Saarissimo
06-03 05:08 PM
Thank you all for your replies and comments. A few things I know based on previous research:
1. Any person, whether in the US or not, can be an investor (and hence hold equity) of an LLC or C corp. When it comes to an S-corp, all owners must be US citizens. So owning a stake in a company has nothing to do with work permit (i.e. H1-B)
2. Any company that can prove employer-employee relationship can sponsor H1B for its employees, even if the employees are owners in the company. There are many start-ups in the US where some of the founders work in the company on an H1-B. However, the lion share of those are C-Corps
My questions are:
1. Can an LLC sponsor an H1B visa for one of its (major) shareholders
2. 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?
I hope this all makes sense.
Thank you all in advance.
1. Any person, whether in the US or not, can be an investor (and hence hold equity) of an LLC or C corp. When it comes to an S-corp, all owners must be US citizens. So owning a stake in a company has nothing to do with work permit (i.e. H1-B)
2. Any company that can prove employer-employee relationship can sponsor H1B for its employees, even if the employees are owners in the company. There are many start-ups in the US where some of the founders work in the company on an H1-B. However, the lion share of those are C-Corps
My questions are:
1. Can an LLC sponsor an H1B visa for one of its (major) shareholders
2. 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?
I hope this all makes sense.
Thank you all in advance.
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krishnam70
07-05 11:55 AM
What has happened has happened. Maybe USCIS and/or DOS did goof up. Or maybe they really did want to reduce the backlog and use up all the available visas, and with all the good faith they could muster, worked themselves into a frenzy and on morning of July 2nd, they realized their blunder.
All the talk of lawsuits and class action, IMHO, is just a gravy train by the lawyers and for the lawyers. We, the 485 filers will just extras in their lush production. What kind of remedy do we expect? The Visa Bulletin is ex cathedra guidance, but subject to revision, even if there is no precedent for such revision. There is no law that spells out the formulation of the monthly Visa Bulletins. It is merely an administrative guidance tool, no different from a train schedule, with all of its implicit caveats.
Anyhow, hard as it is, we have to hunt for the silver lining in this episode. I think if this story got enough traction as a shining example of shoddy treatment of people who respect and follow the law, and contribute positively, in every sense of the word, to the well being of the United States, we will have it in play. Intervention from the Executive and Legislative branch could then be elicited. Individually, all of us should lay out our cases, respectfully and in good detail, to the Senators and Congressmen of our areas, to let them gauge the enormity of the problem at hand. This would be dream issue for the Senators and Congress people to attend to if it gains the critical mass. Doing whatever is required to right this wrong has no downside for any of them. They can even credit themselves for somehow rescuing a remedy out of the CIR fiasco. They can be the heroes here.
The New York Times and The Wall Street Journal have already run the story. We need to build up on this. Even the Lou Dobbs and law-and-order types in the public arena can be roped in on this one. After all, we are trying to immigrate the right way, by fastidiously following the law, and dropping significant chunks of dollars all around while doing so.
If our efforts lead to recapturing of unused prior-year visa numbers, a relaxation in per-country limits, a delay on the filing-fee increases, and perhaps some movement on the SKIL Bill, we will have a net gain.
That guy will do more harm than help us. My opinion thought. He speaks from his point of view only..
All the talk of lawsuits and class action, IMHO, is just a gravy train by the lawyers and for the lawyers. We, the 485 filers will just extras in their lush production. What kind of remedy do we expect? The Visa Bulletin is ex cathedra guidance, but subject to revision, even if there is no precedent for such revision. There is no law that spells out the formulation of the monthly Visa Bulletins. It is merely an administrative guidance tool, no different from a train schedule, with all of its implicit caveats.
Anyhow, hard as it is, we have to hunt for the silver lining in this episode. I think if this story got enough traction as a shining example of shoddy treatment of people who respect and follow the law, and contribute positively, in every sense of the word, to the well being of the United States, we will have it in play. Intervention from the Executive and Legislative branch could then be elicited. Individually, all of us should lay out our cases, respectfully and in good detail, to the Senators and Congressmen of our areas, to let them gauge the enormity of the problem at hand. This would be dream issue for the Senators and Congress people to attend to if it gains the critical mass. Doing whatever is required to right this wrong has no downside for any of them. They can even credit themselves for somehow rescuing a remedy out of the CIR fiasco. They can be the heroes here.
