la6470
06-03 09:45 PM
Refer to Page 5 of Neufled Memo (http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf)
It shows self employment and H1B cannot prove employer-employee relationship.
>>If so, H1B visa requires proof of salary, whereas owners in an LLC cannot be employed by the LLC. Any ideas on how to solve this paradox?
My understanding after reading Nolo's LLC guide is that when you file LLC, if you don't state who will be Members and Managers. then everyone by default will be Members and Managers. If you are going to work, then you should be stated as Manager in Operating agreement.
He can do whatever he damn well wants to do .. I totally applaud him/her if he is making 300K a year and my advice to him/her is that you should not care wether you have a h1b or not, GC or not etc. Just make sure that you deposit your earnings in swiss banks and whenever USCIS throws you out show them the middle finger and go live in Aruba,. We are all ballless human being if we try to play by the rules of this game of discrimination. My advice is "Go Grab whatever you can"
It shows self employment and H1B cannot prove employer-employee relationship.
>>If so, H1B visa requires proof of salary, whereas owners in an LLC cannot be employed by the LLC. Any ideas on how to solve this paradox?
My understanding after reading Nolo's LLC guide is that when you file LLC, if you don't state who will be Members and Managers. then everyone by default will be Members and Managers. If you are going to work, then you should be stated as Manager in Operating agreement.
He can do whatever he damn well wants to do .. I totally applaud him/her if he is making 300K a year and my advice to him/her is that you should not care wether you have a h1b or not, GC or not etc. Just make sure that you deposit your earnings in swiss banks and whenever USCIS throws you out show them the middle finger and go live in Aruba,. We are all ballless human being if we try to play by the rules of this game of discrimination. My advice is "Go Grab whatever you can"
eastindia
04-20 01:57 PM
Just saw this message. Please forward to more people
Send Mahesh Mahadevan - to - Home - Immigration Voice (http://immigrationvoice.org/forum/blogs/munnabhai/332-send-mahesh-mahadevan-to-home.html)
Any help from will be greatly appreciated!
From: nithyas@gmail.com [mailto:nithyas@gmail.com] On Behalf Of Surabhi organizing committee
Sent: Sunday, April 18, 2010 1:33 AM
Cc: Surabhi--the Indian Students Association at UCI
Subject: Send Mahesh Home
Our dear friend Mahesh Mahadevan has left us as of Saturday, April 10th, hours before his 23rd birthday. Mahesh was a second year Ph.D. student in Mechanical and Aerospace Engineering at the University of California, Irvine and an alumnus of the Indian Institute of Technology, Madras. Mahesh was a truly wonderful person with a bottomless heart, always willing to help everyone out without hesitation. His passion for life and people has inspired several of us to explore the world. He was genius in his own right; his thirst for knowledge and willingness to share it with us has made us better individuals. We miss him terribly.
Now Mahesh has to find his way home to Cochin, Kerala in India. It is estimated that the entire process (mortuary, embalming, airfare, and funeral services) will cost several thousand dollars, which, as we all are well aware of, is forbiddingly expensive. It is time for us to come together and show our support. Please help Mahesh on his journey home and beyond. We, Surabhi--the Indian Students Association at UC, Irvine--request you to donate any amount possible by clicking on this link below. All funds will be transferred to Mahesh's parents in India. In the event of surplus funds, we will institute a trust and establish scholarships in his memory for under-priveleged yet brilliant young minds. In our efforts to be transparent, we will update this webpage everyday with donors, their contributions, and expenses. If you would rather be anonymous, please e-mail nithyas [at] gmail [dot] com.
Please go to this website to donate: Send Mahesh Home
If you have any questions, please contact the President of Surabhi, Nithya Sambasivan at nithyas [at] gmail [dot] com or 978-996-0231 or the Vice-President, Bharath Rajaram at bharath [dot] rajaram [at] gmail [dot] com or 281-536-3370.
Please forward to Mahesh's friends and those who may help us in these times of need.
Regards,
Surabhi Organizing Committee
University of California, Irvine.
