snathan
08-18 05:05 PM
If she is here on H4 and while she was here her H1B got approved then there is no problem. As H1B is not VISA and its intent to hire. Infact if she wanted to to Join work on H1B, she will need to apply status change application for H4 to H1B.
This is wrong...once the H1B approved the status automatically changed. If you are not paid in H1B, you are out of status. The only way to correc the status is getting paid, pay the tax and get W-2 as like anyother person.
H1B is not a vsia intend to hire. As you are not able to find a suitable american for the job, you are hiring a foreigner with speciallity skills. Means already you have a job for the person you are sponsoring.
This is wrong...once the H1B approved the status automatically changed. If you are not paid in H1B, you are out of status. The only way to correc the status is getting paid, pay the tax and get W-2 as like anyother person.
H1B is not a vsia intend to hire. As you are not able to find a suitable american for the job, you are hiring a foreigner with speciallity skills. Means already you have a job for the person you are sponsoring.
wallpaper The muscle of the left heart
Jaime
09-11 04:01 PM
by coming to DC!!!
gee_see
10-19 02:21 PM
I found an interesting article on AC21 portability in cyrusmetha.com
Here is the portion of the article appeared on May 27, 2005
about PORTABILITY DURING ADJUSTMENT OF STATUS
-----------
Interestingly, the memo also advises that although a difference in the wage offer on the approved labor certification or I-140 and the new employment cannot be used as a basis of denial, a substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is �same or similar.� It is possible, however, for one to work in a �same or similar� occupation even if there is a substantial discrepancy in the wage. A CEO of a Fortune 100 corporation may be paid several million of dollars each year. The CEO of a start-up could make much less, say $50,000 per annum. One should be able to successfully argue that the CEO of a start-up is in a �same or similar� job to the CEO of a Fortune 100 corporation.
----------
Experts please discuss....
Here is the portion of the article appeared on May 27, 2005
about PORTABILITY DURING ADJUSTMENT OF STATUS
-----------
Interestingly, the memo also advises that although a difference in the wage offer on the approved labor certification or I-140 and the new employment cannot be used as a basis of denial, a substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is �same or similar.� It is possible, however, for one to work in a �same or similar� occupation even if there is a substantial discrepancy in the wage. A CEO of a Fortune 100 corporation may be paid several million of dollars each year. The CEO of a start-up could make much less, say $50,000 per annum. One should be able to successfully argue that the CEO of a start-up is in a �same or similar� job to the CEO of a Fortune 100 corporation.
----------
Experts please discuss....
2011 Because quot;Double circulationquot;
perm2gc
08-24 10:22 PM
If I were you, I would read the "captions" before responding.:mad: come out of box dude
more...
Appu
04-06 10:27 PM
There is no serious effort by the republicans. They are fractured, divided, into groups. They have no motivation to get this comprehensive bill passed. I have been observing the tactics and attitudes of these republican senators and democratic senators. I am more shocked by the game of one-upmanship on the part of Frist, Kyl, Cornyn, Craig. I don't see rhyme or reason in their sppeches. The bill has no life for the next 3 weeks.
Well said. This whole thing is stalling simply because of Frist's presidential ambitions and Kyl's relection bid. Frist wants to distance himself from Bush and McCain - both guys supporting guest worker programs and legalization of the undocumented workers. He wants to show he is "strong on security" by pushing through a border security only bill. He is using Kyl and others to torpedo the SJC bill either on the senate floor or in the conference. Bush is too powerless to intervene.
We are probably screwed unless Frist agrees to send a moderate group - like the SJC - to the conference instead of Kyl, Cornyn, Sessions or people like that.
My $0.02.
Well said. This whole thing is stalling simply because of Frist's presidential ambitions and Kyl's relection bid. Frist wants to distance himself from Bush and McCain - both guys supporting guest worker programs and legalization of the undocumented workers. He wants to show he is "strong on security" by pushing through a border security only bill. He is using Kyl and others to torpedo the SJC bill either on the senate floor or in the conference. Bush is too powerless to intervene.
We are probably screwed unless Frist agrees to send a moderate group - like the SJC - to the conference instead of Kyl, Cornyn, Sessions or people like that.
