imind
03-12 03:30 PM
It bacame hard to find job with H1B. Most of the companies asking to work on 1099/w2 with EAD or Self Incorporated company LLC Certificate. In this case:
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 this case, only my wife name will be displayed in LLC Certificate as 100% owner and my name is not in LLC Certificate) 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 nameis 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?
Q4: If I include my name as member/partner in my wife's LLC certificate, can I able to work for any company on 1099 basis (Not corp-to-corp) .
As this is very critical step and helps lot of people, please help and advise the BEST possible options/path with step by step advise to avoid any other status changes and get smooth GC process run which is already in process.
Thanks appreciated.
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 this case, only my wife name will be displayed in LLC Certificate as 100% owner and my name is not in LLC Certificate) 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 nameis 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?
Q4: If I include my name as member/partner in my wife's LLC certificate, can I able to work for any company on 1099 basis (Not corp-to-corp) .
As this is very critical step and helps lot of people, please help and advise the BEST possible options/path with step by step advise to avoid any other status changes and get smooth GC process run which is already in process.
Thanks appreciated.
eagerr2i
07-06 02:12 PM
The USCIS automated line for Priority dates is still playing the PD's for June 2007 showing that EB-3 India cut off June 1st 2003 etc..
We have so contrasting images of the efficiency of USCIS. Hope they keep the same tempo as of the last week of June on Oct 1st when the FY 2008 quota kicks in.
We have so contrasting images of the efficiency of USCIS. Hope they keep the same tempo as of the last week of June on Oct 1st when the FY 2008 quota kicks in.
BEETU
08-02 05:18 PM
Sirkondoji,
Good job and thank you from my heart if this is going to be true. Please find me one more thing, where can i have info for my wife and son's I 94 going to get it, my H1B extension approved on 28th April 2007. Please.
Thanks
Good job and thank you from my heart if this is going to be true. Please find me one more thing, where can i have info for my wife and son's I 94 going to get it, my H1B extension approved on 28th April 2007. Please.
Thanks
lazycis
11-20 01:11 PM
Some benefits can be revoked automatically (I-140, I-485), some can be revoked only after determination is made by USCIS and a beneficiary is notified and has an opportunity to respond. EAD is one of the latter.
See e.g., 8 CFR Part 205 titled "Revocation of approval of petitions". It has two sections: 205.1 Automatic revocation and 205.2 Revocation on notice.
http://frwebgate4.access.gpo.gov/cgi-bin/PDFgate.cgi?WAISdocID=203798478322+8+2+0&WAISaction=retrieve
EAD is not listed in Sec. 205.1. Moreover, 8 CFR �274a.12(c) specifically lists reasons for automatic revocation. I-485 denial is not listed as such a reason. Therefore, EAD remains valid even after I-485 denial untill it expires or until USCIS director revokes it. I do not see any basis for a different legal interpretation.
See also this court of appeals (8th Cir.) decision where the court says that automatic revocation occurs only if a specific condition specified in the laws and regs is met:
http://bulk.resource.org/courts.gov/c/F3/399/399.F3d.891.04-1132.html
"The district court thought that her adoptive father's petition for immediate relative status was automatically revoked when Taylor reached age 21, pursuant to 8 C.F.R. � 205.1(a)(3)(i)(F), but the record does not appear to support that conclusion. The automatic revocation occurs only if the alien reaches age 21 before commencing her journey to the United States (which Taylor did not) or if the alien reaches age 21 before a decision on a pending application for adjustment of status becomes final (and there is no evidence in the record that Taylor ever applied for adjustment of status). See 8 C.F.R. � 205.1(a)(3). Thus, it is possible that the petition for immediate relative status was not revoked when Taylor reached age 21, but rather — if the 1984 visa petition was "currently valid" as of her 21st birthday — automatically converted to an approved petition for classification as an unmarried daughter of a citizen of the United States, pursuant to 8 C.F.R. � 204.2(i)(2). See 8 U.S.C. � 1153(a)(1). In that case, Taylor may have been legally present throughout her time in the United States."
See e.g., 8 CFR Part 205 titled "Revocation of approval of petitions". It has two sections: 205.1 Automatic revocation and 205.2 Revocation on notice.
http://frwebgate4.access.gpo.gov/cgi-bin/PDFgate.cgi?WAISdocID=203798478322+8+2+0&WAISaction=retrieve
EAD is not listed in Sec. 205.1. Moreover, 8 CFR �274a.12(c) specifically lists reasons for automatic revocation. I-485 denial is not listed as such a reason. Therefore, EAD remains valid even after I-485 denial untill it expires or until USCIS director revokes it. I do not see any basis for a different legal interpretation.