Send Mahesh Mahadevan - to - Home - Immigration Voice (http://immigrationvoice.org/forum/blogs/munnabhai/332-send-mahesh-mahadevan-to-home.html)
Any help from will be greatly appreciated!
From: nithyas@gmail.com [mailto:nithyas@gmail.com] On Behalf Of Surabhi organizing committee
Sent: Sunday, April 18, 2010 1:33 AM
Cc: Surabhi--the Indian Students Association at UCI
Subject: Send Mahesh Home
Our dear friend Mahesh Mahadevan has left us as of Saturday, April 10th, hours before his 23rd birthday. Mahesh was a second year Ph.D. student in Mechanical and Aerospace Engineering at the University of California, Irvine and an alumnus of the Indian Institute of Technology, Madras. Mahesh was a truly wonderful person with a bottomless heart, always willing to help everyone out without hesitation. His passion for life and people has inspired several of us to explore the world. He was genius in his own right; his thirst for knowledge and willingness to share it with us has made us better individuals. We miss him terribly.
Now Mahesh has to find his way home to Cochin, Kerala in India. It is estimated that the entire process (mortuary, embalming, airfare, and funeral services) will cost several thousand dollars, which, as we all are well aware of, is forbiddingly expensive. It is time for us to come together and show our support. Please help Mahesh on his journey home and beyond. We, Surabhi--the Indian Students Association at UC, Irvine--request you to donate any amount possible by clicking on this link below. All funds will be transferred to Mahesh's parents in India. In the event of surplus funds, we will institute a trust and establish scholarships in his memory for under-priveleged yet brilliant young minds. In our efforts to be transparent, we will update this webpage everyday with donors, their contributions, and expenses. If you would rather be anonymous, please e-mail nithyas [at] gmail [dot] com.
Please go to this website to donate: Send Mahesh Home
If you have any questions, please contact the President of Surabhi, Nithya Sambasivan at nithyas [at] gmail [dot] com or 978-996-0231 or the Vice-President, Bharath Rajaram at bharath [dot] rajaram [at] gmail [dot] com or 281-536-3370.
Please forward to Mahesh's friends and those who may help us in these times of need.
Regards,
Surabhi Organizing Committee
University of California, Irvine.
arnet
09-08 05:27 PM
i think it should be ok because some apply with non-availability certificate instead of birth certificate since they cant get one. Usually it depends on the immigration officer who reviews your petition at that time and what decision he takes. disclaimer: But check with your immigration attroney as I'm nt an attroney.
if possible get one with first/last name, i think it is easier to show the existing one and get new one because existing one has parents details too. dont take chances in I-485, because if anyone get RFE (query) then it will delay your case atleast a month or two, because you have to resend one again.
How about birth certificate stating initial and First name (not first name and last name). Any sugestions?
if possible get one with first/last name, i think it is easier to show the existing one and get new one because existing one has parents details too. dont take chances in I-485, because if anyone get RFE (query) then it will delay your case atleast a month or two, because you have to resend one again.
How about birth certificate stating initial and First name (not first name and last name). Any sugestions?
sanju_dba
12-21 10:30 AM
Never saw how fire looks like....these sparks now and then sputter out of a fireplace of mounting frustation. Most sparks loose momentum because cold blowers are too many here.
Tierd of hopes! and frozen by these cold blowers! :o
Tierd of hopes! and frozen by these cold blowers! :o
more...
Iak123
06-02 11:01 PM
Thank You All for responding. That is very helpful
makemygc
07-30 05:14 PM
Thanks for posting this. I was thinking of creating a thread for this purpose. Self filers please make sure that you file the "correct" versions of 131 and 765
Here is a link for your reference.
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCR D
Interesting thing with this new form is the re-enactment of interim EAD. We yet to get any confirmation on that though.
Here is a link for your reference.
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCR D
Interesting thing with this new form is the re-enactment of interim EAD. We yet to get any confirmation on that though.
more...
homers
04-09 08:49 AM
As long as your H1-B application is still being processed, you should be IN STATUS.
