GoneSouth
06-01 06:35 PM
Hmm so I was quite worried about good old Section 502(d)(2) at first, but after re reading carefully, this may not be terrible. I (and others?) might have pressed the panic button a little too quickly.
As I read it now (and I am NOT a lawyer), any I-140 petition adjudicated after the effective date of this legislation (Oct 2008 seems to be the popular opinion) will be rejected if the I-140 petition has a filing date after May 15th 2007. If this *only* applies to adjudication of I-140s and NOT to I-485s, this means that you would have to have filed your I-140 after May 15th and have it still pending by Oct 2008 .... 14 months for folks filing in the near future. This is quite unlikely, as it takes only a month or so for premium processing, and around 6 months for non-premium.
Folks might get into trouble if they have a labor certification stuck in the BEC and it doesn't get approved for another 12 months or so...
Comments ?
- GS
(of course, this is all speculation, I realize there's a long way to go before this becomes law).
As I read it now (and I am NOT a lawyer), any I-140 petition adjudicated after the effective date of this legislation (Oct 2008 seems to be the popular opinion) will be rejected if the I-140 petition has a filing date after May 15th 2007. If this *only* applies to adjudication of I-140s and NOT to I-485s, this means that you would have to have filed your I-140 after May 15th and have it still pending by Oct 2008 .... 14 months for folks filing in the near future. This is quite unlikely, as it takes only a month or so for premium processing, and around 6 months for non-premium.
Folks might get into trouble if they have a labor certification stuck in the BEC and it doesn't get approved for another 12 months or so...
Comments ?
- GS
(of course, this is all speculation, I realize there's a long way to go before this becomes law).
amits
07-19 12:59 PM
Thanks, kvsagar123!!
We need more supporters and contributers like you!!
I am silent reader on this site from last one month. It is great to know lot of people are working hard behing the scenes and really appreciate what IV has done regarding bulletin fiasco.
I will make couple of friends to join IV and contribute.
July 19th : signed up for 50$ recurring contribution
We need more supporters and contributers like you!!
I am silent reader on this site from last one month. It is great to know lot of people are working hard behing the scenes and really appreciate what IV has done regarding bulletin fiasco.
I will make couple of friends to join IV and contribute.
July 19th : signed up for 50$ recurring contribution
javaconsultant
10-11 04:33 PM
vparam...
Thanks for your detailed anwers.
have you opened your own LLC currently while on EAD?
For all those who have sent PM.... Please note I am not an attorney or accountant... But then I had consulted my account and few attorney's ( paid the required fees to get them answered)... So please use your own judgement/caution.
1. Yes you can open a LLC singly or jointly with your wife/friend/anyone.
2. You can start the LLC even when you are on H1B but it is better that you wait till you get your EAD to get oprationalized. reason very very conservative view is that you cannot even write a check for your company or deposit a check... but this is a very conservative view....
3. To open a LLC you can use an accountant ( if you have one, it will be cheaper by a couple of hundred dollars) or use agencies like www.legalzoom.com/legalzip/LLCs/llc_procedure.html .... I have used both in the past....
4. Intially you can just form LLC as single or joint partnership and then elect as S corporations for taxing.... I forget within which period it is to be done, if I correctly remember when you file your first tax return or within 6 months you need to elect as filing as single person entity( then it becomes like your personal income) or you could elect as S corp....
5. You will a tax id for the LLC, business license and other documents when you form a LLC, You will need to maintain book and tax records for 3 years... best to have it managed by an accountant
6. You/ your spouse can work for your LLC.... Some of you if you want to after 180 days change employers can move into your LLC and maintain that you are employed in same occupational duties for your own LLC...
Hope I have been able to answer your questions....:cool:
Thanks for your detailed anwers.
have you opened your own LLC currently while on EAD?
For all those who have sent PM.... Please note I am not an attorney or accountant... But then I had consulted my account and few attorney's ( paid the required fees to get them answered)... So please use your own judgement/caution.
1. Yes you can open a LLC singly or jointly with your wife/friend/anyone.
2. You can start the LLC even when you are on H1B but it is better that you wait till you get your EAD to get oprationalized. reason very very conservative view is that you cannot even write a check for your company or deposit a check... but this is a very conservative view....
3. To open a LLC you can use an accountant ( if you have one, it will be cheaper by a couple of hundred dollars) or use agencies like www.legalzoom.com/legalzip/LLCs/llc_procedure.html .... I have used both in the past....
