GreenCard4US
08-21 12:25 PM
I received an RFE from USCIS 10 days after the date on the letter and need to respond in 33 days.
I came to US through Company A in June 2007 and was with them until Dec 2006. This Company A had applied for my labor and I140 and both of them were approved through them. I joined Company B in Jan of 2007(change of H1) and was with them until April of 2007. I joined Company C in April 2007(change of H1) and been with them since. Company C would not do my GC.
During the July 2007 fiasco, Company A agreed to give me an offer letter that I submitted with my 485 application and my attorney (a good reputed one) mentioned in the application that I was working for company C.
I got an RFE now stating that I did not send my sealed medical exam which I had done and we have a scan of what was sent. They also want �a current letter of employment attesting to your offer of proposed employment. This letter should be written on the company�s official letterhead and cite the date you will begin working, whether the position is temporary or permanent , a description of the position, a description of the position that you currently hold for the company (if any), and offered salary�
Is this RFE bad? What might have triggered this RFW? Now my attorney suggests that since I had filed 485 through company A and I did not really invoke AC21 that I should give a new offer letter from Company A (they are willing to give one). My question is if I do that will there be further questions? The company I work for is a bigger one and Company A is really a body shopper, so I want to go with the letter from the current company. Also since it more than 2 years since I applied for 485 can I say I invoked AC 21? When can I disassociate myself from company A as I do not want to lose my current job.
I would like the attorneys or the members valuable help. Please do offer your opinions. Thank you all in advance.
__________________
I came to US through Company A in June 2007 and was with them until Dec 2006. This Company A had applied for my labor and I140 and both of them were approved through them. I joined Company B in Jan of 2007(change of H1) and was with them until April of 2007. I joined Company C in April 2007(change of H1) and been with them since. Company C would not do my GC.
During the July 2007 fiasco, Company A agreed to give me an offer letter that I submitted with my 485 application and my attorney (a good reputed one) mentioned in the application that I was working for company C.
I got an RFE now stating that I did not send my sealed medical exam which I had done and we have a scan of what was sent. They also want �a current letter of employment attesting to your offer of proposed employment. This letter should be written on the company�s official letterhead and cite the date you will begin working, whether the position is temporary or permanent , a description of the position, a description of the position that you currently hold for the company (if any), and offered salary�
Is this RFE bad? What might have triggered this RFW? Now my attorney suggests that since I had filed 485 through company A and I did not really invoke AC21 that I should give a new offer letter from Company A (they are willing to give one). My question is if I do that will there be further questions? The company I work for is a bigger one and Company A is really a body shopper, so I want to go with the letter from the current company. Also since it more than 2 years since I applied for 485 can I say I invoked AC 21? When can I disassociate myself from company A as I do not want to lose my current job.
I would like the attorneys or the members valuable help. Please do offer your opinions. Thank you all in advance.
__________________
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GCA
04-27 01:13 PM
GE is not a person. All of GE employees as well as share holders pay taxes on their income. Why do you want to double tax the companies and make them go out of business? Thats one reason companies have to setup operations in tax haven countries.
It's as if the wife has to pay taxes on her salary and then the husband has to pay taxes on the pocket money he gets from his wife as monthly allowance to run the house hold. (Just reversed the traditional places of husband and wife for fun).
So, can I stop paying sales taxes when I buy any goods out of my 'after tax' earnings???
It's as if the wife has to pay taxes on her salary and then the husband has to pay taxes on the pocket money he gets from his wife as monthly allowance to run the house hold. (Just reversed the traditional places of husband and wife for fun).
So, can I stop paying sales taxes when I buy any goods out of my 'after tax' earnings???
Napoleon
03-12 12:33 PM
http://immigrationvoice.org/forum/showthread.php?t=13349
Please do a search on this site, we have discussed this in couple of forums in great detail.
You will find all your answers there.
SUBJECT:
Start new LLC with wife's EAD and work on 1099/w2 to any company :
GETTING HARD TO GET IT JOB WITH H1Bs. Asking ONLY accept work on 1099/W2 with EAD/GC with Self Incorporated company LLC Certificate :
I have following questions on starting LLC on wife's EAD :
My 1-140 is approved and I-485 is pending (i140 and 485 both completed 180 days) and me and my wife both have EAD and AP. My current status is H1B with the current employer who filed for GC.
Q1: As current market crisis, lot of companies asking to work on 1099 or on their W2 basis.
(lot of IT jobs listed for only EAD/GC ....NO H1Bs like that...became hard to find IT job with H1B ).
