k_sing
09-20 12:17 PM
Responding to latest response:
"Member" does not mean an employee.
As a member I would have access to their proprietary software to do trades ( just like having an account with any other broker)
A member however has no voting rights etc. ( it's a private LLC/trust)
At the end of the year, instead of a 1099 tax form, the trust would provide a share of profits generated by "my stock trades" and it is instead done on K1 tax form, which is treated as income.
About the internet biz:
I would be the only one "owning" / running the biz.. as I own the domain ( it's not a LLC ).
Can I receive income checks in my name ?
thanks!
"Member" does not mean an employee.
As a member I would have access to their proprietary software to do trades ( just like having an account with any other broker)
A member however has no voting rights etc. ( it's a private LLC/trust)
At the end of the year, instead of a 1099 tax form, the trust would provide a share of profits generated by "my stock trades" and it is instead done on K1 tax form, which is treated as income.
About the internet biz:
I would be the only one "owning" / running the biz.. as I own the domain ( it's not a LLC ).
Can I receive income checks in my name ?
thanks!
new_horizon
03-08 06:44 AM
Filed online on Dec 20 for both me and my wife. Send additional docs in 1 week. EAD and AP approved on Feb 23. Nebraska center. Only sad thing is EAD and AP are not in one card. I got EAD approved for 2 years, but AP for only 1 year in paper form.
Can anyone offer suggestion if I should call USCIS why they did not give it in a single card. 'coz I thought they were supposed to issue both the EAD and AP in one card starting Feb 11. I applied for both together.
Can anyone offer suggestion if I should call USCIS why they did not give it in a single card. 'coz I thought they were supposed to issue both the EAD and AP in one card starting Feb 11. I applied for both together.
tnite
08-06 04:06 PM
bump
Oasis52
05-16 09:06 AM
Thanks you are right on consular processing and you are also right that on transfer receipt one can start working
But I am still confused on entering USA. I read on all the forums, you can enter usa with a Transfer Receipt if your h1 stamp is still valid.
So thats something i am trying to sort out.
But I am still confused on entering USA. I read on all the forums, you can enter usa with a Transfer Receipt if your h1 stamp is still valid.
So thats something i am trying to sort out.
more...
Rockford
08-31 10:20 AM
Hey guys I guess now interim EAD is possible if application is pending for 75 days.Got this information on murthy's site(In weekly Bulletin).Below is the link
http://www.murthy.com/bulletin.html
I hope I understood it correctly.
What do all of you say?
If you are referring to this paragraph , The answer is , field offices will NOT issue interim EAD. They can however request one and I think that is what they do today (Some field offices, as per Katri)when you take an appointment at local office to raise this issue:
The CIS Ombudsman has been engaging in discussions with the USCIS filed offices, in an effort to institute a uniform policy to assist EAD applicants with applications pending for 75 days or more. Since interim EAD production could take several days, the Ombudsman believes it should not be necessary for an applicant to wait for 90 days before requesting an interim EAD at the field office. Field offices no longer issue EADs; however, they can request interim EADs for pending applications. Mr. regrets that some field offices are not focused on helping their customers to continue uninterrupted employment, when the customers are doing their part to abide by the laws and maintain the validity of their EADs.
�MurthyDotCom
The CIS Ombudsman requested teleconference participants to notify his office if and when a field office refuses to request the production of an interim EAD card, when the application has been pending for approximately 75 days from the date of application.
http://www.murthy.com/bulletin.html
I hope I understood it correctly.
What do all of you say?
If you are referring to this paragraph , The answer is , field offices will NOT issue interim EAD. They can however request one and I think that is what they do today (Some field offices, as per Katri)when you take an appointment at local office to raise this issue:
The CIS Ombudsman has been engaging in discussions with the USCIS filed offices, in an effort to institute a uniform policy to assist EAD applicants with applications pending for 75 days or more. Since interim EAD production could take several days, the Ombudsman believes it should not be necessary for an applicant to wait for 90 days before requesting an interim EAD at the field office. Field offices no longer issue EADs; however, they can request interim EADs for pending applications. Mr. regrets that some field offices are not focused on helping their customers to continue uninterrupted employment, when the customers are doing their part to abide by the laws and maintain the validity of their EADs.