4. Intially you can just form LLC as single or joint partnership and then elect as S corporations for taxing.... I forget within which period it is to be done, if I correctly remember when you file your first tax return or within 6 months you need to elect as filing as single person entity( then it becomes like your personal income) or you could elect as S corp....
5. You will a tax id for the LLC, business license and other documents when you form a LLC, You will need to maintain book and tax records for 3 years... best to have it managed by an accountant
6. You/ your spouse can work for your LLC.... Some of you if you want to after 180 days change employers can move into your LLC and maintain that you are employed in same occupational duties for your own LLC...
Hope I have been able to answer your questions....:cool:
ramus
07-06 12:58 PM
I think I am missing something.. Can anybody explain what they did today.. I am still trying to find out difference .
Thanks.
What the USCIS has done today is what they call "Locking the stables AFTER the horse has bolted" ;)
What a bunch of idiots, i swear this is WORSE than ANY of our home countries. Like I told my friend yesterday, atleast if the USCIS call center was based in India, the answers would have been consistent. They may have all been Wrong, but atleast they would be consistent.
Thanks.
What the USCIS has done today is what they call "Locking the stables AFTER the horse has bolted" ;)
What a bunch of idiots, i swear this is WORSE than ANY of our home countries. Like I told my friend yesterday, atleast if the USCIS call center was based in India, the answers would have been consistent. They may have all been Wrong, but atleast they would be consistent.
more...
ashkam
05-02 10:07 AM
Why is there so much discussion surrounding this stimulus package, I thought all of were highly skilled, high educated clique who made the big $$.
I have seen numerous occasions where people boast of large pay packets, bill rates, and now this is a measly $1,200, an amount that could be made with working 2 days is generating such a huge discussion. This does not add up???
Not everybody on this forum earns 144,000 a year. What world are you living in my friend? Do you not get out that often?
I have seen numerous occasions where people boast of large pay packets, bill rates, and now this is a measly $1,200, an amount that could be made with working 2 days is generating such a huge discussion. This does not add up???
Not everybody on this forum earns 144,000 a year. What world are you living in my friend? Do you not get out that often?
knnmbd
04-26 08:02 AM
Dear Knnmbd,
It seems to me you do not understand the difference between taxes and Social Security / Medicare.
With my taxes I pay for (example) roads, police, courts, public TV and so on. And I use what I pay for (another nice example is when the police paid by me catches me with high speed and fines me :-)
SS and Medicare are future services which I would not use while I am on H1/L1 or if I do not get permanent residence by some reason. This is my money which the US government has compulsory taken from me and I have not used it. So, I have the right to get this money back and use it for my eventual retirement in another country.
We do not change the law of the land to benefit us, we just do not want to be cheated and treated like retarded.
The real ridiculous stuff is the way the government agencies are treating the legal immigrants but nobody in the "great" country care to notice that, especially the law-makers.
bkam,
I PRECISLY UNDERSTAND THE DIFFERENCE BETWEEN SS, MEDICARE VERSUS TAXES.I was just mocking at the ridiculousness of your demands. Hey, if you think that the government agencies are treating legal immigrants badly and we are being "cheated and treated like retards", may be all of us should move to a country where the laws are more flexible, aah� like India. How often have you been on a forum in your home country lobbying for injustices being rendered to citizens, none probably. Just because we are in a country where there is a small chance for a group of people like ourselves in the IV have the privilege to have our voices heard does not mean we ask for the sun. Do you think in a economy like this with high gas prices, the war, and not to mention the ailing social security system and everything else asking the government to stop taking SS tax and Medicare from non- immigrant workers is going to fly, I DON�T THINK SO. And not only that we will end up looking like a bunch of guys with outrageous demands.
So all I am saying is the issue is not SS or Medicare or entry date being the PD, but it is MORE IMMIGRANT VISA NUMBERS. I think we have lost our focus after the bill was shot down in the senate. We have just ONE demand if I am not mistaken, and I think the core team will agree with me on this and that is to ease retrogression by having more visa numbers in the pool for countries like India and China and that should be our only demand.
It seems to me you do not understand the difference between taxes and Social Security / Medicare.
With my taxes I pay for (example) roads, police, courts, public TV and so on. And I use what I pay for (another nice example is when the police paid by me catches me with high speed and fines me :-)
SS and Medicare are future services which I would not use while I am on H1/L1 or if I do not get permanent residence by some reason. This is my money which the US government has compulsory taken from me and I have not used it. So, I have the right to get this money back and use it for my eventual retirement in another country.
