morpheus
07-07 01:33 PM
Please consult an immigration attorney. There is a lot of misinformation in this area. I believe several of the posts above are incorrect.
My immigration attorney has advised me I can invest in and own anything - LLC, C Corp - as long as I don't take an active role in the business. Once you become active, you need an employment visa e.g. H1 to cover that. Since moving to the US I have owned and/or founded a couple of companies. I filed a visa so I could actively manage one of them. The others I am just a passive investor. One interesting question is can you attend a board meeting and still be a passive investor? Personally I think so, because board membership is not employment. Some may prefer to err on the conservative side.
Income from activites like Google Adsense or royalties is a grey area. It would make an interesting case, because it's very hard for the USCIS to say it is 'employment' rather than passive income. Any legal advice in this area is just an opinion. According to my attorney, there are no USCIS memoranda or case law on the subject.
Morph
My immigration attorney has advised me I can invest in and own anything - LLC, C Corp - as long as I don't take an active role in the business. Once you become active, you need an employment visa e.g. H1 to cover that. Since moving to the US I have owned and/or founded a couple of companies. I filed a visa so I could actively manage one of them. The others I am just a passive investor. One interesting question is can you attend a board meeting and still be a passive investor? Personally I think so, because board membership is not employment. Some may prefer to err on the conservative side.
Income from activites like Google Adsense or royalties is a grey area. It would make an interesting case, because it's very hard for the USCIS to say it is 'employment' rather than passive income. Any legal advice in this area is just an opinion. According to my attorney, there are no USCIS memoranda or case law on the subject.
Morph
wallpaper Pablo-Picasso-
desi3933
08-05 04:41 PM
I know this is not a good question as there is no time frame for GC process?
But please share your experience;
How many years it could take to get GC if it is started with in Aug. 2008 for
-EB2 category
-EB3 category
I am trying to understand the time (years) difference between two process.
Thanks,
Sanjeev.
Do you have 3 year degree? If so, getting into EB-2 is going to be little tough.
Good Luck.
But please share your experience;
How many years it could take to get GC if it is started with in Aug. 2008 for
-EB2 category
-EB3 category
I am trying to understand the time (years) difference between two process.
Thanks,
Sanjeev.
Do you have 3 year degree? If so, getting into EB-2 is going to be little tough.
Good Luck.
WeShallOvercome
08-27 06:32 PM
I actually did the stop payment back on the 14th and I have checked my account everyday and nothing...... Do you think they will reject it? I hate to lose the receipt date of July 2nd....
If there is no way you can stop the stop payment, then you should not get all anxious.
You were considering yourself lucky that your PD became current in July, unlucky that you filed a day too soon, but lucky that you came to know just in time, lucky that you still got your receipt, unlucky that you stopped payment, lucky that you have a second application in case your first one is rejected....
So you started being lucky and you might end up being lucky... Don't worry about all the unlucky episodes in between and hey, why worry about losing just 6 weeks of receipt date. Think about pre June-15th days :):)
If there is no way you can stop the stop payment, then you should not get all anxious.
You were considering yourself lucky that your PD became current in July, unlucky that you filed a day too soon, but lucky that you came to know just in time, lucky that you still got your receipt, unlucky that you stopped payment, lucky that you have a second application in case your first one is rejected....
So you started being lucky and you might end up being lucky... Don't worry about all the unlucky episodes in between and hey, why worry about losing just 6 weeks of receipt date. Think about pre June-15th days :):)
2011 Pablo Picasso Virtual Art
optimystic
09-10 08:11 PM
Thanks for encouraging comments from everyone. I hope some one from core team also takes notice of this and gives it some consideration.
May be we could tie this campaign as part of gaining support for approval of 5882 (visa recapture)
May be we could tie this campaign as part of gaining support for approval of 5882 (visa recapture)
more...

tnite
09-20 10:40 AM
Tristate folks from CT NY and 2 of them from Nocal are in the NDTV pic link (http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20070026637)
I am in the pic.feels great.
