pmat
01-31 02:18 PM
As per the law, your H1B will still be valid even in if I-140 is revoked. However, the only flip side is one will lose the old priority date.
For sure, this is exactly outlined in the law. I have known some cases who are working successfully and legally on H1Bs even after their I-140s revoked (by the way one of them is in 8th year of H1B)
Im 100% sure about what i said. For better clarification, one can contact murthy.com or rajiv.s.khanna
I don't think that the priority date is lost if the I-140 is revoked. If it is revoked because of fraud then only you may lose the priority date. If your I-140 was genuine and you have a copy of the approval, you can still use the old priority date even if the company revokes the I-140.
For sure, this is exactly outlined in the law. I have known some cases who are working successfully and legally on H1Bs even after their I-140s revoked (by the way one of them is in 8th year of H1B)
Im 100% sure about what i said. For better clarification, one can contact murthy.com or rajiv.s.khanna
I don't think that the priority date is lost if the I-140 is revoked. If it is revoked because of fraud then only you may lose the priority date. If your I-140 was genuine and you have a copy of the approval, you can still use the old priority date even if the company revokes the I-140.
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chi_shark
09-09 03:45 PM
This issue must have been beaten to death already... I do not think that you have to be a permanent resident or Citizen in USCIS terms for doing S-Corp. The requirement is stated in a negative fashion in the code. I mean that the code lists what cannot be instead of what should be. And I think it means that a s-corp shareholder cannot be a non-resident alien. Thats it. I am on EAD and I have an S-Corp (i dont do IT with that company). I have a full time IT job and run the company part time...
I would have liked to do LLC except that it is more expensive to set it up compared to corp. there are record keeping requirements on corp... but if you are a good CEO, you will keep records for any company... no matter what legal style of organization.
The only operational benefit of S-corp or llc is the pass through taxation... i.e. income is taxed only once... c-corp has to be taxed on profits... on the flip side, however, you may potentially have a company that does very little business in the first year and hence very little profits or taxes... you could give yourself a handsome (but reasonable) salary and hence declare loss or zero profits... there are ways..
finally, I recommend spending the extra time, money, effort to read a few books (like "Inc yourself") and subscribe to inc magazine, entrepreneur magazine to do all legal and accounting stuff yourself in the first 1 2 years... you will learn a lot! on the other hand if you are starting with large capital base, then you can probably hire everyone right off the bat! (you probably would not have come here if you had plenty of money to hire everyone)
Please don't give incorrect answers.
All three corporation types (C-Corp, S-Corp, and LLC) have limited liability to its shareholders.
The main difference in these corp types are
1. How much record keeping is done
2. The way taxes are computed and filed with IRS
3. The kind of expenses allowed to deduct
4. C-Corp and LLC can carryover profits to next year(s), but S-Corp has to pass on profit (or loss) to the shareholders at the end of every calendar year.
For S-Corp, the shareholders must be Permanent Resident or US Citizen.
I have corporation of my own and this is C-Corp (due to kind of expenses I can deduct and/or write-off). I did all the incorporation work myself without any help from CPA. Incorporation is pretty straight forward and very easy. There are good books in Nolo Press on Corporate Incorporation.
____________________________________
Proud Indian American and Legal Immigrant
I would have liked to do LLC except that it is more expensive to set it up compared to corp. there are record keeping requirements on corp... but if you are a good CEO, you will keep records for any company... no matter what legal style of organization.
The only operational benefit of S-corp or llc is the pass through taxation... i.e. income is taxed only once... c-corp has to be taxed on profits... on the flip side, however, you may potentially have a company that does very little business in the first year and hence very little profits or taxes... you could give yourself a handsome (but reasonable) salary and hence declare loss or zero profits... there are ways..
finally, I recommend spending the extra time, money, effort to read a few books (like "Inc yourself") and subscribe to inc magazine, entrepreneur magazine to do all legal and accounting stuff yourself in the first 1 2 years... you will learn a lot! on the other hand if you are starting with large capital base, then you can probably hire everyone right off the bat! (you probably would not have come here if you had plenty of money to hire everyone)
Please don't give incorrect answers.
All three corporation types (C-Corp, S-Corp, and LLC) have limited liability to its shareholders.
The main difference in these corp types are
1. How much record keeping is done
2. The way taxes are computed and filed with IRS
3. The kind of expenses allowed to deduct
4. C-Corp and LLC can carryover profits to next year(s), but S-Corp has to pass on profit (or loss) to the shareholders at the end of every calendar year.
