joydiptac
06-02 07:52 PM
You cannot be a partner in LLC and work for the same company on H1B.
But my guess is nothing stops you from not be a founding member and work for the same company. Your other two partners can be owners and they will have the right to give you as many shares as they want. This is a guess, so please confirm with a Lawyer. Explore the same option with C Corp/S Corp as well.
Do share with us what you find out. :)
And BTW if you are just three people and making a million you guys are making a killing. What business you guys in?
But my guess is nothing stops you from not be a founding member and work for the same company. Your other two partners can be owners and they will have the right to give you as many shares as they want. This is a guess, so please confirm with a Lawyer. Explore the same option with C Corp/S Corp as well.
Do share with us what you find out. :)
And BTW if you are just three people and making a million you guys are making a killing. What business you guys in?
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diptam
07-01 03:21 PM
The expenses are definitely required - i probably did more renewals and visas than you but that was borne by my H sponsor employers in all cases. Why did you pay on your own ?? Generally peoples who gets paid in Bill rate and make very good money they pay on their own and they don't care 20-25K given the enormous money that they made in 6+ years of H clock.
Regarding GC - my employer paid LC fees, 140 fees and i picked up the fees for 485/EAD/AP because i wanted control on the AOS. I dont want RFE letters to go my employer or their pet lawyer when i've ported off to somewhere else.
Push your employer - why they are called sponsors in H1 based immigration system ?
20K = Using an attorney for H1B Visa, 4 H4, Renewal of H1B Visa + 4 H4, Sponsorship Company got bought and change name = Re-Issuing H1B Visa, PERM Process....
But still.... people ask why illegals just don't come here legally?????? :mad:
Regarding GC - my employer paid LC fees, 140 fees and i picked up the fees for 485/EAD/AP because i wanted control on the AOS. I dont want RFE letters to go my employer or their pet lawyer when i've ported off to somewhere else.
Push your employer - why they are called sponsors in H1 based immigration system ?
20K = Using an attorney for H1B Visa, 4 H4, Renewal of H1B Visa + 4 H4, Sponsorship Company got bought and change name = Re-Issuing H1B Visa, PERM Process....
But still.... people ask why illegals just don't come here legally?????? :mad:
alex77
09-26 01:22 AM
If you have worked with your employer for atleast a year, you can also avail FMLA leave for 12 weeks (unpaid) without any issue. All the employers with 50 employess or more are supposed to follow this law.
http://en.wikipedia.org/wiki/Family_and_Medical_Leave_Act_of_1993
http://en.wikipedia.org/wiki/Family_and_Medical_Leave_Act_of_1993
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Dhundhun
08-09 01:13 PM
The top reason would be-
"We are the USCIS".
What say?
00. It's style - USCIS style.
"We are the USCIS".
What say?
00. It's style - USCIS style.
more...
ski_dude12
05-04 02:34 PM
Thanks for the reply.
nandakumar
05-15 07:24 PM
nandakumar:
It's bravo IV. Each of us should tell and motivate others to join IV. You see for most part, your posting in these forums in IV is very anonymous. I think except for yourself, no one can get see your profile details including your full name, phone number etc.
Also, keep looking for opportunities to write to editors, anchors etc., whenever they speak rubbish. All that we are doing now is letting the media know that legal immigrants have huge issues and unresolved problems. We are writing to them that things have been very unfair. We are educating them............
learning01:
I have given all my details including my address, employer details in my profile except for my Phone number. Not sure how to enable it to see others. I tried clicking 7-8 members profile including yours but not able to view any details. Am I doing something wrong?
Btw, besides my contribution, I have made more then 20 people to contribute and as well made more then 50 to become IV members by creating threads in forums like murthy.com & immigration.com. I'm the first person to let the people in Cisco systems to know about IV during its initial stage by mailing to the common email aliases used by Indians and Chinese and only person to do so until Apr 15, I left Cisco after that. I faced lot of criticisms but even then I would mail at least once in 3 weeks and remind them the importance of joining and contributing to IV. I believe there are at least 100 members from Cisco.
I made my friends to contribute and made them to post details about IV in companies such as HP, NetApp, BMS, and Symantec etc.
I have also volunteered when the admin or shery wanted volunteers.
I may not have done exceptional contribution when compared to the core members and senior member like you but did contribute to best of my effort and have email proofs/appreciation from members who have joined and contributed because of my initiation. Please send a private msg with your contact email, I can forward those emails.
No offence, explaining my side of the story.
It's bravo IV. Each of us should tell and motivate others to join IV. You see for most part, your posting in these forums in IV is very anonymous. I think except for yourself, no one can get see your profile details including your full name, phone number etc.