I am in the pic.feels great.
axp817
03-28 01:46 PM
If you worked in CA you need to file the same state. You dont have to file the tax for the state where your employer resides.
Not always true, if the employer withholds tax (OP's case) for a certain state, you HAVE to file returns for that state. Even if the withholding was done in error. The only way around this is to get an amended W-2 from the employer without the withholding. I speak from experience.
An easy way to figure this out is as follows
1. You have to file state tax returns in the state of your residence.
2. You have to file state tax returns in state of employment (where your employer is) IF
the employer withheld taxes (for that state) from your paycheck. Technically, they
shouldn't but if they do, for whatever reason, the only way you wouldn't have to file
returns is if they amend the W-2 and give you a new one without the tax withheld.
3. You have to file state tax returns in the state where you perform work on your
employer's behalf (this applies mostly to consulting scenarios where an employee is
deployed on assignments across the country and the only time you don't have to file
taxes in the third situation is when the work performed was for a short period of time
(less than a certain number of months, I am not sure exactly how many, but I think it is
9 or 10 months).
In many cases the state of residence, employment, etc. are all the same, in some cases they are not.
One of the exceptions is states which don't have state income tax, e.g. Texas.
Of course, having to file returns in so many states doesn't mean you pay tax to each state, usually, the total state tax you end up paying is equal to the state with the highest tax rate.
e.g. if you lived in NJ, employer was in NY, and you drove to a client site in PA for all of 2008, you would file returns in NJ and PA, and if the tax rate in NJ was 6% and PA was 6.1%, you would pay 6.1%, the higher of the two. Of course, if your employer accidentally withheld taxes for NY, then you would have to file for NY, and if NY doesn't agree to give you your withheld money back, then the only way to get it back would be to have your employer give you an amended W-2.
That being said, the OP should be okay since he has now filed CA taxes for 2005 and 2006. There will be a small amount of money owed to CA-Dept. of Revenue as penalty, but that should have been calculated during filing, by whoever did the OP's taxes. If the penalty wasn't paid, the OP can expect a 'bill' from CA-DOR asking for that money.
OP, If I were you, I would look into one more thing. If you were on H-1B when you were in CA, did your employer amend the H-1B LCA to state that CA was the work location? Seeing that taxes were withheld for NJ, they might have not amended the LCA. Speak to your employer and see if that could cause any problems or if there is a way to fix that.
Good luck,
Not always true, if the employer withholds tax (OP's case) for a certain state, you HAVE to file returns for that state. Even if the withholding was done in error. The only way around this is to get an amended W-2 from the employer without the withholding. I speak from experience.
An easy way to figure this out is as follows
1. You have to file state tax returns in the state of your residence.
2. You have to file state tax returns in state of employment (where your employer is) IF
the employer withheld taxes (for that state) from your paycheck. Technically, they
shouldn't but if they do, for whatever reason, the only way you wouldn't have to file
returns is if they amend the W-2 and give you a new one without the tax withheld.
3. You have to file state tax returns in the state where you perform work on your
employer's behalf (this applies mostly to consulting scenarios where an employee is
deployed on assignments across the country and the only time you don't have to file
taxes in the third situation is when the work performed was for a short period of time
(less than a certain number of months, I am not sure exactly how many, but I think it is
9 or 10 months).
In many cases the state of residence, employment, etc. are all the same, in some cases they are not.
One of the exceptions is states which don't have state income tax, e.g. Texas.
Of course, having to file returns in so many states doesn't mean you pay tax to each state, usually, the total state tax you end up paying is equal to the state with the highest tax rate.
e.g. if you lived in NJ, employer was in NY, and you drove to a client site in PA for all of 2008, you would file returns in NJ and PA, and if the tax rate in NJ was 6% and PA was 6.1%, you would pay 6.1%, the higher of the two. Of course, if your employer accidentally withheld taxes for NY, then you would have to file for NY, and if NY doesn't agree to give you your withheld money back, then the only way to get it back would be to have your employer give you an amended W-2.
