greyhair
04-04 08:28 PM
Hi All,
Me and my wife are on EAD. We want to open LLC. Right now I am doing consulting in IT firm. My wife is not working anywhere. What are TAX and immigration consequences if we open LLC on my wife's name?
Questions we have..
1. Can I become parnter easily once my status got changed from EAD to GC?
2. Once my wife start LLC, can she work for another company e.g. Software consulting?
3. What would be tax bracket for my owner of LLC?
Thanks,
dj
You can start LLC or 'C' corp on EAD. No consequences. You cannot start 'S' corp on EAD. See this:
http://immigrationvoice.org/forum/forum72-ac21-portability-after-180-days-of-485-filing/13349-ead-can-you-register-a-llc-inc.html
1.) Yes, but you cannot work for it without filing H1 if you are on H1 status. You can even become a partner on EAD.
2.) Yes
3.) Depends on your state of registration. Contact Department of State in your state of residence. In Texas you have to pay $750/yr even if you are not doing any business in LLC.
Me and my wife are on EAD. We want to open LLC. Right now I am doing consulting in IT firm. My wife is not working anywhere. What are TAX and immigration consequences if we open LLC on my wife's name?
Questions we have..
1. Can I become parnter easily once my status got changed from EAD to GC?
2. Once my wife start LLC, can she work for another company e.g. Software consulting?
3. What would be tax bracket for my owner of LLC?
Thanks,
dj
You can start LLC or 'C' corp on EAD. No consequences. You cannot start 'S' corp on EAD. See this:
http://immigrationvoice.org/forum/forum72-ac21-portability-after-180-days-of-485-filing/13349-ead-can-you-register-a-llc-inc.html
1.) Yes, but you cannot work for it without filing H1 if you are on H1 status. You can even become a partner on EAD.
2.) Yes
3.) Depends on your state of registration. Contact Department of State in your state of residence. In Texas you have to pay $750/yr even if you are not doing any business in LLC.
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zone.zo786
04-23 05:28 AM
No one here could possibly know. The FULL price is probably going to be around $900 a month. But his employer would pick up, usually at least half the cost for HIS coverage - or around $250ish.
ssdtm
11-06 02:14 PM
If you are lucky, your 485 case may continue without issues for next 1 year. (this is a high possibility). After 1 yr, once you come back, there may not be any issues if there is no RFE / Interview.
Problem with 485 may arise later if there is RFE / Interview and you are asked for paystubs/W2 for this period.
There is certainly some risk involved to your 485. Given that RFE / Interview comes for only a small percentage, this risk is not very high. Also, RFE / Interview doesn't necessarily collapses your case, but this will be a sticky wicket in that case.
Problem with 485 may arise later if there is RFE / Interview and you are asked for paystubs/W2 for this period.
There is certainly some risk involved to your 485. Given that RFE / Interview comes for only a small percentage, this risk is not very high. Also, RFE / Interview doesn't necessarily collapses your case, but this will be a sticky wicket in that case.
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ameerka_dream
10-21 07:35 AM
Job visas only for highly skilled, salaried foreigners: govt (http://in.news.yahoo.com/20/20101020/1416/tnl-job-visas-only-for-highly-skilled-sa.html)
Wed, Oct 20 03:12 PM
New Delhi, Oct 20 (PTI) In an attempt to prevent foreigners from getting non-technical jobs, the government has made it clear that citizens of other countries will be taken only for highly-skilled assignments in India and should draw an annual salary of over USD 25,000. In an order, the Home Ministry nullified a Labour Ministry circular which allows one per cent foreigners among the total work force in any project with a minimum of five and maximum of 20 people. "An employment visa is granted to a foreigner if the applicant is a highly skilled and/or qualified professional, who is being engaged or appointed by a company/organisation/ industry/undertaking in India on contract or employment basis," according to the Home Ministry guidelines. Besides, the ministry made it clear that employment visa shall not be granted for jobs for which qualified Indian are available and also for routine, ordinary or secretarial/ clerical jobs. "The foreign national being sponsored for an employment visa in any sector should draw a salary in excess of USD 25,000 per annum," it says. However, this condition of annual floor limit on income will not apply to ethnic cooks, language teachers (other than English), staff working for the Embassy/High Commission concerned in India. The Labour Ministry had ordered that visa applications could be cleared by the Indian missions abroad at their level if the foreign national is skilled and qualified professional, technical experts, senior executives or in managerial positions and those kinds of skills which are not available in India.