The New York Times and The Wall Street Journal have already run the story. We need to build up on this. Even the Lou Dobbs and law-and-order types in the public arena can be roped in on this one. After all, we are trying to immigrate the right way, by fastidiously following the law, and dropping significant chunks of dollars all around while doing so.
If our efforts lead to recapturing of unused prior-year visa numbers, a relaxation in per-country limits, a delay on the filing-fee increases, and perhaps some movement on the SKIL Bill, we will have a net gain.
That guy will do more harm than help us. My opinion thought. He speaks from his point of view only..
dpp
06-04 02:45 PM
hi, based on my wife's experience(for H4 based on my H1B) they didn't give the I-94 valid till the full 3 years. They rather gave only for 2 years. Hence saying so.
Yah, may be yours is a peculiar case. But it won't happen like that always. If it happens to be like that, then you can ask the officer right away to give it to my the end date there on latest approval. Sometimes they are lazy, try to give to the date there on visa stamp only. But if you insist and show the latest approval, then will do it or if he/she can check other officers there and give it to the end date there on latest approval. It all depend on us and we need to check it properly and make sure that they are putting correct info.
For one of my friend, they gave few more days after the date on approval. So, they can put any date on I-94, if they want to. There is nothing wrong. It is upto the Port of entry officer.
Yah, may be yours is a peculiar case. But it won't happen like that always. If it happens to be like that, then you can ask the officer right away to give it to my the end date there on latest approval. Sometimes they are lazy, try to give to the date there on visa stamp only. But if you insist and show the latest approval, then will do it or if he/she can check other officers there and give it to the end date there on latest approval. It all depend on us and we need to check it properly and make sure that they are putting correct info.
For one of my friend, they gave few more days after the date on approval. So, they can put any date on I-94, if they want to. There is nothing wrong. It is upto the Port of entry officer.
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CADude
02-27 01:00 AM
Each category(EB2 or EB3) has it's own cut off date. Per March VB, EB3 India is Aug 2001 and Eb2 is U. If VB date is current for both category then I-485 RD matters most.
There are many tread here to predict VB cut-off date for each category. So your guess as good as mine. :)
I have been thinking in what way EB2 vs EB3 matters after filing 485. Here is the scenario..
My friend (EB2-INDIA-Labor_Dec2005-485_receipt_Date_072007) and I (EB3-INDIA--Labor_Dec2001-485_receipt_Date_062007) have filed our I-485 almost same time...
Assume that all Dates are curent now...My friend was saying that he will get his GC prior to me since he is EB2...
My question is in what way EB2 vs EB3 matters once we file I-485. According to me, as long as Visa dates are current EB2/EB3 does not matter. It all depends of RD (Receipt Date) when Visa dates are current..
Please correct me if I am wrong...
There are many tread here to predict VB cut-off date for each category. So your guess as good as mine. :)
I have been thinking in what way EB2 vs EB3 matters after filing 485. Here is the scenario..
My friend (EB2-INDIA-Labor_Dec2005-485_receipt_Date_072007) and I (EB3-INDIA--Labor_Dec2001-485_receipt_Date_062007) have filed our I-485 almost same time...
Assume that all Dates are curent now...My friend was saying that he will get his GC prior to me since he is EB2...
My question is in what way EB2 vs EB3 matters once we file I-485. According to me, as long as Visa dates are current EB2/EB3 does not matter. It all depends of RD (Receipt Date) when Visa dates are current..
Please correct me if I am wrong...
more...
amsgc
06-20 12:05 AM
gondal, paskal
I have a question, if you don't mind answering:
I understand one can apply for adjustment of status on F1, J1 etc. How does it affect your J1 status? I know someone who is on J1 visiting student and considering applying for I-485 as a dependent. Will it adversely affect their adjustment of status application/EAD/AP. Or, will it invalidate their J1.
Request you to please respond as my understanding is limited.
Thanks.
Ams
I have a question, if you don't mind answering:
I understand one can apply for adjustment of status on F1, J1 etc. How does it affect your J1 status? I know someone who is on J1 visiting student and considering applying for I-485 as a dependent. Will it adversely affect their adjustment of status application/EAD/AP. Or, will it invalidate their J1.
