Sunday, June 26, 2011

cartoon girl and boy hugging

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  • orangutan
    08-17 04:40 PM
    GC Life screwed me badly, couldn't file in EB2 2 times even though eligible because of a couple of idiots, only action item I can think for myself is re file in EB-2 which I am doing it very soon and have an appointment wirh Mr.Khanna tomorrow.




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  • sundeep14
    06-11 10:33 AM
    this really sucks !




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  • csvinay
    07-20 12:33 PM
    ok. How did we miss this? Did we miss a chance to call up the concerned senators?




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  • DesiPardesi
    07-13 04:43 PM
    Having some samples loaded will help other members in contacting. I agree that personal story will be more effective but atleast we will know format of request.

    Thanks.



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  • indigo10
    09-27 01:27 PM
    Came to US on F1 - Dec 2002
    Graduated - May 2005
    Started working since - Aug 2005
    First H1B screwed up by employer in 2005, applied new one in 2006 April
    Transfer of labor (dated Dec 2006) in April 2007
    Labor approved before July -2007 fiasco but did not apply I-485 to get married and be with family.
    Married and Wife came on F1 - Aug 2009
    Sticking with the same employer since 2005.
    Waiting for my priority date to be current and hoping coming July will bring cheers.




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  • santb1975
    06-06 01:09 AM
    still not at 20K..We need to keep this going



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  • black_logs
    03-09 11:29 AM
    So they'll probably take out schedule A workers(Nurses etc.) from EB3 category




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  • 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...)???



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  • sledge_hammer
    03-04 02:17 PM
    1. Did you pay for points?
    2. When did you lock?
    3. Who is your lender?

    I am on H1 and AOS and I refinanced my house at 5% . There were no issues and no questions. Just all the usual documents - W2 , paystubs etc etc . It was with a local bank too and not with any high profile institution.




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  • bestofall
    09-12 04:48 PM
    for any IV core agreed plan



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  • EndlessWait
    07-24 04:19 PM
    After all sardarji can make a joke:D

    stop making sterotypical comments.




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  • truthinspector
    09-14 10:12 PM
    Well said ! It seems some people are under the assumption here that every EB2 has a higher IQ and skill than every EB3. I dont know where that logic comes from. Not to offend any highly educated EB2/EB1, but I have personally known so many highly qualified engineers who are extremely incompentent. A person's skill has no direct correlation with the EB category under which (s)he is filed. In my current job, I also know a EB1 engineer whose skills were questionable and was recently kicked out.

    There is no reason to divide the community further. The notion of fairness is already destroyed due to pre-approved labor. I know someone who used it, and has a GC now. But guess what, he gets kicked out of any job every 6 months since he has no skills. Now , its easy for him to find a new job, since he has the GC. But 6 more months (or sometimes lesser) and he is jobless.

    A lot of people had applied in EB3 since EB3 was current for a fairly long time and their lawyers suggested them

    to do so to avoid additional documentation. Many of these people could have applied in EB2 as they had the required qualification including me (US masters). Just like you could have applied in EB1 since you have a Ph.D; but you decided to apply in EB2.

    The catagory on which a person applies for greencard doesn't necessarily reflect his/her capability or intelligence. After all, if Michael Dell or Bill Gates had to apply for green card they had to apply in EB3. On the other hand, a lot of EB2 filers just fabricated their resumes with years of experience to qualify for EB2. But that shouldn't overcast shadows on real EB2 peoples ability.

    I don't know from where you got your Ph.D but it definitely didn't inprove your ability to think rationally as evident in your post.



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  • Libra
    09-11 05:22 PM
    thank you gcwait, please also attend rally.




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  • gccube
    07-18 02:59 PM
    Donot they limit to the apps with current PD. So if some one with PD 2001 Jan filed on July 15th 2007, he would not get his visa no until all the other guys filed with much later PDs got their GCs?



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  • logiclife
    03-13 01:35 PM
    DUI and DWI are crimes that can get your greencard petition in trouble even today.

    The only thing today, that will not jeopardize your Greencard application is minor traffic violations. DUI and DWI and not minor traffic violations.

    These amendments are only enhancing it to DEPORT those who are found driving drunk. The irony is, if you are an immigrant either illegal waiting for amnesty or legal waiting for your labor/485, you are more likely to need a drink or two.

    --logiclife.




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  • americandesi
    06-26 01:23 AM
    So did you buy home theatre after filing 485 or before? Btw, I dont believe there is any relationship to income wrt visa status.

    Exactly! I was trying to make sense to Mr. Arunmohan, who feels that without GC, he cannot spend/invest his money on a 57-60 inch LCD TV.

    To answer your question, I purchased the Home theater after filing my I-485, which in no way influenced my decision.



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  • smuggymba
    08-12 03:49 PM
    There are lot of good/standard consulting companies ... Some are 'con' but they can't create massive impact , however the MNC's do MANIPULATION at a large scale.

    I believe that small companies have a big impact too. As someone mentioned, check to see which companies filed GCs in the last 10 years....Infy, TCS or Small body shops?




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  • vandanaverdia
    09-09 02:06 PM
    My husband & me are flying from Seattle & will be there at the rally!




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  • inspectorfox
    09-18 11:46 PM
    dont go to the edison kilmer road dmv..those guys are waiting for a reason to refuse.. even my white american friends have had problems there..lol

    This is the worst DMV in NJ... You may be better off going to Jersey City, Princeton or anywhere else.




    9years
    10-22 10:21 AM
    Hi All,

    How much time total process takes I think case by case. In my case it took around a year( from request to sponsor Eb2 to I-140 approval (premium processing). I had no perm auditing. I had no RFE on I-140. I filed my EB2 with the same employer.

    Best of luck to all.




    glus
    05-13 07:03 AM
    I think the advantage of LLC against Sole Prop is about liability.

    If some one sues your business, LLC offers you protection, but Sole prop. may not.

    If you are on EAD, you can start the business in your wife's name. Now the risk is that she will run away and take the business with her; can't say that would really be a bad thing.

    S-corp is much more complex compared to LLC.

    There is nothing in the law that disallows one from opening and operating LLC or INC type of business. To open a CORPORATION one needs to be a U.S. Citizen as far as I know, but for LLC or Inc no such requirement. Definitely LLC or Inc is better option for the reason you mentioned; liability protection. Thank you.



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