วันเสาร์ที่ 11 มิถุนายน พ.ศ. 2554

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  • imind
    03-12 12:09 PM
    SUBJECT:
    Start new LLC with wife's EAD and work on 1099/w2 to any company :

    GETTING HARD TO GET IT JOB WITH H1Bs. Asking ONLY accept work on 1099/W2 with EAD/GC with Self Incorporated company LLC Certificate :

    I have following questions on starting LLC on wife's EAD :

    My 1-140 is approved and I-485 is pending (i140 and 485 both completed 180 days) and me and my wife both have EAD and AP. My current status is H1B with the current employer who filed for GC.

    Q1: As current market crisis, lot of companies asking to work on 1099 or on their W2 basis.
    (lot of IT jobs listed for only EAD/GC ....NO H1Bs like that...became hard to find IT job with H1B ).

    For getting job purpose only, can I open LLC (100% owned by wife's name) on wife's name only and can I work for my wife's company through AC21 with my EAD (I'll ask my lawer to do all necessary paper works to meet my job role and job description are same kind and meets AC21 portability) .

    Q2: Lot of new companies asking to show my self incorporated LLC certificate in which my name should be displayed in order to work for them via 1099/w2 basis.
    In this case, what exactly I should do to work any company in US on 1099/w2 basis?
    (Assume that I already opened LLC on my wife's EAD and 100% owned, and my name
    is not listed in the company llc certificate).

    Q3: In case if I joined my wife's company through AC21 under same job role/name that I'm doing ,
    How can I work for other company on 1099/w2 basis?
    How can I work for other company on Contract-to-contract basis?

    As this is very critical step and helps lot of people, please help advise BEST possible options with step by step advise to avoid any other status changes and get smooth GC process run which is already in process.

    Thanks appreciated.
    Imind




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  • cool_desi_gc
    11-18 04:45 PM
    Hey,

    180 days to invoke AC-21 is counted from the day 485 is recieved.Correct ? It is not 180 days from the EAD reciept.Correct me ?




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  • Winner
    03-17 02:25 PM
    Try credit unions first. They have the best rates. I got my loan from http://www.memberhomeloan.com.




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  • franklin
    09-05 05:24 PM
    Well, right now it is all "U" on the visa bulletin, you are right. But I assure you that come October and the following months there will be visas for our Egyptian friend and ROW.

    No, EB3 ROW has been retrogressed for years. I HIGHLY doubt that this will change dramatically come October. As everyone knows, the common assumption is that Priority dates will be similar to January of this year, which means that EB3 ROW PD will be 01AUG02

    Please get your facts straight, this is disinformation.

    Your friends that you refer to must not have been EB3, it is highly unlikely that they got their greencards in under a year if they were. Since the OP didn't say what category they were in, we have to think about all possibilities.



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  • GCScrewed
    11-13 03:07 PM
    How come they have not posted the demand data for the Dec. bulliten? We need to make sure they post the information to prevent them from moving the date in consistent with their policy. Someone raised the question related to EB3 Mexco... one year vs. the rest 1 or 2 weeks. Mexico should have the slowest movement as its demand is very high based on the Nov. demand data. In addition, Mexico must have a lot of cases in the field office as they can't even predict its movement as indicated in the Dec. bulliten.

    Bottom line... we need to closely monitor all the numbers... ideally reconcile them. Otherwise, their imcompetency and unethical behavior will mess up the bulliten again. :rolleyes:




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  • eadguru
    11-02 09:29 PM
    See Signature...
    ----------------------------------------------------
    I-1485/131/765 Sent to TSC on 08/03/07
    (TSC -> VSC -> TSC). ND=10/17/07.

    I-485 transferred to TSC on 10/17/07
    EAD card ordered on 10/24 from VSC. Received 11/01
    AP - RFE for clear copies of PP 10/31
    No Finger Prints



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  • waitin_toolong
    10-01 06:16 AM
    yes to both questions




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  • sai
    03-25 11:43 AM
    How can a attorney help in getting H1 stamped at a Canadian US consulate ?



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  • roseball
    10-16 04:33 PM
    Hi,

    My friend is in a unique situation and needs help. Please guide him with his queries.

    **************************************************
    I'm in USA on H1B since Apr-17-2004 with out any break. I'll complete my 6 year stay in USA H1B by Apr-16-2010.

