qualified_trash
07-07 01:09 PM
Investing in a company -> Yes (shareholder)
Own a company -> No
On H1b, you are not even supposed to make money via Google Adsense. Even if the money is diverted to your home country you have to quote these earnings on your taxes. H1b visa holder has to quote his/her worldwide income and its unclear if your income in your home country is taxed here be it Adsense income or a business.
No wonder many entrepreneurial ideas either die or are taking roots in Korea, India or China!
This has been my research on the internet and is not from a legal advisor.
Could you tell me what the difference is between owning a company and being a shareholder? :-))
Jokes apart, you can definitely own a company on an H1. You CANNOT work for it unless you file a H1 for yourself through your own company.
Own a company -> No
On H1b, you are not even supposed to make money via Google Adsense. Even if the money is diverted to your home country you have to quote these earnings on your taxes. H1b visa holder has to quote his/her worldwide income and its unclear if your income in your home country is taxed here be it Adsense income or a business.
No wonder many entrepreneurial ideas either die or are taking roots in Korea, India or China!
This has been my research on the internet and is not from a legal advisor.
Could you tell me what the difference is between owning a company and being a shareholder? :-))
Jokes apart, you can definitely own a company on an H1. You CANNOT work for it unless you file a H1 for yourself through your own company.
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Daisy
05-25 04:35 AM
Fax sent
dilipb
01-31 03:42 PM
I applied for 485 during last years July surge I think on July 19th 2007.
As per these 2 links it shows that 485 processing date is at July 19th 2007.
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
I am in PITTSBURGH, here too it shows as July 19th
https://egov.uscis.gov/cris/jsps/officeProcesstimes.jsp?selectedOffice=55
I have already received EAD etc.
Does this mean that my Green card processing is starting now ?
Can anyone comment ?
As per these 2 links it shows that 485 processing date is at July 19th 2007.
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
I am in PITTSBURGH, here too it shows as July 19th
https://egov.uscis.gov/cris/jsps/officeProcesstimes.jsp?selectedOffice=55
I have already received EAD etc.
Does this mean that my Green card processing is starting now ?
Can anyone comment ?
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parvezns
01-17 07:36 PM
Hey All,
I am on H1B on Indian passport and my current H1B that is stamped on passport will expire on March 18, 2010.
Recently, I got my H1b visa extension until 2012.
I'm currently working for my end client "X" from last 2 years and H1b holder is company "Y".
I am planning to go to India first two weeks of February and return on 17th Feb from EWR and returning back to EWR.
I do hav an employment verification letter obtained from my manager at end client "X".
I am planning to do my visa stamping while in Mumbai. I have 4 questions :
1) Looking at the current scenario, where most of H1B stamping at Mumbai consulates are going through administrative process;
do you recommend me to go to Mumbai for new visa stamping ?
2) If I simply return on my current visa, will the officer at POE ask me - why I did not get new H1 stamped on passport when I have 30 days for current to expire ?
Any advice ????????
3) I have confirmed tickets for me, wife and kid to arrive at Newark. Do you guys think it is wise to change the aiport to some other airport ?
4) Do you think dropping the plans going to India is more feasible than dealing through points 1-3 above.
I need your advise as soon as you can. Please share with me your viewpoints in the best possible way.
I am on H1B on Indian passport and my current H1B that is stamped on passport will expire on March 18, 2010.
Recently, I got my H1b visa extension until 2012.
I'm currently working for my end client "X" from last 2 years and H1b holder is company "Y".
I am planning to go to India first two weeks of February and return on 17th Feb from EWR and returning back to EWR.
I do hav an employment verification letter obtained from my manager at end client "X".
I am planning to do my visa stamping while in Mumbai. I have 4 questions :
1) Looking at the current scenario, where most of H1B stamping at Mumbai consulates are going through administrative process;
do you recommend me to go to Mumbai for new visa stamping ?
2) If I simply return on my current visa, will the officer at POE ask me - why I did not get new H1 stamped on passport when I have 30 days for current to expire ?
Any advice ????????