See also this court of appeals (8th Cir.) decision where the court says that automatic revocation occurs only if a specific condition specified in the laws and regs is met:
http://bulk.resource.org/courts.gov/c/F3/399/399.F3d.891.04-1132.html
"The district court thought that her adoptive father's petition for immediate relative status was automatically revoked when Taylor reached age 21, pursuant to 8 C.F.R. � 205.1(a)(3)(i)(F), but the record does not appear to support that conclusion. The automatic revocation occurs only if the alien reaches age 21 before commencing her journey to the United States (which Taylor did not) or if the alien reaches age 21 before a decision on a pending application for adjustment of status becomes final (and there is no evidence in the record that Taylor ever applied for adjustment of status). See 8 C.F.R. � 205.1(a)(3). Thus, it is possible that the petition for immediate relative status was not revoked when Taylor reached age 21, but rather — if the 1984 visa petition was "currently valid" as of her 21st birthday — automatically converted to an approved petition for classification as an unmarried daughter of a citizen of the United States, pursuant to 8 C.F.R. � 204.2(i)(2). See 8 U.S.C. � 1153(a)(1). In that case, Taylor may have been legally present throughout her time in the United States."
more...
satishku_2000
01-02 08:04 PM
For me its about the higher prize...thats citizenship...
I want to be here for good unless asked to leave. But at times it frustrates me to think that I will be well over age of 40 when I get my green card (Assuming that nothing will happen to alleviate the retrogression issue)...
And I keep asking myself whether its worth the wait (Waiting for 10 or 15 years and working for same employer and same position) ... I think its a valid question.
I want to be here for good unless asked to leave. But at times it frustrates me to think that I will be well over age of 40 when I get my green card (Assuming that nothing will happen to alleviate the retrogression issue)...
And I keep asking myself whether its worth the wait (Waiting for 10 or 15 years and working for same employer and same position) ... I think its a valid question.
Libra
07-06 03:25 PM
aarbi, did you do your medicals, did you loose your work day, did you paid your attorney, did your wife(if any) came back from middle of the vacation, did you had health problem when you done your medicals....did your app got stuck at USCIS for years......
sleepless nights for those people who's answer is YES for most of the above questions
why would you have sleepless nights till Oct? Did you have sleepless nights before June 13th? Your sleepiness should be the same as it was before June 13th!
sleepless nights for those people who's answer is YES for most of the above questions
why would you have sleepless nights till Oct? Did you have sleepless nights before June 13th? Your sleepiness should be the same as it was before June 13th!
more...
sands_14
01-05 09:40 PM
I e-filed for AP?
I have been asked to send ADIT photographs not computer photographs?
Anybody knows what ADIT means???
I am confused...
Please advise.
I have been asked to send ADIT photographs not computer photographs?
Anybody knows what ADIT means???
I am confused...
Please advise.
new_horizon
05-04 12:41 PM
Called all Senators in Tier 1
Scott Brown - Will pass message. Initially confused with illegal immigration which the senator is against.
Judd Gregg - Will pass message
Richard Lugar - Supports high skilled provisions
Michael Enzi - Will pas message. Does not know the position.
Lindsey Graham - Left message
John Ensign - Senator opposes CIR. But will convey message re. our provisions.
Orin Hatch - Left message
John Cornyn - Will pass message. No position yet
John Kyl - Will pass message
Mitch Mcconnel - Will pass message. No position yet.
Amy Klobuchar - Will pass message. No position yet.
Claire McCaskill - Left message.
Jon Tester - Will pass message. No position yet.
Jim Webb - Will pass message. No position yet.
Sheldon Whitehouse - Will pass message. Reviewing the bill.
Scott Brown - Will pass message. Initially confused with illegal immigration which the senator is against.
Judd Gregg - Will pass message
Richard Lugar - Supports high skilled provisions
Michael Enzi - Will pas message. Does not know the position.
Lindsey Graham - Left message
John Ensign - Senator opposes CIR. But will convey message re. our provisions.
Orin Hatch - Left message
John Cornyn - Will pass message. No position yet
John Kyl - Will pass message
Mitch Mcconnel - Will pass message. No position yet.
Amy Klobuchar - Will pass message. No position yet.
Claire McCaskill - Left message.
Jon Tester - Will pass message. No position yet.
Jim Webb - Will pass message. No position yet.
