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"
ramaonline
02-08 02:48 PM
http://www.ilw.com/immigdaily/news/2008,0208-namecheck.pdf
god_bless_you
04-28 01:07 PM
The attached USCIS memo document will be helpful regarding this issue:
logiclife
06-20 10:36 AM
I have received one email so far.
Come on guys, if you are in or around LA and would like to share your story, please come forward.
Thanks.
Come on guys, if you are in or around LA and would like to share your story, please come forward.
Thanks.
more...
sankar_203
09-25 01:35 PM
My H1B expired in April 2008. My company is not willing to extend H1B any more due to the reason that I got EAD and I-140 approved and pending 485. Is it possible to get H1B extension from current or future company based on approved I-140? Or Is it too late?
You might wondering why do I need H1B now. I am not sure why I need H1B. Some of my friends who had trouble in their I-140/485 were able to survive with H1B. So, it looks like it is better to have dual. H1B and EAD.
Please advise.
I am in the same situation as yours, (Actually my H1-B got denied)but i haven't filed for H1-B, i have inquired about it. You can file for H-1B and you are not subjected to quota . Only thing is your time towards on EAD will be counted against your H1-B. say out of 6 years of total H1-B, if you have 3 years of it and 1 year on EAD, when you apply for H1-B, you'll get the remaining 2 years. Your attorney will be able to help you out on this..Please keep us posted about the outcome and good luck..
You might wondering why do I need H1B now. I am not sure why I need H1B. Some of my friends who had trouble in their I-140/485 were able to survive with H1B. So, it looks like it is better to have dual. H1B and EAD.
Please advise.
I am in the same situation as yours, (Actually my H1-B got denied)but i haven't filed for H1-B, i have inquired about it. You can file for H-1B and you are not subjected to quota . Only thing is your time towards on EAD will be counted against your H1-B. say out of 6 years of total H1-B, if you have 3 years of it and 1 year on EAD, when you apply for H1-B, you'll get the remaining 2 years. Your attorney will be able to help you out on this..Please keep us posted about the outcome and good luck..
yestogc
03-04 08:42 PM
Either you can enrich your skills by joining some short term courses or do small work (like teaching kids/ day care/ dance classes/ singing etc) where in you can earn CASH .................. I am not sure of your background so cannot comment on choices that you have.
more...
hobbyaddict
December 4th, 2008, 11:50 AM
Well,
It looks like you did it! Whats a few hundred dollars when your loaded ;)
I try to get one nice piece of equipment each year if I can afford it...
Sometimes even when I can't :confused:
I am thinking next year I would like one of the broad range zoom lenses, a camera and one lense is a lot easier to carry on a trip. Prices are not that bad on them. oh.. that is if I have a job, who knows what is going to happen.
Have fun with your new equipment...
-Ed
It looks like you did it! Whats a few hundred dollars when your loaded ;)
I try to get one nice piece of equipment each year if I can afford it...
Sometimes even when I can't :confused:
I am thinking next year I would like one of the broad range zoom lenses, a camera and one lense is a lot easier to carry on a trip. Prices are not that bad on them. oh.. that is if I have a job, who knows what is going to happen.
Have fun with your new equipment...
-Ed
snhn
02-16 11:40 AM
at the interview for my mothers. the lady said, FBI finger print check is different then name check.. People get stuck in name check because they may have a common name. So for example one with a very common name and a long one, will be stuck in name check for a while. Name check is done the country where you are from. FBI request that from the native country. I know lots of Inidan who have long names, have been stuck for a year to 2. Same token Muslims with names like Mohammed, will be stuck for years.
also there is luck there too. She said something in regards to that new application which are filed recentlly dont take that long. Usually most 6 monts. Who know, all I know my mother is 60 years old, and she was told at the interview that her name is stukc in name check..