My $0.02.
mariner5555
05-07 01:41 PM
Forget to mention that you can port to self-employment :)
are you sure of this ..if yes, then how does one do that ..do you need to show you can make the salary mentioned on your own ??
are you sure of this ..if yes, then how does one do that ..do you need to show you can make the salary mentioned on your own ??
more...
hsd31
03-17 07:24 AM
From your post it looks like option 1 is a no-go. You will waste more time and you will have to start back at square one again if the appeal is rejected (which it most likely will, given that the facts are against you). It will be more advisable to re-start the process and go with option 2.
I will also suggest that you get yourself a new lawyer. You should have never applied in EB-2 given you had a degree dated 2002.
I will also suggest that you get yourself a new lawyer. You should have never applied in EB-2 given you had a degree dated 2002.
2010 Understanding Circulation
jonty_11
08-01 01:25 PM
They dont have to process squat...in 1 month after Oct ...they dont care...
They will enjoy Xmas holidays any which way.....we r the ones who will suffer.
Sorry ...just a pessimist today.
They will enjoy Xmas holidays any which way.....we r the ones who will suffer.
Sorry ...just a pessimist today.
more...
brij523
02-17 10:05 AM
Putting dollar amount to the signature is something like hierarchy system. People contributed more are on higher rank than others. I am not saying you should not put how much you have donated. But good will be to invite people to join IV. People are our strength. The signature should read
"IV IS VOLUNTEER ORGNIZATION, HELP YOURSELF TO HELP IV. SO DON'T ASK WHAT IV HAS DONE FOR YOU BUT ASK WHAT YOU HAVE DONE TO SUPPORT YOURSELF FIRST AND THEN IV.
MEMBERS CAN EITHER RAISE MEMBERSHIP, CONTRIBUTE 5 MINUTES EVERYDAY TO CALL SENATOR/CONGRESS MEMBER OR CONTRIBUTE.
MY CONTRIBUTION SO FAR IS XXXYYYZZZ"
And this should be the standard signature on everyone post. This way it looks like everyone is in the game.
"IV IS VOLUNTEER ORGNIZATION, HELP YOURSELF TO HELP IV. SO DON'T ASK WHAT IV HAS DONE FOR YOU BUT ASK WHAT YOU HAVE DONE TO SUPPORT YOURSELF FIRST AND THEN IV.
MEMBERS CAN EITHER RAISE MEMBERSHIP, CONTRIBUTE 5 MINUTES EVERYDAY TO CALL SENATOR/CONGRESS MEMBER OR CONTRIBUTE.
MY CONTRIBUTION SO FAR IS XXXYYYZZZ"
And this should be the standard signature on everyone post. This way it looks like everyone is in the game.
hair The circulation of the blood
gc_wannabe
06-17 09:12 PM
TOTALLY unknown...
No one knows what they look at and won't look at while deciding on your I485. If you one of the "chosen" one, you may get called for personal interview and I have heard lots of horror stories about the stuff they asked at the interview. At the same most of the people get the GC without hitch.
So, the morale of the story is stop worrying. There is nothing you can do/prepare to effect decision on your I-485. Since you have played by book and assuming you don't have any law related issues, you should be fine.
Cheers
ArkBird
Thank you.
No one knows what they look at and won't look at while deciding on your I485. If you one of the "chosen" one, you may get called for personal interview and I have heard lots of horror stories about the stuff they asked at the interview. At the same most of the people get the GC without hitch.
So, the morale of the story is stop worrying. There is nothing you can do/prepare to effect decision on your I-485. Since you have played by book and assuming you don't have any law related issues, you should be fine.
Cheers
ArkBird
Thank you.
more...
vad
09-17 11:53 PM
Arnets reply is pretty comprehensive.
The main point is the are looking at 8-10 years fro nowto settle. Are they willin to look at short term difficulties in ordder to move? Also the usual waiting time for GC after all the hassles. So they have to judge what they have there against what they might get in 10 years:eek:
vinay
disclaimer: i'm nt an immigration attroney, so please consult one for exact situation, as laws and procedures are constantly changing.