Also, keep looking for opportunities to write to editors, anchors etc., whenever they speak rubbish. All that we are doing now is letting the media know that legal immigrants have huge issues and unresolved problems. We are writing to them that things have been very unfair. We are educating them............
learning01:
I have given all my details including my address, employer details in my profile except for my Phone number. Not sure how to enable it to see others. I tried clicking 7-8 members profile including yours but not able to view any details. Am I doing something wrong?
Btw, besides my contribution, I have made more then 20 people to contribute and as well made more then 50 to become IV members by creating threads in forums like murthy.com & immigration.com. I'm the first person to let the people in Cisco systems to know about IV during its initial stage by mailing to the common email aliases used by Indians and Chinese and only person to do so until Apr 15, I left Cisco after that. I faced lot of criticisms but even then I would mail at least once in 3 weeks and remind them the importance of joining and contributing to IV. I believe there are at least 100 members from Cisco.
I made my friends to contribute and made them to post details about IV in companies such as HP, NetApp, BMS, and Symantec etc.
I have also volunteered when the admin or shery wanted volunteers.
I may not have done exceptional contribution when compared to the core members and senior member like you but did contribute to best of my effort and have email proofs/appreciation from members who have joined and contributed because of my initiation. Please send a private msg with your contact email, I can forward those emails.
No offence, explaining my side of the story.
more...
gcformeornot
01-12 09:52 AM
lots of delays for many applicants. I personally know 2 people waiting. One waiting for more than 2 months. Other one just about a month.....:eek:
2010 Review(s)
jthomas
03-27 12:00 PM
Thats not the case. USCIS will revoke employment based AOS since mariage based AOS has higher priority. So the process would be, they would call for a normal interview and then hand you a paper that
" since you have a second petition (employment based) so they have to combine both of them and then they would issue a green card."
Its just because you were in this country legally for a long time they will go through all the required paper work. IT MEANS DELAY in processing or may be RFE to get more details.
Hi there-
I think you have already paid fees for EB 485? So revoking it wont get those fees back to you. I would suggest, you get married first, then file I-130. If by that time your EB 485 is not approved, you can still file FB 485, whichever comes first take it. You can file both in parallel. Its only a question of few thousand dollars. Attorney Rajiv Khanna has extensive documentation in this regard. You can see his website immigration.com
" since you have a second petition (employment based) so they have to combine both of them and then they would issue a green card."
Its just because you were in this country legally for a long time they will go through all the required paper work. IT MEANS DELAY in processing or may be RFE to get more details.
Hi there-
I think you have already paid fees for EB 485? So revoking it wont get those fees back to you. I would suggest, you get married first, then file I-130. If by that time your EB 485 is not approved, you can still file FB 485, whichever comes first take it. You can file both in parallel. Its only a question of few thousand dollars. Attorney Rajiv Khanna has extensive documentation in this regard. You can see his website immigration.com
more...
reno_john
05-07 04:10 PM
takes around 1 to 2 month. My friend got his duplicate in 1 to 2 month but need a police complaint while filing for a duplicate.
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greyhair
09-24 09:14 AM
Live: House Immigration sub-committee hearing on C-Span
C-SPAN3 Live Stream - C-SPAN (http://www.c-span.org/Watch/C-SPAN3.aspx)
C-SPAN3 Live Stream - C-SPAN (http://www.c-span.org/Watch/C-SPAN3.aspx)
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gcsomeday
04-02 05:04 PM
Others, please correct me if I am wrong.
I think you need labor from current employer and an I140.
You can not port your PD to a different employer based on just an existing labor.
You can do a H1 transfer for the remaining duration of your H1 and maybe add any time you were not in US in the past years while on H1.
If you have the I140 ( should get in a few days in premium processing) then you can get your new employer to start a new green card process but carry your PD from your earlier employer.
Most importantly talk to a lawyer rather than depending on people here.
Good luck.
I think you need labor from current employer and an I140.
You can not port your PD to a different employer based on just an existing labor.
You can do a H1 transfer for the remaining duration of your H1 and maybe add any time you were not in US in the past years while on H1.
If you have the I140 ( should get in a few days in premium processing) then you can get your new employer to start a new green card process but carry your PD from your earlier employer.
Most importantly talk to a lawyer rather than depending on people here.
Good luck.
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ganesh_sholapur
11-08 08:29 PM
Dear all,
Currently working for ABC company with L1B visa, which expiring in Dec 19th 2008 and i am here in USA now along with my dependents.
But this year i got my H1B approval and having my documents, as my filing was done from India, i do not have I-94 at this time.
My quires are.
1. Do i need to go for stamping in Canada or Mexico
2. Can i work for company B with my H1B approval
3. To start my new job, do my employer should change my status
4. If going for stamping do my dependents also should join me.
Actually i have very short time to make my plans , please help in finding solutions for all my quires.
