bidhanc
03-10 05:42 PM
vparam/ anyone,
i have 2 questions
when i move into my own LLC how far do I need to go in terms of documents/ pay-stubs to prove to the USCIS that it's a legitimate company/ job offer? i guess i am a bit confused as to how to present to USCIS my dual role as owner/ employee with 140 job description?
also from your experiences is it practical (in terms of taxation) to just run your own payroll (from consulting) through your LLC - meaning you are the only employee in your company?
thanks in advance,
manderson
-----------------------------------------------------------------------------------
Ref (Murthy): " Foreign nationals can port their cases to a self-employed position! This is a very favorable stance, as many foreign nationals desire to establish their own companies and, in that way, control their own destinies. The entrepreneurial spirit is strong among many immigrants. The Memo reiterates the need to show that the new position or job is the same or similar. It also states that the new employer and job offer must be legitimate.
�MurthyDotCom
In these situations, the USCIS is to focus upon whether the original job offer was really the intended employment at the time the I-140 and I-485 were filed. That is, the petitioning company must have intended to employ the foreign national beneficiary and the foreign national beneficiary must have intended to accept the position at the time of filing the I-140 and the I-485."
Source: http://www.murthy.com/news/n_yatmay.html
I think the 2nd paragraph means USCIS might want additional RFEs from your 140 employer later on to prove that original 140 employment offer was valid.
From the above paragraph (quoted on Murthy site), it seems that it would be very much possible to just get self-employed (of course job description should be same and legal).
But here are the Questions:
1). How will USCIS be convinced that the original job offer was really the intended employment at the time the I-140 and I-485 were filed??
2). How do you prove to USCIS that the original job offer was something that you intended to take on getting your GC?
From the below excerpt (same Murthy site and part of above doc)
Ability of New Sponsor to Pay
m
The Memo clarifies that there should not be requests for "ability to pay" proof from the new sponsor as part of the I-140 approval process. However, the Memo does state that it would be appropriate to check the legitimacy of the new employer and the job offer in connection with the I-485 approval. So, the new employer may have to show financial viability and prove that there is a valid job offer in order for the foreign national employee and any family members to obtain the I-485 approval.
Questions:
3).Doesn�t the above mean that USCIS will still check to see if your (lets say) spouse�s company or start-up company has the ability to pay you?
4). So, even though USCIS is saying �Yes� to self employment, will they (excerpt from mandersons musings)
�..ask for 2 yrs of tax filings of future employer to prove that it's an established company (although they are not supposed to bring up 'ability to pay' issue which is already covered in approved 140 -- but being USCIS anything goes...)???
i have 2 questions
when i move into my own LLC how far do I need to go in terms of documents/ pay-stubs to prove to the USCIS that it's a legitimate company/ job offer? i guess i am a bit confused as to how to present to USCIS my dual role as owner/ employee with 140 job description?
also from your experiences is it practical (in terms of taxation) to just run your own payroll (from consulting) through your LLC - meaning you are the only employee in your company?
thanks in advance,
manderson
-----------------------------------------------------------------------------------
Ref (Murthy): " Foreign nationals can port their cases to a self-employed position! This is a very favorable stance, as many foreign nationals desire to establish their own companies and, in that way, control their own destinies. The entrepreneurial spirit is strong among many immigrants. The Memo reiterates the need to show that the new position or job is the same or similar. It also states that the new employer and job offer must be legitimate.
�MurthyDotCom
In these situations, the USCIS is to focus upon whether the original job offer was really the intended employment at the time the I-140 and I-485 were filed. That is, the petitioning company must have intended to employ the foreign national beneficiary and the foreign national beneficiary must have intended to accept the position at the time of filing the I-140 and the I-485."
Source: http://www.murthy.com/news/n_yatmay.html
I think the 2nd paragraph means USCIS might want additional RFEs from your 140 employer later on to prove that original 140 employment offer was valid.
From the above paragraph (quoted on Murthy site), it seems that it would be very much possible to just get self-employed (of course job description should be same and legal).
But here are the Questions:
1). How will USCIS be convinced that the original job offer was really the intended employment at the time the I-140 and I-485 were filed??
2). How do you prove to USCIS that the original job offer was something that you intended to take on getting your GC?
From the below excerpt (same Murthy site and part of above doc)
Ability of New Sponsor to Pay
m
The Memo clarifies that there should not be requests for "ability to pay" proof from the new sponsor as part of the I-140 approval process. However, the Memo does state that it would be appropriate to check the legitimacy of the new employer and the job offer in connection with the I-485 approval. So, the new employer may have to show financial viability and prove that there is a valid job offer in order for the foreign national employee and any family members to obtain the I-485 approval.
Questions:
3).Doesn�t the above mean that USCIS will still check to see if your (lets say) spouse�s company or start-up company has the ability to pay you?
