reporter to cover our story.
I still believe and hope some people may join to help themself. Let me be very frank - I or significant others are in this effort as long as our purpose are not met. After that I will probably say good bye and let next generation take the lead.
Please join to help yourself before it is toooo late. There is no doubt that most of us will be in a situation where you lost job, your wife leaves you because she can't work!!, you have emergency in family but you can't go, you have job but can't process your H1B. You want to do something but you know you did not act when time was ripe. Repenting at that time will not fetch you anything and no one will be around you. Today you may find some companionship.
Please come forward. CIR is something which will help you not hurt you. If you want to do things in background that is also fine. You can contact reporter, Senator office and Congress representative office. Once you have a positive lead, let IV take care from there.
Time is NOW or NEVER. CIR Iron rod is getting heated now. Strike it within one month, while it is hot, to give the shape you want to give otherwise it will be cold and you can not do anything but weap and crib.
more...
questions
06-10 03:29 PM
Kothuri you are most helpful. I agree and think I will benefit from filing one, but am concerned about the cost involved doing so.
I currently cannot rely on my former employers lawyer and will have to pay for this myself.
Can you give me an indication on the total amount of hours spend by your lawyer/total cost for doing this on your behalf?
I currently cannot rely on my former employers lawyer and will have to pay for this myself.
Can you give me an indication on the total amount of hours spend by your lawyer/total cost for doing this on your behalf?
eb3_nepa
02-08 04:09 PM
Guys complaining that the Indian Govt will not help us is nothing but a cry-baby thing. Ofcourse we get last preference! The Government in India will Obviously help the Indians in India first. I mean the country gave us our education and we turned our backs to it "so to speak". When the country was in trouble we escaped it, now that it is doing well, we expect it to solve our problems and crib that it is doing nothing for us? Let's not forget, we can STILL go back and lead great lives there, but we CHOOSE to be here.
I am all for exploring different avenues to solve this crisis. But at the same time i request all the members on here to please refrain from India/Indian Government bashing. It is very easy to keep asking what the Indian government has done for its ppl. If you go to India today, u will see a Sea of change from as late as 2000. The economy is doing great and ppl are happier than ever. Maybe the Govt had a hand in it maybe it didnt, but pls do not publicly ridicule ur own country and its Government on public boards like this. I am sorry if i am stirring a controversy here, but that is not my aim.
I am all for exploring different avenues to solve this crisis. But at the same time i request all the members on here to please refrain from India/Indian Government bashing. It is very easy to keep asking what the Indian government has done for its ppl. If you go to India today, u will see a Sea of change from as late as 2000. The economy is doing great and ppl are happier than ever. Maybe the Govt had a hand in it maybe it didnt, but pls do not publicly ridicule ur own country and its Government on public boards like this. I am sorry if i am stirring a controversy here, but that is not my aim.
more...
Canadianindian
07-06 11:25 AM
http://www.washingtonpost.com/wp-dyn/content/discussion/2007/06/30/DI2007063000525.html
Please post on the question on USCIS/DOS mess up, if there are enough people asking the same question then they migh answer it
This is what I asked:
Can the USCIS explain the mental, physical and financial trauma caused to 400,000 LEGAL immigrants. This illegal and reckless actions by the USCIS needs immediate attention by the law makers.
What is USCIS doing to address this 300 million dollar fiasco. We need some response and justice. Please help (www.immigrationvoice.org)
Please post on the question on USCIS/DOS mess up, if there are enough people asking the same question then they migh answer it
This is what I asked:
Can the USCIS explain the mental, physical and financial trauma caused to 400,000 LEGAL immigrants. This illegal and reckless actions by the USCIS needs immediate attention by the law makers.
What is USCIS doing to address this 300 million dollar fiasco. We need some response and justice. Please help (www.immigrationvoice.org)
bekugc
07-14 11:06 AM
can2004;
Go online, change ur address on record with INS/DHS and also for any pending INS petition u have curently.
dont have any fears like "oh if i change now will it screw up my on going...". nothing -ve will happen. worst ive heard is - something gets returned back to INS, you make a phone call and remind bout address change u have already done, and in 2 weeks they resend the doc to new address.
its the law, and they have made it damn easy for u to follow; so just do it.
if u want example - i myself moved 20 days ago, did online addr change. i had applied for ead renewal in may, INS sent ead card to my new address only...so the system works...i also know 3 other 485 cases where address chg was done, they had no prob receivng GC at the new addresses, no -ve affect.
thanks
Go online, change ur address on record with INS/DHS and also for any pending INS petition u have curently.
dont have any fears like "oh if i change now will it screw up my on going...". nothing -ve will happen. worst ive heard is - something gets returned back to INS, you make a phone call and remind bout address change u have already done, and in 2 weeks they resend the doc to new address.
its the law, and they have made it damn easy for u to follow; so just do it.
if u want example - i myself moved 20 days ago, did online addr change. i had applied for ead renewal in may, INS sent ead card to my new address only...so the system works...i also know 3 other 485 cases where address chg was done, they had no prob receivng GC at the new addresses, no -ve affect.
thanks
more...
gc_on_demand
05-20 10:46 AM
Members
Please participate in this survey.. This will help people who didnot get a chance to file for AOS
Please participate in this survey.. This will help people who didnot get a chance to file for AOS
bhagat69
02-27 09:27 AM
Hi, I am actually in the same boat as you. Though I have an April 2006 PD for EB3 and am now on EAD as well.