I'm NOT in medical field but writing based on what i heard..thought might be useful for you.....below is the most common way of coming to US for MBBS degree holders in india....
they can write USMLE exam (check www.usmle.org) and if they pass the step1, step2, step3 exams they can apply to US universities (atleast few of them based on the score) for MD residency programs which is usually four years course.
some say step1 and step2 is enough to apply but step3 gives more advantage but nt sure. BUT CHECK THE ELIGILIBITY FOR EXAM AND DO RESEARCH ON THESE COURSE AND OTHER TOPICS TO GET EXACT DETAILS...
they can come here in H1 or J1 visa if they get into residency programs but check the procedures. but in general, after residency program, they need to work 3 yrs in underreserved areas (mostly 30-50 miles away from city, nt bad, oppurtunites are good there).
writing USMLE and getting into residency programs is really very very tough as more competition now and need very top score and their previous experience, degree/diplomas, research, etc helps.
if they both try and one get it through, then the one who get it into residency program can come into J1 or H1 visa and others can come in H4 visa (dependents-children and spouse).
they will be paid atleast 40-50k per yr during the residency (four yrs) and after that based on their work and experience, they will paid more atleast >100k per yr.
regd greencard, i think, they can apply only after 3yrs of working in under-reserved areas. some say they wont have to do labor because they get waiver because they worked 3 yrs in under-reserved areas but for this you need to consult an immigration lawyer.
but for all this, they have to first COLLECT all the details and CHECK THE ELIGILIBITY FOR ALL THIS...they have to plan properly because while studying for USMLE or during this entire process, it is nt easier but they have to undergo a LOT of stress as they might think we are doing well in india why we moved here. but remember, it pays them in long run, it depends on each one how they look.
good luck....:)
The main point is the are looking at 8-10 years fro nowto settle. Are they willin to look at short term difficulties in ordder to move? Also the usual waiting time for GC after all the hassles. So they have to judge what they have there against what they might get in 10 years:eek:
vinay
disclaimer: i'm nt an immigration attroney, so please consult one for exact situation, as laws and procedures are constantly changing.
I'm NOT in medical field but writing based on what i heard..thought might be useful for you.....below is the most common way of coming to US for MBBS degree holders in india....
they can write USMLE exam (check www.usmle.org) and if they pass the step1, step2, step3 exams they can apply to US universities (atleast few of them based on the score) for MD residency programs which is usually four years course.
some say step1 and step2 is enough to apply but step3 gives more advantage but nt sure. BUT CHECK THE ELIGILIBITY FOR EXAM AND DO RESEARCH ON THESE COURSE AND OTHER TOPICS TO GET EXACT DETAILS...
they can come here in H1 or J1 visa if they get into residency programs but check the procedures. but in general, after residency program, they need to work 3 yrs in underreserved areas (mostly 30-50 miles away from city, nt bad, oppurtunites are good there).
writing USMLE and getting into residency programs is really very very tough as more competition now and need very top score and their previous experience, degree/diplomas, research, etc helps.
if they both try and one get it through, then the one who get it into residency program can come into J1 or H1 visa and others can come in H4 visa (dependents-children and spouse).
they will be paid atleast 40-50k per yr during the residency (four yrs) and after that based on their work and experience, they will paid more atleast >100k per yr.
regd greencard, i think, they can apply only after 3yrs of working in under-reserved areas. some say they wont have to do labor because they get waiver because they worked 3 yrs in under-reserved areas but for this you need to consult an immigration lawyer.
but for all this, they have to first COLLECT all the details and CHECK THE ELIGILIBITY FOR ALL THIS...they have to plan properly because while studying for USMLE or during this entire process, it is nt easier but they have to undergo a LOT of stress as they might think we are doing well in india why we moved here. but remember, it pays them in long run, it depends on each one how they look.
good luck....:)
hot The pulmonary circulation
obelix
03-02 11:38 AM
Looks like your PD is current. You might get your GC anytime. That is another factor I would consider if your GC gets approved before you get married.
Filing six months in advance seems to be a better idea.
Thanks for your input. I had incorrect information attached under my signature. I've not even started GC filing yet.
Filing six months in advance seems to be a better idea.