We do not change the law of the land to benefit us, we just do not want to be cheated and treated like retarded.
The real ridiculous stuff is the way the government agencies are treating the legal immigrants but nobody in the "great" country care to notice that, especially the law-makers.
bkam,
I PRECISLY UNDERSTAND THE DIFFERENCE BETWEEN SS, MEDICARE VERSUS TAXES.I was just mocking at the ridiculousness of your demands. Hey, if you think that the government agencies are treating legal immigrants badly and we are being "cheated and treated like retards", may be all of us should move to a country where the laws are more flexible, aah� like India. How often have you been on a forum in your home country lobbying for injustices being rendered to citizens, none probably. Just because we are in a country where there is a small chance for a group of people like ourselves in the IV have the privilege to have our voices heard does not mean we ask for the sun. Do you think in a economy like this with high gas prices, the war, and not to mention the ailing social security system and everything else asking the government to stop taking SS tax and Medicare from non- immigrant workers is going to fly, I DON�T THINK SO. And not only that we will end up looking like a bunch of guys with outrageous demands.
So all I am saying is the issue is not SS or Medicare or entry date being the PD, but it is MORE IMMIGRANT VISA NUMBERS. I think we have lost our focus after the bill was shot down in the senate. We have just ONE demand if I am not mistaken, and I think the core team will agree with me on this and that is to ease retrogression by having more visa numbers in the pool for countries like India and China and that should be our only demand.
more...
jung.lee
04-04 06:55 PM
What is the difference between LLC and C Corp.
which is better to open out of the two if we are in EAD.
The easiest to read, most succinct source I have found is through Quicken:
PDF:
http://www.mycorporation.com/pdfs/MyCorporation_Comparison_Chart.pdf
or
HTML:
http://www.mycorporation.com/comparison.html
Basically for small set ups (for example you and/or your spouse) you probably want to stick to LLC or S-Corp. S-corp has huge tax advantage in the sense that you can take a small W-2 salary from the firm (to minimize your payroll witholding taxes for social security and medicare) and take a large "partnership income" reported on a K-1, which is taxed at ordinary income tax rate, and is not subject to payroll withholding taxes for social security and medicare. If you think about it, by not taking the income fully on W-2, you will be saving around 15% in withholding taxes.
which is better to open out of the two if we are in EAD.
The easiest to read, most succinct source I have found is through Quicken:
PDF:
http://www.mycorporation.com/pdfs/MyCorporation_Comparison_Chart.pdf
or
HTML:
http://www.mycorporation.com/comparison.html
Basically for small set ups (for example you and/or your spouse) you probably want to stick to LLC or S-Corp. S-corp has huge tax advantage in the sense that you can take a small W-2 salary from the firm (to minimize your payroll witholding taxes for social security and medicare) and take a large "partnership income" reported on a K-1, which is taxed at ordinary income tax rate, and is not subject to payroll withholding taxes for social security and medicare. If you think about it, by not taking the income fully on W-2, you will be saving around 15% in withholding taxes.
lazycis
11-20 05:59 PM
I can understand attorney's thinking: H1B is good to have. If there is no reason for its revocation (i.e applicant is still working for H1 sponsor), then there is some level of protection for you. Another aspect is a legal status. While EAD gives you an opportunity to continue work legally if I-485 is denied, it does not protect your legal status (accumulate more than 180 days of unlawful presence and you lose eligibility to adjust status and are a subject to re-entry ban). Having H1B gives you a protection in this case. But if H1B is revoked, I-485 is denied and a person does not have EAD, then there is no escape. It's nice to have both, but maintaining EAD should be the priority.
more...
RN_Usa
08-02 10:27 AM
guys,
any updates on the bridge bill for schedule A Nurses.
Heard that it is proposed and not passed till today. Any future predictions. The healthcare shortage is critical.
any updates on the bridge bill for schedule A Nurses.
Heard that it is proposed and not passed till today. Any future predictions. The healthcare shortage is critical.
gccube
07-19 03:29 PM
You forgot that there were another 150,000 applications in this example with RD prior to PersonB and it is very likely that many of them could have the PD of April, 2003. Therefore, PersonB will still not get it even though he/she has an older Priority date!!
I think that after this stampede of application filings in June/July/August, USCIS needs to sort them by PD first otherwise people with older priority dates will suffer simply due to the volume of applications filed!!
