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  • 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.




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  • smartboy75
    08-05 11:33 AM
    Some more information on this....I just spoke to another CSR @ NSC and asked her about Extended review....she mentioned that it is a normal process and that they have various agencies involved and that they r waiting for response ...did'nt mention what the agencies are or what is it that they r waiting on....also I asked her if I should take and INFOPASS appointment to find out more....she said that would'nt be of any help cause they will also not be willing to tell me more.....

    She said wait for about 90 days and if you still don't here from us ..give us a call and we can then take it from there....

    I guess I am going to stop worrying and expecting any results soon...lets just wait and see....

    will keep u guys posted...

    Cheers




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  • vijay1974
    09-11 01:14 PM
    Rally shoud emphasize that its not for increase in any H1B visa but to provide relief for people who are going through AOS to cut down the amount of time whole adjustment process takes.




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  • gregspirited
    08-19 05:38 PM
    Hello Guys,
    I have been working with my current employer for last 3 years as Software engineer and filed for PERM last October (18th Oct 2007). My six year H1-B limit expires in January 2010.
    Now I'm getting an opportunity to move into Technical Program Management internally (within the same company).
    I have couple of questions based on the above scenario

    1. Is it safe to take the new opportunity since I have to start over my PERM process (given the backlog in Atlanta center) and also given the amount of time left in my H1-B (approx 15 months left)?

    2. If I file a new PERM application now, can I use the experience that I gained in this company as part of the app OR should I use only my previous employer's experience (which was 3-4 years ago and has little relation with what I might do in program management) for the PERM app?

    Your replies are greatly appreicated and thanks for your time



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  • mudigondag
    01-25 12:32 PM
    Thanks. I see the same from murthy.com
    The requirements are that (a) the foreign national must be the beneficiary of a labor certification filing made 365 days prior (or I-140 for those cases that do not need the labor filing); or (b) the labor and I-140 must be approved, with no visa number (based upon the priority date) available.
    MurthyDotCom : Filing LC during 6th Year of H1B (http://www.murthy.com/news/n_lc6th.html)




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  • roseball
    07-26 09:11 PM
    My spouse was on H4 then got a job and changed to H1. Subsequently spouse lost her job and is now back on H4. I have been on H1 throughout and my six years of H1B visa expire in 2010. MY spouse I and want to get our H1 and H4 visa stamped in Mumbai consulate.

    Does any one think that the changeover from H4 to H1 and then again to H4 could be a reason to be concerned about for getting the visa stamped at the consulate?

    Appreciate your valauable advice.

    When you wife lost her job, I assume you filed a Change of Status from H1 to H4 for her. Her status does not convert back to H4 unless you file a COS. As long as you show proof of legal stay in whatever status you were in US, and you have all supporting documents to submit during the visa interview, I dont see any issues for getting your visa. Its good to take all paystubs that your wife got while she was working on H1. I know of one case, where the visa officer asked for wife's paystubs during her H1 status though she was attending a H4 visa interview. She did not have them with her but the officer still granted her the H4 visa. But I guess she got lucky that time and its good to carry them.



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  • gjain
    11-02 09:35 AM
    Hello everybody,

    I am trying to locate people from the nebraska service center, who have a received date of aug 15th and notice date of Oct 11.
    Please let me know if any of you have received ypur EAD yet or is it approved yet?

    I am running out of patience.

    Thanks,




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  • bhatt
    04-02 02:21 PM
    I did it online on 3/21/09 and got approved for me and my wife on 3/31/09. 10 days total turn around! I was amazed to see USCIS's efficiency on cases filed online. I heard the opposite that if you file online it was taking long time. Mine was at NSC

    For TSC paper filing is faster than eletronic filing;).



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  • ajpreddy
    08-23 11:36 AM
    I did change my address when my 140 is pending, i did take care of AR11 form and after that you will be given a screen for change of address on the pending applications, i did do that too.
    After 3 days LUD was also changed with the new address change, i received a letter from USCIS about the change of my address on file.
    My 140 also approved successfully on 08/15/2007




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  • ravi98
    04-27 12:33 PM
    In Wake of Immigration Law, Calls for an Economic Boycott of Arizona - NYTimes.com (http://www.nytimes.com/2010/04/27/us/27arizona.html?ref=us)

    La Opini�n, the nation�s largest Spanish-language newspaper, urged a boycott in an editorial Monday, as did the Rev. Al Sharpton, and calls for such action spread to social media sites. The San Francisco city attorney and members of the Board of Supervisors said they would propose that the city not do business with the state.

    They followed the lead of Representative Ra�l M. Grijalva, Democrat of Arizona, who had urged conventions to skip the state, though other Democrats who oppose the law, including Mayor Phil Gordon of Phoenix, pleaded for people not to punish the entire state.

    Tourism and convention managers, struggling to rebound from the recession, said it was too soon to tell if the effort would have an impact, but some businesses said people were turning away from the state.