Thanks for your input. I had incorrect information attached under my signature. I've not even started GC filing yet.
more...
house Propelled by the heart,
PD_Dec2002
08-05 11:04 PM
I came to know about my interview from the embassy web site and they send us pakage 4 also. Then we informed them by mail asking to postpond for 3 month. They confirmed the same. I am in India embassy is in New Delhi
Jeny: I believe you are referring to an interview for Consular Processing; not Adjustment of Status, correct?
Thanks,
Jayant
Jeny: I believe you are referring to an interview for Consular Processing; not Adjustment of Status, correct?
Thanks,
Jayant
tattoo Blood Circulation Medical
msp1976
02-09 03:59 PM
All non-Indian members....
At present India is the most retrogressed country...This is just an attempt to gauge the extent of retrogression....
This poll does not imply that you are not valuable and your concerns are not cared for...
At present India is the most retrogressed country...This is just an attempt to gauge the extent of retrogression....
This poll does not imply that you are not valuable and your concerns are not cared for...
more...
pictures the heart. The circulation
Templarian
11-25 10:15 PM
http://img260.imageshack.us/img260/1541/screeng.png
Also, yea, I used the WoW font. Writing the WoW Armory app for the Palm Pre at the moment.
Also, yea, I used the WoW font. Writing the WoW Armory app for the Palm Pre at the moment.
dresses The Circulation or Circulatory
Green.Tech
09-24 01:47 PM
Thanks for the clear answer thepaew. That is what I thought. I currently have the opportunity to start the green card process with my employer under EB3 ROW, but I am also planning to go for an MBA in the US within the next few years. I am just into my 5th year of H1. It seems that I should not start the green card process if I am sure about going for an MBA in the US within the next few years. That would be terrible if you get into a school you like but cannot attend since you cannot switch from H1 to F1.
Seba,
If you don't plan to start your GC process for the next few years (waiting to enroll in an MBA program), how do you intend to extend your H-1 beyond the alloted 6-year time frame?
Seba,
If you don't plan to start your GC process for the next few years (waiting to enroll in an MBA program), how do you intend to extend your H-1 beyond the alloted 6-year time frame?
more...
makeup However, the fetal circulation
angelfire76
12-07 04:28 PM
EB1 is typically for Phds with solid publications behind their belts.
In some cases the individual can sponsor himself without an employer as such people are considered a good value add to the US. In other cases, an employer has to have a bonafide job opening requiring such skills (mostly professors, research, etc.,). These people are usually given their Green cards in ceremonies unlike EB2/EB3 where the card is mailed out in a USPS envelope.
There is also an easy way. In some companies in India, people with 5-6 years of experience are promoted to Project manager roles and have a group of people reporting to them. If this company transfers them to the US to continue the same role, they become eligible for EB1. So in a typical case,
complete education at age 22 and join company x as a software engineer
get promoted to Project manager at age 27 (5 years later)
come to the US at age 28 ( a year later)
apply for GC on EB1 (directly apply for 140/485 as there is no Labor required and also PDs are current)
get GC at age 29
you are all set...get married, buy the mini-van (Odyssey or Sienna), perhaps open a India/Pakistan grocery store on the side which rents out pirated DVDs of desi movies and enjoy life!
I know you are being pointedly sarcastic at a section of green card applicants but Project Managers are not eligible for EB1. (Don't give that section any bright ideas) Only multi-national executives (VP and above are)
in addition to researchers who have exceptional track-record (no, publishing papers in IEEE digest doesn't count)
Haven't heard of EB1s getting GC in ceremonies. After all the little piece of plastic is not an award of merit or anything (even though lot of us seem to think so :D)
In some cases the individual can sponsor himself without an employer as such people are considered a good value add to the US. In other cases, an employer has to have a bonafide job opening requiring such skills (mostly professors, research, etc.,). These people are usually given their Green cards in ceremonies unlike EB2/EB3 where the card is mailed out in a USPS envelope.
