Monday, June 20, 2011

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  • pgc10
    02-03 01:00 PM
    My lawyer advises that there's no point in sending information to USCIS unless they ask for it, or is required by law or regulations. The chances of such unsolicited information making it to your files, or being acted upon are slim to none. If you wish, you could send the AC21 information on your own. Retaining a lawyer to send this information, and paying them a few hundred bucks to do so is sheer waste of money, in my opinion. There's no guarantee that it will avoid an RFE. USCIS does not have the time or resources to process unsolicited information. You should hire a lawyer (and have them submit a G-28) if you wish to transfer your representation to a new lawyer, and tell them that they are being retained to respond to RFEs and such. This "AC21 letter" thing is something that lawyers have come up with...its not necessary, and even if it is, you can do it yourself...all you need is an employment verification letter from your new employer.

    I'd like to believe that USCIS doesn't act upon such information. However, look at this guy's case.

    He says he got a "response" from USCIS after filing for AC21 stating that the information he sent was now "attached" to his existing application.

    http://immigrationvoice.org/forum/showthread.php?t=23339




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  • saketkapur
    09-16 05:25 PM
    done

    CNN=Corrupt Naitivist Network




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  • njboy
    09-20 10:41 AM
    dont look a gift horse in the mouth




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  • paskal
    08-05 09:23 PM
    delighted to hear you are finalizing your plans
    let me know when you have things in place, also if i can help you in any way. we should encourage more mn members to join us in DC, maybe even plan on making some calls. your motivation should serve as inspiration to others!



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  • chi_shark
    09-09 03:45 PM
    This issue must have been beaten to death already... I do not think that you have to be a permanent resident or Citizen in USCIS terms for doing S-Corp. The requirement is stated in a negative fashion in the code. I mean that the code lists what cannot be instead of what should be. And I think it means that a s-corp shareholder cannot be a non-resident alien. Thats it. I am on EAD and I have an S-Corp (i dont do IT with that company). I have a full time IT job and run the company part time...

    I would have liked to do LLC except that it is more expensive to set it up compared to corp. there are record keeping requirements on corp... but if you are a good CEO, you will keep records for any company... no matter what legal style of organization.

    The only operational benefit of S-corp or llc is the pass through taxation... i.e. income is taxed only once... c-corp has to be taxed on profits... on the flip side, however, you may potentially have a company that does very little business in the first year and hence very little profits or taxes... you could give yourself a handsome (but reasonable) salary and hence declare loss or zero profits... there are ways..

    finally, I recommend spending the extra time, money, effort to read a few books (like "Inc yourself") and subscribe to inc magazine, entrepreneur magazine to do all legal and accounting stuff yourself in the first 1 2 years... you will learn a lot! on the other hand if you are starting with large capital base, then you can probably hire everyone right off the bat! (you probably would not have come here if you had plenty of money to hire everyone)


    Please don't give incorrect answers.

    All three corporation types (C-Corp, S-Corp, and LLC) have limited liability to its shareholders.

    The main difference in these corp types are
    1. How much record keeping is done
    2. The way taxes are computed and filed with IRS
    3. The kind of expenses allowed to deduct
    4. C-Corp and LLC can carryover profits to next year(s), but S-Corp has to pass on profit (or loss) to the shareholders at the end of every calendar year.

    For S-Corp, the shareholders must be Permanent Resident or US Citizen.

    I have corporation of my own and this is C-Corp (due to kind of expenses I can deduct and/or write-off). I did all the incorporation work myself without any help from CPA. Incorporation is pretty straight forward and very easy. There are good books in Nolo Press on Corporate Incorporation.


    ____________________________________
    Proud Indian American and Legal Immigrant




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  • waitnwatch
    04-15 02:28 PM
    Hello, I think I made a mistake. I recently went from GC to citizenship and it cost me my job. I was
    fired shortly after becoming a citizen. I am from a country other than yours. Sorry about that. There is no particular website that represents immigration from the country I immigrated from.

    The employer replaced me with a visa card holder. After I trained him, I was fired and my boss was fired.

    I am a skilled programmer with advanced degree. Employers from the dice.com website refuse to even acknowledge my resumes. Being unemployed is no way to be a new citizen. So I am ready to give up searching and move to India,in search of programming work. All I want to do is write code. I do not desire to make a point or to annoy anyone, I just want to work and write source code and try to get on with my life.