That being said, the OP should be okay since he has now filed CA taxes for 2005 and 2006. There will be a small amount of money owed to CA-Dept. of Revenue as penalty, but that should have been calculated during filing, by whoever did the OP's taxes. If the penalty wasn't paid, the OP can expect a 'bill' from CA-DOR asking for that money.
OP, If I were you, I would look into one more thing. If you were on H-1B when you were in CA, did your employer amend the H-1B LCA to state that CA was the work location? Seeing that taxes were withheld for NJ, they might have not amended the LCA. Speak to your employer and see if that could cause any problems or if there is a way to fix that.
Good luck,
more...
overhere
07-18 08:28 AM
So it means I can apply in August as I am qualified to apply in July. How about my PD? Will it be August since I applied in August? For schedule A, the PD is the I-140 receipt date.
yes, i think so. your pd will definitely be august if you're going to file your 140 and 485 in august (before the 17th). don't forget to file ead (765) and ap (131) together with the 140 and 485.
yes, i think so. your pd will definitely be august if you're going to file your 140 and 485 in august (before the 17th). don't forget to file ead (765) and ap (131) together with the 140 and 485.
2010 artst.org | Pablo Picasso
apchinta
11-13 09:15 PM
Same thing happened to a friend, and he complained to DOL. The employer was made to pay the amount with fine.
more...
xgoogle
06-24 08:47 AM
You are saying I can leave the job and still be able to renew her EAD and AP every yr ? Also her I-485 will still be valid ?
hair Pablo Picasso
jlt007us
09-14 04:03 PM
Get back on H1b ASAP and do not wait for the Appeal decision. Have them file for a CP H1b approval if not EOS and get a visa and return back on H1b. Your EAD is invalid and you need $$$ to fight a case and remain in status.
Good Luck!
Can we file for another H1 when an appeal is pending for extension? On what basis can I file extension? I believe the underlying labor becomes invalid when I-140 is denied.
Good Luck!
Can we file for another H1 when an appeal is pending for extension? On what basis can I file extension? I believe the underlying labor becomes invalid when I-140 is denied.
more...
gcnirvana
01-29 12:42 PM
Gururaj Deshpande - Founder of Sycamore N/w
Naveen Jain - Founder of InfoSpace
Naveen Jain - Founder of InfoSpace
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Berkeleybee
05-25 07:48 PM
As a member of the IV content team (i.e. the team that spotted the problems and did all the delicious analysis so far) I will withold comment and speculation till the whole amended bill comes out.
As your own analysis shows -- the different sections of the bill need to be analyzed together.
Hold on to your horses.
best,
Berkeleybee
As your own analysis shows -- the different sections of the bill need to be analyzed together.
Hold on to your horses.
best,
Berkeleybee
more...
house La Vie (Life) - Pablo Picasso
dilipb
01-31 03:42 PM
I applied for 485 during last years July surge I think on July 19th 2007.
As per these 2 links it shows that 485 processing date is at July 19th 2007.
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
I am in PITTSBURGH, here too it shows as July 19th
https://egov.uscis.gov/cris/jsps/officeProcesstimes.jsp?selectedOffice=55
I have already received EAD etc.
Does this mean that my Green card processing is starting now ?
Can anyone comment ?
As per these 2 links it shows that 485 processing date is at July 19th 2007.
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
I am in PITTSBURGH, here too it shows as July 19th
https://egov.uscis.gov/cris/jsps/officeProcesstimes.jsp?selectedOffice=55
I have already received EAD etc.
Does this mean that my Green card processing is starting now ?
Can anyone comment ?
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chanduv23
06-18 03:13 PM
u never went to india since 5 years, your crazy :)
I met a US citizen of Indian origin who came to US in 1991 on a tourist visa and in those days, they managed to get green cards - dunno how. He never visited India. Got married here and still visualizes India as how it was in 80s.
