Thursday, June 9, 2011

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  • Napoleon
    03-12 12:33 PM
    http://immigrationvoice.org/forum/showthread.php?t=13349

    Please do a search on this site, we have discussed this in couple of forums in great detail.
    You will find all your answers there.
    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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  • EkAurAaya
    10-18 06:02 PM
    And dont forget, some of the anti-immigrants think that July bulletin was amnesty and that 320,000 people got amnesty.

    For them

    immigration = "amnesty"

    :D




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  • indyanguy
    09-09 11:50 AM
    What I heard from one of my friend that now a days DOL issues RFE left and right but if company is ready to file for new labor and if they have open position for it .. Don't wait. Even if you get RFE you will be in line ahead of many who is thinking to apply for Eb2..

    By RFEs, I assume you mean the request Business Necessity letter to clarify why this person is needed for the advertised position?




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  • mambarg
    07-20 07:04 PM
    Copy of notice is fine.



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  • eb2dec2005
    02-22 07:05 PM
    hi,

    My I140 was approved in 2006 and based on that i got a 3 year extension on my H1 visa. I filed for I485 in July 2007 and have an approved EAD and AP extension too.

    Around 3 months back i joined a company as a permanent employee using my EAD.
    I did not inform my employer about the new employment because he had already cancelled my Health insurance etc, after 3 months vacation in india and another 2 months without a project.So i wasn't on his payroll since April '08.

    I recently got an update on my H1 application with the following message.
    Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.

    I am assuming it has to do with cancellation of my H1.
    I am not sure if my I140 is cancelled or not.Is there a way i could check this?

    I also saw a soft LUD on our I485's on Feb 10th. Does the cancellation of my H1 have any effect on the I485 applications?

    Its been an endless wait for this GC since 10 years of my stay in this country.Now iam worried whether the H1 cancellation would jeopardise everything.

    Since i was without project for a long time, i had to join the new job using EAD.

    Please let me know your opinions.




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  • mbkreddy
    09-20 09:50 AM
    NPRs market place full article can be found here
    http://marketplace.publicradio.org/display/web/2007/09/20/skilled_immigrant_protests/



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  • rangaswamy
    06-29 12:51 PM
    all paper work almost done but waiting for updated passport




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  • wandmaker
    10-28 12:11 PM
    - Pre-approved labor dated 03/2004
    - Filed 140 in 04/2007 and filed 485 in 08/2007. Got EADs as well
    - RFE on 140 after 2 years waiting (in fact it was on the last day of 2nd year. In between, it was passed thru all the 4 centers and came back to same place where it was filed). Education mismatch and other stuff. Employer responded in 21 days
    - 2nd RFE on 140 after 30 days - Education mismatch - Again responded
    - There was no response even after 60 days, so we called and created a service request.
    - Finally the 140 has been denied today. I did not get the notice yet. I'm thinking, it is because of Education mismatch

    The labor was for 4years degree and I have 3 years degree + 1 year post graduate diploma with 8 years experience by the time filing 140. And I did my masters in US, but I got this after couple of months of I filed my 140.

    Please advice what are options available for me.

    USCIS used to accept 3=4, 60 page template evaluations - it is no longer the case. Second, your is SL, it always throws a doubt in legitimacy of job offer. Given the current sitiation, 2nd RFE is mainly on education because USCIS is not convinced with your 1st response. Your chances of success is slim (if you can prove the 3 +1 is in the same line of study) to none - Restart your GC. You are now paying the price for choosing the SL route.



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  • fearonlygod
    11-13 08:44 PM
    Hi Guys,

    My previous employer has withheld my salary without any reaon..even though i gave app notice, abided with policies and had no bond or anything.

    He is not paying my final paycheck since quite a few months and when i call earlier he used to say he will pay but now started like dont call me i will give when i have time......

    If i complain to DOL wether i have to fill WH4 or state DOL wahe and Hour form...and would this processs has any effect on GC processing when i start or any repuircussions...as for proof of non payment of salary i have all timesshetss, refernce letters and His mails also

    Please Sugest




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  • reddymjm
    02-13 03:22 PM
    My daughter can not write yet. I will do that this weekend. I know I am late on this.



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  • Suva
    04-30 12:22 PM
    Nop...

    I was wondering if they have restarted premium processing for I-140 yet?