�MurthyDotCom
The CIS Ombudsman requested teleconference participants to notify his office if and when a field office refuses to request the production of an interim EAD card, when the application has been pending for approximately 75 days from the date of application.
tnite
10-15 02:02 PM
Sorry Gurus, Couldn't figure out how to start a new thread. So posting here,
My spouse is on H4, Now she wants to use EAD and work.She wants to work part time, She has found a job as well, but the employer is sayng she can do parttime only for few months, after that she has to do full time or find a job somewhere else. Now if she cannot find another parttime job after few months, and has to stop working , will it affect her status?
Thankx in advance.
Once she goes from H4 to AOS(using EAD), it doesnt matter .she can work partime, FT or not work at all.
My spouse is on H4, Now she wants to use EAD and work.She wants to work part time, She has found a job as well, but the employer is sayng she can do parttime only for few months, after that she has to do full time or find a job somewhere else. Now if she cannot find another parttime job after few months, and has to stop working , will it affect her status?
Thankx in advance.
Once she goes from H4 to AOS(using EAD), it doesnt matter .she can work partime, FT or not work at all.
more...
pappu
07-09 09:07 AM
I am starting this thread to see if IV can help CP (consular processing) filers (who are already in the US) who are the worst affected due to retrogression.
Issues:
1. CP filers do not have any interim benefits like EAD, AP, AC21 provision.
2. CP filers lose their GC application if the employer closes down business and they have to start all over from scratch (after finding a sponsor).
3. CP filers are the ones actually stuck with the same employer due to not having EAD.
4. Most CP filers would not have got the income tax rebate ($600 per individual and $300 per child) if they had filed return jointly with their spouse and if the spouse was not working. This is just insane.
As we are losing sight of, the only rescue for CP filers, recapturing bill - the only other option will be to enable CP filers to file for 485 even if their PD is not current. I am assuming this does not need a change to the legislation and can be done by DOS/USCIS. I may be wrong. Otherwise, CP filers especially EB3 India with PD 2002/2003 have high risks if they have to lose their current GC application, which I think is quite unfair.
I know, even IV hardly cares for CP filers as there is not even a provision to enter CP details in the tracker, however, just wanted to try our luck.
If IV thinks this is too much for the asking, feel free to delete this thread.
If anyone can't resist the urge to ask us, why the heck did you file for CP, well, nobody would have anticipated this plight and above all CP is not illegal!
It is untrue that IV does not care for CP filers.
One should not blame IV for not taking up a cause. IV is everyone. Core team is simply assisting the community in the general management of the organization. It is the community that powers all efforts.
We have had mostly AOS members till now and thus the focus has been on AOS. If you wanted CP in the tracker, let us know and we will add it.It is a minor issue. We haven't had anyone telling us till now or even telling us the bugs in the tracker so that we can improve it.
If you feel strongly that this is a genuine problem for CP filers, and everyone stuck in it can present compelling case for it, please feel free to lead the effort. IV will help you with guidance. Recently several members stuck in Perm audit delays approached IV and they took the initiative to start a campaign. I think this is how IV should evolve for future so that people can help themselves using this platform. IV is willing to help anyone stuck in the EB immigration system. Could you find more people like yourself stuck in CP filing in one place on this forum and discuss amongst yourself various ideas and strategies to find a solution to the problem. IV core will be available for guidance and advice.
Issues:
1. CP filers do not have any interim benefits like EAD, AP, AC21 provision.
2. CP filers lose their GC application if the employer closes down business and they have to start all over from scratch (after finding a sponsor).
3. CP filers are the ones actually stuck with the same employer due to not having EAD.
4. Most CP filers would not have got the income tax rebate ($600 per individual and $300 per child) if they had filed return jointly with their spouse and if the spouse was not working. This is just insane.