3) I have confirmed tickets for me, wife and kid to arrive at Newark. Do you guys think it is wise to change the aiport to some other airport ?
4) Do you think dropping the plans going to India is more feasible than dealing through points 1-3 above.
I need your advise as soon as you can. Please share with me your viewpoints in the best possible way.
more...
hojo
09-07 11:48 AM
yes, i am definatly lost in beta.
sorry, i have to say again, you're sig is really cool lost.
sorry, i have to say again, you're sig is really cool lost.
Roger Binny
03-07 01:04 PM
This has been answered many times, it doesn't hamper existing EB3 case, only after EB2 140 approval USCIS links the old PD to existing 485.
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sweet_jungle
10-05 11:08 PM
My wife has both OPT EAD (on F1) and 485 EAD. Both are valid. The OPT EAD was applied before july since we did not know abt the july thing earlier....
Now my question is which one should she use for employment..Also if either can be used then OPT ead is preferred since on OPT you do not have to pay Social Security and Medicare Taxes
I am also interested in this topic. My wife is working curently using OPT. But, she is waiting for EAD also. So, once 485 EAD comes, she will be in similar situation.
Lawyer has suggested using 485 EAD once it comes.
Anyway, for travelling, AP has to be used. Once you travel on AP and come back, you cannot continue working using OPT. You have to use 485 EAD. So, it is better to switch to 485 EAD to avoid confusion.
I am planning to keep her on OPT till Dec 31. It will make our tax filing easier next year. From January, she can switch to 485 EAD and pay social security tax.
Let me know if you can some concrete info on this.
Now my question is which one should she use for employment..Also if either can be used then OPT ead is preferred since on OPT you do not have to pay Social Security and Medicare Taxes
I am also interested in this topic. My wife is working curently using OPT. But, she is waiting for EAD also. So, once 485 EAD comes, she will be in similar situation.
Lawyer has suggested using 485 EAD once it comes.
Anyway, for travelling, AP has to be used. Once you travel on AP and come back, you cannot continue working using OPT. You have to use 485 EAD. So, it is better to switch to 485 EAD to avoid confusion.
I am planning to keep her on OPT till Dec 31. It will make our tax filing easier next year. From January, she can switch to 485 EAD and pay social security tax.
Let me know if you can some concrete info on this.
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punjabi
09-29 01:02 PM
My suggestion is don't ask for a referral for a good consulting company.
If two consultants are working through a consultancy, their own opinion might differ drastically about the same company. These desi consultancies treat everybody differently.
They do not have set standards. Even if they have some on papers, I have seen none so far who follows those.
They say we will give you 90% of your share. They meet you with smiling face and they talk very politely. And when you ask the Work Order to confirm your rate, they very conveniently change the figure and fax it over to you. This is not an assumption, I have seen it happening before my eyes.
And most of all, they do not feel any remorse or guilt at all.
So, please look for your own. Be careful. Avoid the ones who smile constantly even while chewing the biggest burger on their plate. :-)
Find an American company. They know their state laws and are afraid to commit anything against those.
Good luck, my friend!
Guys, Suggest me a good consulting company. My employer is OK until now and he just started demanding money even for H1 extensions. I am seriously thinking of moving. Please suggest good desi consulting companies who can support my GC and keep min billing. I have a very good project in hand
If two consultants are working through a consultancy, their own opinion might differ drastically about the same company. These desi consultancies treat everybody differently.
They do not have set standards. Even if they have some on papers, I have seen none so far who follows those.
They say we will give you 90% of your share. They meet you with smiling face and they talk very politely. And when you ask the Work Order to confirm your rate, they very conveniently change the figure and fax it over to you. This is not an assumption, I have seen it happening before my eyes.
And most of all, they do not feel any remorse or guilt at all.
So, please look for your own. Be careful. Avoid the ones who smile constantly even while chewing the biggest burger on their plate. :-)
Find an American company. They know their state laws and are afraid to commit anything against those.
Good luck, my friend!
Guys, Suggest me a good consulting company. My employer is OK until now and he just started demanding money even for H1 extensions. I am seriously thinking of moving. Please suggest good desi consulting companies who can support my GC and keep min billing. I have a very good project in hand
more...