There is also an easy way. In some companies in India, people with 5-6 years of experience are promoted to Project manager roles and have a group of people reporting to them. If this company transfers them to the US to continue the same role, they become eligible for EB1. So in a typical case,
complete education at age 22 and join company x as a software engineer
get promoted to Project manager at age 27 (5 years later)
come to the US at age 28 ( a year later)
apply for GC on EB1 (directly apply for 140/485 as there is no Labor required and also PDs are current)
get GC at age 29
you are all set...get married, buy the mini-van (Odyssey or Sienna), perhaps open a India/Pakistan grocery store on the side which rents out pirated DVDs of desi movies and enjoy life!
I know you are being pointedly sarcastic at a section of green card applicants but Project Managers are not eligible for EB1. (Don't give that section any bright ideas) Only multi-national executives (VP and above are)
in addition to researchers who have exceptional track-record (no, publishing papers in IEEE digest doesn't count)
Haven't heard of EB1s getting GC in ceremonies. After all the little piece of plastic is not an award of merit or anything (even though lot of us seem to think so :D)
girlfriend The heart
jayram123
07-12 12:05 AM
If this is true it's really horrible and scary that this gov. agency is handling our applications.
It sounds like it's true. Man! I just wish somebody holds them accountable for this. Despite all efforts from DOS to not waste any more numbers by making all categories current, USCIS still wastes them. Shameful! USCIS should be completely rehauled.:(
It sounds like it's true. Man! I just wish somebody holds them accountable for this. Despite all efforts from DOS to not waste any more numbers by making all categories current, USCIS still wastes them. Shameful! USCIS should be completely rehauled.:(
hairstyles Circulation and Gas Exchange
ck_b2001
12-11 01:29 PM
I read somewhere that CBP officers are instructed to make a photocopy themselves if 2 originals are not given.
The photocopying is best left to them as the one you make has potential of having been tampered.
TSC is giving out 2 original copies. I think it would be better to leave atleast one original to CBP officer at POE. Better record keeping on their end is good for future travel. There are designated counters with parole stamp so it is almost gaurenteed that you will be sent to a different counter from visitors line.
The photocopying is best left to them as the one you make has potential of having been tampered.
TSC is giving out 2 original copies. I think it would be better to leave atleast one original to CBP officer at POE. Better record keeping on their end is good for future travel. There are designated counters with parole stamp so it is almost gaurenteed that you will be sent to a different counter from visitors line.
lazycis
04-05 02:24 PM
I need some help with my situation. I am currently working for an employer A full time on H-1 B. I-140 Approved (> 180days) and 485 pending (July 2nd filer). I have my EAD. My H-1 is being extended and I have not received my approval notice yet.
I got an offer from employer B for a consulting GIG. I would like to invoke AC-21.
Can someone please answer my questions? :confused:
1) I am planning on doing a H-1 transfer to employer B. Will it be possible to do H-1 transfer while employer A is extending my H-1?
2) Should I let USCIS know that I am changing my employment?
3) I have a job code that I used on LC. Should I maintain the same job code for H-1 transfer as well?
4) I am not sure how big employer B is (not sure how many employees work for them)....does it matter? Should I be concerned if employer B is a small employer? :rolleyes:
5) With employer A I make x dollars. LC reflects this pay. When I switch to employer B should I also make only x dollars or can I make more? :eek:
Thanks in advance for you replies.
1. Yes.
2. No.
3. Does not matter
4. Does not matter unless you are a supervisor over a lot of people
5. Make more, of course!
I got an offer from employer B for a consulting GIG. I would like to invoke AC-21.
Can someone please answer my questions? :confused:
1) I am planning on doing a H-1 transfer to employer B. Will it be possible to do H-1 transfer while employer A is extending my H-1?
2) Should I let USCIS know that I am changing my employment?
3) I have a job code that I used on LC. Should I maintain the same job code for H-1 transfer as well?
4) I am not sure how big employer B is (not sure how many employees work for them)....does it matter? Should I be concerned if employer B is a small employer? :rolleyes:
5) With employer A I make x dollars. LC reflects this pay. When I switch to employer B should I also make only x dollars or can I make more? :eek:
Thanks in advance for you replies.
1. Yes.
2. No.
3. Does not matter
4. Does not matter unless you are a supervisor over a lot of people
5. Make more, of course!
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
No comments:
Post a Comment