As we are losing sight of, the only rescue for CP filers, recapturing bill - the only other option will be to enable CP filers to file for 485 even if their PD is not current. I am assuming this does not need a change to the legislation and can be done by DOS/USCIS. I may be wrong. Otherwise, CP filers especially EB3 India with PD 2002/2003 have high risks if they have to lose their current GC application, which I think is quite unfair.
I know, even IV hardly cares for CP filers as there is not even a provision to enter CP details in the tracker, however, just wanted to try our luck.
If IV thinks this is too much for the asking, feel free to delete this thread.
If anyone can't resist the urge to ask us, why the heck did you file for CP, well, nobody would have anticipated this plight and above all CP is not illegal!
It is untrue that IV does not care for CP filers.
One should not blame IV for not taking up a cause. IV is everyone. Core team is simply assisting the community in the general management of the organization. It is the community that powers all efforts.
We have had mostly AOS members till now and thus the focus has been on AOS. If you wanted CP in the tracker, let us know and we will add it.It is a minor issue. We haven't had anyone telling us till now or even telling us the bugs in the tracker so that we can improve it.
If you feel strongly that this is a genuine problem for CP filers, and everyone stuck in it can present compelling case for it, please feel free to lead the effort. IV will help you with guidance. Recently several members stuck in Perm audit delays approached IV and they took the initiative to start a campaign. I think this is how IV should evolve for future so that people can help themselves using this platform. IV is willing to help anyone stuck in the EB immigration system. Could you find more people like yourself stuck in CP filing in one place on this forum and discuss amongst yourself various ideas and strategies to find a solution to the problem. IV core will be available for guidance and advice.
EB3June03
06-22 07:24 AM
Thanks for your reply hiralal.
Actually, the PPD was positive due to the BCG vaccination. I have heard so many cases that show positive PPD due to the BCG vaccination.
Until 2008, the USCIS was fine with the X Ray clear after the PPD is positive. That has changed and now they need the size of the induration of the test. I don't have the documentation with me right now.
I agree with you that health is wealth and treatment should be taken (if needed). But, I do want to take un-necessary medicine. I don't have any issue with my health. I have been in the US for 12 years now and have no active symptoms of TB. What is the point in trying to the route where you are NOT needed to?
Actually, the PPD was positive due to the BCG vaccination. I have heard so many cases that show positive PPD due to the BCG vaccination.
Until 2008, the USCIS was fine with the X Ray clear after the PPD is positive. That has changed and now they need the size of the induration of the test. I don't have the documentation with me right now.
I agree with you that health is wealth and treatment should be taken (if needed). But, I do want to take un-necessary medicine. I don't have any issue with my health. I have been in the US for 12 years now and have no active symptoms of TB. What is the point in trying to the route where you are NOT needed to?
more...
kk_kk
02-19 01:28 PM
I would say go ahead and ask your employer if they can apply another labor in EB2 for the new role. Yes, it is correct that there is a lot of scrutiny these days, but if filed properly and if your compnay has followed all the procedures, your PERM might get approved.
Good Luck
Good Luck
tnite
06-19 09:41 AM
Part 2 application type
I use EB3 , which one should I check? a ?
my wife file with me, which one should she check? b?
part 3 processing information
were you inspected by a US immigration officer? yes or no
what does the "inspected" mean?
You shld check a , if you're the primary applicant
you wife shld check b
yes, everyone who gets a stamp and comes through port of entry and gets stamped , questioned is inspected by a US immigration officer
I use EB3 , which one should I check? a ?
my wife file with me, which one should she check? b?
part 3 processing information
were you inspected by a US immigration officer? yes or no
what does the "inspected" mean?