EB2_Jun03_dude
04-11 11:16 AM
I called (First time in last 4 months) to TSC using POJ method to check how they are trying to process cases. I know it was a futile attempt but wanted to try my luck regardless.
Guess what? When you can't get through right away (which is never) you get put on hold in queue. Instead of background music you would get with any other wait in queue system - the message kept repeating every second - "Your estimated wait time is between 10-15 minutes"...
It annoyed the heck out of me and I hung up rather than hearing the message over and over again.
Since I have not called in past few months, I do not know if this is how it always worked or is this a recent change. As far as I recall, they did have background music which made it a little bearable to wait 10 minutes.
dude do not hang-up. It is just another innovative way by USCIS to check your patience. The message changes to 5-10 minutes and then someone does talk to you ... :)
Guess what? When you can't get through right away (which is never) you get put on hold in queue. Instead of background music you would get with any other wait in queue system - the message kept repeating every second - "Your estimated wait time is between 10-15 minutes"...
It annoyed the heck out of me and I hung up rather than hearing the message over and over again.
Since I have not called in past few months, I do not know if this is how it always worked or is this a recent change. As far as I recall, they did have background music which made it a little bearable to wait 10 minutes.
dude do not hang-up. It is just another innovative way by USCIS to check your patience. The message changes to 5-10 minutes and then someone does talk to you ... :)
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GCDo
04-25 01:45 AM
I never heard of this...what crap it is.?:eek:
Checked with my company lawyer. According to them it is a separate document from marriage certificate.
I applied for GC only after getting married , so right from the beginning my passport etc has my wifes name in it. What caused this RFE still baffles me.
I am not sure how will I get this document sitting in USA within 2 weeks.
Is there any other alternative ? Has any one faced with this kind of RFE and has given
some substitute for "Memorandum of marriage"
Checked with my company lawyer. According to them it is a separate document from marriage certificate.
I applied for GC only after getting married , so right from the beginning my passport etc has my wifes name in it. What caused this RFE still baffles me.
I am not sure how will I get this document sitting in USA within 2 weeks.
Is there any other alternative ? Has any one faced with this kind of RFE and has given
some substitute for "Memorandum of marriage"
more...
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.
- 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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MYGC2008
07-19 09:17 AM
07/15/2010: Change of Address and Potential Impact on Last Minute Adjudication of EB-485 Applications Whose Visa Numbers Become Available
As people are aware, the USCIS has "preadjudicated" a large number of pending I-485 cases whose priority dates are close to the pace of the immigrant visa number availability in the Visa Bulletin and has been awaiting the visa number availability for the final decision. Generally, change of address to outside of the metropolitan area or different state is considered a red flag in the final adjudication process as the employment-based nonimmigrant status or intended place of employment is the "key" to the labor certification based immigration proceeding and labor certification remains valid only if the offered job in the place of employment continue to exist. From the perspective of the agency, one may move out of the intended place of employment either because of change of employment or loss of employment or other factors that contradicts to the inended place of employment for which a labor certification has been granted and the applicant is supposedly to work at the location once a green card is approved. Since the agency will not know why the address of residence has changed out of the intended place of employment metropolitan area or state, the last minute check can lead to issuance of RFE or in the worst cases, tranferring the file to a local district or field office for interview. Even if such move is justified in most of cases under AC 21, such RFE or transfer to local offices can cause delays in adjudication of the I-485 application. In some situation, while they deal with the RFE or local office interview scheduling, they can face the visa number retrogression. For this reason, those whose visa numbers are scheduled to become current in July and August 2010 may not want to move their place of residence out of the current metropolitan areas or the current states. Once they moved, they are required to report change of address in 10 days, knowingly failure of which can be considered a ground for deportation and denial of I-485 application. Accordingly, those who have already moved should file AR-11 within 10 days of move regardless of its impact on the final I-485 adjudication process. This reporter wants to remind the readers that place and "location" of employment is a key to the employment-based nonimmigrants and immigrants from the perspectives of U.S. immigration laws because the law is intended to protect U.S. labor market from unqualified or illegal immigrants and "wage" in each location constitutes a primary factor to determine the labor market and permit of a foreign worker to work in the market area at the prevailing wage or higher wage in the specific market area. Just a reminder.