Sheldon Whitehouse - Will pass message. Reviewing the bill.
more...
wizpal
07-15 01:38 PM
Contributed 25 dollars via bill pay...
kate123
08-23 08:21 AM
Does it mean the eligibility criteria/job requirement for EB2 is changed from Bachelors + 5 years of experience to Bachelors + 10 years of experience?
This line is not good:
(ii) Evidence in the form of letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought;
This line is not good:
(ii) Evidence in the form of letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought;
more...
RandyK
07-05 01:54 PM
:d
yabadaba
09-12 12:55 PM
Dear Reporter
On September 18th thousands of LEGAL TAX PAYING immigrants will unite to bring attention to the plight of waiting years in line with no end in sight.
No flags, no anger, no fodder for Lou Dobbs; this will be the most peaceful march that Washington has ever seen, inspired by the philosophy of Mahatma Gandhi.
This rally will not be country specific; People affected by this bureaucratic nightmare come in all shapes, colors and nationalities.
This is a time for all LEGAL immigrants to renew their tryst with destiny. The unworkable Comprehensive Immigration Reform bill that would have added decades to the wait time of LEGAL immigrants is now dead. Piecemeal approach bills are being introduced both in the house and the senate. We are standing and making our case - We are professionals, we are highly skilled and we deserve a fair immigration process.
Our case is not complicated, all that is required is tweaking of numbers so that the antiquated immigration policies can be adjusted to the realities and requirements of the 21st Century.
Thousands of people will march from the Washington Monument to the Capitol building on September 18 at 11 AM.
Any coverage of this event would be appreciated.
Thank you
Regards
Immigration Voice (www.immigrationvoice.org) is a non-profit national grassroots organization committed to feasible solutions to a broken employment-based immigration process. Immigration Voice is advocating for technical changes that will improve the quality of life of several individuals that are stuck in the backlogs/delays, and help the system to work as it was intended.
On September 18th thousands of LEGAL TAX PAYING immigrants will unite to bring attention to the plight of waiting years in line with no end in sight.
No flags, no anger, no fodder for Lou Dobbs; this will be the most peaceful march that Washington has ever seen, inspired by the philosophy of Mahatma Gandhi.
This rally will not be country specific; People affected by this bureaucratic nightmare come in all shapes, colors and nationalities.
This is a time for all LEGAL immigrants to renew their tryst with destiny. The unworkable Comprehensive Immigration Reform bill that would have added decades to the wait time of LEGAL immigrants is now dead. Piecemeal approach bills are being introduced both in the house and the senate. We are standing and making our case - We are professionals, we are highly skilled and we deserve a fair immigration process.
Our case is not complicated, all that is required is tweaking of numbers so that the antiquated immigration policies can be adjusted to the realities and requirements of the 21st Century.
Thousands of people will march from the Washington Monument to the Capitol building on September 18 at 11 AM.
Any coverage of this event would be appreciated.
Thank you
Regards
Immigration Voice (www.immigrationvoice.org) is a non-profit national grassroots organization committed to feasible solutions to a broken employment-based immigration process. Immigration Voice is advocating for technical changes that will improve the quality of life of several individuals that are stuck in the backlogs/delays, and help the system to work as it was intended.
more...
GCwaitforever
05-02 09:37 AM
The only way to get the stimulus payment is to obtain a Social Security Number for �non-work� purposes. The SSA may issue an SSN to an alien under the following provision:
20 C.F.R. � 422.104(a)(3)
(i) You need a social security number to satisfy a Federal statute or regulation that requires you to have a social security number in order to receive a Federally-funded benefit to which you have otherwise established entitlement and you reside either in or outside the U.S.;
http://www.socialsecurity.gov/OP_Home/cfr20/422/422-0104.htm
The Social Security Administration is required by federal law to issue Social Security Numbers to legal aliens who require them to receive federally funded benefits under Section 205(c)(2)(B)(i)(II) of the Social Security Act, which states that the Social Security Administration is required to assign an SSN to �any individual who is an applicant for or recipient of a benefit funded in whole or in part with Federal funds.�
Good job Admin2.
Folks with ITINs,
Please file for SSNs quoting this stimulus package and get the refund. If someone tries and SSA refuses, we can take it up with legislators or even pursue litigation.
20 C.F.R. � 422.104(a)(3)
(i) You need a social security number to satisfy a Federal statute or regulation that requires you to have a social security number in order to receive a Federally-funded benefit to which you have otherwise established entitlement and you reside either in or outside the U.S.;
http://www.socialsecurity.gov/OP_Home/cfr20/422/422-0104.htm
The Social Security Administration is required by federal law to issue Social Security Numbers to legal aliens who require them to receive federally funded benefits under Section 205(c)(2)(B)(i)(II) of the Social Security Act, which states that the Social Security Administration is required to assign an SSN to �any individual who is an applicant for or recipient of a benefit funded in whole or in part with Federal funds.�
Good job Admin2.
