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  • CHHAYA
    03-18 01:05 PM
    I recently started an LLC here. I looked into several options and learned that LLC is the best way to go if you are a foreign national. I'm working on my H1B and do hold a valid EAD.
    Anyone can incorporate an LLC regardless of your immigration status. As an LLC member, you are liable to file for you own tax returns on the profits and any salary drawn from the company. However, the members can choose to file taxes as a corporation as well. The most important part in incorporating a business is to form an Operating Agreement and getting square with IRS by getting the employer Identification number(EIN) so that you can file taxes. None of the banks will let you open a business account with them if you do not have an EIN which is also called as Federal Tax ID number.
    You can find a lot of information on the web on this subject. I can shoot you the online service I used in a private message if you are interested. BTW, we formed the LLC in DE and operating from NJ.


    Hi! Gotfreedom,

    I am working part time with my sponsoring employer and also working fulltime on EAD with other firm. Me and my husband who is on EAD want to open small firm in parternership. How can we register and what corporation is best. Also I want to register in DE and operate from MD. You can give me more info in private message.





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  • cal_dood
    12-18 04:26 PM
    As the cruises stop for less than 24 hrs, you may not need a mexico visa. I'm not applying for one...worst case probably is I cannot disembark in cozumel.



    I called Carnival, the CSR mentioned that I only need a passport and a US visa. However, their website says check with the country's embassy for immigration documents. I guess I will err on the side of caution and get Mexican tourist visa.





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  • EndlessWait
    01-10 04:45 PM
    So, this would mean anyone stuck in name check should never receive FP--correct? I don't think that's the case...i know of a lot of people who get FP notices every 15 (or is it 18?) months or so and are stuck in name checks forever.

    The two processes Name check & FP are parallel, not sequential.

    I have myself not rcvd FP - July 2nd filer NSC-CSC-NSC transfer victim :-). My way of looking at things is that CSC transferred I-485 to NSC in late September. So my I-485 is queued after an August 17th filer. August 17th filers have rcvd their FPs recently (Bay Area, CA), so it should not be that far away. (BTW, I am not dying to get FP done, i just want to shorten my stay-alert-for-FP window and get it over with it)

    USCIS works in strange ways...i may be using logic that's beyond their IQ :)

    Take it easy...

    just exactly what ur case status says ...mine hasn't changed ever since it transferred to nebraska..it still says "the case has been transferred to NSC becoz they've jurisdiction over it etc. etc '

    thanks





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  • pappu
    07-09 09:07 AM
    I am starting this thread to see if IV can help CP (consular processing) filers (who are already in the US) who are the worst affected due to retrogression.

    Issues:

    1. CP filers do not have any interim benefits like EAD, AP, AC21 provision.
    2. CP filers lose their GC application if the employer closes down business and they have to start all over from scratch (after finding a sponsor).
    3. CP filers are the ones actually stuck with the same employer due to not having EAD.
    4. Most CP filers would not have got the income tax rebate ($600 per individual and $300 per child) if they had filed return jointly with their spouse and if the spouse was not working. This is just insane.

    As we are losing sight of, the only rescue for CP filers, recapturing bill - the only other option will be to enable CP filers to file for 485 even if their PD is not current. I am assuming this does not need a change to the legislation and can be done by DOS/USCIS. I may be wrong. Otherwise, CP filers especially EB3 India with PD 2002/2003 have high risks if they have to lose their current GC application, which I think is quite unfair.

    I know, even IV hardly cares for CP filers as there is not even a provision to enter CP details in the tracker, however, just wanted to try our luck.

    If IV thinks this is too much for the asking, feel free to delete this thread.

    If anyone can't resist the urge to ask us, why the heck did you file for CP, well, nobody would have anticipated this plight and above all CP is not illegal!

    It is untrue that IV does not care for CP filers.
    One should not blame IV for not taking up a cause. IV is everyone. Core team is simply assisting the community in the general management of the organization. It is the community that powers all efforts.

    We have had mostly AOS members till now and thus the focus has been on AOS. If you wanted CP in the tracker, let us know and we will add it.It is a minor issue. We haven't had anyone telling us till now or even telling us the bugs in the tracker so that we can improve it.

    If you feel strongly that this is a genuine problem for CP filers, and everyone stuck in it can present compelling case for it, please feel free to lead the effort. IV will help you with guidance. Recently several members stuck in Perm audit delays approached IV and they took the initiative to start a campaign. I think this is how IV should evolve for future so that people can help themselves using this platform. IV is willing to help anyone stuck in the EB immigration system. Could you find more people like yourself stuck in CP filing in one place on this forum and discuss amongst yourself various ideas and strategies to find a solution to the problem. IV core will be available for guidance and advice.