4). So, even though USCIS is saying �Yes� to self employment, will they (excerpt from mandersons musings)
�..ask for 2 yrs of tax filings of future employer to prove that it's an established company (although they are not supposed to bring up 'ability to pay' issue which is already covered in approved 140 -- but being USCIS anything goes...)???
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AllVNeedGcPc
12-02 07:55 PM
9years thank you for sharing all the information during the whole process...
I got an email saying that "On December 2, 2010, we ordered production of your new card" today. Me and my wife both got emails. Our wait (green in our life) for so many years came to a very happy end. My hearty wishes to all the friends who have been waiting in the queue to have best of luck.
Regards.
I got an email saying that "On December 2, 2010, we ordered production of your new card" today. Me and my wife both got emails. Our wait (green in our life) for so many years came to a very happy end. My hearty wishes to all the friends who have been waiting in the queue to have best of luck.
Regards.
ashutrip
06-19 03:01 PM
any news about atl center good bad or ugly :eek: :p
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gc_kaavaali
10-28 12:32 PM
I sent an e-mail to Ombudsman.
more...
knnmbd
04-25 08:58 PM
Tell me, in any of the bills that came in 2005, PACE, CIR. Dream Act etc., or later, IS there even one mention or a discussion of changing the PD? Let's discuss more on how to bring out more into the open, the issues the H1 visa holders are facing from their small time employers in applying for permanent residence, backlog issues and how redtape is destroying these young men's goals, about lack of visa numbers.
Why there is even a provision in the last Senate bill, for illegals to SELF petition for GC, if employer doen't apply in 2 years. Let's discuss about a similar provision for H1 visa holders who are legally working here, paying taxes. Let's discuss even more important issue.
Why should we pay, SS Tax and Medicare if we are temporary workers. Let them START collecting once I-485 is applied.
This last point will resonate well with all It will be picked up easily; you will see the panic flying in the press, TVs, Senate and what not, when a simple mention of it is made.
These are the practical things we need to discuss. Not a theoritical PD definition, on which we have no locus standi.
This is the most outrageous and ridiculous stuff anyone could have heard. We want to change the laws of the land to benefit us. We are here because WE WANT TO BE HERE .No one is forcing us to work and pay SS tax and Medicare here. So what's next: No State tax too? We are lucky that the core IV team has accomplished so much in such a short time with limited resources. We need to push the amendments that will allow concurrent filing of I145, period, or we are jeopardizing any thing from going through.
Why there is even a provision in the last Senate bill, for illegals to SELF petition for GC, if employer doen't apply in 2 years. Let's discuss about a similar provision for H1 visa holders who are legally working here, paying taxes. Let's discuss even more important issue.
Why should we pay, SS Tax and Medicare if we are temporary workers. Let them START collecting once I-485 is applied.
This last point will resonate well with all It will be picked up easily; you will see the panic flying in the press, TVs, Senate and what not, when a simple mention of it is made.
These are the practical things we need to discuss. Not a theoritical PD definition, on which we have no locus standi.
This is the most outrageous and ridiculous stuff anyone could have heard. We want to change the laws of the land to benefit us. We are here because WE WANT TO BE HERE .No one is forcing us to work and pay SS tax and Medicare here. So what's next: No State tax too? We are lucky that the core IV team has accomplished so much in such a short time with limited resources. We need to push the amendments that will allow concurrent filing of I145, period, or we are jeopardizing any thing from going through.
bigboy007
06-03 02:51 PM
I understand every member have an issue , and i understand thats the main cause of being with IV isnt ?
But the reason i have touched this issue is also the fact that H1B is all our common goal too , its not only retrogression [ i 100000000% agree thats the key point but also ] there are other points too like this issue of h1B , reg. date etc.
When we are sending Faxes we are ignoring these , even in case of senators get to our attention , whatz the point if these are not taken in to account. Also we are not taking in to account some amendements and conveying our interest towards them.
Why IV is not taking this in the webfax we are sending ? what if people even get rejected while extending for H1B visa ? also the points of date should be bought it up.
I am going to PM this to IV core too and see why we are not doing in FAXES. till now i also sent many faxes but thats not the point neither i am questioning the integrity of IV but requesting to all members legitmate issue are addressed at the most adding 2 more points to current fax will solve the purpose.
?
But the reason i have touched this issue is also the fact that H1B is all our common goal too , its not only retrogression [ i 100000000% agree thats the key point but also ] there are other points too like this issue of h1B , reg. date etc.
When we are sending Faxes we are ignoring these , even in case of senators get to our attention , whatz the point if these are not taken in to account. Also we are not taking in to account some amendements and conveying our interest towards them.
Why IV is not taking this in the webfax we are sending ? what if people even get rejected while extending for H1B visa ? also the points of date should be bought it up.