Request you to please respond as my understanding is limited.
Thanks.
Ams
dontcareanymore
10-21 05:20 PM
According to one website http://www.immigration-law.com the USCIS is working on trying to streamline processing I-140 petitions to four months by April 2009. I quote the following from the website
--------------------------------------------------------
10/08/2008: I-140 Processing in Four Months by April 2009?
* This is a five-month old information which has just been released. This source of information indicates that the USCIS was hiring and training new employees and by April 2009, I-140 petitions might be processed in four months. It is a good news in a way.
--------------------------------------------------------
Going by the previous track record of the USCIS though, I do have reasons to be skeptical about that. We will find out in April eventually, unless our invididual petitions get approved before that. The only issue is that in the interim we still have the threat to jobs in this bad economy. The other concern of mine is that older petitions might get dumped into another Backlog Elimination Center and they only work efficiently on newer I-140 petitions. That solution would be hell for people with older I-140 applications
Same source, but latest bulletin :
10/17/2008: I-140 Delays and USCIS Answers to Discrepancy in Processing Times Between Stand-alone I-140 and Concurrent Filing Cases
"
We will see what and when "significant" decrease in reduction will take place. We still feel that the reinstatement of premium processing services should hold an answer to part of the problems. However, the USCIS answer to this question is as follows: "USCIS expects that adding other classifications to Premium Processing Service at this time would exceed USCIS� capacity to provide timely Premium Process Service. USCIS will continue to evaluate whether it is able to process other groups of cases beyond this limited classification of petitions and will provide notification of any further availability of Premium Processing Service for Form I-140."
--------------------------------------------------------
10/08/2008: I-140 Processing in Four Months by April 2009?
* This is a five-month old information which has just been released. This source of information indicates that the USCIS was hiring and training new employees and by April 2009, I-140 petitions might be processed in four months. It is a good news in a way.
--------------------------------------------------------
Going by the previous track record of the USCIS though, I do have reasons to be skeptical about that. We will find out in April eventually, unless our invididual petitions get approved before that. The only issue is that in the interim we still have the threat to jobs in this bad economy. The other concern of mine is that older petitions might get dumped into another Backlog Elimination Center and they only work efficiently on newer I-140 petitions. That solution would be hell for people with older I-140 applications
Same source, but latest bulletin :
10/17/2008: I-140 Delays and USCIS Answers to Discrepancy in Processing Times Between Stand-alone I-140 and Concurrent Filing Cases
"
We will see what and when "significant" decrease in reduction will take place. We still feel that the reinstatement of premium processing services should hold an answer to part of the problems. However, the USCIS answer to this question is as follows: "USCIS expects that adding other classifications to Premium Processing Service at this time would exceed USCIS� capacity to provide timely Premium Process Service. USCIS will continue to evaluate whether it is able to process other groups of cases beyond this limited classification of petitions and will provide notification of any further availability of Premium Processing Service for Form I-140."
more...
jonty_11
07-05 03:34 PM
"Mike Aytes, head of domestic operations for the USCIS, said all 147,141 employment-based green cards have now been issued for the year. "We are very sympathetic to the fact that people really had expectations … Folks spent a lot of time and effort, but it turned out they couldn't file, after all," he said."
source/link always.....please
source/link always.....please
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jthomas
03-27 02:55 PM
EAD needs same or similar job requirement as petitioned in your labor.
With this economy going south and as forecasted will recover after 2nd quarter of 2010, I hope you have sufficient funds to keep the business working. People are getting laid off. Walmart made good bucks during the recession. If i were you, i would buy a 99 cents store or a dollar store to keep up with this recession.
With this economy going south and as forecasted will recover after 2nd quarter of 2010, I hope you have sufficient funds to keep the business working. People are getting laid off. Walmart made good bucks during the recession. If i were you, i would buy a 99 cents store or a dollar store to keep up with this recession.
more...
binadh
03-05 02:27 PM
You can stand in the Home Depot parking lot with a jumpsuit and a bandana if you want to make some Hard Earned money............If not, stop asking stupid questions in this forum. You should know that when you get your freaking H4 visa.
