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  • glus
    05-13 07:03 AM
    I think the advantage of LLC against Sole Prop is about liability.

    If some one sues your business, LLC offers you protection, but Sole prop. may not.

    If you are on EAD, you can start the business in your wife's name. Now the risk is that she will run away and take the business with her; can't say that would really be a bad thing.

    S-corp is much more complex compared to LLC.

    There is nothing in the law that disallows one from opening and operating LLC or INC type of business. To open a CORPORATION one needs to be a U.S. Citizen as far as I know, but for LLC or Inc no such requirement. Definitely LLC or Inc is better option for the reason you mentioned; liability protection. Thank you.




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  • Sri_
    07-15 08:37 PM
    $50 (Fifty) by Bill Pay through BOFA
    Confirmation No: 7YG2X-D5QCD


    Sri_




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  • leoindiano
    03-25 09:08 AM
    Geogia comes under Philadelphia backlog center


    Friends,

    I have couple of questions...

    My employer has filed my Labor from Georgia state...

    So in which bpc my case should exists??

    What is 45-days letter as I have read so many times in this forum??

    My cas received date Oct 10 2004, is this Priority date??

    I would appriciate proper answers

    Thanks
    Jsquare




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  • Radhika
    07-19 10:33 AM
    upgraded $20 to $50 monthly



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  • nk2006
    10-16 04:29 PM
    Issue/Background:
    It seems USCIS is not following AC21 regulations in some cases – especially when underlying I140 is revoked by previous employer – and are incorrectly denying I485 applications. As we know, AC21 regulations and related guidelines, provide some relief and allow job changes without affecting the I485 application. As per these rules if the employee changes employment after 180 days of submitting I485 application, there is no need to redo I140 even-if old employer revokes the old I140.

    In recent days USCIS seems to be denying lot of I485 applications – ignoring their own AC21 regulations. A few of IV volunteers (pd_recapturing, gc4me, chanduv et al) have started an effort to address this. You can get more info on this, at this thread: http://immigrationvoice.org/forum/showthread.php?t=21716.

    This issue can affect a lot of us and it negates all the flexibility/relief that we acquired by getting EAD’s and advantages we got thru recent admin reform.

    What needs to be done:
    After some initial discussions and planning (thanks to pd-capturing, chandu, et al) it is decided to write letters to Ombudsman and service center heads to point out this and request them to correct it ASAP. Please participate and send letters. To succeed we need to send it in thousands.

    Pasting the letter and the addresses below.

    More info: (thanks to gc4me for addresses and letter template):
    ======================
    Everyone please send the letter/email to: Ombudsman
    ======================
    Ombudsman:
    cisombudsman@dhs.gov
    Mailing Address:
    Citizenship and Immigration Services Ombudsman
    ATTN: Recommendations
    United States Department of Homeland Security
    Mail Stop 1225
    Washington, D.C. 20528-1225
    =======================

    ============================
    Letter
    ============================
    Date: Today()

    To
    Mr. Michael Timothy Dougherty
    The Ombudsman
    Citizenship and Immigration Services Ombudsman
    United States Department of Homeland Security
    Mail Stop 1225
    Washington, D.C. 20528-1225

    Re: Issues caused by USCIS not following AC21 guidelines

    Dear Sir,
    This is to bring your attention to the issues caused by USCIS not following AC21 guidelines.

    The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant’s new employment is in a similar/same occupation.

    According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).

    Due to unreasonable delays caused by retrogression, many candidates have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.

    Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485applications where the underlying I-140 has been withdrawn by the previous employer without issuing an NOID or RFE. Even those applicants who have notified USCIS of change in employers have had their I-485 denied.


    After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.

    This is a request for you to intervene to ensure that the AC21 regulations are followed when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this should be added the applicant’s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant should be issued a NOID/RFE instead of denying the I-485 application.


    Should you have any further questions, please do not hesitate to contact.

    Thank you in advance for your kind attention and cooperation in this matter.