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  • vaishnavilakshmi
    07-07 05:23 PM
    Hi all,

    There are many applications which reached on 30th june and 1st july too!!!My application was mailed on 29th june and reached uscis (nebraska)on 30th june .Can u please upgrade the poll??

    vaishu



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  • danu2007
    08-03 05:34 PM
    My I-140 is approved.

    But as per the August visa bulletin all the country visa numbers are U right. The August 17th is just an extension for the July visa bulletin rollback right?




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  • hebron
    06-23 08:25 AM
    Mine is the same company that applied for EB2 in the first place

    Thanks Jamesingham, Did you get your PERM approval? When you applied for EB2 with the same employer that filed your EB3, were your job descriptions atleast 50% different?

    Thanks.



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  • GC_LOOKIN
    09-13 04:50 PM
    All the checks have been cashed today :)and got the receipt numbers from the back of the check.

    Received by NSC on July2nd at 9.01 AM signed by R.MICKELS
    140 - NSC
    Checks cashed today(september 13th)




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  • uskiwi
    05-19 11:28 AM
    Can you then apply for the new H1B durng the 12 month stand down period or you have to wiat the 12 months before applying for one?



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  • gc_in_30_yrs
    11-29 01:53 PM
    :rolleyes: i am there with you now. i dive into the pool to do whatever i can in my powers to help us out of this mess.:rolleyes:

    i am in austin, pm me for my info.




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  • Jaime
    09-22 08:24 PM
    What if we all collect 3-5 stories each (like Ranga's) of people we know who have left or are planning to leave the U.S. as part of the Reverse Brain Drain, put them all in a book form, call this "The face of the self-inflicted U.S. Reverse Brain Drain" bind it and send copies of this book to al Congressmen, media, etc?




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  • jlt007us
    09-14 12:08 PM
    I came to US on H1B in 2000. I have an engineering degree (10+2+4) from a premier institute in India in Information Systems. Before coming to US I worked for an MNC for 4+ years. I am with the current employer since 2003. Following are my case details.

    Case 1:
    EB2 Labor filed: April 2005
    Labor Approved: December 2005
    I-140 Filed: January 2006
    RFE for Ability 2 pay and RFE replied.
    I-140 Denied: August 2007
    Never recieved the denial notice as per the lawyer

    Case 2:
    EB2 Labor filed: August 2005
    Labor Approved: January 2006
    I-140 Filed: August 2007 (I checked the status online and informed the lawyer who immediately filed for this I-140 basing on the approved labor)
    I-485 Filed: August 2007
    RFE for W2/wages company tax information etc that were replied on time.
    I-140 Denied Sep 2009


    EAD valid till October: 2010
    AP Valid till Feb 2010

    H1 B 8th year extension filed: July 2008 (There was a mistake during the filing as the reference was made to denied I-140 instead of the pending one)
    Extension Denied based on Case 1 I-140: October 2008
    I-290B Appeal to commissioner filed and pending as of date

    Case 3:
    Pending EB2 labor since October 2008.

    I am paid more than the prevailing wages. Now the question is:
    1. Should I file for MTR/Appeal (we still haven't recieved the denial notice).
    2. I believe it is just a matter of time before I-485 status changes to denied. Will the EAD/AP become invalid as well?
    3. If MTR/Appeal is filed for I-140, can I still continue working?

    Any thoughts or suggestions will be appreciated.




    sukhyani
    12-20 11:50 AM
    yeah the two shows 'Daily Show with Jon Stewart' and 'Colbert Report' run back to back. I have not seen any media personality that influential in shaping public opinion. They are mostly honest and ruthlessly blunt about issues.

    IV members, please post your comments on his message board. If there are a substantial number of posts, only then we can hope for him to ever talk about our issue on his show.




    ghost
    06-22 03:25 PM
    Before this thread spirals into a controversial discussion, I'd like to clarify that some members may be desperate to see the results but they have to understand that it will take time. So be patient and please stop writing accusing posts, even if you mean it in a lighter vein. It will do no good to any of us.

    Any one who understands how american politics work should realize that we are in a conundrum and the best way to get out of this is to recruit more members to represent us.

    Now dont waste time posting useless messages like this one:p on this forum and divert your energy towards recruiting new members.

    Mods, if possible, please delete the un-related messages from this post. Thanks!



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