Is there anything i can do on H4 visa??
Is there anything i can do on H4 visa??
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Ann Ruben
01-20 09:11 AM
Abhay,
Was the RFE for the I-485 or for the I-140? If for the I-485, has the I-140 been approved? What evidence was requested?
Ann
Was the RFE for the I-485 or for the I-140? If for the I-485, has the I-140 been approved? What evidence was requested?
Ann
more...
gnutin
03-30 02:58 PM
Yes, that list is sufficient. I just sponsored a relative with the same set of documents and everything went smoothly.
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gcdreamer05
01-11 10:03 PM
yup your renewed 797 has not been entered in their PIMS database, that is why the delay , you should be all set in 1-2 weeks time.
Please share your experience once you get back your stamped passport.
Please share your experience once you get back your stamped passport.
more...
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anai
06-20 08:48 AM
When I saw the title of the thread, I first thought Dan Quayle is posting on immigration voice.
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immigrationvoice1
04-09 12:14 PM
Planning to use AC21 Portability and work on EAD.
If the EAD reneval is applied and If it gets expired before we get the new EAD, can I work by having the EAD reneval receipt notice with out affecting the employment.
Thanks in advance for your reply.
I do not think one can continue working if the existing EAD has expired and the renewal has not arrived.Though, one is still in AOS but simply cannot work till he renewed EAD arrives.
This is what I gathered from various websites so far but would like to see some comments from the experts here.
If the EAD reneval is applied and If it gets expired before we get the new EAD, can I work by having the EAD reneval receipt notice with out affecting the employment.
Thanks in advance for your reply.
I do not think one can continue working if the existing EAD has expired and the renewal has not arrived.Though, one is still in AOS but simply cannot work till he renewed EAD arrives.
This is what I gathered from various websites so far but would like to see some comments from the experts here.
more...
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Robert Kumar
01-26 07:10 AM
Which US consulate did you apply? Do you already have H1B on your passport? I think the best option will be to approach your employer and have them sort this issue out. Sometimes, the consulate will request for some additional information from the employer and once they get this information, they will issue the visa.
Good luck!
I too think requesting the employer to take the action, with their lawyer. If they are good, and with no issues, they must initiate this and fix it,
but if they are not good, they may withdraw at this point and may feel "lets not get into more headaches"... in which case you may not pursue further.
I can imagine how it feels, belv me, yet, keep looking and dont give up
Good luck!
I too think requesting the employer to take the action, with their lawyer. If they are good, and with no issues, they must initiate this and fix it,
but if they are not good, they may withdraw at this point and may feel "lets not get into more headaches"... in which case you may not pursue further.
I can imagine how it feels, belv me, yet, keep looking and dont give up
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wellwishergc
07-06 12:17 PM
pappu, is there a separate effort on part of IV towards a legal-immigration based bill, where issues such as visa number capture will be taken up? It has been officially reported within the Ombudsman report that 182,694 have gone unused since 2000.
Nope not possible as of now. Lawsuit is specific to visa bulletin issue.
Nope not possible as of now. Lawsuit is specific to visa bulletin issue.
more...
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redelite
08-19 10:32 AM
I'll try to get one up sometime today along with a YA RLY one, I got a few ideas up in my noggin'..
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MatsP
January 27th, 2006, 05:17 AM
I think this should be split out to another thread.
If we start out by strictly looking at NEW equipment, and base body+lens price of less than $1000:
- Canon
EOS Rebel XT: $880
- Konica Minolta
Maxxum 5D: $700
- Nikon
D50: $650
- Olympus
E-volt 300: $650
E-volt 500: $720
E-1: $940
- Pentax
*ist DL: $750
Prices from B&H Photo - www.bhphotovideo.com - there may well be better offers available, but the local camera shop probably wants a few dollars more... Which may or may not be worth it, depending on whether you value the fact that you can go to the local store for help and advice or prefer e-mail and phone help if something goes wrong...
All of these have their own pro's and con's. If you want a good selection of lenses and other "extras", the Canon will be first, Nikon second, Konica Minolta in third, a fair bit behind, and everything else sharing a pretty far behind fourth place. This, of course, may not be an issue - if all you want is two or three (or one) generic lens and a basic flash you'll be fine with any choice.
