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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DDD
06-21 12:58 PM
It would be a good idea to post some of your works. Or some references.
ashwaghoshk
01-19 09:48 AM
1. Yes it is true that nurses and physical therapists dont need to undergo any labour certification process. They can file the I140 directly. The only thing that they need to do before filing an I140 is that the hospital in which they are working will have to post an internal ad for 10 days. The ad will display the nurse wage and other details. Once you are done with displaying it for 10 days they can file the I140 directly.
2. Nurse dont fall under H1B category. There is a specail category called T1 visa under which they fall. Since nurse degree is not at par with other graduation degrees like physical therapists they will not fall under H1. Irrespective of that, if the GC is filed for a nurse it will automatically go under the EB3 category.
PTs and nurses had a special provision in 2005 and 2006 where they were getting green card on arrival. It is called a Schedule A category which gave 50k visas to these medical professionals few years back. At that time the requirement for nurse and PT was quite high and that's what caused the Bush administration to introduce those 50k visas. These visa exhausted soon and since Oct 2006 this category is also retrogressed.
We dont know when the nurses and PTs will see the relief again; till then they continue to fall under the long EB3 queue.
Hope that helps
2. Nurse dont fall under H1B category. There is a specail category called T1 visa under which they fall. Since nurse degree is not at par with other graduation degrees like physical therapists they will not fall under H1. Irrespective of that, if the GC is filed for a nurse it will automatically go under the EB3 category.
PTs and nurses had a special provision in 2005 and 2006 where they were getting green card on arrival. It is called a Schedule A category which gave 50k visas to these medical professionals few years back. At that time the requirement for nurse and PT was quite high and that's what caused the Bush administration to introduce those 50k visas. These visa exhausted soon and since Oct 2006 this category is also retrogressed.
We dont know when the nurses and PTs will see the relief again; till then they continue to fall under the long EB3 queue.
Hope that helps
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gcwait2007
07-29 06:02 PM
I am on EAD. my priority date is Oct 2003 EB3.
I got new job that requires security clearance, so applied and got preliminary security clearance and started working as a contractor at Federal worksite.
Now i got letter from Department of homeland security saying i am not allowed to work at Federal worksite because my Adjustment of status is pending from Aug 2007, also saying Contact USCIS to get resolved or provide evidence i am in touch base with USCIS regards to this matter.
Since my priority date is not current, USCIS is not going to anything.
While applying this job i gave my EAD copy. They accepted Now i do know why i got this letter ?
IS there any one had same kind of situation?
Where or whom should I need communicate at USCIS? do they give any letter?
Thanks
Federal assignments are primarily meant for citizens and then in some cases for GC holders. It is impossible for a EAD holder or H1-Bs to join a Fed assignment. I know cases of my friends who have GC and still did not get security clearance from DHS. They moved out of the assignments and moved on in life and career.
I got new job that requires security clearance, so applied and got preliminary security clearance and started working as a contractor at Federal worksite.
Now i got letter from Department of homeland security saying i am not allowed to work at Federal worksite because my Adjustment of status is pending from Aug 2007, also saying Contact USCIS to get resolved or provide evidence i am in touch base with USCIS regards to this matter.
Since my priority date is not current, USCIS is not going to anything.
While applying this job i gave my EAD copy. They accepted Now i do know why i got this letter ?
IS there any one had same kind of situation?
Where or whom should I need communicate at USCIS? do they give any letter?
Thanks
Federal assignments are primarily meant for citizens and then in some cases for GC holders. It is impossible for a EAD holder or H1-Bs to join a Fed assignment. I know cases of my friends who have GC and still did not get security clearance from DHS. They moved out of the assignments and moved on in life and career.
more...
capriol
06-20 01:43 PM
Hi,
I am on Adv-Parole (with EAD) and planning to visit India in July 2010.
I know that UK and France require transit visa, but I was wondering whether I can fly via KLM (Amsterdam) OR Lufthansa (Frankfurt) without any transit visa ?
Will appreciate the response.
Thanks,
Venu.
Hi Venu,
I can say with certainity that transit visa is not required for return through Amsterdam on AP. This year 2010, was my second travel through Amsterdam with AP and the port officials really respected the document and treated me very well.
I am on Adv-Parole (with EAD) and planning to visit India in July 2010.
I know that UK and France require transit visa, but I was wondering whether I can fly via KLM (Amsterdam) OR Lufthansa (Frankfurt) without any transit visa ?
Will appreciate the response.
Thanks,
Venu.