Go figure....
also there is luck there too. She said something in regards to that new application which are filed recentlly dont take that long. Usually most 6 monts. Who know, all I know my mother is 60 years old, and she was told at the interview that her name is stukc in name check..
Go figure....
more...
thankgod
04-25 10:50 AM
Send him to your own country. America has its own problems.
It cant accomodate the theifs like your son.
People like your son giving wrong impression on the immigrants.
It cant accomodate the theifs like your son.
People like your son giving wrong impression on the immigrants.
arunsush
06-19 02:01 PM
I don't think you would have to take the skin test again. Produce the documents that you are on mediaction and that should suffice.
Dear All,
I was doing part -time school in a university and before they wanted to admit me,the university procedures included TB test. I showed positive in skin test and negative in X-ray about 4 months ago.
But the school procedures expected me to take TB tablets otherwise they wont let me register for courses. For the last 4 months I am on TB medication, I have it going on until october of this year.
Right now, I am in a dilemma. Since all our PD's our current, we need to get medical examination done. I don't know how my skin test is going to be since I am taking meds.
Should I inform my doctor that I am on medications or should I just hide it?
And should I take a letter from my school health department about how I don't have TB but been given medicines for School purposes? What should I do?
Please advise.
Dear All,
I was doing part -time school in a university and before they wanted to admit me,the university procedures included TB test. I showed positive in skin test and negative in X-ray about 4 months ago.
But the school procedures expected me to take TB tablets otherwise they wont let me register for courses. For the last 4 months I am on TB medication, I have it going on until october of this year.
Right now, I am in a dilemma. Since all our PD's our current, we need to get medical examination done. I don't know how my skin test is going to be since I am taking meds.
Should I inform my doctor that I am on medications or should I just hide it?
And should I take a letter from my school health department about how I don't have TB but been given medicines for School purposes? What should I do?
Please advise.
more...
waiting4gc02
06-19 12:44 PM
EAD/AP's dates are back to normal ( ~90 days)
So, stop panicking ppl..
For once, USCIS, fixed there error ..fast enough..!!!
Cheers..
So, stop panicking ppl..
For once, USCIS, fixed there error ..fast enough..!!!
Cheers..
newbie2020
03-27 11:46 AM
Generally it is little difficult to sponsor a GC through one's own business. USCIS wants to know if it is a legitimate business, with revenues, employees, contracts etc
more...
larmani
10-25 06:26 PM
We went to SanJose Charcote dr. last saturday. Our appointment was at 3pm. But we went at around 1PM as our daughter has a tutoring class between 2-4. They accepted and let us do at 1:15pm. It is cool and not much croud. There are around 10 FP machines and took about 15 min to finish. Our LUD changed next day on our 485 applications. But check the address one day before the appointment. As it shows 122 charcote dr. inside But outside you would see 5 digit numbers and you would easly miss. Also you will not see USCIS on outside board(it shows as some Application center).
abhi_jais
05-02 11:31 AM
You can get the home loan from India. I bought a property couple of years back, that time SBI gave me a very good rate. You can start the application processing from their US location, they will help you with the application process. For the paperwork they will need the details about your job, and for the loan security you'll need to have someone in India who owns a property.
Personally, I wouldn't go to ICICI because I had a very bad experience with them. Also, if you are buying an apartment make sure the builder has all the approvals from the governments and from the banks. All the best!!!!!!!!!!!!!
Personally, I wouldn't go to ICICI because I had a very bad experience with them. Also, if you are buying an apartment make sure the builder has all the approvals from the governments and from the banks. All the best!!!!!!!!!!!!!
more...
sweet_jungle
12-04 02:15 PM
Interesting, looks like all these cases got approved ??