Wed, Oct 20 03:12 PM
New Delhi, Oct 20 (PTI) In an attempt to prevent foreigners from getting non-technical jobs, the government has made it clear that citizens of other countries will be taken only for highly-skilled assignments in India and should draw an annual salary of over USD 25,000. In an order, the Home Ministry nullified a Labour Ministry circular which allows one per cent foreigners among the total work force in any project with a minimum of five and maximum of 20 people. "An employment visa is granted to a foreigner if the applicant is a highly skilled and/or qualified professional, who is being engaged or appointed by a company/organisation/ industry/undertaking in India on contract or employment basis," according to the Home Ministry guidelines. Besides, the ministry made it clear that employment visa shall not be granted for jobs for which qualified Indian are available and also for routine, ordinary or secretarial/ clerical jobs. "The foreign national being sponsored for an employment visa in any sector should draw a salary in excess of USD 25,000 per annum," it says. However, this condition of annual floor limit on income will not apply to ethnic cooks, language teachers (other than English), staff working for the Embassy/High Commission concerned in India. The Labour Ministry had ordered that visa applications could be cleared by the Indian missions abroad at their level if the foreign national is skilled and qualified professional, technical experts, senior executives or in managerial positions and those kinds of skills which are not available in India.
more...
chandrajp
08-02 01:33 PM
did you get one? FP is necessary to the EAD
I filed EAD/AP and I485 together when I filed back in June 2005. I did not do any finger printing for EAD then. But for EAD renewal in 2006 and 2007 March, I applied EAD online. Then I had to go to ASC(Application Service Center) to give finger prints(not all fingers for EAD).
I'm one like you, check with your attorney for expert advice
PD : May 2002
Labor Certified : Mar 2005
I140/I485 concurrent filing : June 2005
I140 RFE : Nov 5th 2005
I140 RFE replied : Nov 20th 2005
I140 approved : Nov 30th 2005
I485 RFE : Apr 13th 2007(latest employment letter)
I485 RFE replied : June 18th 2007
I485 approved : June 28th 2007
3 EADs
2 APs
I filed EAD/AP and I485 together when I filed back in June 2005. I did not do any finger printing for EAD then. But for EAD renewal in 2006 and 2007 March, I applied EAD online. Then I had to go to ASC(Application Service Center) to give finger prints(not all fingers for EAD).
I'm one like you, check with your attorney for expert advice
PD : May 2002
Labor Certified : Mar 2005
I140/I485 concurrent filing : June 2005
I140 RFE : Nov 5th 2005
I140 RFE replied : Nov 20th 2005
I140 approved : Nov 30th 2005
I485 RFE : Apr 13th 2007(latest employment letter)
I485 RFE replied : June 18th 2007
I485 approved : June 28th 2007
3 EADs
2 APs
jsb
01-08 09:58 AM
My Case:
Company A applied for GC citing future employment.
Got the EAD.
Currently I am in the pay roll of Company B(sister concern of A) in H1.
What are the things I have to do if I have to work in EAD? Can I use AC21 and move on? Do I have to work for Company A atleast for sometime?
If A sponsored you for your future employment, and still stands to it, there is no AC21. You can continue to work for B on EAD, and join A when you get your GC. If in the meantime, you can find another job offer same/simllar to what A offerred, and prefer to work that one you can join that company as per AC21 provisions
Company A applied for GC citing future employment.
Got the EAD.
Currently I am in the pay roll of Company B(sister concern of A) in H1.
What are the things I have to do if I have to work in EAD? Can I use AC21 and move on? Do I have to work for Company A atleast for sometime?