    At the Arizona Inn in Tucson, the manager, Will Conroy, said that over the weekend 12 customers canceled reservations or said they would not return to the state because of the law.

    Tourism officials said such accounts were not widespread, but they were concerned that the rancor was tarnishing the state�s image and were mindful of the boycott in the 1980s that led to Arizona�s officially observing Martin Luther King�s Birthday after initially rejecting it as a holiday.



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  • Rb_newsletter
    06-16 09:39 PM
    L1s don't visit these sites because most them don't apply for green card. L1s are majorly used by big companies like TCS, Infosys, etc. Those big corporates won't apply for GC. Very rarely based on relationship and long service some apply for GC.

    I see lots of L1 bashing. In reality L1s are pitier than H1s. L1 cannot transfer their visa and change job as H1s do. They have to wait till H1 quota to open up for changing jobs. They run in a rat race to keep their manager happy to get better rating in their appraisal.

    PS: I am on H1 status.

    6 to 1...... maybe L1 guys don't visit this forum since they already got thier GCs....:rolleyes:
    H1 loosers still hanging here.....




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  • Blog Feeds
    03-21 09:30 AM
    Dallas-Fort Worth Immigration Lawyer Has Just Posted the Following:
    Nearly 300 illegal immigrants with criminal convictions were arrested last week in Texas, the Dallas Morning News (http://www.dallasnews.com/sharedcontent/dws/news/texassouthwest/stories/022510dnmeticeraids.1572cfa1e.html) reports. The largest number of arrests, 119, were in North Texas. According to the article:

    Of the total, about half of the immigrants had convictions for violent crimes or drug offenses. Most of the crimes were committed in the United States, authorities said.

    The arrests, though, raises questions about why the immigrants hadn’t been deported earlier, immediately after they'd served their time for criminal convictions.

    A new program, called Secure Communities, seeks to link jail staff with federal data banks to ensure that those with criminal convictions are removed from the country. There are only 110 jail locations in the country that now use the program.

    Secure Communities has come under scrutiny for the relatively low number of persons caught who have been convicted of violent crimes – or what’s known in ICE as a "level one" offense.

    Carrollton, Farmers Branch, Irving, Mesquite and Dallas and Denton counties are among the jurisdictions using Secure Communities processes. The program began in November 2008.





    More... (http://dfwimmigrationlaw.clarislaw.com/immigration-news/300-immigrants-with-criminal-records-arrested-in-texas.php)



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  • thomachan72
    03-18 08:58 AM
    What are the rules for getting a new 3 X 2 year H1.
    Person leaves US while on the 5th year in November 07.
    applies for H1b in april 08 and gets new H1b valid from Oct 08 to March 09.
    However re-enters US only after 365 days of external stay in december 08 (not in Oct 08).
    Is he eligible for a new 3X2 year H1 or can he obtain only a year extension to recapture the time spent abroad (365 days)?




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  • maalelsi
    10-14 09:18 AM
    I need help.My EAD has finally been approved and so has my I-140. I am now working for the petioning company but the pay checks are made out by a payroll company hired by petioning company to manage their staffs paychecks but their is no mention of the pertioning company on the paycheck I receive.. Can this be a problem if I should receive a RFE in the future for the still pending I-485 or eventually when I apply for citizenship?:confused:



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  • hoolahoous
    02-10 10:54 AM
    some retaliations (for wistleblowers) based on race, ethnicity etc. are illegal. however if it was just because they didn't agree with your behavior or business related thoughts then they are perfectly okay firing you.
    saying that usually the onus is on the company to prove that it was not because of any of the protected category (race, ethnicity etc.)

    -----------------------------------------
    I am not a lawyer. do not take this as a legal advice.




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  • sanju_dba
    11-10 03:10 PM
    waiting for some IVan with tareek clip

    it was about remembering just my Birthday date... now..

    PD Date
    VB Date
    EAD expiry date
    H1B expiry date ( ETA9035E date,reciept date,approval date )
    if you have vacation , then POE date .
    I94 date,
    ... any thing else to add ?



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  • purgan
    04-04 08:52 PM
    HI All,

    Anyonw planning on going to school this year full time? I am planning to...I have an EAD/AP that I can use and I know several IV'ans may be debating the same isssue

    Now for the gurus who have already researched this:
    1. Can one avail of financial aid (FAFSA) if has Advanced parole. I'm not 100%sure because its says 'indefinate parole" and i'm not sure if ours can be classified as "indefinate"
    2. How does one activate EAD/AP (does one have to travel outside the country). I am currently still on H1B with 3 year extension granted but visa not stamped
    3. One can go to school F/T on EAD. But what are the options to preserve one's PR application (..after all its been over 5-6 years since we filed are applications)...assuming its been over 6 months since I485 was filed and AC21 benefits kick in. And, is a leave of absence a better option than quitting.