This year in August, most of the WAC I-485 cases were given an unfair beating and were largely neglected in the approvals. Most of these cases are not current now but many will become again next year. So, based on this year's experience, we need to prepare so that we do not again get beaten up. By WAC I-485 cases, I mean cases filed in July 2007 in NSC but were receipted at CSC and sent back to NSC. In g neral, it applies to all cases which were transferred between centers
There were mainly 2 issues faced:
1) Biometrics for these cases do not get attached to file. Reason is when we do the biometrics, the results are sent to CSC because the case number starts with WAC. The results do not automatically get transmitted to NSC. Most of us had to make phone calls to make it happen. By that time, precious time was lost and the visa numbers got over.
The issue will now again come up as most of our fingerprints are approaching 15 month expiry. So, when we again do biometrics in the next few months, the results will remain stuck at CSC.When in July/August in 2009 , we will become current again, our cases will not get picked due to lack of biometrics. So, how do we go about fixing the problem? Writing to ombudsman? I am looking for suggestions. I did write to ombudsman and got some standard response.
2) Second issue faced was inability to file service requests. Even though processing dates were more than 30 days from receipt date, the system was not allowing filing of SRs as it was taking the reps. to CSC 485 processing times which are stuck at 2006. This is totally unfair and if a LIN person is able to file SR we should get the same right. True, SRs often invoke some useless response. But, if PD and RD are current, it can be quite useful.
So, I am asking for suggestions for tacking the above problems so that we can be prepared for next year. The time to act is now.
This year in August, most of the WAC I-485 cases were given an unfair beating and were largely neglected in the approvals. Most of these cases are not current now but many will become again next year. So, based on this year's experience, we need to prepare so that we do not again get beaten up. By WAC I-485 cases, I mean cases filed in July 2007 in NSC but were receipted at CSC and sent back to NSC. In g neral, it applies to all cases which were transferred between centers
There were mainly 2 issues faced:
1) Biometrics for these cases do not get attached to file. Reason is when we do the biometrics, the results are sent to CSC because the case number starts with WAC. The results do not automatically get transmitted to NSC. Most of us had to make phone calls to make it happen. By that time, precious time was lost and the visa numbers got over.
The issue will now again come up as most of our fingerprints are approaching 15 month expiry. So, when we again do biometrics in the next few months, the results will remain stuck at CSC.When in July/August in 2009 , we will become current again, our cases will not get picked due to lack of biometrics. So, how do we go about fixing the problem? Writing to ombudsman? I am looking for suggestions. I did write to ombudsman and got some standard response.
2) Second issue faced was inability to file service requests. Even though processing dates were more than 30 days from receipt date, the system was not allowing filing of SRs as it was taking the reps. to CSC 485 processing times which are stuck at 2006. This is totally unfair and if a LIN person is able to file SR we should get the same right. True, SRs often invoke some useless response. But, if PD and RD are current, it can be quite useful.
So, I am asking for suggestions for tacking the above problems so that we can be prepared for next year. The time to act is now.
texanguy
09-30 03:19 PM
there was a thread yesterday discussing this news. It is indeed welcome news. Atleast now USCIS should concentrate on FIFO approvals. There are just too many 2003/4/5 EB-2I applicants waiting in line when 2006 applicants got approved in a frenzy last couple of months...what a cruel joke! and for EB-3I, this news may reveal the total number of cases pending. Nobody seemed to know the accurate count...
more...
amitga
02-15 09:30 AM
If she worked in India in past 3 years for at least 1 year for the same organization. She can get a L1 Visa and then get the GC processed on EB1 category. She will get her GC in 7-8 months.
:confused:
Gurus,
Please advise.
Can a spouse of Green card holder get an H1b visa.
Spouse is currently studying MBA final sem.
She has 3 year industry work experience.
An US based corporation might be willing to sponser her h1b visa because she has worked for their indian counterparty.
The question :
Her husband is a green card holder and she must disclose it either on the H1B petition or at the time of visa interview.
What are chances of her obtaining h1b visa ?
I heard H1B is a dual intent visa.
Thanks in advance for your time and efforts on this issue.
USGC07
:confused:
Gurus,
Please advise.