I met a US citizen of Indian origin who came to US in 1991 on a tourist visa and in those days, they managed to get green cards - dunno how. He never visited India. Got married here and still visualizes India as how it was in 80s.
more...
pictures of Picasso/Pablo-Picasso-
Steve Mitchell
March 22nd, 2004, 01:45 PM
Actually they are very loose regarding cameras and fans. Can't say I've seen any L's on fans. I have seen fans with 10D's however.
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dkann
08-27 02:35 PM
Got 2yr EAD for both me and my wife with expiration date in August 2010.
I 140 still pending. (Filed July '07, concurrent).
I 140 still pending. (Filed July '07, concurrent).
more...
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vin13
02-11 03:04 PM
There may not be a logical reason as to why your wife got an RFE for Medical and not you.
I had a similar situation. I got an RFE for photos for AP application. But my wife did not get one. We had both got our pictures taken and processed at the same location. There was no issue with quality of photo either.
Now we both have our AP. I do not care why she did not get an RFE.
Maybe if you explain the details of the RFE someone may be able to discuss about it.
Without details asking why did you not receive RFE does not make sense.:confused:
I had a similar situation. I got an RFE for photos for AP application. But my wife did not get one. We had both got our pictures taken and processed at the same location. There was no issue with quality of photo either.
Now we both have our AP. I do not care why she did not get an RFE.
Maybe if you explain the details of the RFE someone may be able to discuss about it.
Without details asking why did you not receive RFE does not make sense.:confused:
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Googler
02-15 12:06 AM
Btw, apparently the law firm that argued the case for Mocanu and the others was: Orlow, Kaplan and Hohenstein (http://www.orlow.com/index.htm).
Wonder whether it is worth initiating a conversation about the validity of the legal argument for recapture (Mocanu + Aytes memo + Galvez-Howerton) with them -- they certainly know enough about the details of the name check process; they might need some more details about the 2003-2004 lost EB greencards, but I'd say they are pretty well prepped for all the other details.
Wonder whether it is worth initiating a conversation about the validity of the legal argument for recapture (Mocanu + Aytes memo + Galvez-Howerton) with them -- they certainly know enough about the details of the name check process; they might need some more details about the 2003-2004 lost EB greencards, but I'd say they are pretty well prepped for all the other details.
madanreddy
03-14 08:09 PM
I was 5 years with this company. paid all GC and every legal expenses from my pocket, filed GC couple of times, big time screwups.
flight tickets! If they pay my pay checks I will be happy.
Only mistake I did was to follow rules :)
flight tickets! If they pay my pay checks I will be happy.
Only mistake I did was to follow rules :)
immi_enthu
08-18 01:52 PM
Need help ....
Today I receive an email from USCIS about my PERM EB2 I-140 PP application that they have have made a decision on my case. Here what it says
"On August 17, 2007, we mailed you a decision on your I140, IMMIGRANT PETITION FOR ALIEN WORKER. Please follow the instructions on the notice. If you move before you receive the notice, please contact customer service."
What does it mean? They approved my case or denied it? Any idea from gurus here. Please respond.
sorry to break the bad news to you,but this usually means a denial. My I 140 was approved recently, the online status cleared said it's approved. I read many posts on this forum who had the same online status as yours and their I 140's were denied.
Today I receive an email from USCIS about my PERM EB2 I-140 PP application that they have have made a decision on my case. Here what it says
"On August 17, 2007, we mailed you a decision on your I140, IMMIGRANT PETITION FOR ALIEN WORKER. Please follow the instructions on the notice. If you move before you receive the notice, please contact customer service."
What does it mean? They approved my case or denied it? Any idea from gurus here. Please respond.
sorry to break the bad news to you,but this usually means a denial. My I 140 was approved recently, the online status cleared said it's approved. I read many posts on this forum who had the same online status as yours and their I 140's were denied.

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