    What are my chances to find work with the giant IT corporations of India? I am ready to move today. Can I revoke my US citizenship and immigrate to your country??? Sorry sorry sorry if this offends anyone, I do not mean to annoy any of you. I just want to have a job and write code and I will be on my way.

    Thank you, thank you, thank you, for permitting me to present my delima to this your website.
    abby

    This is not a genuine post....This person says that he/she was replaced by a "visa card holder". If this person has survived the pain then he/she would know what terminology to use. This person talks about a "country other than yours". What does this person mean. And of course this person lost his/her job "because" he/she became a citizen. So this person suddenly became incompetent after becoming a citizen. We may be suffering but we are not exactly idiots.

    Moderators could you please do what is needed with this thread!



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  • chris
    02-11 11:44 PM
    Still pending ..

    Initially filed in Texas and transfered to Vermont .
    Assigned to officer more that 60 days ago. :confused:



    I've contacted the congressmen. There are 200 odd cases at NSC still lying unprocessed with earlier PD and RD (than mine) while the cutoff dates move forward for EB2-I. Are they going process all others before mine?
    With this some lucky ones will get out and other unlucky ones will complain to the congressmen. Movements without clearing up the earlier cases will cause more problems.
    Btw, Chris, what is your status?




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  • crystal
    07-08 01:59 PM
    Why is he mentioning as East Indians instead of Immigration Voice membershttp://www.immigration-law.com/

    It's right on the home page.



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  • samsanju.corp
    01-08 02:10 AM
    Interview date 9th dec 2009
    Submitted all documents 10th dec 2009 as mentioned below:-

    1) Petitioner's Federal Income Tax returns
    2) Petitioner's state unemployment wage reports for last 4 quarters.
    3) Letter from end client in US on letterhead indicating your services are expected.
    4) List of petitioner's employees at your job site including names, titles, salaries, and immigration status.
    5) Copy of contract between petitioner and contracting company with detailed job itinerary.

    Till date I together with my employer have written 6 emails but there is no response.
    I personally visited mumbai Consulate information center but they did't ave me any answer.


    Can anyone please tell me how long this whole process will take?

    Is there any chance that such case goes into endless loop?

    My house and all belongings are in U.S. and I am clueless as what to do




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  • nixstor
    08-23 10:26 PM
    I was thinking that BEC's have 300K odd cases. Are you sure its only 180K?



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  • immiguy
    07-20 05:03 PM
    her priority date is march 2005 .and they filed for AoS on july 2nd.Her due date is november of this year. I am guessingt hat their 485 will not be approved november of this year.So, they can bring the child on h4 into the country. but then if their 485 gets approved in a year of 18 months-- what happens to the child? How does the child apply ?family based? in that case, the child will ahve to go out of the country for a long time, till the GC is approved- right?




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  • sunray
    10-07 03:57 PM
    hi,
    I am in a similar situation.
    I have a valid visa stamped on my passport till the sept 2010. And I moved to company B after I was let go by company A. The I 797 approval for company B I got did not have the I 94.
    I got the approval yesterday with a letter saying that my extension of stay has been rejected.
    The letter also said that I was staying in the country after my H1B with company A has been revoked, which is against the law. It is also mentioned that my I 129 has been mailed to the consulate of my choice(which is in India).

    Does he mean that I need to attend the consulate to get my I 129? If so, has the visa stamp been revoked?
    Is it ok if I attend the consulate in neighbouring countries like mexico or bahamas instead of going to India?
    If the Visa stamping has not been revoked, can I just cross the border for an I 94 card?

    Any advice is valuable to me.

    Thanks in advance.



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  • roseball
    08-07 10:37 AM
    1> Marriage certificate.
    2.> I-864 + employment letter (copy will do) + tax returns (last 3 years) + W2s (last 3 years) + paystubs for last 3 months + bank letter
    3.> Proof of status for her (I-94s, I-20s, I-797, EAD, etc)
    4.> Copy of her complete passport (including expired one if it exists)
    5.> Her birth certificate / affidavits
    6.> Copy of your I-140 approval
    7.> 6 photographs of her
    8.> Filing fees

    You also need to include the filled in Form I-134.

    http://www.uscis.gov/files/form/i-134.pdf




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  • BharatPremi
    10-24 01:33 PM
    You are 100% correct. They look for PD while accepting I-485 and then they see it only at the time of approval. There is no FIFO. It all depends on luck.