    Thanks,

    Your Name
    Your Address
    Your Phone Number




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  • pani_6
    07-24 07:40 PM
    EB-3 I wake up and send the letter out..we need to make relevant authorities aware of our situation. Uncertanity and doom stares us come on EB-3 I lets see some action!



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  • glus
    05-13 07:03 AM
    I think the advantage of LLC against Sole Prop is about liability.

    If some one sues your business, LLC offers you protection, but Sole prop. may not.

    If you are on EAD, you can start the business in your wife's name. Now the risk is that she will run away and take the business with her; can't say that would really be a bad thing.

    S-corp is much more complex compared to LLC.

    There is nothing in the law that disallows one from opening and operating LLC or INC type of business. To open a CORPORATION one needs to be a U.S. Citizen as far as I know, but for LLC or Inc no such requirement. Definitely LLC or Inc is better option for the reason you mentioned; liability protection. Thank you.




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  • mrdelhiite
    06-25 01:28 PM
    IV members have saved you a lot of money on attorney phone calls, getting answers to medical test questions and other general questions. Please contribute to IV so that we can keep this effort going. While everybody is busy collecting documents and paperwork for 485, core IV again is doing there personal paperwork and + lobbying.
    Please contribute, especially if you are new and never contributed. Please do not be a freeloader and get your questions answered and run away.

    Yes Amit you are 100 % right everyone esp I have to do that too ... i work with Aman in state and i see how much work you guys do.... just excuse me for a day or 2 i just have to get a H4 date and marrige done .. my would be is in India right now
    -M



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  • santb1975
    05-29 10:48 PM
    Thankyou for your contribution

    Receipt ID: 0375-0762-4300-7538

    Let's keep 'em comming!




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  • FaniMiBanana
    07-24 10:45 PM
    If somebody is sending this letter, please do not send it without taking care of word-suggested corrections. There are too many green lines, most of the times because of spacing between two words.

    OP - My intention is not to offend you but to point out the need for improvement in the document.

    Don't worry! EB-3 is supposed to be low-skilled so nobody is going to frown at grammatical or typographical errors. :)

    (For those who lost their sense of humor, this is a joke. I'm EB-3 too.)



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  • chintu25
    03-09 10:42 AM
    Good one ..itsnotfunny....but I will tell you that each one of us does wait with baited breath for the VB .

    I am all for the FOIA drive and have promised some money as well. But lets just hope and pray that the VB brings some good news for some of us :)




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  • gc_on_demand
    04-30 03:11 PM
    When this will end ? and will they put recording or transcript ?



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  • satishbsk
    07-13 07:14 PM
    Some one get list from Walk In Medical Care who all went to medicals for 485 in June :D :D .
    When I went for submitting and collecting medicals there were around 15 + each time last month.

    ___________________
    Contributed $280 so far




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  • gonecrazyonh4
    04-25 12:54 PM
    Maybe highly intelligent people make irrational decisions.:)

    Many of the H1B's are so involved in their work , they really donot follow their green card procedure and pressure their employers for better deal on filing their papers even when they have the chance.

    New H1B's coming into the country should be given some guidance on the permanent residency process so that they donot end up like many of us in the forum waiting for years to get their residency.



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  • gc_bucs
    03-10 11:28 AM
    I'm not sure if the IV members were aware of this or not.

    The following is from http://www.immigration-law.com/ which in turn is quoting AILA.


    "However, the report indicates that the Judiciary Committee is working on a tight schedule as the Senate Majority leader Bill Frist reportedly threatened that unless the Committee completes the Comprehensive Immigration Reform bill by March 27, 2006, he would bypass the Senate Judiciary Committee and attempt to have his own Comprehensive Immigration Reform bill totally focusing on the border security and enforcement issues only passed by the full Senate. It is thus critically important that the Judiciary Committee passes the bill in one form or another by March 27, 2006. Please stay tuned to this website for the breath-taking development. "




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  • nyte_crawler
    04-25 11:33 AM
    Coming in through H1 does'nt show your intention of becoming a permanent resident of this country. It only happens when the LC is applied. Although the entry date is an ingenious way, it will only create more issues. Now some one who comes in F1 can also ask for the same benefit when they move to H1, to take their entry date in F1 as their priority date. I believe the culprits are the labor substitution and the labor certification sales. Those are unfair. Stop labor substitutions, and if they need one, then use the 140 RD as the PD. That should solve most of the problems and people from using labor sub to jump the line.