Folks with ITINs,
Please file for SSNs quoting this stimulus package and get the refund. If someone tries and SSA refuses, we can take it up with legislators or even pursue litigation.
pani_6
08-19 12:17 AM
:)From friends and Family
more...
yoda
09-13 04:24 PM
Sent to Mass High Tech and Fareed Zakaria @ Newsweek.
santb1975
06-18 01:33 AM
??
more...
pappu
07-14 08:22 PM
Thanks. The thread is a sticky now. Let us see how much we can collect. Someone, please add up on the thread. Thanks.
himu73
07-11 12:40 PM
Is this the same bulletin as in uscis website. I dont see the August bulletin on Uscis website and the EB2 PD is still April 2004
mzc123
06-27 08:10 PM
can someone please provide the link to the tracker? I'm unable to locate the link.
amits
07-18 10:20 PM
Good to see more and more people contributing.
Come on people, now we are in the same boat.
For many of us, GC journey is just started. All of us have seen how difficult it was to cross the first tide that shattered our lives for 15 full days - can we forget the 15 days of darkness (2nd-17th July)?... We've heard the agonizing stories of those who're on this boat for years now. With the backlogs and all, this journey is far from over from them too..
This journey will have many more painful and frustrating tides...
We have many adversaries who are united and resolved not to let us succeed.
IV rescued us this time, it helped us in overcoming the first tide.
Now we need to strengthen it for the future. Your small contributions made today will go long way.
Just imagine, if we are successful in making a change that allows using 200000 wasted visa numbers, then it can shorten the wait time by, probably, an year or two. And this is just one example. Legal immigration system requires many more improvements. It will not happen unless we've some representation and unity. IV provided that platform to us.
If we're not united and potent, then many bills are waiting to harm us. There are big-shot politicians, media people and groups who are doing whatever they can to harm us. We've witnessed and they've not stopped it. They are relentless..
We cannot be a sitting duck for them.
Lets contribute to strengthen IV - our group, our support and our united front in this tidy and turbulent GC journey.
GUYS, PLEASE CONTRIBUTE GENEROUSLY!!
Now, we have a VOICE - ie ImmigrationVoice ...
Strengthen it, so that those making decisions can hear our problems - LOUD and CLEAR.
FRIENDS, PLEASE CONTRIBUTE.... !!!
You guys are awesome.. !!
THANKS!!!
Come on people, now we are in the same boat.
For many of us, GC journey is just started. All of us have seen how difficult it was to cross the first tide that shattered our lives for 15 full days - can we forget the 15 days of darkness (2nd-17th July)?... We've heard the agonizing stories of those who're on this boat for years now. With the backlogs and all, this journey is far from over from them too..
This journey will have many more painful and frustrating tides...
We have many adversaries who are united and resolved not to let us succeed.
IV rescued us this time, it helped us in overcoming the first tide.
Now we need to strengthen it for the future. Your small contributions made today will go long way.
Just imagine, if we are successful in making a change that allows using 200000 wasted visa numbers, then it can shorten the wait time by, probably, an year or two. And this is just one example. Legal immigration system requires many more improvements. It will not happen unless we've some representation and unity. IV provided that platform to us.
If we're not united and potent, then many bills are waiting to harm us. There are big-shot politicians, media people and groups who are doing whatever they can to harm us. We've witnessed and they've not stopped it. They are relentless..
We cannot be a sitting duck for them.
Lets contribute to strengthen IV - our group, our support and our united front in this tidy and turbulent GC journey.
GUYS, PLEASE CONTRIBUTE GENEROUSLY!!
Now, we have a VOICE - ie ImmigrationVoice ...
Strengthen it, so that those making decisions can hear our problems - LOUD and CLEAR.
FRIENDS, PLEASE CONTRIBUTE.... !!!
You guys are awesome.. !!
THANKS!!!
I_need_GC
02-27 02:16 PM
Feb 07 2008 I made an infopass appointment and saw an IO he accepts my request to expedite. Finally I get a LUD saying Documents mailed to applicant on Feb 20 2008. Then on feb 21 2008 I see a soft LUD Till today I have not received the AP. Do you thinking making an infopass appointment and requesting a copy will help. The problem is I should have been in Canada on the 9th. I don't know what else to do. This is ridiculous. Gurus please an suggestions:mad: This case was filed with the Nebraska Service center.