Question1: Is it better to try and port my EB3 to EB2 with a different employer. Isn't GC for future employment ? If so, can't I negotiate with another employer and file new labour under EB2 and try and port my priority date from EB3 ? Also, if I do this will my current employer find out ?
Questions2: What is the process for porting EB3 to EB2 without current employer finding out ? What documents are required ? My current employer is not going to give me a copy of my I-140 or my Labour Cert. All I have is the receipt notice of my I-485 filing and my AP/EAD documents.
Questions3: Is it possible that since there are so many India EB2 applicants and fewer India EB3 applicants that it is better to stick with EB3 April 2006 PD ? Dosen't a seperate quota get allocated to EB3 than that which gets allocated to EB2 each year or will EB3 always be behind EB2? Please advise.
I will really appreciate someone who has experience with these issues to advise me on them.
NOTE: Can someone please tell me how I can create my own new thread on immigration voice.
Question1: Is it better to try and port my EB3 to EB2 with a different employer. Isn't GC for future employment ? If so, can't I negotiate with another employer and file new labour under EB2 and try and port my priority date from EB3 ? Also, if I do this will my current employer find out ?
Questions2: What is the process for porting EB3 to EB2 without current employer finding out ? What documents are required ? My current employer is not going to give me a copy of my I-140 or my Labour Cert. All I have is the receipt notice of my I-485 filing and my AP/EAD documents.
Questions3: Is it possible that since there are so many India EB2 applicants and fewer India EB3 applicants that it is better to stick with EB3 April 2006 PD ? Dosen't a seperate quota get allocated to EB3 than that which gets allocated to EB2 each year or will EB3 always be behind EB2? Please advise.
I will really appreciate someone who has experience with these issues to advise me on them.
NOTE: Can someone please tell me how I can create my own new thread on immigration voice.
more...
uma001
05-04 04:40 PM
I was working on a company A(on H1B visa) and left 7 month back. While working on Company A, I was in a project in Company C through another Company B. I actually joined company B to avoid this chain. Company A released me after agreeing for his cut for 4 month, and then $2 per hour until the project ends. This was agreed by an e-mail between me and Company A. I stopped paying the company after 4 month of his cut.
Now the company A has sent me a mail that they want a confirmation mail from Company B that my project ended. If no confirmation email, then they will send me a legal notice.
Not sure what the employment laws are. Could you please advice?
According to your post, according to the agreement between you and company A, you need to pay $2 per hour until the project ends. Why did you stop paying after 4 months of his cut. I guess the project is still going rt. So Company A wants to make sure that project ended. Company A is right. If your project is still going, you need to pay him $2 per hour until it ends.
Now the company A has sent me a mail that they want a confirmation mail from Company B that my project ended. If no confirmation email, then they will send me a legal notice.
Not sure what the employment laws are. Could you please advice?
According to your post, according to the agreement between you and company A, you need to pay $2 per hour until the project ends. Why did you stop paying after 4 months of his cut. I guess the project is still going rt. So Company A wants to make sure that project ended. Company A is right. If your project is still going, you need to pay him $2 per hour until it ends.
inskrish
01-30 09:33 AM
I checked online for my daughter's 485 and it shows approved and document(possibly GC):eek: mailed on 12 Jan. But my status shows RFE stage. Another interesting thing is my daughter got fingerprinting for Jan 15. She has already done fingerprinting with us in Dec 07. Even if it was to be approved for my daughter how it can happen that she goes for FP on 15 Jan and they mailed document. I dont know what is going on. Any suggestions?
Hello,
What is your daughter's online case status for I-485?
Hello,
What is your daughter's online case status for I-485?
more...
nvsreddy
10-07 01:26 PM
My case is also in the same boat, My case transferred from TSC to VSC on July 20th 2009, after that I applied for AP to VSC on 7th of Aug 2009 and I haven't got any update on AP yet (did expedite the process on Sept 28th 09 through SR) ....after so many calls to TSC and VSC came to know that my case is transferred from TSC to VSC for security check and reached VSC on Sept 28th 09 (so it took more than 2 months to reach from TSC to VSC.....I think ppl will walk from TSC to VSC to transfer a case :) )
chanduv23
07-11 12:42 PM
Ah Snap. I'm From Sri Lanka and would be willing to go, but i work till 5, then have other arrangements till 7pm. Let me call her in a bit and see if anything can be worked out.
Cool - keep us posted. I am calling her too though I am Indian :)
Cool - keep us posted. I am calling her too though I am Indian :)
more...
silvinhaphn
05-05 09:05 AM
Hi aperregatturv
I'm in the same situation... Did u travel before u got the card?