For getting job purpose only, can I open LLC (100% owned by wife's name) on wife's name only and can I work for my wife's company through AC21 with my EAD (I'll ask my lawer to do all necessary paper works to meet my job role and job description are same kind and meets AC21 portability) .
Q2: Lot of new companies asking to show my self incorporated LLC certificate in which my name should be displayed in order to work for them via 1099/w2 basis.
In this case, what exactly I should do to work any company in US on 1099/w2 basis?
(Assume that I already opened LLC on my wife's EAD and 100% owned, and my name
is not listed in the company llc certificate).
Q3: In case if I joined my wife's company through AC21 under same job role/name that I'm doing ,
How can I work for other company on 1099/w2 basis?
How can I work for other company on Contract-to-contract basis?
As this is very critical step and helps lot of people, please help advise BEST possible options with step by step advise to avoid any other status changes and get smooth GC process run which is already in process.
Thanks appreciated.
Imind
Please do a search on this site, we have discussed this in couple of forums in great detail.
You will find all your answers there.
SUBJECT:
Start new LLC with wife's EAD and work on 1099/w2 to any company :
GETTING HARD TO GET IT JOB WITH H1Bs. Asking ONLY accept work on 1099/W2 with EAD/GC with Self Incorporated company LLC Certificate :
I have following questions on starting LLC on wife's EAD :
My 1-140 is approved and I-485 is pending (i140 and 485 both completed 180 days) and me and my wife both have EAD and AP. My current status is H1B with the current employer who filed for GC.
Q1: As current market crisis, lot of companies asking to work on 1099 or on their W2 basis.
(lot of IT jobs listed for only EAD/GC ....NO H1Bs like that...became hard to find IT job with H1B ).
For getting job purpose only, can I open LLC (100% owned by wife's name) on wife's name only and can I work for my wife's company through AC21 with my EAD (I'll ask my lawer to do all necessary paper works to meet my job role and job description are same kind and meets AC21 portability) .
Q2: Lot of new companies asking to show my self incorporated LLC certificate in which my name should be displayed in order to work for them via 1099/w2 basis.
In this case, what exactly I should do to work any company in US on 1099/w2 basis?
(Assume that I already opened LLC on my wife's EAD and 100% owned, and my name
is not listed in the company llc certificate).
Q3: In case if I joined my wife's company through AC21 under same job role/name that I'm doing ,
How can I work for other company on 1099/w2 basis?
How can I work for other company on Contract-to-contract basis?
As this is very critical step and helps lot of people, please help advise BEST possible options with step by step advise to avoid any other status changes and get smooth GC process run which is already in process.
Thanks appreciated.
Imind
2011 Cross-Heart-Wings
Tantra
07-26 01:52 PM
http://www..com/usa-immigration-trackers/i485-tracker1/
If we sort by 'USCIS Notice Date' (click it to sort descending), then we see this case right on top (guess second)...
This also gives a quick idea about the latest Notice Date trend. Sadly, not much activity from July 20th onwards (total 7 notices reported).
If we sort by 'USCIS Notice Date' (click it to sort descending), then we see this case right on top (guess second)...
This also gives a quick idea about the latest Notice Date trend. Sadly, not much activity from July 20th onwards (total 7 notices reported).
more...
Life2Live
11-06 07:31 AM
My 485 petitions returned now we are in process of resubmitting. However, I see my I-140 was applied in Nebraska on Feb 07 and later my 485 petition on Aug 07 was sent to Texas from my employer. I do understand there are intertransfer between Nebraska to Texas.
My question is it right to submit 485 pettion to Texas when I-140 is pending at Nebraska? Gurus! please answer ASAP so that I can make sure atleast my company files in correct service center this time.
My question is it right to submit 485 pettion to Texas when I-140 is pending at Nebraska? Gurus! please answer ASAP so that I can make sure atleast my company files in correct service center this time.
Madhuri
03-19 02:17 PM
Your signature says I 140 was approved, when was it approved and does that mean the USCIS website never updated the status of your I 140?
or was it showing I140 approved before and now it's showing pending?
No, I140 is not denied, its pending as per USCIS website. However, reason for I485 denial is that I140 is denied. Is this something to do with the RFE on I140? I dont see any logic in this...
or was it showing I140 approved before and now it's showing pending?