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  • bkn96
    02-18 02:09 PM
    oh yeah! it is legal i know that... however, i consulted lawyers on this and they were of the opinion that it is best to have a straight case where you are working for a large us corp. essentially, uscis can question if the company has enough work to sustain employing a person on a "permanent basis". that "permanent basis" appears to be one of the criteria for approval of labor/perm, I140 etc... thats why my query to you. it seems ability to pay can also be a question, however, that is not supposed to be brought up during adjudication of 485... so you are safe there...

    so, this is real cool... thanks for sharing your info...

    My I140 is applied by another company and 140 already approved. So i think ability to pay question only comes during 140. So after I140 approved i think it is safe to go in this route.





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  • bazuka6
    10-20 09:14 PM
    I seriously think IV should take specific instances of past delays due to FBI checks and USCIS delays and highlight these.. A letter campaign supporting Mayorkas should be sent to senatiors.

    Letter must specifically highlight how Grassley's allegations are unfounded (based on his history) and how Mayorkas has increased transparency within USCIS and helped legitimate aliens get their immigration benefits in a timely fashion instead of perpetuating bureaucratic delays



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  • svr_76
    06-16 08:07 PM
    Start off your infopass with the following question.

    I am really desperate....would you help me, pretty please? ........

    And then proceed with the other questions you have on your list.

    After you are done with all your questions and assuming USCIS hasn't kicked you out of their office, make it clear that you want USCIS to look at your application before others ahead of you in the queue. If they don't, "you will be back" for another infopass.

    But am looking for relevant information rather than experiences.





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  • rick_rajvanshi
    04-22 12:19 PM
    There is a high possibility that more RFEs are being issued as there is a lot of background processing going on. Th economy is down and there might be instructions from top to review cases closely.

    A denial can happen when RFEs are not responded in time.

    From what I have been seeing on forum - all RFEs that people got for i 485 are not something difficult to answer.

    If you look at RFEs for h1bs - some are very complicated and these days Attorneys are charging around 3K for responding to RFE with no guarantee



    I think it is quite normal that we are getting barrage of RFEs from USCIS. This perhaps is not due to recession or economy at all. It is also not unusual in my opinion. You are simply forgetting the fact that during July-Aug 2007 , so many of us filed 485s together. So its quite natural that when these cases are being processed, we are getting RFEs to re-check for authentications and cases are being pre-adjudicated and approvals are pending for lack of visa numbers. Nothing unusual. En mass filing is resulting in En mass RFEs.



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  • GCMan007
    03-12 09:30 PM
    Did you get second finger print notice before approval? When did you go for first fingerprint notice?

    I did not get a second finger printing notice (yet?). The 485 approval notice said that a biometric appt may be sent or the card will arrive. Just keeping my fingers crossed.

    My first FP was done in Dec 2007





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  • wc_user
    07-30 07:56 PM
    All,

    Any idea on how far the EB3-India PD will go between Oct 2009 and Sept 2010 ?



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  • saurav_4096
    10-02 03:08 PM
    the RFE was on Ability to Pay

    If the company is making profit and they are paying salary as specified in LC. I think you be good after appealing.





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  • hsm2007
    09-21 07:41 AM
    Yes this is my 1st RFE. My PD has been current since september. She applied with me in back in 2007.



    I am sorry i cannot answer ur question because i m not an expert in this broken immigration process but i have a question.

    Can you tell if this is ur 1st RFE on I485 or did u receive any prior RFE's also?
    Did ur wife also applied for the I485 with you or u applied alone?

    thanks



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  • Administrator2
    09-15 05:21 PM
    Last time CIR had sweet deal for Illegals ..
    Pay $100 and get Z visa ( Work Permit ) .. --> GC --> Citizenship ---> Vote for ?? ..

    For Legals ...go back and restart in new queue .. We dont want to skilled people be free of our companies. We expect you to be enslaved ..We are leader of Free world.

