Monday, June 13, 2011

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  • k_sing
    09-20 12:17 PM
    Responding to latest response:

    "Member" does not mean an employee.
    As a member I would have access to their proprietary software to do trades ( just like having an account with any other broker)
    A member however has no voting rights etc. ( it's a private LLC/trust)

    At the end of the year, instead of a 1099 tax form, the trust would provide a share of profits generated by "my stock trades" and it is instead done on K1 tax form, which is treated as income.

    About the internet biz:
    I would be the only one "owning" / running the biz.. as I own the domain ( it's not a LLC ).

    Can I receive income checks in my name ?


    thanks!




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  • Ann Ruben
    06-26 09:48 AM
    the answer you got is correct. you can sign as the child's father. I agree that the law is inhumane, but sadly it is the law. The baby's young age alone will not suffice as a basis for Humanitarian Parole. Again, I urge you to consult with an experienced lawyer before proceeding.




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  • virald
    08-14 12:13 PM
    My lawyer sent my I-485 to Vermont instead of Nebraska. I don't know what to do now. I am in lot of stress.

    Can I send another application before Aug 17th. I have not got rejection on first one. Will this confuse USCIS?

    Gurus, please advice

    (BTW I have an approved I-140.)

    Q6: What happens if an application is filed at the wrong Service Center?
    A6. Forms I-485 should be filed at either the Texas or Nebraska Service Centers. However, through August 17, 2007 only, employment-based adjustment applications filed at the California and Vermont Service Centers will not be rejected and will be relocated to the appropriate Service Center. Filing at the wrong location could result in processing delays.


    From http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf

    You should be okay




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  • grupak
    08-15 01:50 PM
    Couldn't resist opening a new thread and sharing this with fellow IVians.

    We got our green cards today. It is actually green (in the back).


    Another announcement is that I recently relocated to northern Mississippi. Would like to join up with other state chapter members. I am willing to coordinate with the group in Memphis TN.


    Thanks IV. I and my spouse benefited a lot from the July 2007VB and the work IV did concerning it. So, I will do more than just stick around but continue to be active as usual. The system is still broken and we will have to work to fix it.



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  • gparr
    April 16th, 2004, 03:01 PM
    I like the first one best.
    Gary




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  • meher
    12-26 12:19 AM
    Thank You all for your support by answering my queries. Will keep you posting the progress. Hope things will work out fine.

    Sure, would contribute to IV, you are doing great service.



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  • mbartosik
    09-12 07:34 PM
    If you are on bench, not getting paid, your employer normally asks you to send him a letter stating that you are on vacation. This needs to be done every month. For the period you are on vacation, there may not be any pay stubs. Once you get any project, you will send your employer another letter saying that you are back and ready to work for them.

    With this approach, you WILL NOT get any trouble from USCIS or anyone. If any RFP comes, then, employer will show these documents and clear the issues. I did this in the past and all my friends who were in different stages (like Labor filed, I-140 filed, 485 filed) also did and had no problems.

    But as always it is advised that to talk to the lawyer who is working on your case is best suited to answer as that person is to submit the paper work.

    If you are "on the bench" the employer is obligated to pay you.
    If you state that you are on vacation when in fact your are "on bench", and later misrepresent being on the bench as vacation to USCIS you and your employer either committing fraud or conspiring to commit fraud.

    The employer must allow for "on the bench" time in the salary quoted in the LCA that accompanies the I-129 for H1B. If "on the bench" time is not allowed for it probably invalidates the prevailing wage comparison.

    If your employer does not allow for 'on the bench' time in the wage rates quoted, then there is a reasonable argument that you are not meeting prevailing wage, and are infact undercutting US wages (and then some of what Lou Dobbs says is right).

    If you are a consultant you could drop the quoted salary on LCA (but must remain above prevailing wage) to allow for risk of "on the bench" or any other circumstances. That way there is money to cover any gap. However, that requires more trust in the middle man - employer.

    I'm not sure if I've read it right, but it looks to me like you have made a public confession here.

    Of course the period between projects is an ideal time for vacation, as there is no project schedule to deal with. So whether the law is being broken I guess depends on what the motivation is for the vacation, something that is hard to prove. If the employer says you are going to tell him that you are on vacation until he finds more work then that sounds illegal. If on the other hand if you say, "how about I take this opportunity for some vacation?", it is okay.

    One would hope that USCIS expercise common sense. However, common sense could mean being suspicious of gaps because the system is clearly open to abuse.




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  • kisana
    04-10 12:44 PM
    Please provide your input.