No, I140 is not denied, its pending as per USCIS website. However, reason for I485 denial is that I140 is denied. Is this something to do with the RFE on I140? I dont see any logic in this...
more...
sweet_jungle
12-29 09:52 PM
3 year h1 extension requires I140 to be approved plus non-current priority dates. You can get a copy of the approval from your attorney
I do not see any reason why uscis cannot give 3 year extension with ONLY 485 receipt and I-140 case number printout. With these, USCIS should be able to determine the priority dates and whether the person is retrogressed or not.
An actual case would be helpful.
I do not see any reason why uscis cannot give 3 year extension with ONLY 485 receipt and I-140 case number printout. With these, USCIS should be able to determine the priority dates and whether the person is retrogressed or not.
An actual case would be helpful.
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kalyani_kontham
06-27 02:36 AM
Sorry to know about your layoff. What I would suggest is try to get a Consulting company ( maybe desi ) to transfer your H1. That would give you some leeway to find a project again.
more...
sc3
08-28 12:43 PM
When they say "Continued Heavy Demand", what does it mean? Howcome there can be demand with Older Priority Dates? Labor Substitution is no longer possible so there can't be new demand with Older PD. So howcome PD goes back? Does anybody have insight into that?
Yes, I can profess a guess, but that does not account for the statement about "A formal decision determination of the October cut-off dates will not be possible until early September"
With all the labor certification being sold on or around June 2007, old labors started getting used up. These applications are probably trickling in during the course of the year, and may have seen a huge rush when they announced that they are going to make EB3 unavailable. Therefore, their earlier assumption that they can move forward was wrong. On the other hand, they probably totally messed up in counting the number of cases they already had on hand.
I dont agree to the continued "heavy demand" comment. What demand? Were they accepting applications when the queue was already closed for the year? If not, there is no case of "heavy demand", unless there was a bunch of applications around Dec02-Mar03 for China but as usual they used a 3 year old to count the number applications
Yes, I can profess a guess, but that does not account for the statement about "A formal decision determination of the October cut-off dates will not be possible until early September"
With all the labor certification being sold on or around June 2007, old labors started getting used up. These applications are probably trickling in during the course of the year, and may have seen a huge rush when they announced that they are going to make EB3 unavailable. Therefore, their earlier assumption that they can move forward was wrong. On the other hand, they probably totally messed up in counting the number of cases they already had on hand.
I dont agree to the continued "heavy demand" comment. What demand? Were they accepting applications when the queue was already closed for the year? If not, there is no case of "heavy demand", unless there was a bunch of applications around Dec02-Mar03 for China but as usual they used a 3 year old to count the number applications
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abchi
09-22 04:35 PM
EB2- July 2004, I140-I485 applied in August 2007, recently laid off.
The company is keeping me on the payroll till end of october. I have not received my EAD yet and it hasnt been 6 months since I applied for I140/I48. I am already on an yearly H-1b extension which expires first week of January 2008.
What are my options? Does the company have an obligation to cancel the I140 process after the person is laid off? Are there any risks involved for the company?
Thanks for the help.
The company is keeping me on the payroll till end of october. I have not received my EAD yet and it hasnt been 6 months since I applied for I140/I48. I am already on an yearly H-1b extension which expires first week of January 2008.
What are my options? Does the company have an obligation to cancel the I140 process after the person is laid off? Are there any risks involved for the company?
Thanks for the help.
more...
vedicman
01-03 09:20 AM
NEW DELHI: India may drag the United States to the World Trade Organization , or WTO, over its decision to raise professional visa fees for an extended period and impose a 2% import levy on goods and services sold to the US government, a senior official has said.
The commerce department is studying details of the James Zadroga 9/11 Health and Compensation Act of 2010 which aims to increase visa fee and import taxes on supplies to government to set up a $4.3 billion fund for sharing the healthcare burden of those affected by 9/11 terror attack in New York.
The Senate passed the bill last week and India will soon take a decision on approaching the WTO, commerce secretary Rahul Khullar told ET on Monday.
The final bill, which is now with US President Barak Obama to be signed into law, spells more trouble for Indian industry than the one initially proposed as it imposes an additional levy of 2% on all goods and services sold by Indian companies to the US government and extends the period for higher visa fees from 2014 to 2021.
India has been trying for months to persuade its third largest trade partner to revoke the proposal to increase H1B and L1 visa fees as it could raise the cost of Indian IT companies operating in the US by $200 million annually.
"We do not rush into disputes, but beyond a point, patience does run out," Dr Khullar said, adding that it may be time for the country to explore the option of settling the issue at the WTO.
The first step would be to seek consultations with the US at the WTO on the contents of the bill and if the matter doesn't get resolved, a dispute settlement panel could be set up, the secretary said.