My case was approved on April 27, but I have got nothing on the mail so far and I have my sister's wedding to attend in my country... My husband can go later and give it to me, but I'm a little afraid.
I wanna know if evrything was ok with you and if u would recommend me to do that. I'm going crazy cause my flight is for May 11th and if I need to cancel I gotta do it 2 days in advance, no later than tomorrow I guess... I don't know If I should wait or just cancel flight. I'm going crazy!
Please let me know how it went for you. Or if anyone else have traveled in this way before, give me some advice.
Thanks to all in advance!
Best
I'm in the same situation... Did u travel before u got the card?
My case was approved on April 27, but I have got nothing on the mail so far and I have my sister's wedding to attend in my country... My husband can go later and give it to me, but I'm a little afraid.
I wanna know if evrything was ok with you and if u would recommend me to do that. I'm going crazy cause my flight is for May 11th and if I need to cancel I gotta do it 2 days in advance, no later than tomorrow I guess... I don't know If I should wait or just cancel flight. I'm going crazy!
Please let me know how it went for you. Or if anyone else have traveled in this way before, give me some advice.
Thanks to all in advance!
Best
alforever
04-04 02:28 PM
Just use your valid H1/H4 visa for travel. If you had applied for I-485, then you would have had an extra option to apply and use AP for travel. Since you haven't filed I-485 yet, you can continue to use H1/H4 visa for travel while you wait to file I-485. Btw, if you are already over your 6 year H1 visa limit, then having an approved I-140 entitles you to get 3 yr H1 extensions whenever you are due for H1 renewal.
Thank you very much for your response. Yes we have received a 3yr extension (approval notice). in that case, I am assuming that we would have to go to the US embassy overseas to get H1B and H4 stamped on the passport opon returning back to the usa?
Thank you very much for your response. Yes we have received a 3yr extension (approval notice). in that case, I am assuming that we would have to go to the US embassy overseas to get H1B and H4 stamped on the passport opon returning back to the usa?
dealsnet
07-28 11:09 PM
I have got LUD on my AP (approved last year) on 7/27/08 (sunday).
My GC approved on 7/7/08.
I don't know any significance about this LUD'S
My GC approved on 7/7/08.
I don't know any significance about this LUD'S
jliechty
July 5th, 2006, 07:57 PM
You're aware of the metering limitations (or really, none at all) of the D70 with manual focus lenses, and if you're set on outboard metering, you won't be affected. 6MP vs 10MP isn't that big of a difference until you start printing large (I'd say something greater than 11x17, but that depends on subject matter and personal taste). The D200's viewfinder is much better than the D70's, in my opinion from having used both (but unfortunately not side by side). The build quality is better, but I think both cameras would stand more rain than the average photographer (if you love standing in a downpour for hours, you're the exception, and you should get a waterproof bag no matter what camera you choose ; ).
I wouldn't worry so much about "outdated" technology. The D70 still takes great pictures, so don't let anyone convince you that it would be like driving a 25 year old beat-up car. While I'd just get the D200 (err, uh, I already did), if the expense is a concern, or if you don't need the features of the D200 but aren't sure if the D70 would be enough, consider these possibilities:
Try a D70 and a D1h - those two bodies used would together cost less than a D200, and would give you a camera for high resolution work and another for high speed/high ISO with better build quality, viewfinder, etc. albeit lower resolution and battery life.
Alternately, a slightly less expensive choice would be to get a single D1x. This gives the build quality advantages of the D1h along with as good of (or sometimes better) resolution as the D70, although battery performance would be lacking (you'd need two or three batteries for a full day of shooting, depending on LCD usage). The D1 series is capable of using center weighted and spot metering with AIS lenses, though matrix metering is disabled (the D200 can do matrix metering as well, when the lens data has been entered manually).
I wouldn't worry so much about "outdated" technology. The D70 still takes great pictures, so don't let anyone convince you that it would be like driving a 25 year old beat-up car. While I'd just get the D200 (err, uh, I already did), if the expense is a concern, or if you don't need the features of the D200 but aren't sure if the D70 would be enough, consider these possibilities:
Try a D70 and a D1h - those two bodies used would together cost less than a D200, and would give you a camera for high resolution work and another for high speed/high ISO with better build quality, viewfinder, etc. albeit lower resolution and battery life.
Alternately, a slightly less expensive choice would be to get a single D1x. This gives the build quality advantages of the D1h along with as good of (or sometimes better) resolution as the D70, although battery performance would be lacking (you'd need two or three batteries for a full day of shooting, depending on LCD usage). The D1 series is capable of using center weighted and spot metering with AIS lenses, though matrix metering is disabled (the D200 can do matrix metering as well, when the lens data has been entered manually).
spgtopper
02-12 09:52 AM
Good find. Thanks for posting it here. Pl. continue to update all readers.
Thank you,
S.
Thank you,
S.