Hi Venu,
I can say with certainity that transit visa is not required for return through Amsterdam on AP. This year 2010, was my second travel through Amsterdam with AP and the port officials really respected the document and treated me very well.
kpdvlr
11-06 07:09 PM
Hi WandMaker,
I am currently on 9th year H1-B and my H1-B expires May 2008. I filed my I-140/I-485 in August and have received the receipt notices. My EAD got approved too.
Can I file for a 1 year H1-B extension based on a pending I-140 even though the I-140 is pending for less than 365 days ?
I am currently on 9th year H1-B and my H1-B expires May 2008. I filed my I-140/I-485 in August and have received the receipt notices. My EAD got approved too.
Can I file for a 1 year H1-B extension based on a pending I-140 even though the I-140 is pending for less than 365 days ?
more...
diptam
07-01 03:59 PM
'Department of Homeland Security'
But if you have put USCIS - dont pull your hairs. You are still okay.
This should be "Department of Homeland Security" per Attorney.
But if you have put USCIS - dont pull your hairs. You are still okay.
This should be "Department of Homeland Security" per Attorney.
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lelica32
07-30 03:20 AM
If she overstay, her Visa will be canceled. She must apply for a new Visa. I overstayed 4 month, no ban, just my Visa was canceled.
more...
Fl4SH'ER
04-19 12:17 AM
now u guys made me hungry... fark...
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solaris27
07-19 10:43 AM
<<date>>
<<NAME>.
Bureau of Citizenship and Immigration Services
Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501
Dear <<NAME>:
This letter is to confirm that <COMPANY NAME> currently employs and intends to offer permanent
full time employment to <YOUR NAME> as an <DESIGNATION> at a salary of <SALARY>. He began employment
with us on [insert date].
His job duties are: [insert the job duties].
If you have any questions regarding this application, please do not hesitate to contact me.
Sincerely,
XXX
Title
<<NAME>.
Bureau of Citizenship and Immigration Services
Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501
Dear <<NAME>:
This letter is to confirm that <COMPANY NAME> currently employs and intends to offer permanent
full time employment to <YOUR NAME> as an <DESIGNATION> at a salary of <SALARY>. He began employment
with us on [insert date].
His job duties are: [insert the job duties].
If you have any questions regarding this application, please do not hesitate to contact me.
Sincerely,
XXX
Title
more...
rayoflight
02-02 04:50 PM
You are welcome. One more thing if its only B1 he cannot come in as B2 (Tourist Visa). Hope this helps. Cheers, Rayoflight
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gimme_GC2006
08-06 09:10 PM
Does any one know on an average how much time it will take to complete background check?
My PD is current this month and there is background check pending on my case..
My PD is current this month and there is background check pending on my case..
more...
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ztopia
03-31 02:32 PM
123 & others,
If u guys transferred over ur H-1, did u wait until u got the actual USCIS receipt (for the H1 transfer) before u started working at the new company?
If u guys transferred over ur H-1, did u wait until u got the actual USCIS receipt (for the H1 transfer) before u started working at the new company?
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fasterthanlight�
05-10 04:04 PM
Thanks! I'm just wondering why I was the first to think of it. MEh.
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spxy
02-16 04:49 AM
Special offer.
Will do 1 free flash banner if placed well for advertising.
Will do 1 free flash banner if placed well for advertising.
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bigboy007
04-07 12:17 AM
There is tons of info on IV's Forums itself. But I think here are key things you might think about :
Same / similar Job desc and Title. Most companies would do some thing like change duties to fit your needs i would make sure of this to be on safe side and also base NOC code as in GC labor. Min things to be considered to be safe. Check with your attorney we all post only what we might see which might not be 100% certain always ...
I had AOS though company A and holding my H1 which is expire in July 2010.
I was interviewed by financial client B for contract to hire postion. I already joining them on 31st March as consultant and at after 2 months end need to convert in fulltime. This job attracts me because of never thinked pay scale and benifits in my life. Company B has record that no one leave them in last 9 years. Or never they lay off anyone.
I told client B that I can work on EAD but HR Manager wants me to transfer my H1 in company B.
JOB work is not same, My AOS based on server administartor and in financial client I am goign to do desktop management.
Is this something right approch to transfer h1b? Will company A can create any problem for my GC process? I already passed 180 days for pending AOS. Another thing is my wife has already used her EAD from h1 and working as fulltime. she is my derivative applicant.
Same / similar Job desc and Title. Most companies would do some thing like change duties to fit your needs i would make sure of this to be on safe side and also base NOC code as in GC labor. Min things to be considered to be safe. Check with your attorney we all post only what we might see which might not be 100% certain always ...