I am going to PM this to IV core too and see why we are not doing in FAXES. till now i also sent many faxes but thats not the point neither i am questioning the integrity of IV but requesting to all members legitmate issue are addressed at the most adding 2 more points to current fax will solve the purpose.
?
more...
pappu
08-01 01:15 PM
I will be more than happy if I can help. Please note I do not have any journalism background.
Thank you for your offer and also other people who are sending me PM for this. We will try to get as many as possible so that we can submit to multiple newspapers and websites.
Thank you for your offer and also other people who are sending me PM for this. We will try to get as many as possible so that we can submit to multiple newspapers and websites.
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vayumahesh
11-09 08:50 AM
I need info from the experts here. I am thinking of going with interfiling process rather than wait for the USCIS system to identify the case as current. One issue with my case is I-140 attorney (company lawyer) is different from I-485 attorney (outside company). My company attorney has forwarded the copy of I-140 to my I-485 attorney. Is I-140 copy enough or must submit original with the interfiling process ?
The following thread in Immigrationvoice says, lawyer needs to send original I-140 with interfiling process.
http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/17441-interfiling.html (response by sanbaj - The lawyer has to write a letter to USCIS along with the original approval notice of the newly approved but older PD I140. )
The following thread in Immigrationvoice says, lawyer needs to send original I-140 with interfiling process.
http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/17441-interfiling.html (response by sanbaj - The lawyer has to write a letter to USCIS along with the original approval notice of the newly approved but older PD I140. )
more...
ak_2006
06-04 01:15 PM
:)Thanks to Zappy and rpchalasani...
Zappy...:DEnjoy the moments....:D
Zappy...:DEnjoy the moments....:D
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skv
06-18 10:54 AM
Hope not, we never thought that this will be current so soon. so my gut feeling is that we all should be fine up until Sep end.
Good luck for you and all!
Good luck for you and all!
more...
snhn
06-10 11:32 AM
Drunk With ImmigrationVoice. :D
good to see that we still can laugh in such uncertain times as far as immigration is concerned. made me laugh... surprise seeing this funny comment coming from Pappu.... good one...
good to see that we still can laugh in such uncertain times as far as immigration is concerned. made me laugh... surprise seeing this funny comment coming from Pappu.... good one...
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leo2606
07-14 08:32 PM
^^^^^
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diptam
10-02 01:11 PM
Today morning Ombudsman replied to my 2nd email ( as below) and confirmed my address - they said that a reply has been sent to me on Sep 11th for my 7001.
Then i sent a return email saying i didn't receive any reply till today Oct 2nd and he further emailed me back saying that USCIS must give me a response by Oct 30th on my Pending I-140. Keeping fingers crossed - will post here if i see any LUD or activity in my I-140 in the next 3 weeks time.
I've sent an email as well to Ombudsman a week before i sent my Form 7001.
Today they replied my email ( after 5 weeks) asking me to file form 7001 if I want any specific reply. They also mentioned that Form 7001 will be replied in 14 business days and the case will be investigated within 45 business days.
So i just replied to the email saying that i already mailed 7001 and its been 22 business days without any form of reply.
Lets see what they says now.
Then i sent a return email saying i didn't receive any reply till today Oct 2nd and he further emailed me back saying that USCIS must give me a response by Oct 30th on my Pending I-140. Keeping fingers crossed - will post here if i see any LUD or activity in my I-140 in the next 3 weeks time.
I've sent an email as well to Ombudsman a week before i sent my Form 7001.
Today they replied my email ( after 5 weeks) asking me to file form 7001 if I want any specific reply. They also mentioned that Form 7001 will be replied in 14 business days and the case will be investigated within 45 business days.
So i just replied to the email saying that i already mailed 7001 and its been 22 business days without any form of reply.
Lets see what they says now.
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WaldenPond
11-05 12:47 PM
Hello Jimi,
Thank you for taking the lead in southern California. Activating State Chapters is a great idea. We all need to be more active in our local areas. This will help a long way in connecting with other IV members to create more awareness and ultimately achieve success.
Thanks again,
WaldenPond
Thank you for taking the lead in southern California. Activating State Chapters is a great idea. We all need to be more active in our local areas. This will help a long way in connecting with other IV members to create more awareness and ultimately achieve success.
Thanks again,
WaldenPond
more...
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makemygc
08-12 01:28 PM
Srikondo man,
I dont care your fight with 'buddyinus' or your friendship with 'frankzulu' and whether you were travelling by air/car/ship - I would like to ask you a SIMPLE question.
You started this thread saying that USCIS has a "deadline" for completing stuffs last Monday or last last Friday.... All of us trusted you that time - Could you please give us a responsible answer or status Update.
I hope you will reply this time.