With Regards
Ganesh
Currently working for ABC company with L1B visa, which expiring in Dec 19th 2008 and i am here in USA now along with my dependents.
But this year i got my H1B approval and having my documents, as my filing was done from India, i do not have I-94 at this time.
My quires are.
1. Do i need to go for stamping in Canada or Mexico
2. Can i work for company B with my H1B approval
3. To start my new job, do my employer should change my status
4. If going for stamping do my dependents also should join me.
Actually i have very short time to make my plans , please help in finding solutions for all my quires.
With Regards
Ganesh
more...
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pagalForGC
06-17 03:54 PM
Thanks Veni001. Yes, I did file for AC-21 when I changed my employer. Are there chances of my old I-140 cancelling even after fillinf for AC-21?
Thanks...
As far as i know H1-B is not a requirement, but having it provide you fall back option. If you have not used AC21 and your old I-140 gets canceled( for any reason) before new I-140 approval, you will land in trouble.
The employer has to prove that there is a EB-2( Master's/Bachelor +5 yrs) job available and he can not find a qualified US Citizen/Permanent Resident for that job to get new PERM approval. DOL checks PERM job requirements against their database, and most of the time software jobs with Job descriptions of Master's or Bachelor +5 yrs required gets audited by DOL so we can not really predict how long does it take to get PERM approval.
After PERM a second audit on job requirement comes from the USCIS at I-140, once these two hurdles passed you need to send a ltr to USCIS to port I-485 category and date.
Based on the posts on this forum, if no audits, PERM is getting approved in about 8 months and I-140 in about 6 months.
Thanks...
As far as i know H1-B is not a requirement, but having it provide you fall back option. If you have not used AC21 and your old I-140 gets canceled( for any reason) before new I-140 approval, you will land in trouble.
The employer has to prove that there is a EB-2( Master's/Bachelor +5 yrs) job available and he can not find a qualified US Citizen/Permanent Resident for that job to get new PERM approval. DOL checks PERM job requirements against their database, and most of the time software jobs with Job descriptions of Master's or Bachelor +5 yrs required gets audited by DOL so we can not really predict how long does it take to get PERM approval.
After PERM a second audit on job requirement comes from the USCIS at I-140, once these two hurdles passed you need to send a ltr to USCIS to port I-485 category and date.
Based on the posts on this forum, if no audits, PERM is getting approved in about 8 months and I-140 in about 6 months.
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meridiani.planum
03-12 02:46 PM
the only way to extend the H1 is to:
- have an LC >365 days old
- her I-140 approved
Without either of those she does not qualify for H1 extensions. Best bet if EAD takes longer than 4 more months (should not, most people have got it within 90 days) and she cannot stop working for a while might be to try and recapture time spent abroad (to fully utilize the 6 years). If you were on vacation or travelling on business, hten all those days spent abroad can be used as additional H1 time. if thats been 4-5 months in ht elast 6 years, it might be worth recapturing...
WTF? A red-dot for this post??? Will the coward who marked me red for this please have the decency to explain why? I have deserved red on other posts (& even got some) but what on earth was wrong here?
- have an LC >365 days old
- her I-140 approved
Without either of those she does not qualify for H1 extensions. Best bet if EAD takes longer than 4 more months (should not, most people have got it within 90 days) and she cannot stop working for a while might be to try and recapture time spent abroad (to fully utilize the 6 years). If you were on vacation or travelling on business, hten all those days spent abroad can be used as additional H1 time. if thats been 4-5 months in ht elast 6 years, it might be worth recapturing...
WTF? A red-dot for this post??? Will the coward who marked me red for this please have the decency to explain why? I have deserved red on other posts (& even got some) but what on earth was wrong here?
more...
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sunny1000
10-19 02:50 PM
Hi,
While filling the Labor my attorney used my education (Bachelor's degree BSc Comp Science and one year of diploma in computer science) and as well as the experience which was 8 yrs in 2008 for EB3. Then my labor got approved. So we applied for I140, then USCIS had an RFE on my case saying this education is not enough so my attorney prepared some documents showing this BSc Comp science is equivalent to US 4 yrs degree. Then in a month time immediatly I got my I140 denied, So after that my attorney appealed with I290 form, Still got rejected in 3 months then again my attorney re-appealed to it by adding some more information to it. So now the status is showing as Initial review with AAO.
Is this from NSC or TSC? Also, did your attorney include your diploma with your B.Sc to equivate it to a 4 year degree at any point during the filing of the I-140?
While filling the Labor my attorney used my education (Bachelor's degree BSc Comp Science and one year of diploma in computer science) and as well as the experience which was 8 yrs in 2008 for EB3. Then my labor got approved. So we applied for I140, then USCIS had an RFE on my case saying this education is not enough so my attorney prepared some documents showing this BSc Comp science is equivalent to US 4 yrs degree. Then in a month time immediatly I got my I140 denied, So after that my attorney appealed with I290 form, Still got rejected in 3 months then again my attorney re-appealed to it by adding some more information to it. So now the status is showing as Initial review with AAO.