For your passport renewal, you can write a cover letter to the Indian Embassy explaining that your visa extension is being processed and provide them a copy of the acknowledgment notice. That should be enough for establishing your legal presence for passport purposes.
For your passport renewal, you can write a cover letter to the Indian Embassy explaining that your visa extension is being processed and provide them a copy of the acknowledgment notice. That should be enough for establishing your legal presence for passport purposes.
bbenhill
10-07 09:32 PM
Hi, thank u all for the reply .. I will go ahead and go for my vac ..
i guess I am worrying too much ... :-)
i guess I am worrying too much ... :-)
more...
nixone
07-30 05:09 PM
Nixone;
I really hope / wish you don't get audited.
DOL claimed that the newspaper ad was sent to them without the date of it. So we sent them back the whole paper-page where the date is usually printed at the very top with my job ad on it.
Good luck...
I hope so too and thanks for your reply. I am still confused. As far as I know, you are not supposed to send/submit any supporting documents with your LC application unless it is asked for in a later date.
Now my question is, did they ask you to submit the newspaper ad some point after your manager/lawyer submited your LC application online? It seems like you sent the just ad part and they were not satisfied with it and asked more evidence and you sent the whole page again. Did they deny your LC after you sent the whole page ad or what point did they deny it?
I really hope / wish you don't get audited.
DOL claimed that the newspaper ad was sent to them without the date of it. So we sent them back the whole paper-page where the date is usually printed at the very top with my job ad on it.
Good luck...
I hope so too and thanks for your reply. I am still confused. As far as I know, you are not supposed to send/submit any supporting documents with your LC application unless it is asked for in a later date.
Now my question is, did they ask you to submit the newspaper ad some point after your manager/lawyer submited your LC application online? It seems like you sent the just ad part and they were not satisfied with it and asked more evidence and you sent the whole page again. Did they deny your LC after you sent the whole page ad or what point did they deny it?
deardar
02-08 07:59 AM
Hi,
I am waiting for replys.
But with in one month of my h1 approval of nov2007 i came to India.
I did one certification(one paper) in one language in november2007.
I have only one paystub.Do i need my employer 3 yrs tax papers.I am the 1st employee to my employer.Is any other documents needed other than pictures of my employers office,tax papers.Did i have to submit my indian experience or any other documents from indian company.Right now Can i change years of experience in india(Actually i submitted in h1 process 2 +yrs of experience in india,Can i change that to 1 yr exp in india now.Because i missed few documents of india experience).
In which location is easy for me to stamp delhi|mumbai|chennai.
Pls post experiences and needed docs.
DO you have a choice ? I thought if this is first time stamping you have to go to the consulate which serves your state.
I am waiting for replys.
But with in one month of my h1 approval of nov2007 i came to India.
I did one certification(one paper) in one language in november2007.
I have only one paystub.Do i need my employer 3 yrs tax papers.I am the 1st employee to my employer.Is any other documents needed other than pictures of my employers office,tax papers.Did i have to submit my indian experience or any other documents from indian company.Right now Can i change years of experience in india(Actually i submitted in h1 process 2 +yrs of experience in india,Can i change that to 1 yr exp in india now.Because i missed few documents of india experience).
In which location is easy for me to stamp delhi|mumbai|chennai.
Pls post experiences and needed docs.
DO you have a choice ? I thought if this is first time stamping you have to go to the consulate which serves your state.
more...
HRPRO
05-04 01:47 PM
When the employe and employer are two different entity...why can not?
I will have a very good employer- employe relationship...:D
When you start your own company arent you the employer or part of the ownership and when you sponsor your H, arent you the employee too? Sorry if I am missing something here
I will have a very good employer- employe relationship...:D
When you start your own company arent you the employer or part of the ownership and when you sponsor your H, arent you the employee too? Sorry if I am missing something here
coopheal
12-17 03:30 PM
Dates were current till 2005. USCIS and its previous incarnation didn't even finish cases from 2001. Even in 2007 all blow out sale they didnt complete older cases. Also all along they kept on wasting visa as well.
Ideally these would be considered as severe circumstances and USCIS/Congress/Administration would work on getting us some relief because we would make such huge noice for this.