    My current H1B & I-94 extension was applied on Jun-06-2008 (applied in a group) and approved till May-01-2011.

    My GC labor was applied on May-29-2008 and approved on Oct-11-2008. But..

    We didn't specify about GC labor on H1B/I-94 extension petition.

    My GC I-140 was appilied on Nov-12-2008 and approved on Apr-20-2009.

    Can you please suggest when should I apply for my next H1B & I-94 extensions (based on 'Apr-16-2010' OR 'May-01-2011') ?
    ************************************************** *********

    Though USCIS mistakenly has given you H1 approval till May 2011, you will be considered beyond the 6 yr limit and could be held accountable for unlawful presence. End of the day, its your responsibility to make sure you are on the safe side. I have seen a similar case sometime ago where USCIS issued an RFE and the beneficiary had to go through a lot of trouble to get things straightened out. If I were you, I would have your company file an extension considering Apr 2010 as H1 expiry by providing evidence of your first entry to the US on H1 and your current H1 approval notice and asking them for 3 yrs extension based on approved I-140.




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  • alterego
    09-15 02:12 PM
    On the other hand, I think something else might happen unless things change quickly.

    Growth is slowing down, budget deficit is high, the long term bond curve is inverted, all pointing to a significantly slowing economy. That does not mean recession, but it does mean more layoffs, and more difficulty in getting labor certified. That might impact how things work next year.

    I used to be an optimist, but after 1 year of politics similar to my home country, I am starting to think that most of what you hear and see is hogwash.

    I do not mean that nothing will change, possibly 485 filing will happen, but do not raise your hopes high on GC number increase.


    That is the exact intent of their policy. They percieve that too many Indian IT folks are coming to america. If what you say happens then their intended consequence would be attained.
    Just look at the whole EB thing. Why do they call it EMPLOYMENT BASED immigration then impose COUNTRY SPECIFIC quotas on it. They look at all immigration as a sort of social development. They have EB1 for the truly meritable. The rest of EB immigration/H1b system to them is a safety valve to help keep the labour markets more flexible according to the needs of the day. The 40K is mentioned in the stats. of visas issued for last year. It is on a few of the lawyer websites as well.

    When they want to act on something you can see it in the speed of action.
    Right now someone in EB2 category in ROW can have a green card in 1yr or less. From India, noone can say how long and probably without changes it would be about 7-10 yrs atleast.

    You may be more optimistic that Indians will leave. I am under no such illusion. Having looked at the personas a lot, I tend to feel more will cling on for many many years, just waiting and hoping. Indians will do this for a few reasons. The US advantage in terms of quality of life, money, job opportunities etc is much more. Indians generally tend to put up with more C%^% if it means they can get ahead, and Indians tend to live more for tomorrow than other people ie for children, for financial security etc. These are generally good traits, in this situation they will lead to those clinging on. In a sense AC21 has in a way put us in this situation, by allowing 7th yr H1b extensions. Were that not there, your argument would have been more plausible.



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  • anu_t
    08-13 06:05 PM
    joining back to EB2 company is the only option I see. But if EB2 company doesn't exist , this is a unique situation. Talk with the lawyer immidiately.




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  • buddyinsd
    02-13 07:09 PM
    For my final H1B extension, I used Chugh law firm and my employer did premium processing with them. Got my 3 yr extn in 2 days!!! Not sure if its the law firm or just my case.But they were prompt in paperwork and my interaction with them was only twice. Just honor their checklist and u r done.

    However, for GC, I used Mr. Michael Khosla's (The Law Offices of P. Michael Khosla & Associates, P.C. www.usimmigration.net (http://www.usimmigration.net)) services. Reasonable fee and awesome service. Never had any issues and got my GC in 2010

    I was fortunate to have worked with these wonderful firms from H1 to GC



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  • Desi Unlucky
    09-21 02:37 PM
    I learnt that for couple of years 1999 and 2000, the unused visas were recaptured by some law passed because of which the no of Visas issued were 39 & 47K the last couple oo years. Isn't it worth trying for recapturing of the unused visas between 2001 & 2005 ?




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  • shinjisakaru
    05-25 01:26 PM
    Fax sent



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  • Ann Ruben
    02-16 02:02 AM
    The new PW system seems to be taking about 4-5 weeks, not months.