For S-Corp, the shareholders must be Permanent Resident or US Citizen.
I have corporation of my own and this is C-Corp (due to kind of expenses I can deduct and/or write-off). I did all the incorporation work myself without any help from CPA. Incorporation is pretty straight forward and very easy. There are good books in Nolo Press on Corporate Incorporation.
____________________________________
Proud Indian American and Legal Immigrant
abq_gc
09-05 04:48 PM
While on EAD, what type of entity (LLC, S Corp, C Corp) is the best one?
It doesnt matter whether u are on EAD or GC. I think LLC is the way to go.
It doesnt matter whether u are on EAD or GC. I think LLC is the way to go.
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binadh
10-15 03:23 PM
Just gotta call from the lawyer's office. PERM is approved today after more than 15 months. :D
Still waiting for the physical letter to arrive -- We'll see how many more hurdles are there. I'm just glad that I don't have to deal with DOL.
Original filing - Jun 17th 07
Query response - Nov 2nd 07
Approved - today
Filed at Atlanta service center
EB2 ROW
Thanks.
Still waiting for the physical letter to arrive -- We'll see how many more hurdles are there. I'm just glad that I don't have to deal with DOL.
Original filing - Jun 17th 07
Query response - Nov 2nd 07
Approved - today
Filed at Atlanta service center
EB2 ROW
Thanks.
more...
nmdial
04-08 04:54 PM
Not sure...since we are all talking about 12K and only 2 months movement. Are they cautious or we are all missing something?
Personally, I think they (USCIS) have no clue therefore DOS has been extremely cautious.
Personally, I think they (USCIS) have no clue therefore DOS has been extremely cautious.
Templarian
11-23 12:42 PM
Good luck guys. :fab:
more...
deepakd
07-08 08:30 PM
None... as I did not seem to see anywhere in the filing instruction that W2 is needed... unless there is some change. Who knows nowadays...;)
One can get all the tax forms submitted to IRS ( including w-2 ) for free.
Here is the info from IRS:
Need a Copy of Your Tax Return Information?
Requesting transcripts (individuals):
You have two easy and convenient options for getting copies of your federal tax return information--tax return transcripts and tax account transcripts--by phone or by mail.
Request transcripts by calling 1-800-829-1040, or order by mail using IRS Form 4506T (Request for Transcript of Tax Return). We do not charge a fee for transcripts. Allow two weeks for delivery.
Definitions:
A tax return transcript shows most line items from your tax return (Form 1040, 1040A or 1040EZ) as it was originally filed, including any accompanying forms and schedules. It does not reflect any changes you, your representative or the IRS made after the return was filed. In many cases, a return transcript will meet the requirements of lending institutions such as those offering mortgages and for applying for student loans.
A tax account transcript shows any later adjustments either you or the IRS made after the tax return was filed. This transcript shows basic data, including marital status, type of return filed, adjusted gross income and taxable income.
One can get all the tax forms submitted to IRS ( including w-2 ) for free.
Here is the info from IRS:
Need a Copy of Your Tax Return Information?
Requesting transcripts (individuals):
You have two easy and convenient options for getting copies of your federal tax return information--tax return transcripts and tax account transcripts--by phone or by mail.
Request transcripts by calling 1-800-829-1040, or order by mail using IRS Form 4506T (Request for Transcript of Tax Return). We do not charge a fee for transcripts. Allow two weeks for delivery.
Definitions:
A tax return transcript shows most line items from your tax return (Form 1040, 1040A or 1040EZ) as it was originally filed, including any accompanying forms and schedules. It does not reflect any changes you, your representative or the IRS made after the return was filed. In many cases, a return transcript will meet the requirements of lending institutions such as those offering mortgages and for applying for student loans.
A tax account transcript shows any later adjustments either you or the IRS made after the tax return was filed. This transcript shows basic data, including marital status, type of return filed, adjusted gross income and taxable income.
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chinna2003
03-11 05:21 PM
This is a very subjective question of intent? If the employer has no problem and willing to support the petition and a job offer when the RFE arrives, how will the UCSIS ever determine intent.
Lets assume the greencard is approved and can it be revoked if i never work for the employer.
And will the fac that i worked for them in the past and resigned before filing a I 14o be a negative factor for adjudication.
Its 100% fraud and abuse. I'm suprised you even thought of asking about this. The answer is in your question.
Lets assume the greencard is approved and can it be revoked if i never work for the employer.
And will the fac that i worked for them in the past and resigned before filing a I 14o be a negative factor for adjudication.