You shld check a , if you're the primary applicant
you wife shld check b
yes, everyone who gets a stamp and comes through port of entry and gets stamped , questioned is inspected by a US immigration officer
more...
geniousatwork
09-22 08:56 PM
Tsc
which service center tsc or nsc????
which service center tsc or nsc????
sss2000
10-31 02:25 PM
While that is true I wanted to donate whatever I have. I thought if any IV core team member has delta frequent flyer account, I can transfer my miles to his account. Is that a possibility? If so, Do we have any core team member who has delta frequent flyer account? If we pool all the miles we have then IV core team can use these miles to travel.
more...
sukhwinderd
02-17 09:06 AM
but how do we know it reaches everyone waiting for GC. i think people active on IV are willing to contribute in one way or another, but we are unable to spread the message across EB community. as someone suggested, we need to send email to everyone registered on IV website and ask them to contribute in whichever way they can.
fcres
08-09 10:19 AM
Here it is
Q #17 in http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H-1B extensions) during a period in which AOS applications could be filed?
A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations.
And here is what OH says in his breaking news for July 24th after this memo
0724/2007: AC 21 Three-Year Increment H-1B Extension Petition Availability in July and August 2007
Under Section 104(c) of AC 21 Act, those who have an approved I-140 petition or pending EB-485 application with the approved I-140 petition are eligible for the H-1B extension in three-year increment, if they cannot file EB-485 or EB-485 is pending but cannot be adjudicated because of the visa number unavailability for him/her. The question remained whether visa number should be unavailable at the time of filing of H-1B extension or at the time of adjudication of filing. The USCIS FAQ indicates that it will be determined by the date of filing rather than date of adjudication.
You should ask your lawyer to get an amendment. I read here yday somebody doing that.
Q #17 in http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H-1B extensions) during a period in which AOS applications could be filed?
A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations.
And here is what OH says in his breaking news for July 24th after this memo
0724/2007: AC 21 Three-Year Increment H-1B Extension Petition Availability in July and August 2007
Under Section 104(c) of AC 21 Act, those who have an approved I-140 petition or pending EB-485 application with the approved I-140 petition are eligible for the H-1B extension in three-year increment, if they cannot file EB-485 or EB-485 is pending but cannot be adjudicated because of the visa number unavailability for him/her. The question remained whether visa number should be unavailable at the time of filing of H-1B extension or at the time of adjudication of filing. The USCIS FAQ indicates that it will be determined by the date of filing rather than date of adjudication.
You should ask your lawyer to get an amendment. I read here yday somebody doing that.
more...
miguy
06-25 10:22 AM
I though such contracts are illegal in US?....It is employment at will.....that means they can kick you out anytime or you can leave anytime....maybe someone can clarify
americandesi
08-11 05:39 PM
That is not a flaw in the system and in the USCIS manual, they know it. Since the previous I-140 is already approved and you've stayed more than 6 months in that I-140, then there's no need for the ability to pay. USCIS is treating your case as if you already have a GC, it is just that it is pending.
If one has a GC, he can transfer to another employer. It is your risk if your new employer has not the ability to pay you. The same is true with portability, USCIS doesn't care anymore if you transfer to an employer with no ability to pay you because the first I-140 is already approved and you worked for it already. They are concerned now about your I-485 (AOS) and your qualifications under it.
What you say holds good only if employer A had already paid the proffered wage during those 6 months.
Suppose employer A is currently paying 70K and the wage for the proposed GC position is 80K and if employer A is able to prove that his Net Income or Net Assets is >=80K then it’s sufficient to prove ability to pay. In such a case, he is bound to pay 80K only after I-485 approval.
Going by above, the employee wasn’t paid 80K at anytime. Even then, USCIS approves his I-485 if he is able to provide an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A, though the abilty to pay 80K by employer C is in question.
If one has a GC, he can transfer to another employer. It is your risk if your new employer has not the ability to pay you. The same is true with portability, USCIS doesn't care anymore if you transfer to an employer with no ability to pay you because the first I-140 is already approved and you worked for it already. They are concerned now about your I-485 (AOS) and your qualifications under it.
What you say holds good only if employer A had already paid the proffered wage during those 6 months.
Suppose employer A is currently paying 70K and the wage for the proposed GC position is 80K and if employer A is able to prove that his Net Income or Net Assets is >=80K then it’s sufficient to prove ability to pay. In such a case, he is bound to pay 80K only after I-485 approval.