Can a spouse of Green card holder get an H1b visa.
Spouse is currently studying MBA final sem.
She has 3 year industry work experience.
An US based corporation might be willing to sponser her h1b visa because she has worked for their indian counterparty.
The question :
Her husband is a green card holder and she must disclose it either on the H1B petition or at the time of visa interview.
What are chances of her obtaining h1b visa ?
I heard H1B is a dual intent visa.
Thanks in advance for your time and efforts on this issue.
USGC07
eagerr2i
07-21 02:24 AM
For degree evaulation , pls visit AERC web site at www.aerc-eval.com/ There are other agencies as well that do these evaluations.
After that take CBEST, if you clear the exam, apply for admission to a credentail program. It will take about 50-60 credit hrs to complete the program. It will include about 4 months of teaching a 2 different schools which is called as directed teaching.Also you need to clear a battery of 3 exams called CSET which establishes subject matter competency in the subject credential you are working on. After that you apply to the Commission of Teacher Credentialing at the state capital and you get your certificate. Depending on haw fast you go, it could take any where between 2 years to 3.5 yrs to finish the program. Jobs are plenty in areas of Math, Physics for sure. Schools look for delivery style and communication skills a lot.
Take a look at your time left on H1B , make sure that ur wife can complete the program within your 6 year of H1B else she would not be able to convert from H4 to H1 unless you get your GC or EAD. Pls email me if you have any additional questions.
Salary is so-so about 50 K starting in CA, but good thing is that you work for only 9.5 months and your vacation and schedule could sync with that of kids and you could spend a good amount of time with kids unlike the other 8-5 jobs...!
After that take CBEST, if you clear the exam, apply for admission to a credentail program. It will take about 50-60 credit hrs to complete the program. It will include about 4 months of teaching a 2 different schools which is called as directed teaching.Also you need to clear a battery of 3 exams called CSET which establishes subject matter competency in the subject credential you are working on. After that you apply to the Commission of Teacher Credentialing at the state capital and you get your certificate. Depending on haw fast you go, it could take any where between 2 years to 3.5 yrs to finish the program. Jobs are plenty in areas of Math, Physics for sure. Schools look for delivery style and communication skills a lot.
Take a look at your time left on H1B , make sure that ur wife can complete the program within your 6 year of H1B else she would not be able to convert from H4 to H1 unless you get your GC or EAD. Pls email me if you have any additional questions.
Salary is so-so about 50 K starting in CA, but good thing is that you work for only 9.5 months and your vacation and schedule could sync with that of kids and you could spend a good amount of time with kids unlike the other 8-5 jobs...!
girishvar
07-28 04:06 PM
When we have traveled to Matamoros, MX for stamping we had AP and H1/H4. On return we have used H1/H4. NO questions asked at the border check post.
I am planning a family trip to Mexico for few days and would like to get some suggestion or personal experience on how to re-enter to United States. Here is my situation:
Wife has a valid H4 stamp in her passport which is good for another year. We also applied for travel document after we filed for I-485 but she has never used that travel document. Now the question is what do we use for her, H4 or travel doc, when we re-enter US from Mexico? I can't think of any reason why she shouldn't be able to use her H4 to re-enter but the fact that she also has a travel document, will the officer require her to use travel doc and enter and parole. In that case, does she lose her H4 status and just become a parole or should she not even show the travel doc and just the H4.
Any help will be very much appreciated.
I am planning a family trip to Mexico for few days and would like to get some suggestion or personal experience on how to re-enter to United States. Here is my situation:
Wife has a valid H4 stamp in her passport which is good for another year. We also applied for travel document after we filed for I-485 but she has never used that travel document. Now the question is what do we use for her, H4 or travel doc, when we re-enter US from Mexico? I can't think of any reason why she shouldn't be able to use her H4 to re-enter but the fact that she also has a travel document, will the officer require her to use travel doc and enter and parole. In that case, does she lose her H4 status and just become a parole or should she not even show the travel doc and just the H4.