    I wanted to start a debate of what we are doing because I know several of us will be in the same boat.




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  • hari-patti
    10-11 09:41 AM
    HI Folks

    The reason for this post is as usual- too much confusion and no clear answers. i read on oh law firm that if you are not in a non-immigrant status i.e are working on EAD, there should be no gap in your EAD while you are working. Meanin you should stop working if your current EAD expires and your new EAD is pending- otherwise its a violation of law and provisions of 245 do not protect you because technically you are NOT a non-immigrant.

    Is that true?????

    Now, i recently had to go to India for an emergency, and had to come back on AP- did not have time to get my H1b visa stamped. I asked at the immigration counter if my H1b is invalidated and he told me it is. I spoke to my lawyer and she told me if you resume your H1b employment with the same employer- you are back in status- i kinda did not buy that though.

    Can someone please shed light. My concern is that my EAD is expired- new one is pinding. Although i was on h1b when i left for India, but came back using AP. Am i breaking a law by working??

    thanks




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  • krustycat
    01-09 04:50 PM
    Did you contact them?What did they say?Did you receive any EAD or AP because some people receive those even before getting receipt numbers???

    Yes, I contacted them several times. They only ask you to wait more.
    I also have sent two emails to DHS, CIS Ombudsman's office. They asked me to use a Form 7001.
    I sent the Form 7001 to CIS Ombudsman on Nov/07. I didn't even get a receipt confirmation from Ombudsman's office.
    I was able to open a service request after 5 months of waiting, on Dec/07. I'm still waiting for a reply about the SR.
    I faxed a letter to the service center.
    Nothing so far.
    It's seems like the package got lost (as well as my lawyer :p ).

    I just wanted to show you that there is more people in the same situation from July.
    Hang in there!

    Best of luck.




    guy03062
    07-06 02:42 PM
    07/06/2007: Hard Working Women and Men in USCIS Behind the Visa Number Fiasco

    From the information available thus far, this reporter believes that no one in the agencies intended to bring about this fiasco. It was lack of close communication and coordination between the USCIS and the DOS and more or less a poor handling of the situation at some level within the USCIS. The people should remember that there are many and many women and men in the agency involved who worked hard just like you and me to do the given jobs, including managers, supervisors, and other higher ups. The agencies should take this fiasco as a good opportunity to learn a lesson on what could go wrong in the management of immigration services and responsibilities affecting hundreds and thousands of other human beings. This reporter has been visiting the field offices, particularly Nebraska Service Center and other local field offices, almost every single year for over past 20 years and have met the "human" faces of hard working officers and other workers working in tiny cubicles and facilities that cannot be described as fancy offices but more or less factories and plants. When I report the current news, this reporter sees the faces of the women and men that I have met who worked in the not necessarily fit office space and environment. Without doubt, the current fiasco should be one way or another corrected and prevented in the future. However, the people should not take this opportunity to dehumanize the current event and easily demonize other people with no faces. Probably this is the time when these women and men need most an emotional support and boost from their invisible customers. After all, things will go through the legal process or other processes to correct the mistake. Low morale of these women and men will help no purposes and causes. On behalf of our readers, we want to send a big "CHEER UP" to these women and men!

    Source:- http://www.immigration-law.com/




    sledge_hammer
    07-01 09:10 AM
    Hello all,

    I need clarifications on how to answer certain questions in the I-134 form. Can someone here please help?

    __________________________________________________ _______________
    2. I am __ years of age and have resided in the United States since (date) ______

    Do I enter the date I first landed in the US, or the most recent landing?

    __________________________________________________ _______________
    3. Name of spouse and children accompanying or following to join person:

    I am sponsoring my mother and father. Do I name them here? Or should I have separate I-134 forms for each parent and leave "Name of spouse" above blank?
    __________________________________________________ _______________
    7. I am employed as or engaged in the business of _______ with _______

    Should I enter my company's business type in the first blank and name of the company in the second blank?____________________________________________ ______ _______________
    8. The following persons are dependent on me for support:

    My wife and I file our tax as married/joint, and we do not claim each other as dependents. Should I leave the above item blank? Do I leave this blank?
    __________________________________________________ _______________
    9. I have previously submitted affidavit(s) of support for the following person(s). If none, state none.

    I had sponsored my wife's H4 when she came to the US 2 years ago. I'm not sure if I did I-134. Do generally people file this during H4 sponsorship?
    __________________________________________________ _______________
    10. I have submitted a visa petition(s) to U.S. Citizenship and Immigration Services (USCIS) on behalf of the......Date Submitted?

    I had of course sponsored my wife's H4. For date submitted, what date should I use?
    __________________________________________________ _______________
    11. I xIntend xdo not intend to make specific contributions to the support of the person(s) named in item 3

    What should I enter here?
    __________________________________________________ _______________

    Thanks in advance!



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