As people are aware, the USCIS has "preadjudicated" a large number of pending I-485 cases whose priority dates are close to the pace of the immigrant visa number availability in the Visa Bulletin and has been awaiting the visa number availability for the final decision. Generally, change of address to outside of the metropolitan area or different state is considered a red flag in the final adjudication process as the employment-based nonimmigrant status or intended place of employment is the "key" to the labor certification based immigration proceeding and labor certification remains valid only if the offered job in the place of employment continue to exist. From the perspective of the agency, one may move out of the intended place of employment either because of change of employment or loss of employment or other factors that contradicts to the inended place of employment for which a labor certification has been granted and the applicant is supposedly to work at the location once a green card is approved. Since the agency will not know why the address of residence has changed out of the intended place of employment metropolitan area or state, the last minute check can lead to issuance of RFE or in the worst cases, tranferring the file to a local district or field office for interview. Even if such move is justified in most of cases under AC 21, such RFE or transfer to local offices can cause delays in adjudication of the I-485 application. In some situation, while they deal with the RFE or local office interview scheduling, they can face the visa number retrogression. For this reason, those whose visa numbers are scheduled to become current in July and August 2010 may not want to move their place of residence out of the current metropolitan areas or the current states. Once they moved, they are required to report change of address in 10 days, knowingly failure of which can be considered a ground for deportation and denial of I-485 application. Accordingly, those who have already moved should file AR-11 within 10 days of move regardless of its impact on the final I-485 adjudication process. This reporter wants to remind the readers that place and "location" of employment is a key to the employment-based nonimmigrants and immigrants from the perspectives of U.S. immigration laws because the law is intended to protect U.S. labor market from unqualified or illegal immigrants and "wage" in each location constitutes a primary factor to determine the labor market and permit of a foreign worker to work in the market area at the prevailing wage or higher wage in the specific market area. Just a reminder.
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indyanguy
08-07 09:17 AM
sometimes, labor subs can be genuine cases as well....
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Eternal_Hope
02-08 08:48 PM
There are two aspects of free trade - free flow of capital and labor.
Globalization has made the flow of capital between countries easy. The next thing that we will start observing is the reverse flow of labor to where the work is. In this respect we have already observed two things:
1. Labor flow to where the work is (from developing countries to developed countries)
2. Work transfer to where the labor is (outsourcing)
Soon, we will start seeing the third aspect of labor flow - labor going from developed countries to developing countries, as the work will be there. This appears quite possible in the IT industry. In other industries it may take longer.
Once there is wage parity between countries, for a particular kind of work, labor flows will become minimal.
Restrictive legislation (like those that lead to delaying the issue of green cards, not renewing H1B etc.) will act to accelerate both job loss and skilled personnel moving out to developing countries.
Globalization has made the flow of capital between countries easy. The next thing that we will start observing is the reverse flow of labor to where the work is. In this respect we have already observed two things:
1. Labor flow to where the work is (from developing countries to developed countries)
2. Work transfer to where the labor is (outsourcing)
Soon, we will start seeing the third aspect of labor flow - labor going from developed countries to developing countries, as the work will be there. This appears quite possible in the IT industry. In other industries it may take longer.
Once there is wage parity between countries, for a particular kind of work, labor flows will become minimal.
Restrictive legislation (like those that lead to delaying the issue of green cards, not renewing H1B etc.) will act to accelerate both job loss and skilled personnel moving out to developing countries.
more...
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anilsal
08-24 09:50 AM
It may be true that the representatives are looking forward to the elections. But we should make an effort to make them (and maybe the folks who contest against them) knowledgeable about issues faced by Skilled "backlogged" people, in the immigration circus.