If A sponsored you for your future employment, and still stands to it, there is no AC21. You can continue to work for B on EAD, and join A when you get your GC. If in the meantime, you can find another job offer same/simllar to what A offerred, and prefer to work that one you can join that company as per AC21 provisions
more...
ashkam
10-16 03:06 PM
Hi,
If u have not recieved ur original fp notice and if lawyer recieved the courtesy copy of ur fp notice,u can take that print and attend ur fp appointment as scheduled.I did not recieve my fp notice by mail,but went and attended successfully my fp appointment with lawyer's copy.Just take passport and ur driver's license for photo identity.(passport only for safe side).
goodluck,
vaishu
By courtesy copy do you mean the original I-797C?
If u have not recieved ur original fp notice and if lawyer recieved the courtesy copy of ur fp notice,u can take that print and attend ur fp appointment as scheduled.I did not recieve my fp notice by mail,but went and attended successfully my fp appointment with lawyer's copy.Just take passport and ur driver's license for photo identity.(passport only for safe side).
goodluck,
vaishu
By courtesy copy do you mean the original I-797C?
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Nil
03-25 09:31 AM
Dude,
AC360 is Andersen Cooper 360
Thanks buddy. i was referring to other programs that have been discussing the same. The point is: The issue is gaining visibility.
AC360 is Andersen Cooper 360
Thanks buddy. i was referring to other programs that have been discussing the same. The point is: The issue is gaining visibility.
more...
sertasheep
05-23 05:07 PM
Hello Pennsylvania Residents,
Please start calling your Senators:
1) Arlen Specter 202-224-4254
2) Here's the response I received from Rob Casey(D-PA)'s office
- (202) 224-6324 The staffer I spoke to(male) said a lot of members from IV had called, and he said they had put forth some important points. Looks like his office is really listening.
Please start calling your Senators:
1) Arlen Specter 202-224-4254
2) Here's the response I received from Rob Casey(D-PA)'s office
- (202) 224-6324 The staffer I spoke to(male) said a lot of members from IV had called, and he said they had put forth some important points. Looks like his office is really listening.
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July2007
01-21 04:41 PM
AC 21 allows a job change after 180 days pending of I-485. Will that allow a job change for a similar job position that is employed by a US company but work internationally (i.e. not working in the US)?
Thanks!
Thanks!
more...
insbaby
08-24 12:34 PM
I believe they would process the application within 15 days. It doesnt necessarily have to be an approval or denial, they can even send a RFE.
Once you respond to the RFE, its not necessary that they have to process your case with in 15 days.
TRUE.
It is 15 days (not business) including week ends.
Here are some hidden facts:
* 15 days window DOES NOT start from the day USCIS receives application.
* 15 days window DOES NOT start from the day USCIS sends a NOTIFICATION (Yes !!!)
* 15 days window starts ONLY when you see an LUD change with a description "Request for Premimum Processing" updated in USCIS system.
* When there is an RFE, the 15 days window clock STOPS.
while( case != approved && case != denied )
{
* RFE is issued
***** 15 days clock now is reset to 0 *****
* 15 days window DOES NOT start from the day USCIS receives RFE Response.
* 15 days window DOES NOT start from the day case status says "RFE Response received".
* 15 days window starts ONLY when you see an LUD change with a description "Case Resumed" updated in USCIS system.
}
Once you respond to the RFE, its not necessary that they have to process your case with in 15 days.
TRUE.
It is 15 days (not business) including week ends.
Here are some hidden facts:
* 15 days window DOES NOT start from the day USCIS receives application.
* 15 days window DOES NOT start from the day USCIS sends a NOTIFICATION (Yes !!!)
* 15 days window starts ONLY when you see an LUD change with a description "Request for Premimum Processing" updated in USCIS system.
* When there is an RFE, the 15 days window clock STOPS.
while( case != approved && case != denied )
{
* RFE is issued
***** 15 days clock now is reset to 0 *****
* 15 days window DOES NOT start from the day USCIS receives RFE Response.
* 15 days window DOES NOT start from the day case status says "RFE Response received".
* 15 days window starts ONLY when you see an LUD change with a description "Case Resumed" updated in USCIS system.
}
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Lacris
07-17 08:33 PM
They are increasing the fees only for the other apllications. I-485 and the related ones will maintain the same fees until August 17th. I think it says so on the announcement from USCIs.
more...