Its 100% fraud and abuse. I'm suprised you even thought of asking about this. The answer is in your question.
more...
gc_wow
10-25 11:32 PM
I would like to see the new inventory of pending 485s after the september approvals, I am not sure when uscis would release such information.
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asdqwe2k
01-21 05:52 PM
http://news.yahoo.com/s/nm/20070121/pl_nm/usa_immigration_dc
U.S. companies are also clamoring for more H1B visas to allow foreign software engineers and other skilled workers into the country.
The 65,000 visas allotted for 2007 were taken by the end of May last year, months before the end of the fiscal year in September, said Jack Krumholtz, the head of Microsoft Corp.'s government affairs office. It is also difficult to get permanent U.S. residency for foreign workers who would like to stay, he said.
"This is becoming for high-tech companies a huge retention issue," Krumholtz said. "We will start to see highly valued tech employees emigrate back to their home countries."
U.S. companies are also clamoring for more H1B visas to allow foreign software engineers and other skilled workers into the country.
The 65,000 visas allotted for 2007 were taken by the end of May last year, months before the end of the fiscal year in September, said Jack Krumholtz, the head of Microsoft Corp.'s government affairs office. It is also difficult to get permanent U.S. residency for foreign workers who would like to stay, he said.
"This is becoming for high-tech companies a huge retention issue," Krumholtz said. "We will start to see highly valued tech employees emigrate back to their home countries."
more...
gparr
November 25th, 2005, 04:38 PM
My primary tip is patience. When the wind is blowing, even slightly, if you're patient you will start to get in tune with the wind and be able to pick out the calm moments that always occur. You just have to be ready and then get off as many shots as possible during that calm moment. I shoot as many of my flower shots as I can very early or very late in the day. By very early, I mean at or just after sunrise. The wind is usually calm for a short while until the sun starts to heat the admosphere. I've had considerable success shooting in the very soft light at or after sunset, when the wind also calms. Long shutter speeds though. Unfortunately, too many blooms aren't open until the sun is higher in the sky and you have to resort to patience.
I've also had great success with a trick Don Bevis shared. You can get thin bamboo sticks in bundles for just a couple of dollars at your local nursery. Get the longer ones. I always carry two of them with me and stick them in the ground so that they apply slight pressure to the plant stem. This cuts down considerably on the movement. Don't know where Don learned the trick, but it works.
Some use a tool called a Plamp. See it here (http://www.naturephotographers.net/gs/gswimplamp.html) I've never used one, though have been tempted. The fear I have is that any clamping device will damage the plant. I shoot a lot in the gardens of several neighbors and at the Chicago Botanic Garden and make it a point to never leave any trace of my having been there. In other words, no footprints in the flower beds, no damaged plants, nothing. Don's trick works so well because it steadies the plant without causing any damage. It doesn't always work, but it does so often enough that it's worth hauling the sticks around.
I've also read several threads on other sites where people describe using "tents" to both diffuse the light and to stop the wind. I don't have any links for solid techniques, but will try to find some. It's tempting, though yet another piece of gear to carry.
These days I make heavy use of my 5-in-1 disk for diffusion and reflection. I have the 22-in. Photoflex Multidisc (http://www.bhphotovideo.com/bnh/controller/home?O=breadCrumb&A=search&Q=&ci=6196), which I like a lot. It's excellent for a lot of light control purposes and sometimes serves as a good wind block. There are cheaper ones, but Kevin Sadler talked me into spending more money to get a quality product and I haven't regretted it.
When all else fails, I resort to flash to get the shot. I greatly dislike using flash and only use it when I want a shot and know that it's get it now or never. If I can come back and get the shot at a calmer time without flash, I will. I do use flash on occasion if I feel that the shot needs a little spark of light, but generally not. Flash is always used on a remote cord and diffused in some way, either with the wide-angle diffuser that's built into it, or by shooting through or bouncing it off of my multidisc.
As for shooting technique, a tripod is a must. I have two, but the one I use for flower shots allows me to splay the legs out and get the camera very low and/or allows me to reverse the column (I bought a short column to replace the one that came with the tripod) and hang the camera upside down. I use a ball head with a quick release. I also almost always use a remote release and frequently use mirror lock up. It's amazing how many images I've ruined because I moved the camera by pushing the shutter button or vibration from the mirror cause the slightest blur.
But above all, getting flower shots just requires a lot of patience. Hope all of this rambling helps.