The 2% tax will be levied on countries that are not signatories to the government procurement agreement (GPA) of the WTO, including India.
The commerce department is studying details of the James Zadroga 9/11 Health and Compensation Act of 2010 which aims to increase visa fee and import taxes on supplies to government to set up a $4.3 billion fund for sharing the healthcare burden of those affected by 9/11 terror attack in New York.
The Senate passed the bill last week and India will soon take a decision on approaching the WTO, commerce secretary Rahul Khullar told ET on Monday.
The final bill, which is now with US President Barak Obama to be signed into law, spells more trouble for Indian industry than the one initially proposed as it imposes an additional levy of 2% on all goods and services sold by Indian companies to the US government and extends the period for higher visa fees from 2014 to 2021.
India has been trying for months to persuade its third largest trade partner to revoke the proposal to increase H1B and L1 visa fees as it could raise the cost of Indian IT companies operating in the US by $200 million annually.
"We do not rush into disputes, but beyond a point, patience does run out," Dr Khullar said, adding that it may be time for the country to explore the option of settling the issue at the WTO.
The first step would be to seek consultations with the US at the WTO on the contents of the bill and if the matter doesn't get resolved, a dispute settlement panel could be set up, the secretary said.
The 2% tax will be levied on countries that are not signatories to the government procurement agreement (GPA) of the WTO, including India.
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wizpal
02-24 01:04 AM
It looks like we are a bunch of folks (from Texas) without any direction. Could any of IV core folks coordinate the meeting sometime next week. Make sure to invite(email) all of those who have responded to this thread.
more...
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cygent
12-31 05:25 PM
My Friends,
I just wanted to share my good news with all of you on the cusp of a New Year. I am ecstatic to announce that my 140 got approved after a nerve wracking 17 months.
I have been rewarded with this blessing at the end of an absolutely horrendous year, to say the least. It started with being on bench for 5 months, to a 2-month contract in another city on H1-B through 3 layers, working hard as a mule whilst at the same time thinking positive, praying and believing in myself. Then extending contract by 3 months, abandoning H1B to use EAD due to ridiculous treatment by my H1 employer of 8 yrs. (it was the proverbial last straw on the back). Finally after this effort, contract extended through 12/31/09 culminating just yesterday by the approval of my 140!! "Hoped for the Best but prepared for the Worst"!
It came at a moment when I was almost ready to give in, throw up my hands in despair and start the tedious process all over again. But I always believed there was a silver lining in the clouds for me and it has just now opened up.
I want to thank everybody for reading and providing a fellow immigrant support and answers throughout this arduous journey. As a token of my appreciation for IV, I will contribute $140 towards our campaigns for next year.
{PayPal Payment Sent to "donations@immigrationvoice.org" (Unique Transaction ID #85N48789NY4311439)}
And lastly - Wish You a Happy & Prosperous 2009!! Be safe everybody.
I just wanted to share my good news with all of you on the cusp of a New Year. I am ecstatic to announce that my 140 got approved after a nerve wracking 17 months.
I have been rewarded with this blessing at the end of an absolutely horrendous year, to say the least. It started with being on bench for 5 months, to a 2-month contract in another city on H1-B through 3 layers, working hard as a mule whilst at the same time thinking positive, praying and believing in myself. Then extending contract by 3 months, abandoning H1B to use EAD due to ridiculous treatment by my H1 employer of 8 yrs. (it was the proverbial last straw on the back). Finally after this effort, contract extended through 12/31/09 culminating just yesterday by the approval of my 140!! "Hoped for the Best but prepared for the Worst"!
It came at a moment when I was almost ready to give in, throw up my hands in despair and start the tedious process all over again. But I always believed there was a silver lining in the clouds for me and it has just now opened up.
I want to thank everybody for reading and providing a fellow immigrant support and answers throughout this arduous journey. As a token of my appreciation for IV, I will contribute $140 towards our campaigns for next year.
{PayPal Payment Sent to "donations@immigrationvoice.org" (Unique Transaction ID #85N48789NY4311439)}
And lastly - Wish You a Happy & Prosperous 2009!! Be safe everybody.
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ajay
03-02 10:15 AM
There is no doubt that the article is well written. But looking at the comments what I feel is nobody is happy about us being here or there!!!
It is completely a difficult situation we are in if we are into any trouble.
It is completely a difficult situation we are in if we are into any trouble.
more...
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pnara2
01-03 09:20 PM
Just think that you read a joke!
US Govt will try and squeeze every single penny whereever possible, especially, considering the high unemployment rates lingering around lately!