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texcan
02-04 04:28 PM
Does anyone know if you need a visa to visit the Grand Turk island? I am on an H1B in the US and taking a cruise to the Bahamas and T&C in April. The
ship stops over at Grand Turk for 6 hours.
Not sure about specific places, but in general problems are when you are coming back to US.
If you have stamped and valid h1b for returning back to US, you should be fine.
I have not had any issue or heard of any issues while visiting mexico, hawaii or alaska
HTH
ship stops over at Grand Turk for 6 hours.
Not sure about specific places, but in general problems are when you are coming back to US.
If you have stamped and valid h1b for returning back to US, you should be fine.
I have not had any issue or heard of any issues while visiting mexico, hawaii or alaska
HTH
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senk1s
11-26 06:47 PM
----
1) I got my EAD 3 months back. Also received my AP in Oct. Typically how long is the journey from EAD to actual GC?
There is no correlation between the two. GC is based on your priority date and nationality
2) When does the 180 day period for AC21 begin? The day I sent my 140/485 packet or the receipt date (behind the cashed check) of my 140/485 application?
The sending date has no significance. It should be the receipt date (sometimes notice date is 'better')
3) Now that I have my EAD, do I need to do anything at this point? I already have a SSN. Does the SSN change after getting EAD? Do I need to apply for I-9 or something?
If you are working on H1, nothing
4) Have people been successful with AC21? What if I want to move on to another role (different in responsibilities from my current role)? Can I still use AC21?
You may read all about AC21 here
http://immigrationvoice.org/forum/forumdisplay.php?f=72
PS: My company lawyers are very unfriendly and rude. So thanks for your help in advance.
If they are being paid for the services, they better give the services - Complain to HR
__________________________________________________ ________________
EB3, TSC, PD - Dec 06, 1st FP done, Filed 140 & 485 during the July rush
1) I got my EAD 3 months back. Also received my AP in Oct. Typically how long is the journey from EAD to actual GC?
There is no correlation between the two. GC is based on your priority date and nationality
2) When does the 180 day period for AC21 begin? The day I sent my 140/485 packet or the receipt date (behind the cashed check) of my 140/485 application?
The sending date has no significance. It should be the receipt date (sometimes notice date is 'better')
3) Now that I have my EAD, do I need to do anything at this point? I already have a SSN. Does the SSN change after getting EAD? Do I need to apply for I-9 or something?
If you are working on H1, nothing
4) Have people been successful with AC21? What if I want to move on to another role (different in responsibilities from my current role)? Can I still use AC21?
You may read all about AC21 here
http://immigrationvoice.org/forum/forumdisplay.php?f=72
PS: My company lawyers are very unfriendly and rude. So thanks for your help in advance.
If they are being paid for the services, they better give the services - Complain to HR
__________________________________________________ ________________
EB3, TSC, PD - Dec 06, 1st FP done, Filed 140 & 485 during the July rush
more...
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imconfused
06-29 08:17 AM
the I-94 stapled to my passport says 20feb2008, since my passport expires on the same day. dont i have to get a new I-94? though 797 is valid more than 1 yr?
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chanduv23
03-31 06:58 PM
It will be great of someone can record and post it on youtube.
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battineni
06-21 11:07 AM
Hi,
Presently workig for company "A"
My PD : Mar 2004 - EB3
140 - Approved - Mar 2008
Now I'm planning to move to another company("B").
What are the chances to keep my PD, even though my company "A" revokes my 140?
what are the chances/risks for Company"A" to revoke my 140??
Thanks for your time.
Presently workig for company "A"
My PD : Mar 2004 - EB3
140 - Approved - Mar 2008
Now I'm planning to move to another company("B").
What are the chances to keep my PD, even though my company "A" revokes my 140?
what are the chances/risks for Company"A" to revoke my 140??
Thanks for your time.
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EB3_SEP04
08-18 10:29 PM
how we applied for expedite advance parole thru the phone - VisaJourney.com (http://www.visajourney.com/forums/index.php?showtopic=177190)
I used these instructions to expedite my wife's AP based on "medical emergency". USCIS did not send me letter asking for evidence of emergency, instead just approved the case the next day. I had taken infopass appt but cancelled it when i saw approval email. some people who went to infopass have been told that AP cannot be expedited at local office and must be done by phone.