Going by above, the employee wasn’t paid 80K at anytime. Even then, USCIS approves his I-485 if he is able to provide an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A, though the abilty to pay 80K by employer C is in question.
more...
sundevil
06-19 10:04 PM
This time around its unchartered territory with these flood gates open. As for current ways there is a chance(still only chance there is no science) you will get the rcpt date by then, but who knows what will go on.
Guys, this thing is so important, do not play games with it and screw up you application. Unless travel is absolutely must, forget about it. All lawyers including mine are suggesting to cut short any visits, cancel any existing plans and don't make new plans. The dates could retrogress to stone age, do you really want to take a chance and wait for the next opportunity, if something doesn't work out.
Guys, this thing is so important, do not play games with it and screw up you application. Unless travel is absolutely must, forget about it. All lawyers including mine are suggesting to cut short any visits, cancel any existing plans and don't make new plans. The dates could retrogress to stone age, do you really want to take a chance and wait for the next opportunity, if something doesn't work out.
ski_dude12
12-22 12:27 PM
Please contribute to IV.
I am having tough time in getting an appointment with my local Representative and let them know what out problems are. And now this DEC bulletin is making my head spin.
---may be this bulletin will push me more in getting just an appointment--
:cool:God bless America:cool:
I am having tough time in getting an appointment with my local Representative and let them know what out problems are. And now this DEC bulletin is making my head spin.
---may be this bulletin will push me more in getting just an appointment--
:cool:God bless America:cool:
apb
08-06 06:54 PM
Bump
SK2007
11-29 05:15 PM
I am not too sure if USCIS would ask questions when I apply for h1B again in future through another company, about my not using my previous H1 aprooval for working in US.
I don't think USCIS will ask any questions if you are applying for a new H1 from a different company. You might have a problem if you are asking for a transfer as you have not uesd the current H1. Before coming to US, I had 3 H1Bs done by 3 different companies(in the span of 3 years). I used the last one and I had no problem. Actually I had the first H1 stamped and never used it. When I went for the 2nd stamping(before actually coming to US), they just cancelled the first one on my passport. Again, this was between 97 and 99, if things have changed now, I have no idea. I still did not get my GC either (10th year on H1B) so I don't know if that is going to be an issue in future.
I don't think USCIS will ask any questions if you are applying for a new H1 from a different company. You might have a problem if you are asking for a transfer as you have not uesd the current H1. Before coming to US, I had 3 H1Bs done by 3 different companies(in the span of 3 years). I used the last one and I had no problem. Actually I had the first H1 stamped and never used it. When I went for the 2nd stamping(before actually coming to US), they just cancelled the first one on my passport. Again, this was between 97 and 99, if things have changed now, I have no idea. I still did not get my GC either (10th year on H1B) so I don't know if that is going to be an issue in future.
CaliGC
06-15 04:12 PM
Our I485 approved today and officer told us we will receive our cards in 6 to 8 weeks. Thanks
Hi RLNY122004
Please accept my congratulations and enjoy the freedom. Could you please answer the following questions.
1. What do you mean by 'officer told us we will receive our cards in 6 to 8 weeks' Did you take an appointment and visit neary USCIS office?
2. Did you speak on the phone?
3. When was your name check cleared?
4. Did you submit your finger prints recently? if yes was it code 1? 2? 3?
5. Was your I-485 case trasnferred to Texas/Nebraska recently?
I have many more questions but would not bug you, Please provide as much info as possible I would appreciate your reply.
TIA
Hi RLNY122004
Please accept my congratulations and enjoy the freedom. Could you please answer the following questions.
1. What do you mean by 'officer told us we will receive our cards in 6 to 8 weeks' Did you take an appointment and visit neary USCIS office?
2. Did you speak on the phone?
3. When was your name check cleared?
4. Did you submit your finger prints recently? if yes was it code 1? 2? 3?
5. Was your I-485 case trasnferred to Texas/Nebraska recently?
I have many more questions but would not bug you, Please provide as much info as possible I would appreciate your reply.
TIA
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