I had AOS though company A and holding my H1 which is expire in July 2010.
I was interviewed by financial client B for contract to hire postion. I already joining them on 31st March as consultant and at after 2 months end need to convert in fulltime. This job attracts me because of never thinked pay scale and benifits in my life. Company B has record that no one leave them in last 9 years. Or never they lay off anyone.
I told client B that I can work on EAD but HR Manager wants me to transfer my H1 in company B.
JOB work is not same, My AOS based on server administartor and in financial client I am goign to do desktop management.
Is this something right approch to transfer h1b? Will company A can create any problem for my GC process? I already passed 180 days for pending AOS. Another thing is my wife has already used her EAD from h1 and working as fulltime. she is my derivative applicant.
more...
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wandmaker
11-01 10:20 AM
PD isn't current, but just check i-485 online status, showing "Document production or Oath Ceremony" (i.e., the last cycle).
There was indeed a soft LUD in June this year. After that nothing much else. Is there sth good coming along my way?
Appreciate if anyone here can share his/her thoughts/comments.
Don't rely on online status, take infopass and check it out. BTW, it is most likely a FP notice, not an approval.
There was indeed a soft LUD in June this year. After that nothing much else. Is there sth good coming along my way?
Appreciate if anyone here can share his/her thoughts/comments.
Don't rely on online status, take infopass and check it out. BTW, it is most likely a FP notice, not an approval.
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sam_hoosier
12-04 04:17 PM
Hi,
I have my EAD. Once I pass the 180 day limit for AC21 portability, can I move to a different state and a different job ? (provided salary and job specifications match )
Thanks,
Sam
Yes, you can :)
I have my EAD. Once I pass the 180 day limit for AC21 portability, can I move to a different state and a different job ? (provided salary and job specifications match )
Thanks,
Sam
Yes, you can :)
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raysaikat
05-21 12:02 AM
I am on my 2nd phase of H1B visa which is valid until 2012.
I want to quit my job and go back to my home country.
How long after I quit my job do I get to stay here to wrap up and ship my stuff??
Does that jeopardize my status? I plan to be here for about 30 days after quitting my job. WOuld that be ok? or is it overstaying?
If I ever need to apply for a tourist visa in future will this jeopardize my chances of getting a visa then?
Thank you!
You have no grace period for staying after your H1-B status becomes invalid (which I believe would happen when you quit your job).
I want to quit my job and go back to my home country.
How long after I quit my job do I get to stay here to wrap up and ship my stuff??
Does that jeopardize my status? I plan to be here for about 30 days after quitting my job. WOuld that be ok? or is it overstaying?
If I ever need to apply for a tourist visa in future will this jeopardize my chances of getting a visa then?
Thank you!
You have no grace period for staying after your H1-B status becomes invalid (which I believe would happen when you quit your job).
Administrator2
11-08 09:12 PM
I've read the first two chapters of the book. The first chapter provides an excellent insight into the history of Immigration. Although we had some knowledge of how things progressed in recent past, this book provides is an extremely relevant and detailed true description of the events, the bills in 1990s, 2006 and 2007, and so on.
For those of us who care about our green cards and large debate surrounding the issues affecting us, you will find this book learning and worthy experience.
For those of us who care about our green cards and large debate surrounding the issues affecting us, you will find this book learning and worthy experience.
grupak
08-15 11:03 AM
I have been asked filled out a new I-9 form; I mailed it to my employer along with the copy of approval notice and plastic card.
Thanks Wandmaker. Its clear (I think) what to do if you have the plastic... but what if you only have the approval notice I-797 (not the physical green card) and new EAD/H1B (which is not useful now), and need to file a I-9 because the old one is expiring.
Consider a hypothetical situation : current EAD expires August 20, I-9 expires August 20, have a new EAD valid from August 21 for one more year. And also have an approval notice for the green card but no green card yet. If the plastic doesn't come by Aug 20th, can the I-797 for the green card be used to file I-9 and continue employment? The new EAD is probably not valid anymore.
Thanks Wandmaker. Its clear (I think) what to do if you have the plastic... but what if you only have the approval notice I-797 (not the physical green card) and new EAD/H1B (which is not useful now), and need to file a I-9 because the old one is expiring.
Consider a hypothetical situation : current EAD expires August 20, I-9 expires August 20, have a new EAD valid from August 21 for one more year. And also have an approval notice for the green card but no green card yet. If the plastic doesn't come by Aug 20th, can the I-797 for the green card be used to file I-9 and continue employment? The new EAD is probably not valid anymore.
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