The pixel count is 8MP for Canon and Olympus, whilst the others have 6MP. Again, this may or may not be important for you.
As to "which is best", it's VERY MUCH a personal preference - and a case of which features are important to you as a photographer.
I didn't list the ones that are a little more than $1000 - you get quite a few more to choose from if you go to $1200 or so - and with faster action and bigger buffer (for those action sequences).
As Puncher mentioned, used digital cameras are an option - you can get one that is a year or two old, which has much higher spec than the new ones for the same money.
Without some further discussion on what's important to you, it's not an easy choice.
--
Mats
If we start out by strictly looking at NEW equipment, and base body+lens price of less than $1000:
- Canon
EOS Rebel XT: $880
- Konica Minolta
Maxxum 5D: $700
- Nikon
D50: $650
- Olympus
E-volt 300: $650
E-volt 500: $720
E-1: $940
- Pentax
*ist DL: $750
Prices from B&H Photo - www.bhphotovideo.com - there may well be better offers available, but the local camera shop probably wants a few dollars more... Which may or may not be worth it, depending on whether you value the fact that you can go to the local store for help and advice or prefer e-mail and phone help if something goes wrong...
All of these have their own pro's and con's. If you want a good selection of lenses and other "extras", the Canon will be first, Nikon second, Konica Minolta in third, a fair bit behind, and everything else sharing a pretty far behind fourth place. This, of course, may not be an issue - if all you want is two or three (or one) generic lens and a basic flash you'll be fine with any choice.
The pixel count is 8MP for Canon and Olympus, whilst the others have 6MP. Again, this may or may not be important for you.
As to "which is best", it's VERY MUCH a personal preference - and a case of which features are important to you as a photographer.
I didn't list the ones that are a little more than $1000 - you get quite a few more to choose from if you go to $1200 or so - and with faster action and bigger buffer (for those action sequences).
As Puncher mentioned, used digital cameras are an option - you can get one that is a year or two old, which has much higher spec than the new ones for the same money.
Without some further discussion on what's important to you, it's not an easy choice.
--
Mats
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diptam
04-11 11:16 PM
I've a terrible situation now:
My current H1 is probably going to be cancelled by Apr 30th , I'm looking for a Job on my EAD and will hopefully get one soon by Apr 30th.
However H1 cancellation means H4 will get auto-cancelled - Is that true ? If yes, then my spouse will lose her status ?? She couldn't apply for her "derivative 485" when I filed mine in July 2007 due to wrong DOB on Birth Certificate. Pricipal Applicant's priority Date is Mar 2005 and EB3-I and there is no signs for it to be current within next 3-4 years.
What are my spouse's options without falling out of status or leaving the country and remain separated for 3-4 yrs or more years till the PD gets current ? We have a Kid who is US citizen.
Thanks much!
My current H1 is probably going to be cancelled by Apr 30th , I'm looking for a Job on my EAD and will hopefully get one soon by Apr 30th.
However H1 cancellation means H4 will get auto-cancelled - Is that true ? If yes, then my spouse will lose her status ?? She couldn't apply for her "derivative 485" when I filed mine in July 2007 due to wrong DOB on Birth Certificate. Pricipal Applicant's priority Date is Mar 2005 and EB3-I and there is no signs for it to be current within next 3-4 years.
What are my spouse's options without falling out of status or leaving the country and remain separated for 3-4 yrs or more years till the PD gets current ? We have a Kid who is US citizen.
Thanks much!
SL%%
08-26 12:12 AM
Thanks SL : Like I said before, the cust. rep. said that she did not have access to know check if the case is pre-adjudicated or not. So, I was wondering, how will the info would be accessible to any other cust. rep. May I be I will give it a shot one more time.
fatjoe,
I think some doesn't really have any info due to access level (maybe) but I am certain that I read somewhere here where member(s) of this forum were able to get that information. They just said you have to keep on trying, at least that's what they did.
fatjoe,
I think some doesn't really have any info due to access level (maybe) but I am certain that I read somewhere here where member(s) of this forum were able to get that information. They just said you have to keep on trying, at least that's what they did.
vts31
10-17 06:47 PM
my icon is a GIF animation. i made it in Flash. fairly small. thanx for the mention Doll :)
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