    What FIFO Pappu was talking about is related with 485 processing between Receipt and final conslusion. That processing is done on "Receipt date" based FIFO in theory. For practical matter, most of the time, end visual effect is 485 is not done through receipt based FIFO but it is done through that.

    Example: Assuming both same catgory and same PD, your 485 file reached on July 2nd. My file is reached on August 2nd. Your file will be processed first.. But say you stuck in name check and I am not then down the road after 1 year, if our PDs become current, And If by that time processing is over on my file then I will get GC first although your file reached first but because you will be still stuck in name check.



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  • pappu
    08-07 10:31 AM
    The summer August recess is here and the lawmakers are back in their constituencies. This is an opportunity for us to meet with them and address our issues and present solutions in preparation for the upcoming CIR. We must push for our agenda to get our provisions in the base bill as CIR is being drafted currently. If we do not get our provisions in the base bill then it is much harder to get them attached to the bill in the form of amendments.

    IV therefore requests its members, to call up and start scheduling lawmaker meetings NOW. Please take appointment with your local lawmakers of both houses of Congress. You can find more information about how to reach your lawmaker guide that we have on the website, http://immigrationvoice.org/media/HowTo_Guide_MeetLawmakers.doc
    The State Chapters will be organizing state level calls to coordinate this effort. You will be given detailed instructions and given documents to carry for these meetings. If you do not have a state chapter in your state, please join a nearby state chapter. You will be verified and included. Anonymous and unverified members are not given access to state chapters. You can find state chapters here: http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52

    In summary there are four parts to this action item

    1) Please start taking the appointments with your lawmakers now. Once you schedule these lawmaker meetings, please post the details in your state chapter yahoo/google group (date of the appointment and the lawmaker office) so that these efforts will be coordinated with others from your state chapter / local area. Do not post the details of your appointment on this thread.

    2) We will be organizing conference calls in the coming weeks for members who are participating in this action item.


    3) Once you have your meetings, please email the details and feedback to info at immigrationvoice.org to help us follow up with their DC office with your feedback.

    4) If you are a state chapter member, set up a conference call any time starting this weekend to execute this action item. If you do not have a state chapter, join the conference calls of your nearby states for guidance. State chapter leaders will however verify you before giving access. State chapter leaders will find further updates and instructions in their state chapter leader forum.

    We must push ourselves harder and stronger in this month if we have to see the light at the end of the tunnel. Advocacy is an integral, essential and important part of democracy and we must exercise our first amendment right to demonstrate that we not only are highly skilled and are high income individuals but we are truly the best and the brightest Future Americans.

    Thank You.
    Team IV




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  • dbevis
    May 23rd, 2005, 05:43 AM
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  • agc2005
    11-07 07:48 AM
    Saro28:

    Thanks for your reply. I am also in the same dilemma over where to file, according to I765 instructions i need to mail to NSC but my I140, I485 ,EAD and AP all are in TSC. Customer Service rep tells me to follow the Instructions in I765 form for where to File.




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  • yetanotherguyinline
    07-27 06:50 PM
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  • logiclife
    12-22 06:03 PM
    There is no such thing as "H1B grace period". Nowhere in Immigration laws or USCIS regulations there is anything like a fixed number.

    You are out of status(not illegal) when you stop working. If you are laid off suddenly, you are out of status.

    Most people are ok coz they find new job and starting working and the "gap" in employment is usually less than a month. If its more than a month then you can face inquiries during H1B transfer to your new employer about your gap and they may ask you for missing paystubs. If you cant provide paystubs for the gap in employment between jobs, then it can go 2 ways:

    1. They will give you H1 approval with I-94 attached at bottom ... meaning H1 petition is approval and the transfer is also approved.

    2. If you are unluckly, the would give you just the I-797 H1 approval without the I-94 attached at the bottom of 797. That means that H1 petition for new employer is approved but the transfer is not approved. Then in that case you are required to travel out of the country and get another I-94 to get back in status.

    This loosely defined grace period is a pain for those who work in consulting and switch jobs or those who get laid off without advance notice.




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    Alabaman
    01-19 08:57 PM
    Nothing is going to get done in Congress anymore.



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