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  • lonedesi
    01-15 04:54 PM
    This happened with my wife case too. Company applied on June 1 , no update till dec ending , changed to premium processing as we have to go out of country got the approval in two days and copy in 7 days. I think its deliberate. But we are happy that we have it in hand. You cant do anything with this but rather give them extra 1000$ they want.

    You happened to be lucky since you had the option of Premium Processing. But now, even if we wanted to, we cannot opt for it. I am sure, almost 90% of the members who have been waiting for months together would opt for PP (for I-140) if it is available now. I wonder why USCIS has not reinstated PP for I-140 now that they are done with the major workload(receipting,AP,EAD) due to the VB fiasco.



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  • jetr
    08-27 12:25 PM
    Can you please Post the Dates of when you applied for I-140 & when you were APPROVED.
    Thx

    140 Applied - 10/18/2007
    140 Approved - 08/02/2008
    H1 6 yr expiry - 03/23/2009




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  • lazycis
    01-15 11:04 AM
    See also

    http://pubweb.fdbl.com/news1.nsf/d3d98eadd391e98486256aa90014645f/c93cb749b8d8eb65852569bd00730824?OpenDocument

    On December 20, 2000, the Department of Labor (DOL) published interim finalregulations pertaining to H-1B Labor Condition Applications (LCAs) and implementing the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) (65 Fed Reg. 80109-80208). The lengthy rule, titled "Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H-1B Visas in Specialty Occupations and as Fashion Models; Labor Certification Process for Permanent Employment of Aliens in the United States," generally will take effect January 19, 2001

    The rule further clarifies that, in some cases, it is a violation of the wage obligations if an H-1B worker is required to reimburse or pay for attorney fees or other costs associated with the preparation and filing of the H-1B petition. Such payments are allowed only if the H-1Bs wage rate less these payments is greater than the required wage rate as listed on the LCA. If such payments would cause the H-1B's wages to fall below the required rate, they are prohibited. An H-1B may, however, be required to pay for certain costs, not considered the employer's expense, in connection with obtaining the H-1B visa. These include translation and visa fees.




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  • iamakshay
    05-28 05:43 PM
    Thanks Ryan for reply but I am bit confused... Do I need to have US Visa for working with Canadian company, even if company don't have anything do with US.

    It's canada based company and will be working remotely.




    raysaikat
    09-02 08:43 AM
    You are on EAD. When you fill your I-9 form with the EAD info. your on EAD...but USCIS doesnt know about this...its up to the Employer to inform the USCIS but usually (or generally) the employer don't inform the USCIS,however I don't think its mandatory to inform USCIS. In any case its not on your shoulder to inform the USCIS.

    So, what I would do, is save the I-9 form (it must have the date when you signed) and pay-stubs...just to show that you have been on EAD, should you get any RFE regarding the status.

    Thanks....

    This is not correct. The OP's status is not determined by what he files in the I-9 form. The determining factor is the I-94 form, the latest one that is valid. If the OP got an I-94 attached to his I-797 form (usually one does), then s/he is in H1-B from the day printed on the I-94 form regardless how long does the EAD remain valid.

    AFAIK, if the OP wishes to remain on F-1 EAD, s/he can go out of the country before the H1-B I-94 starting date (Oct 1?) and reenter US on F-1 visa (i.e., the I-94 given at the port of entry would be for F-1). I do not know if there is any risk involved, or what would happen to the H1-B approval.

    ---------
    I am not a lawyer. Use at your own risk any information given by me.




    txuser
    03-11 09:39 AM
    For me, it took around 1.5 months to receive the L2 approval notice. I filed online on 11/17/2009, mailed the hard copies of the documents (USPS Priority with delivery confirmation) the same day and received the L2 approval notice on 01/08/2010.

    You can do a concurrent filing for EAD (I-765) along with L2 (I-539). You'd probably receive the EAD in another month (Generally it takes around 2 to 3 months).

    I did the mistake of not filing for EAD concurrently. I filed for EAD the second week of Jan (after receiving the L2 approval notice), Received the notice for Biometrics appointment in 3 days, scheduled for mid-February. Unfortunately, the ASC Office was closed that day due to bad weather and I received a re-scheduled biometrics appointment for the 3rd week of March. So, I am yet to do the biometrics and hopefully I'd get the card 2-3 weeks after the biometrics is done if there are no more surprises.



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