Gary
I've also had great success with a trick Don Bevis shared. You can get thin bamboo sticks in bundles for just a couple of dollars at your local nursery. Get the longer ones. I always carry two of them with me and stick them in the ground so that they apply slight pressure to the plant stem. This cuts down considerably on the movement. Don't know where Don learned the trick, but it works.
Some use a tool called a Plamp. See it here (http://www.naturephotographers.net/gs/gswimplamp.html) I've never used one, though have been tempted. The fear I have is that any clamping device will damage the plant. I shoot a lot in the gardens of several neighbors and at the Chicago Botanic Garden and make it a point to never leave any trace of my having been there. In other words, no footprints in the flower beds, no damaged plants, nothing. Don's trick works so well because it steadies the plant without causing any damage. It doesn't always work, but it does so often enough that it's worth hauling the sticks around.
I've also read several threads on other sites where people describe using "tents" to both diffuse the light and to stop the wind. I don't have any links for solid techniques, but will try to find some. It's tempting, though yet another piece of gear to carry.
These days I make heavy use of my 5-in-1 disk for diffusion and reflection. I have the 22-in. Photoflex Multidisc (http://www.bhphotovideo.com/bnh/controller/home?O=breadCrumb&A=search&Q=&ci=6196), which I like a lot. It's excellent for a lot of light control purposes and sometimes serves as a good wind block. There are cheaper ones, but Kevin Sadler talked me into spending more money to get a quality product and I haven't regretted it.
When all else fails, I resort to flash to get the shot. I greatly dislike using flash and only use it when I want a shot and know that it's get it now or never. If I can come back and get the shot at a calmer time without flash, I will. I do use flash on occasion if I feel that the shot needs a little spark of light, but generally not. Flash is always used on a remote cord and diffused in some way, either with the wide-angle diffuser that's built into it, or by shooting through or bouncing it off of my multidisc.
As for shooting technique, a tripod is a must. I have two, but the one I use for flower shots allows me to splay the legs out and get the camera very low and/or allows me to reverse the column (I bought a short column to replace the one that came with the tripod) and hang the camera upside down. I use a ball head with a quick release. I also almost always use a remote release and frequently use mirror lock up. It's amazing how many images I've ruined because I moved the camera by pushing the shutter button or vibration from the mirror cause the slightest blur.
But above all, getting flower shots just requires a lot of patience. Hope all of this rambling helps.
Gary
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hibhagya
05-15 12:03 PM
Great job and hope the current immigrations bill will pass this year.
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RanchCharm
07-17 08:47 PM
Hi Sivamayam,
Thanks for the information. I will listen to the calls. It is soothing though to here something favourable.
I will keep checking this forum & others for similar questions & replies.
Thanks,
Nachi
Thanks for the information. I will listen to the calls. It is soothing though to here something favourable.
I will keep checking this forum & others for similar questions & replies.
Thanks,
Nachi
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VivekAhuja
12-12 05:49 PM
Hi!
I have an approved H1 until 2009 but expired visa in my passport. I have AP and EAD approved. My lawyer has the original I-485 receipt notice - I only have a fax of it. I am travelling to India in Jan-08.
I am planning to re-enter the USA on AP. Do I need original I-485 receipt to re-enter? OR is AP documents enough? Do I need to carry approved H1-B notice or any other docs?
Thanks for your help!
Vivek.
I have an approved H1 until 2009 but expired visa in my passport. I have AP and EAD approved. My lawyer has the original I-485 receipt notice - I only have a fax of it. I am travelling to India in Jan-08.
I am planning to re-enter the USA on AP. Do I need original I-485 receipt to re-enter? OR is AP documents enough? Do I need to carry approved H1-B notice or any other docs?
Thanks for your help!
Vivek.
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Nabeel
10-25 01:37 PM
I believe i am right when I say that one can work on an expired H1b visa provided his/her extension (I129) is pending approval!! Please correct me if wrong.
Yes sir, I am in Agreement with you provided you filed your extension before your H1 Expiration date and got your receipt later on.
Nabeel
Yes sir, I am in Agreement with you provided you filed your extension before your H1 Expiration date and got your receipt later on.
Nabeel
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abhishekhp
11-24 02:04 PM
You should be fine to go ahead start processing you new EB2 based position under EAD. As mentioned in other posts here you do have to start over i.e file a new labor for the position under PERM and an I-140 to qualify under EB2. However you can port your PD while you are filing for theEB2 I-140 by attaching a copy of your previous EB3 I-140 approval notice. Also you need not reapply your I-485 as you can go ahead and do 'INTERFILING' basically letting the USCIS know to process the existing I-485 using your EB2 I-140 approval if its PD is current.