On a lighter side, sipping tea is good
http://news.bbc.co.uk/2/hi/health/5281046.stm
There is a good news for an ardent Tea drinker in me (the only good news happening. :) )
On a lighter side, sipping tea is good
http://news.bbc.co.uk/2/hi/health/5281046.stm
There is a good news for an ardent Tea drinker in me (the only good news happening. :) )
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gcnotfiledyet
09-02 03:49 PM
Just chill its just shoplifting, its not like you killed somebody. Its not a crime for which there is no way of repenting. If court found you not guilty and you have done whatever punishment, then I don't see why should have to arms length to hide it.
Don't commit another crime by hiding it. Be confident and accept your mistake. Show some remorse. Just have all your papers in line. One of guys I know has some amazing history which will put your shoplifting to shame. He got his GC and living his life in peace. Just don't hide infront of officials. Also don't flaunt it around.
PS: Out of curiosity where was it that you were trying to shoplift?
Don't commit another crime by hiding it. Be confident and accept your mistake. Show some remorse. Just have all your papers in line. One of guys I know has some amazing history which will put your shoplifting to shame. He got his GC and living his life in peace. Just don't hide infront of officials. Also don't flaunt it around.
PS: Out of curiosity where was it that you were trying to shoplift?
more...
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stucklabor
03-22 04:01 PM
All, our last interpretation has been confirmed by one immigration lawyer, but we are trying to get more opinions. It looks like all EB visas will now have a hard 10% country cap.
Here is the latest interpretation of the country quotas. The loss of 202(a)(5) will definitely be a problem. I can't write any plainer than this, so if someone else wants to take a shot at explaining, please do.
Sec 202(a)(3):
(3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
Our analysis:
This paragraph clubs together EB (subsection b of Sec 203) and Family-based (subsection a of Sec 203) immigrant visas. So if there are excess visas under both in a calendar quarter, then country quotas (paragraph 2 above) do not apply. So this leaves a lot of room for creative interpretation. Under a strict reading, the country quotas would not apply only when BOTH EB and FB categories have excess visas. FB has been oversubscribed for 10+ years.
Sec 202(a)(5):
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS-
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
Our analysis:
Excess visas in each EB category will first be given to oversubscribed countries in that same category. E.g., EB2 excess visas will be given to EB2 applicants from EB2 oversubscribed countries. If there are visas even after that, then they will spill over to the next lower EB category. This is the provision that is proposed to be stricken out.
Here is the latest interpretation of the country quotas. The loss of 202(a)(5) will definitely be a problem. I can't write any plainer than this, so if someone else wants to take a shot at explaining, please do.
Sec 202(a)(3):
(3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
Our analysis:
This paragraph clubs together EB (subsection b of Sec 203) and Family-based (subsection a of Sec 203) immigrant visas. So if there are excess visas under both in a calendar quarter, then country quotas (paragraph 2 above) do not apply. So this leaves a lot of room for creative interpretation. Under a strict reading, the country quotas would not apply only when BOTH EB and FB categories have excess visas. FB has been oversubscribed for 10+ years.
Sec 202(a)(5):
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS-
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
Our analysis:
Excess visas in each EB category will first be given to oversubscribed countries in that same category. E.g., EB2 excess visas will be given to EB2 applicants from EB2 oversubscribed countries. If there are visas even after that, then they will spill over to the next lower EB category. This is the provision that is proposed to be stricken out.
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MetteBB
05-11 01:25 PM
on which one? all of them?
appreciate the comments/critique :pleased:
/mette
appreciate the comments/critique :pleased:
/mette
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ups
03-27 02:42 PM
Could you please link the relevant information.It would be nice to know about it.
thx
http://murthy.com/news/UDh1iii.html
If you go outside of US for more than one year than only you will be count against quota.If you were on H1 and stopped working for more than one year and still in US than also you are not counted in quota.
thx
http://murthy.com/news/UDh1iii.html
If you go outside of US for more than one year than only you will be count against quota.If you were on H1 and stopped working for more than one year and still in US than also you are not counted in quota.
GCBy3000
07-17 03:35 PM
Congratulations. You are very very lucky looking at the big UUUUUUUU for EB2 from next month.
pom
10-15 01:08 AM
Looks great, No-tec. I'm 100% impressed.
pom :smirk:
pom :smirk:
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