    What happened in 2007 is now history. That is not likely to repeat in the upcoming CIR. At this time CIR is the only way to get things moving. Unless CIR is defeated or unless administration says that they do not want a CIR bill, piece meal approach is not likely to happen. Given the situation, asking for a separate bills is setting ourselves for failure, and it alienates us and our issues from the pro-immigration community. At this time, if you call/meet with lawmakers asking for EB only bill, the pro-immigration lawmakers get turned off and anti-immigrant lawmakers use the count of your call to oppose the immigration reform. At this time its a bad idea by calling lawmakers asking for "EB only bill". It will only turn out to hurt our issues and the cause. Additionally, it doesn't help to call specific lawmakers who already understand, agree, support and champion our issues.

    IV do not have a any position on on the issue of illegals/undocumented. And whatever is your personal belief, please understand the reality of the situation and refrain from attacking illegals on IV forums as it doesn't help our cause in anyways.





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  • pragir
    12-12 04:10 PM
    There are literally no unapproved cases for EB2 India in before Jan 2000. There are a number of them in 2000/01/02. So, I think moving the date back to Jan 2000 is a way for DOS to pretty much shut off the spigot before they start opening it up slowly again.

    I think that for the rest of the year, they will advance the PD for EB2-India month by month so they dont have a glut of demand for visa numbers.



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  • sanjeev_2004
    10-04 02:10 PM
    Saeed,
    I 140 can processed through premioum process from last week.
    Can you tell what was state of filing you labor. My company filed from IL in july 2004 in EB2-RIR case. My Labor is still in process.45 days latter got in March.

    sanjeev





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  • waitforgc1
    05-07 03:34 PM
    They are not random. The do have some logic.

    At every center cases are filed in order they are received (at least that is what they claim). "Received" does not mean in order of RD you see on your receipt. It is when physically a center accepted your paper case, and decided to enter in the system. PD plays role only for casesfrom retrogressed countries (EB and FB, both). For majority of cases, it has no relevance. PD of cases is nowhere maintained in the system (at least until a case is looked at the first time, which is sometime referred to as "preadjudication"), except on your paper filing. When your file turns out to be next in que for adjudication, in order or receive date (as defined above), the IO has no idea about your PD. Physical file is processed and checked for docs (birth certificates, photos, etc. etc.), AND the PD. At this time you might see a LUD. If nothing further progresses (due to PD not being current) LUD remains a soft LUD, and your case is put aside. If by luck your file was seen when your PD was current, you get lucky and get a GC (and several hard LUDs). PD sequence and received date sequence have no relationship, that's why the whole process seems random.

    THanks for the information. Now its little encouraging. could you clear one of my other questions.. whats the difference between LUD and soft LUD. I logged in the USCIS website
    and i see the date changed at the LUD to 04/28/2009. What is that is that a soft lud or LUD

    Thanks



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  • surge
    02-18 05:18 PM
    Hi Surge
    You should then consult a lawyer.

    i did. different lawyers said different thing so i do not know who is right and who is wrong.

    should i make an infopass appointment and idscusss it with them?





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  • a1b2c3
    12-19 08:41 AM
    If we were not present there would not be jobs for the current american colleagues of ours.

    If Andy Grove was not allowed to immigrate, there would be no Intel in the USA.

    If Sergey Brin was not allowed to immigrate, there would be no Google in the USA.

    If Charles Simonyi and others was not allowed to immigrate, there would be no Xerox Star, no Mac and no Windows in the USA.

    If .. <Add other names here>> there would be no Silicon Valley.

    I and other outsiders have created countless jobs and maintained America's technological superiority.

    ... So I respectfully disagree with your statement about us displacing jobs :)

    - JK

    ok. convince yourself then, that you are all of the above names you just rattled off.





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  • jambapamba
    07-05 12:53 PM
    I think so too. They were sh*t scared on the number of apps they were going to receive. And just when they were increasing fees and wanting to show how their performance was going to improve, it became current. It would have been a bad rap for them and fee increase would not have been justifiable.

    It is mostly be cause they wanted to teach a lesson to DOS for opening the floodgates. Also, backlogs are one key performance indicator for USCIS and is reported to congress. If 100k, plus people apply right away and another 300k in next couple of months, it would look bad on their records.





    pratikgr
    08-08 07:49 PM
    My H1 has been denied on Master's quota as I filed for H1 in April and I graduated in May. The reason for denial is that "on notice day, I was not graduate'.

    My EAD will be expiring in May 2008 and even If I apply for New H1 in next April, I can not start working till October 2008.

    In this bad situation, what are the option I have not to leave the country. Please advise as soon as possible





    gjoe
    11-09 07:07 PM
    Lawyers are suckers. There are like leeches ( always there are exceptions though)



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