Infact Indian govt should learn how to milk money from the US corporates who operate in India. Probably they do now but unfortunately the benefits are not reaped by the common masses in india!
US Govt will try and squeeze every single penny whereever possible, especially, considering the high unemployment rates lingering around lately!
Infact Indian govt should learn how to milk money from the US corporates who operate in India. Probably they do now but unfortunately the benefits are not reaped by the common masses in india!
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jonty_11
08-03 05:57 PM
Yes you can apply today , per Aug bulletin it's all "U" , forgot about that !!!!
it will remain U until mid Sept when Oct Vb comes out....with a lotta surprises..
it will remain U until mid Sept when Oct Vb comes out....with a lotta surprises..
more...
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illusions
04-15 01:07 PM
wow... man 9 years is like an eternity for me... you deserve it, wish ur wait would have been shorter tho, nevertheless you have it now so enjoy!
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thepaew
09-17 09:31 AM
Hi All,
I am on H1 (beginning of my second 3 yr term on H1), EB2labor pending ( two US MS degrees in engineering) & I would like to apply for a full time MBA to NYU .
I would like to know if this is possible while being on H1. I know i can apply for a part time program.. but I would like to pursue a full time MBA or would I have to convert to a F1 ?..
How about pursuing a full time MBA with EAD ( 485 PENDING)
I would like to plan for a future scenario, as I would definitely want to pursue a MBA. Can you guys shed some light on this topic ?
Hi,
I looked in to this option as I had applied to a US Top 5 program. It is possible to do this on H-4 if you are married and if you are confident that your spouse can maintain his or her H1B status during the duration of your course. Of course, it will be a headache to get a US-based job or internship.
Hope this helped. Good Luck.
- N
I am on H1 (beginning of my second 3 yr term on H1), EB2labor pending ( two US MS degrees in engineering) & I would like to apply for a full time MBA to NYU .
I would like to know if this is possible while being on H1. I know i can apply for a part time program.. but I would like to pursue a full time MBA or would I have to convert to a F1 ?..
How about pursuing a full time MBA with EAD ( 485 PENDING)
I would like to plan for a future scenario, as I would definitely want to pursue a MBA. Can you guys shed some light on this topic ?
Hi,
I looked in to this option as I had applied to a US Top 5 program. It is possible to do this on H-4 if you are married and if you are confident that your spouse can maintain his or her H1B status during the duration of your course. Of course, it will be a headache to get a US-based job or internship.
Hope this helped. Good Luck.
- N
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h1b_forever
10-06 02:07 PM
This is great news. Hope we see some names from the Congress on the list
ramaonline
07-10 07:37 PM
My friend has this scenario and want expert advise from IV members.
- On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
years in 3 months. - Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and I485 (July fiasco)
- I140 still pending
Question:
1. Does L1 period is counted for H1 extention?
[I]H1 term of 6 years includes l1 time and excludes vacation periods
2. Can he do H1 transfer using AC21 without I140 approval?
Not sure what you are looking for. 1 year H1 extension is possible since labor PD is 2004. The extension also allows you to transfer / change employers[I]
As 6 years are going to be expired?
3. What if the old employer revokes his I140 now? His GC process is invalid?
premium processing for 140 is available in some cases - chk the faq on uscis website. If the 140 is withdrawn prior to approval then the PD cannot be ported. If it is revoked after approval then u can retain the PD for any new GC process. 3 year h1 extn is also possible
4. If we leave about GC, Can he do H1 transfer atleast?
Yes based on approved LC + h1 extension.
Note that gc is for a future job offer.
- On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
years in 3 months. - Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and I485 (July fiasco)
- I140 still pending
Question:
1. Does L1 period is counted for H1 extention?
[I]H1 term of 6 years includes l1 time and excludes vacation periods
2. Can he do H1 transfer using AC21 without I140 approval?
Not sure what you are looking for. 1 year H1 extension is possible since labor PD is 2004. The extension also allows you to transfer / change employers[I]
As 6 years are going to be expired?
3. What if the old employer revokes his I140 now? His GC process is invalid?
premium processing for 140 is available in some cases - chk the faq on uscis website. If the 140 is withdrawn prior to approval then the PD cannot be ported. If it is revoked after approval then u can retain the PD for any new GC process. 3 year h1 extn is also possible
4. If we leave about GC, Can he do H1 transfer atleast?
Yes based on approved LC + h1 extension.
Note that gc is for a future job offer.
manubilga
08-16 07:11 PM
If I got SSN Can I make Any Corporation and buy a business
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