Thanks,
I guess forum is all about sharing information that we gather from different sources. No body can assert anything not even USCIS. They open up the gate for all July filer, then closed it and then re-open it again when many protested. So, when someone shared the news that USCIS is not going to accept the july filings, everyone mocked him but that came out to be true.
Forum is all about sharing information. It depends on our judgement as how much we want to believe on that. Srikondji shared some information which he learned from the CRs, now it's up to you if you want to blindly follow that or use that information as a way to curb your anxiety.
People started cursing logiclife when he posted about the FAQ4 to be released by friday and it didn't. But it did came after 2-3 days. So someone who shared that info with Core might have just said we are trying our best to come up with FAQ4 and will release it by Friday and core shared that info with everyone. But that doesn't mean that people should take that info as if it doesn't come on Friday, it will be the end of the world and core should loose his credibility. FAQ4 did came after couple of days and all those people who were cursing logiclife were no where to be seen.
If you put up a clause that no-one should share the info, unless you have a word from God, I guess we'll not have more than 2 or 3 threads here.
So guys..bottom line is stop fighting over what someone said or not, concentrate on what you are doing about it.
As someone rightly said, "Listen to all but do what you think is right". There is similar adage in hindi but I'm not using hindi so that everyone can understand it.
Hope you understand.
I dont care your fight with 'buddyinus' or your friendship with 'frankzulu' and whether you were travelling by air/car/ship - I would like to ask you a SIMPLE question.
You started this thread saying that USCIS has a "deadline" for completing stuffs last Monday or last last Friday.... All of us trusted you that time - Could you please give us a responsible answer or status Update.
I hope you will reply this time.
Thanks,
I guess forum is all about sharing information that we gather from different sources. No body can assert anything not even USCIS. They open up the gate for all July filer, then closed it and then re-open it again when many protested. So, when someone shared the news that USCIS is not going to accept the july filings, everyone mocked him but that came out to be true.
Forum is all about sharing information. It depends on our judgement as how much we want to believe on that. Srikondji shared some information which he learned from the CRs, now it's up to you if you want to blindly follow that or use that information as a way to curb your anxiety.
People started cursing logiclife when he posted about the FAQ4 to be released by friday and it didn't. But it did came after 2-3 days. So someone who shared that info with Core might have just said we are trying our best to come up with FAQ4 and will release it by Friday and core shared that info with everyone. But that doesn't mean that people should take that info as if it doesn't come on Friday, it will be the end of the world and core should loose his credibility. FAQ4 did came after couple of days and all those people who were cursing logiclife were no where to be seen.
If you put up a clause that no-one should share the info, unless you have a word from God, I guess we'll not have more than 2 or 3 threads here.
So guys..bottom line is stop fighting over what someone said or not, concentrate on what you are doing about it.
As someone rightly said, "Listen to all but do what you think is right". There is similar adage in hindi but I'm not using hindi so that everyone can understand it.
Hope you understand.
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sweet23guyin
07-18 03:29 PM
Great.. Thank you.. Please ask your neighbours to join IV i they have not yet.
I never mailed all my contacts at a time in my 10years of email life!
IV made me to do :)
I never mailed all my contacts at a time in my 10years of email life!
IV made me to do :)
more...
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drirshad
06-10 08:19 AM
I was watching one of these stand up comedy:
The guy says, why do the diamond companies come out with logos like
Diamonds are forever, just say Diamonds - that will shut her up.
The EB-GC is like the diamond for us buddies, it will sure shut us up.
We already have lost a decade of our lives in this grinding be it another, ain't got anything better to do.
The guy says, why do the diamond companies come out with logos like
Diamonds are forever, just say Diamonds - that will shut her up.
The EB-GC is like the diamond for us buddies, it will sure shut us up.
We already have lost a decade of our lives in this grinding be it another, ain't got anything better to do.
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chanduv23
09-12 12:20 PM
why do we have to get names from people...
simply decide a course of action... like send out letters or the big-as calculator brother singhsa3 suggested and let them ship it out individually
Well - what I am suggesting is - the more the authenticity - the more effective. The more the anonymous the less effective.
It is not about names or addresses - it is about genuineness.
simply decide a course of action... like send out letters or the big-as calculator brother singhsa3 suggested and let them ship it out individually
Well - what I am suggesting is - the more the authenticity - the more effective. The more the anonymous the less effective.
It is not about names or addresses - it is about genuineness.
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akgind
09-14 05:19 PM
This might be true in your case but not with every body else
That is exactly the point. How can you then argue that all PD porting is unethical, period?
That is exactly the point. How can you then argue that all PD porting is unethical, period?
logiclife
07-06 12:13 PM
I have changed the thread title.
soda
08-11 03:15 PM
If I had my I-485 applications mailed on July 2nd and had it postmarked on July 2nd, but reached USCIS on July 3rd, according to USCIS, does that mean that my application was filed on July 2nd?
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