If a person with PD 2003 May applies for AOS only in Oct 2007. If the above said statement is true then when are they going to work on this new application they got. If they are not going to work on it until the RD becomes current why are they even accepting the case.
I think that after this stampede of application filings in June/July/August, USCIS needs to sort them by PD first otherwise people with older priority dates will suffer simply due to the volume of applications filed!!
If a person with PD 2003 May applies for AOS only in Oct 2007. If the above said statement is true then when are they going to work on this new application they got. If they are not going to work on it until the RD becomes current why are they even accepting the case.
more...
pappu
09-09 11:20 PM
Just made an online contribution through my banks bill pay for $150.00. My handle should be part of the memo.
On a more important note:
WHY is the "Contact us" link SO hard to find?? I was required to put in the IV phone number and it took me more than 10 mins to find it. I highly suggest that the administrators put the contact link on the homepage itself.
Thanks for the contribution.
Contact us link is on every page at the top.
On a more important note:
WHY is the "Contact us" link SO hard to find?? I was required to put in the IV phone number and it took me more than 10 mins to find it. I highly suggest that the administrators put the contact link on the homepage itself.
Thanks for the contribution.
Contact us link is on every page at the top.
GCard_Dream
07-19 02:50 PM
Confirmation Number: 1RS188876V717273E
Made another $100 contribution today. I hope that all members now realize that IV is doing a great job of addressing our issues and finally coming up with some results. This is just the beginning and the member contribution will determine how much more IV can accomplish. If we all don't join forces and contribute one way or the other, 8 or 10 core members alone can't do much.
Membership and their contribution is the real strength of core team and if either one of those dries up, IV will no longer exist and all EB folks will once again become the step child of immigration process and no one will care about us. We have a voice now through IV, people know that we exist and realize the legal immigration process is badly broken and needs repair. Government and politicians have taken notice and agree that there is a problem with legal immigration. This is very significant. If we would like to continue this fight, contribution is a must.
For those who are still hesitating to contribute, there is always that F5 (refresh) key which you can keep pressing and hope that some how pressing that F5 key enough times will result in some relief. You folks have more faith on that F5 key than IV and I wish you good luck with your green card process. Once you do get your green card, please let us know how many times did you have to press that key to get a green card. That will set the bar for the future generation of EB applicants.
Made another $100 contribution today. I hope that all members now realize that IV is doing a great job of addressing our issues and finally coming up with some results. This is just the beginning and the member contribution will determine how much more IV can accomplish. If we all don't join forces and contribute one way or the other, 8 or 10 core members alone can't do much.
Membership and their contribution is the real strength of core team and if either one of those dries up, IV will no longer exist and all EB folks will once again become the step child of immigration process and no one will care about us. We have a voice now through IV, people know that we exist and realize the legal immigration process is badly broken and needs repair. Government and politicians have taken notice and agree that there is a problem with legal immigration. This is very significant. If we would like to continue this fight, contribution is a must.
For those who are still hesitating to contribute, there is always that F5 (refresh) key which you can keep pressing and hope that some how pressing that F5 key enough times will result in some relief. You folks have more faith on that F5 key than IV and I wish you good luck with your green card process. Once you do get your green card, please let us know how many times did you have to press that key to get a green card. That will set the bar for the future generation of EB applicants.
more...
I_need_GC
03-25 02:27 PM
I am in a bind now, appreciate any advice,
I am planning on using my EAD to switch to another job in a couple of months. Meanwhile I have booked tickets for May 26th to send my son to India for the summer. He has H4 stamped in his passport valid till 2010.
My question is
**Can my son come back on H4 even though I use my EAD to change jobs ?
**Does he need to have advance parole ? Even if I apply for AP tomorrow, chances are very slim that he will get it before he leaves on May 26th.
Thanks in Advance
If you switch Jobs, and you don't have your H1B transfered to the new employer this means your H1B is not valid. No your son can not entry the country on H4 he must use AP. But if you continue to work full time on H1B and work part time on EAD with another employer then he can come on H4.
I am planning on using my EAD to switch to another job in a couple of months. Meanwhile I have booked tickets for May 26th to send my son to India for the summer. He has H4 stamped in his passport valid till 2010.
My question is
**Can my son come back on H4 even though I use my EAD to change jobs ?
**Does he need to have advance parole ? Even if I apply for AP tomorrow, chances are very slim that he will get it before he leaves on May 26th.