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  • eb3_nepa
    07-14 12:48 PM
    Hello everyone,

    I am starting a new campaign for IV's benefit. It is called "Give me a High Five".

    The point of this campaign is to send Not $100, not $50, not even $10.


    ALL you need to do is write out a $5 cheque and send it to IV on the address listed.

    The address to mail the checks to is:

    Immigration Voice
    P O Box 1372
    Arcadia, CA 91077-1372

    This address can also be found at: http://immigrationvoice.org/index.php?option=com_content&task=view&id=76&Itemid=65


    Please make sure you send in a cheque ONLY or do a bill pay so that no paypal/google checkout fees apply and all of the $5 ACTUALLY goes to IV.

    We have 30,000 members on here. If EACH of us contributes just $5 we have $150,000.

    For the sake of your OWN freedom, can you donate just FIVE dollars to IV? Every single one of you. IV has done a LOT for every legal immigrant. All we ask in return right now is FIVE dollars. FIVE dollars. Not the price of one month of Cable, but the price of a SUBWAY SANDWICH.


    The following IV members have entered the High Five Hall of Fame:
    bestofall, johnnybhai, Mahatma, sparklinks, kevinkris, hariswaminathan, akhilmahajan, a_paradkar, tejonidhi, ho_gaya_kaya_?, June05, chintainfogc, k_usa, Sri_1975, cheshirecat, satyasaich, pd_recapturing, sajidmd, govindk, mjdup, alok_msh, plreddy, naidu2543, venkygct, j_bharadwaj, gsrknth, cooldude0807, for_gc, Chiwere, jayleno, funny, eight_8, ita, GCOP, desi chala usa, gc_kaavaali, lakshman.easwaran, ebizash, srhari, srinivas_o, ndny, rameshvaid, mhathi, rajesh_kamisetty, shana04, Vsach, leo2606, sujijag, sam2006, dhirajs98, dhirajs98 , vsbalaji, shiankuraaf, nosightofgc, prasadn, prasha98, Mani, DDash, bgp, gc28262, Caliber, gc_on_demand, agc2005, SkilledWorker4GC, vban2007, vvicky72, sriv1, desidude, Suva, sandy_anand, ckichannagari, h1techSlave, kushaljn, sirinme, WeShallOvercome, rajvepa, dodsatya, gc78, hotammo, gcbikari, abhijitp, wizpal




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  • vayumahesh
    11-16 08:04 AM
    Update. My attorney has sent a letter (interfiling process) to USCIS mentioning that my case is current now. One of my friends got 485 approved within 2 weeks after initiating interfiling process. I hope it would be the same case with me.




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  • Leo07
    12-10 06:46 PM
    I want to shout very loud....but, I'm in office....so I can only shout here... AAAAAAAAAAAAAAAAAAAAAAHHHHHHHHHHHHHHHHHHHHHHHHHHHH HHHHHHHHHHHHHHAAAAAAAAAAAAHHHHHHHHHHHHHHHHHHHHHHHH HHHHHAHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHA .... Just took a breath .. Shouting continues... ... AAAAAAAAAAAAAAAAAAAAAAAAAAAAHHHHHHHHHHHHHHHHHHHHHH H so is our life:)




    485Question
    09-08 11:43 AM
    9 years




    rp0lol
    06-21 01:10 PM
    another 100$ from IL
    PayPal Receipt ID: 70125366SU56XXXXX

    GO IV!!!!



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