Oh wait.... we are highly skilled GC aspirants.... we won't contribute and won't participate in various IV efforts. We would rather come over here blame core for our situation.
Ideally these would be considered as severe circumstances and USCIS/Congress/Administration would work on getting us some relief because we would make such huge noice for this.
Oh wait.... we are highly skilled GC aspirants.... we won't contribute and won't participate in various IV efforts. We would rather come over here blame core for our situation.
more...
riva2005
03-20 04:19 PM
Its coming on the foreground on thursday thru a press conference by Rep Jeff Flake and Rep Luis Gutierrez. Read the breaking news thread from IV core.
AZ_GC
09-06 01:31 PM
Hello Augustus,
Please provide more information like PD, ND and other filing dates.
Please provide more information like PD, ND and other filing dates.
more...
gc_maine2
04-27 12:55 PM
I also has same question but
my H1 is ending this Dec, and already got ext for 7 th year
Anyone can shed some light on this.
Thanks
my H1 is ending this Dec, and already got ext for 7 th year
Anyone can shed some light on this.
Thanks
miapplicant
09-24 09:56 AM
We filed on July 23rd at NSC. No news as yet.
more...
hebbar77
09-16 01:22 PM
Why even this discussion. there are many who no longer work for the sponsor even before getting the GC. What do you think happens if they find out? have you heard of anybody whose GC was affected?
Ok, I know this could be wrong answer... But since we are legal immigrants we need to follow all the laws!!:D
Ok, I know this could be wrong answer... But since we are legal immigrants we need to follow all the laws!!:D
gc_chahiye
07-12 11:22 PM
5. All can apply as per the old bulletin
Already ruled out
why? I thought this was the consensus on the other thread atleast.
Already ruled out
why? I thought this was the consensus on the other thread atleast.
dealsnet
06-01 08:50 AM
H1B holders cannot able to incorporate a LLC or S corp. They can incorporate a C corp. But cannot able to work for their own corporation. I don't know in H1B can buy a share at 33%.
He can be a sleeping partner. Not able to work or hold any position till he can able to get a H1B from that company, or get a EAD to work after filing AOS.
He can be a sleeping partner. Not able to work or hold any position till he can able to get a H1B from that company, or get a EAD to work after filing AOS.
redelite
08-20 01:33 PM
Okay so here is my first draft of the YA RLY owl..
http://www.kirupa.com/forum/attachment.php?attachmentid=47604&stc=1&d=1219253829
I think I tried to be a little too detailed though :-/
http://www.kirupa.com/forum/attachment.php?attachmentid=47604&stc=1&d=1219253829
I think I tried to be a little too detailed though :-/
Vel
01-21 01:36 AM
Hello Friends,
Current Situation:
-I am on my 10th years in USA and started using my EAD 1 year before
-My Employer A filed my green card labor in March 2005 and got approved (so my PD is 03/2005)
-I485 pending for more than 2 years (so I am beyond 180 days limit)
-I140 is approved.
-I have been working with them (Employer A) till Jan, 2010 (3 years on H1B and 1 year on EAD)
Now I am getting a good offer with senior role plus pay (30% more) from Employer B and I would like to take it.
1) If my Employer A continued to process my GC and confirmed that they will support till I get my GC. Do I still need to use the AC21 portability to work for the new Employer B?
2) Or should be a safer side to use the AC21?
Thanks for your help on this
Vel
Current Situation:
-I am on my 10th years in USA and started using my EAD 1 year before
-My Employer A filed my green card labor in March 2005 and got approved (so my PD is 03/2005)
-I485 pending for more than 2 years (so I am beyond 180 days limit)
-I140 is approved.
-I have been working with them (Employer A) till Jan, 2010 (3 years on H1B and 1 year on EAD)
Now I am getting a good offer with senior role plus pay (30% more) from Employer B and I would like to take it.
1) If my Employer A continued to process my GC and confirmed that they will support till I get my GC. Do I still need to use the AC21 portability to work for the new Employer B?
2) Or should be a safer side to use the AC21?
Thanks for your help on this
Vel
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