Thanks in Advance
If you switch Jobs, and you don't have your H1B transfered to the new employer this means your H1B is not valid. No your son can not entry the country on H4 he must use AP. But if you continue to work full time on H1B and work part time on EAD with another employer then he can come on H4.
snathan
02-14 02:19 PM
Yeah so lets check your willingness and responsibility 6-7 years in your marriage.
Check yourself where you stand ,what you are doing and what crap you are talking. Don’t try to corrupt others with your worthless advice. I am stopping here and don’t want to waste my time with a bigot.
Check yourself where you stand ,what you are doing and what crap you are talking. Don’t try to corrupt others with your worthless advice. I am stopping here and don’t want to waste my time with a bigot.
more...
hopefulgc
09-11 05:06 PM
I honestly think EB3 should be around beginning of 2004 or later
and eb2 possibly mid 2005 or later.
All the calculations point to that.
visa bulletins suck donkey ass.
totally meaningless without USCIS divulging backlog stats.
I m in ...They really dont know what they are doing ...How hard is it to find pending applications in thier database ?
Move to 2006 and approve 2006 cases and move it back to 2003 ...wow they really need help
and eb2 possibly mid 2005 or later.
All the calculations point to that.
visa bulletins suck donkey ass.
totally meaningless without USCIS divulging backlog stats.
I m in ...They really dont know what they are doing ...How hard is it to find pending applications in thier database ?
Move to 2006 and approve 2006 cases and move it back to 2003 ...wow they really need help
Libra
09-10 08:36 PM
thank you 1 for contribution.
more...
chanduv23
09-12 01:44 PM
At least I won't give u red dots if you can enlighten us how to get us out of this mess. And yes, we do want our green card so I don't think we can stop the process or stop spending money on that. Also please advise us how to bring all 70K people under one umbrella?
Sanjeev - I personally feel there is no easy solution for this. Our efforts must be well organized and there has to be geniune effort. A lot of people who post here are all frustrated and angered and they channelize their anger and frustration through these forums whereas instead if it is channelized in a positive way - our campaigns will be more effective and we can reach our goals.
Sanjeev - I personally feel there is no easy solution for this. Our efforts must be well organized and there has to be geniune effort. A lot of people who post here are all frustrated and angered and they channelize their anger and frustration through these forums whereas instead if it is channelized in a positive way - our campaigns will be more effective and we can reach our goals.
reddymjm
03-12 02:35 PM
I do not support this donor ONLY idea.
Also, Day 1, the FOIA initiative had a goal of $5K.
And without reason, the goal was increased to $10K.
So, pappu should not complain of not reaching the goal when he keeps increasing the goal.
stay consistent.
Its just not pappu.
We all felt like increasing the goal becasue out the 100 or so FOIA responses we got atleat we should be able to respond to couple of them. FOIA is not the only one needing money.
Also, Day 1, the FOIA initiative had a goal of $5K.
And without reason, the goal was increased to $10K.
So, pappu should not complain of not reaching the goal when he keeps increasing the goal.
stay consistent.
Its just not pappu.
We all felt like increasing the goal becasue out the 100 or so FOIA responses we got atleat we should be able to respond to couple of them. FOIA is not the only one needing money.
ak_2006
06-10 02:13 PM
Can you post the link of the official announcement, thanks in advance
http://www.dhs.gov/xnews/releases/pr_1213101513448.shtm
http://www.dhs.gov/xnews/releases/pr_1213101513448.shtm
h1techSlave
10-01 01:42 PM
IV is looking in the right direction in the long term.
IV, sure is looking at a long term solution. I did not criticize that strategy. IV should continue to work for a permanent fix.
Currently for IV, this long term fix is the #1 priority. I was suggesting that IV should make the long term fix a #2 priority. And make #1 priority as improving efficiency at USCIS.
IV, sure is looking at a long term solution. I did not criticize that strategy. IV should continue to work for a permanent fix.
Currently for IV, this long term fix is the #1 priority. I was suggesting that IV should make the long term fix a #2 priority. And make #1 priority as improving efficiency at USCIS.
chanduv23
05-20 01:21 PM
Thanks a lot for all the members who have shared their knowledge and insight into this issue.
Also, my special thanks to chanduv23 with whom I have been in touch through out the process with congressional office.
ind_game is now fully charged up to do something about these issues and has expressed his support to help fixing this issue.
Also, my special thanks to chanduv23 with whom I have been in touch through out the process with congressional office.
ind_game is now fully charged up to do something about these issues and has expressed his support to help fixing this issue.
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