Hope that helps. Good luck !!!
Hope that helps. Good luck !!!
more...
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vine93
08-06 09:19 PM
Please sit together and talk.
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gg_ny
06-22 10:34 AM
It only makes sense to use RD when PD is current or has moved up. But the order of processing is not just RD but other factors like fingerprint, name check etc. as discussed in other mails.
Although I opened a new forum, I am posting my request here: please post your EB2 approvals, if any, with PD and RD and the country of origin.This would help to fine tune others' expectations of completion of their cases.
-g
I agree, but with a little change.
With PD retrogressed, I-485 can be processed, but can not be approved. For example, RFE can be issued, it can be denied for any I-485 for which PD is not current.
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
-------------------------------------
Permanent Resident since May 2002
Although I opened a new forum, I am posting my request here: please post your EB2 approvals, if any, with PD and RD and the country of origin.This would help to fine tune others' expectations of completion of their cases.
-g
I agree, but with a little change.
With PD retrogressed, I-485 can be processed, but can not be approved. For example, RFE can be issued, it can be denied for any I-485 for which PD is not current.
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
-------------------------------------
Permanent Resident since May 2002
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desidas
01-22 12:55 AM
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Ramba
04-13 06:13 PM
Hello All,
I came across this site while researching for *urgent* solutions or options that my friend needs to pursue or has.
These are my friend's details --
EB3 -- India.
I140 approved in July 2007.
485 filed in July 2007.
MS in Engg from USA.
MBA in Finance from top ten school in USA.
Has applied for couple of patents in tech field.
Author of few papers in tech field.
My friend worked for his green card petitioning employer for 7 years in a technical position on H1 visa. He had to leave this job under some unfavorable circumstances around a month back. He has now taken a job as Marketing Manager for a big firm and is using his EAD. Two weeks back he has received an RFE on his 485 application. (Very curious and bad timing indeed too). This RFE needs a Employment Verification Letter. The current position that my friend works as does not match the position description on his labor petition. The RFE reply needs to be sent in within next 2 weeks.
What are his options to reply to the RFE? One of the lawyers that was consulted said that since Green Card is for a future position, he needs to get a legit letter from a future employer that the employer is willing to hire my friend after he gets his green card.
Also suggested were EB2-NIW and self-employment options.
What would you suggest -- best course of action? Would you know anybody who has gone through a similar situation. Any fallback options that my friend needs to evaluate?
I really appreciate all your replies. Pl treat this as very urgent.
Thanks.
Please post the occupation classification and the Onet code for the initial job for which GC applied. Also post the job descritipn/duties of the job; if known. Also post the currnt job dutiers and title. I can tro some lights.
I came across this site while researching for *urgent* solutions or options that my friend needs to pursue or has.
These are my friend's details --
EB3 -- India.
I140 approved in July 2007.
485 filed in July 2007.
MS in Engg from USA.
MBA in Finance from top ten school in USA.
Has applied for couple of patents in tech field.
Author of few papers in tech field.
My friend worked for his green card petitioning employer for 7 years in a technical position on H1 visa. He had to leave this job under some unfavorable circumstances around a month back. He has now taken a job as Marketing Manager for a big firm and is using his EAD. Two weeks back he has received an RFE on his 485 application. (Very curious and bad timing indeed too). This RFE needs a Employment Verification Letter. The current position that my friend works as does not match the position description on his labor petition. The RFE reply needs to be sent in within next 2 weeks.
What are his options to reply to the RFE? One of the lawyers that was consulted said that since Green Card is for a future position, he needs to get a legit letter from a future employer that the employer is willing to hire my friend after he gets his green card.
Also suggested were EB2-NIW and self-employment options.
What would you suggest -- best course of action? Would you know anybody who has gone through a similar situation. Any fallback options that my friend needs to evaluate?
I really appreciate all your replies. Pl treat this as very urgent.
Thanks.
Please post the occupation classification and the Onet code for the initial job for which GC applied. Also post the job descritipn/duties of the job; if known. Also post the currnt job dutiers and title. I can tro some lights.
ushkand
07-20 10:44 AM
I sent in form G-325 for both me and my wife along with my I-485 instead of the G-325A as required on I-485 instructions by oversight. What do you guys recommend I do? Should I send in a new application or just send in the G-325A form with a letter stating the issue? Please help.
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