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  • Mayday
    04-05 11:00 AM
    If I leave US now, will I be banned 3 years to enter, even though my H1-B and I-94 now have all valid dates?

    I doubt they will find out your were out of status at border - as they must only check current I-94 and they have troubles finding all your I-94s or even any I-94s you have if you do not have them with you. So I am pretty sure they will only check the latest one you have in your hand (though I am not border patrol officer but I have gone through the procedure of looking-up my status at border control checkpoint inside USA).

    But green card application process requires to look through all your history and this is when it will be brought up. You need a better attorney on this question then your current attorney is. I guess it would be a good idea to exclude this period somehow from green card application by applying later or a good lawyer might be able to appeal to some regulations that could resolve it as it was not entirely your fault, since I-94 does not have to match passport validity dates and so it was border patrol officer mistake at first.




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  • visafreedom
    07-03 11:15 AM
    Well, here are the thoughts.

    American Govt only listens when it sees an economic impact. Get thousands of such workers to not work a day, I am sure it would mean a huge economic impact. This is sending a signal that we dont tolerate this "pseudo-slavery" and that today we dont work a day but tomorrow we will be forced to leave this country (I know already several people who have done that and it is becoming more and more common for people to abstain from coming to this land of opportunity as the system is now less favorable)

    If hundreds of thousands dont go to work, congress, corporates, press - the whole gamut would become sensitive to the issue. This is one way you can get them to lobby for our demands.

    Taking out rally is also a very good way of doing it however if you did this in one place, the turnout will not be as impressive. Doing it in multiple cities needs an organization.

    Bottomline, whatever you do, show solidarity, resolve, unity. That has never happened within this affected group of workers.



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  • justAnotherFile
    07-12 11:00 AM
    .. I think this is an excellent way to carry forward the Gandhigiri campaign.
    We should start a campaign, pick a few congressmen (may be from immigration subcomitee, judiciary comittee etc) and every member of IV should print out this pamphlet and hand sign, data, address and send it to these congressmen.

    We should also send a sample of the letter to news outlets.

    This will help keep this issue in the limelight. Any takers??




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  • nitkad
    03-20 04:28 PM
    Hi,

    I heard that USCIS revoked the I140s for all the applicants who were employee of certain company as the company was fraud. In this case what happens? I have a very genuine case but I think my company may be doing some weird things.

    Thanks



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  • venky_handsy
    03-07 10:46 PM
    you are fine. if you are on vacation for x number of hours...that is fine.
    they will see per month salary ..or per hour salary matches your labor wages...be kool.




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  • gsc999
    01-18 01:35 PM
    Needhelp, new year greetings!

    Its a team effort, nandakumar, abhijit and few others are behind this new effort. You will see, as the day progresses.


    Wonderful news!
    And gsc is back with a bang!



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  • lost_in_migration
    05-14 08:52 PM
    This is a EB3 - General Poll across all countries




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  • tinku01
    07-17 10:29 AM
    My details-

    PD -June 2004, India
    I-140 - approved Feb, 2007
    CP applied - Aug, 2007



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  • skumar9
    04-13 12:26 PM
    So did you answer the RFE ? ....




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  • RayP
    12-08 03:13 AM
    Thanks for your response. Good to hear that I can file while I am outside the US.
    Meanwhile, I was wondering if it expires due to (assume) my neglect... does that create issues or can I apply at a later date... this is just in case I forget !! Sorry !!




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  • seaken75
    10-12 03:36 AM
    I am scheduling an Infopass appointment at my local USCIS office in the hope of getting an interim EAD. It has been more than 90 days since they received my application.

    I have a few questions:

    1. What do i need to bring?
    2. What should i expect?
    3. What kind of questions would they ask?


    Your experience in this matter is great appreciated!

    Thanks in advance!




    varshadas
    04-21 03:56 PM
    I am not sure which location you went to. I went to the infopass in Newark, NJ and I was able to get status on name check. They could not give any other information, but they were able to tell me that my name check was complete.

    As mentioned in an earlier post, you can always leverage your Congressman.

    Thanks
    Varsha




    lord_labaku
    07-28 11:48 AM
    I had to sacrifice my career a little bit due to GC. I regret that. I dont think GC is worth enough to sacrifice career advancements; especially for people from India & China.

    Yes; India has infrastructure challenges....but they are being addressed slowly...the worst part is people in the US are missing out the growth in India. accelerating growth always feels better than advanced developed stable nation.

    I have my GC already...I can say for sure that it wasnt worth it.



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