Any help will be very much appreciated.
cool_guy_onnet1
02-21 09:37 AM
This is the EB1 the usage for the last 14 years
06 = 36,960
05 = 64.731
04 = 31,291
03 = 14,544
02 = 34,452
01 = 41,801
00 = 27,706
99 = 14,898
98 = 21,408
97 = 21,810
96 = 27,501
95 = 17,339
94 = 21,053
93 = 21,114
The limit was at least 40.040 for each FY. In FY 06 it was 41,170. As you can see the limit has been reached twice in the last 14 years.
I went to REC (one of the top 20 schools in India) did my Mastrs in Full scholarship and have International papers for IEEE + Few Algorithms that have been presented at Int. Conferences,( I could not attend the conf. in Paris since I did not want to go and get stamped and go through all the hassel- Go figure). I am an Ideal candidate for EB1 but my lawyer said there is a 50/50 chance for further enquiry and it will only delay the process.
I know, I know but trust me, I was a University topper in Probablity and AI theories and I decided to chicken-out.
Not because I am afraid of enquiries, I just dont want to raise any flags. I want to keep working, Hopefully get my GC within few* years and then prove myself .
I applied under EB2 only because I don't want any enquiries and I know these POS lawyers will only delay the RFE's.
Anyway, I was just frustated, sorry about this rage but just needed an outlet.
People will only file under EB1 when A) They are not from India/China and They are not afraid to go and face any flags.
& /OR B) They have good lawyer, who is very much prudent and willing to take chances.
Any other theories and welcome
*CONDITIONS APPLY LOL
06 = 36,960
05 = 64.731
04 = 31,291
03 = 14,544
02 = 34,452
01 = 41,801
00 = 27,706
99 = 14,898
98 = 21,408
97 = 21,810
96 = 27,501
95 = 17,339
94 = 21,053
93 = 21,114
The limit was at least 40.040 for each FY. In FY 06 it was 41,170. As you can see the limit has been reached twice in the last 14 years.
I went to REC (one of the top 20 schools in India) did my Mastrs in Full scholarship and have International papers for IEEE + Few Algorithms that have been presented at Int. Conferences,( I could not attend the conf. in Paris since I did not want to go and get stamped and go through all the hassel- Go figure). I am an Ideal candidate for EB1 but my lawyer said there is a 50/50 chance for further enquiry and it will only delay the process.
I know, I know but trust me, I was a University topper in Probablity and AI theories and I decided to chicken-out.
Not because I am afraid of enquiries, I just dont want to raise any flags. I want to keep working, Hopefully get my GC within few* years and then prove myself .
I applied under EB2 only because I don't want any enquiries and I know these POS lawyers will only delay the RFE's.
Anyway, I was just frustated, sorry about this rage but just needed an outlet.
People will only file under EB1 when A) They are not from India/China and They are not afraid to go and face any flags.
& /OR B) They have good lawyer, who is very much prudent and willing to take chances.
Any other theories and welcome
*CONDITIONS APPLY LOL
abhi2001
02-24 04:06 PM
Thanks again guys.
Well company A can file my GC but the issue is that the financial books of company A are not clear right now. Hence there are chances I-140 will be refused even if I file on EB1.
Company B is willing to take me but the issue is how do I join B. The options which I see are that B files my GC under EB2 or EB3 and I continue to work with company A till then. But then in EB2/EB3 the processing will take years till I get my EAD and join company B.
Well company A can file my GC but the issue is that the financial books of company A are not clear right now. Hence there are chances I-140 will be refused even if I file on EB1.
Company B is willing to take me but the issue is how do I join B. The options which I see are that B files my GC under EB2 or EB3 and I continue to work with company A till then. But then in EB2/EB3 the processing will take years till I get my EAD and join company B.
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