File at : Texas Service Center
Method: Paper based
Filed on : 7/24/09
Received by USCIS : 7/27/09
Receipt notice date: 7/28/09
Called USCIS to expedite: 8/10/09
Approval email : 8/11/09
Received approved AP by mail : 8/14/09
-Basically have all info ready (ap receipt notice #, A#, 485 receipt notice #, SSN, date of birth, email address etc).
- If this is your wife's case, have her in the conference as USCIS will not talk to you without her permission.
-Call the ph # on the receipt notice and follow the prompts
-Let the CS rep complete his/her script, and politely answer his/her questions.
-Rep will enter service request in the system and give you a conf # (which i don't know how to use, status is checked by receipt #).
-Rep will say you will receive letter from USCIS within 5 business days, asking to fax/mail the evidence of emergency. be prepared to fax the evidence as soon as you receive letter OR EMAIL. yes they may send you email the second day which is actually better/faster.
*** You may or may not receive the letter from USCIS asking for evidence, in case you don't get one, you may simply receive approval.
Hope this helps anyone looking to expedite AP.
I used these instructions to expedite my wife's AP based on "medical emergency". USCIS did not send me letter asking for evidence of emergency, instead just approved the case the next day. I had taken infopass appt but cancelled it when i saw approval email. some people who went to infopass have been told that AP cannot be expedited at local office and must be done by phone.
File at : Texas Service Center
Method: Paper based
Filed on : 7/24/09
Received by USCIS : 7/27/09
Receipt notice date: 7/28/09
Called USCIS to expedite: 8/10/09
Approval email : 8/11/09
Received approved AP by mail : 8/14/09
-Basically have all info ready (ap receipt notice #, A#, 485 receipt notice #, SSN, date of birth, email address etc).
- If this is your wife's case, have her in the conference as USCIS will not talk to you without her permission.
-Call the ph # on the receipt notice and follow the prompts
-Let the CS rep complete his/her script, and politely answer his/her questions.
-Rep will enter service request in the system and give you a conf # (which i don't know how to use, status is checked by receipt #).
-Rep will say you will receive letter from USCIS within 5 business days, asking to fax/mail the evidence of emergency. be prepared to fax the evidence as soon as you receive letter OR EMAIL. yes they may send you email the second day which is actually better/faster.
*** You may or may not receive the letter from USCIS asking for evidence, in case you don't get one, you may simply receive approval.
Hope this helps anyone looking to expedite AP.
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yabayaba
01-14 02:58 PM
HI,
My EB2 perm labor was approved recently and thinking of filing I 140.
Trying to port my EB3 PD, 09/23/2003 to EB2.
I missed filing I 1485 for my wife in july 2007.
My question is if I go ahead and file I 140 premium for me , lets say it gets approved soon ,my dates will be current.Should I file I 485 for my wife then ?
What happens if they approve my I 485 before I file my wife's 485.
How long it took for you to get the labor aproved?. What are steps and duration it took?
My EB2 perm labor was approved recently and thinking of filing I 140.
Trying to port my EB3 PD, 09/23/2003 to EB2.
I missed filing I 1485 for my wife in july 2007.
My question is if I go ahead and file I 140 premium for me , lets say it gets approved soon ,my dates will be current.Should I file I 485 for my wife then ?
What happens if they approve my I 485 before I file my wife's 485.
How long it took for you to get the labor aproved?. What are steps and duration it took?
salvador marley
04-29 05:05 PM
i want to delete it - send it to the recycle bin where it deserves
archanais
07-19 07:43 PM
I am in a worst scenario , just changed a job couple of months ago. I have labor and I-140 approved from Company A. I have even paid $6000 to company A to sponsor my GC and $5500 for a visa transfer. After joining company B i didn't start labor again. Begging Company A to give an employement letter , they have even cancelled my H1b visa so I can't join them back unless i pay H1b visa transfer fee and a pay-cut. Wondering if it is even worth it ?
Planning to inform this to DOL and USCIS , how employers can be sooo greedy
Planning to inform this to DOL and USCIS , how employers can be sooo greedy