Is this from NSC or TSC? Also, did your attorney include your diploma with your B.Sc to equivate it to a 4 year degree at any point during the filing of the I-140?
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gogreen39
07-24 06:53 PM
Thanks Canadian_Dream and mrcmic!
I just called NSC to put an service request. I was told no receipt #, no service request can be put in.
Further I was told, there was hold all application to be processed till 2days ago, hence they have started receipting again 2 days back. Hard to believe it. I said I am 11thJune filer, but the IO kept saying there was a hold till 2 days ago. According to IO, all applications will be receipted by30thJuly. But she repeatedly suggested to check the bank for encashed checks. She said 'no encashed checks, no receipt #'...
SO if no receipt #, then how do we file at service request ?? Is there a link to file an online service request?? (I couldn't find one)
Anybody else in the same boat?? Please let us know so that we can track each other's progress.
Thanks once again!
I just called NSC to put an service request. I was told no receipt #, no service request can be put in.
Further I was told, there was hold all application to be processed till 2days ago, hence they have started receipting again 2 days back. Hard to believe it. I said I am 11thJune filer, but the IO kept saying there was a hold till 2 days ago. According to IO, all applications will be receipted by30thJuly. But she repeatedly suggested to check the bank for encashed checks. She said 'no encashed checks, no receipt #'...
SO if no receipt #, then how do we file at service request ?? Is there a link to file an online service request?? (I couldn't find one)
Anybody else in the same boat?? Please let us know so that we can track each other's progress.
Thanks once again!
more...
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american_dreams
08-01 01:51 PM
Below is the link where the new forms are posted on the USCIS website. Also note that beside each form under "Edition" colum it says: "Previous editions accepted." for I-485, I-765, I-131. So you can use either the new forms or the olf forms. But if you are applying based on Department of State’s July Visa Bulletin No. 107 you can file your application till August 17th 2007 and have to pay the old fee.
In fact USCIS posted on 7/30/2007 for I-765 previos versions will not be accepted. but they have updated the website on 7/31/2007 that previos versions will be accepted for I-765.
So do not worry about which version of the form you are using. Make sure you are including the correct fee.
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD
BTW, i have the old forms if anyone really needs them.
In fact USCIS posted on 7/30/2007 for I-765 previos versions will not be accepted. but they have updated the website on 7/31/2007 that previos versions will be accepted for I-765.
So do not worry about which version of the form you are using. Make sure you are including the correct fee.
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD
BTW, i have the old forms if anyone really needs them.
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Gravitation
04-09 01:12 PM
We must think about what we do after CIR fails.
US congress has performed bigger miracles before: Abolition of Slavery, voting rights for women, civil rights.
Who knows what'll happen. All we can do is to give it our best shot.
US congress has performed bigger miracles before: Abolition of Slavery, voting rights for women, civil rights.
Who knows what'll happen. All we can do is to give it our best shot.
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add78
06-19 02:08 PM
yeah.. it doesnt work that way, the fact that your lawyer checked "d" indicated you have an advanced degree (masters and beyond). you have to prove that your BS+X exp is in fact Masters equivalent with your LC and job ads and recruitment effort etc etc. It is then at the discretion of the IO to allow the classification under EB-2, else he will issue an RFE (which he did) and even after your response to RFE, he may deny the EB-2 classification and you will have to amend it with EB-3. Your lawyer should have known this would trigger an RFE.
ItIsNotFunny
02-13 03:10 PM
Congratulations!
It is quite normal to have few weeks for card production ordered. Enjoy your freedom.
I got the following message from USCIS:
*** DO NOT RESPOND TO THIS E-MAIL ***
The last processing action taken on your case
Receipt Number: SRCXXXXX
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice mailed welcoming the new permanent resident.
On February 9, 2009, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
I received this message on Feb 10. But I haven't recieved any CPO or any other email yet. Is this normal? Is my case finally approved?
It is quite normal to have few weeks for card production ordered. Enjoy your freedom.
I got the following message from USCIS:
*** DO NOT RESPOND TO THIS E-MAIL ***
The last processing action taken on your case
Receipt Number: SRCXXXXX
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice mailed welcoming the new permanent resident.
On February 9, 2009, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
I received this message on Feb 10. But I haven't recieved any CPO or any other email yet. Is this normal? Is my case finally approved?
fide_champ
02-15 08:30 AM
Does anyone have any experience visiting canada with an expired US visa and then returning back to US showing just the approval notice? I heard you don't need to get a new stamping if you are returning before 30 days.
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