mihird
11-15 10:48 PM
It will be YOUR I-140, not your spouse's...your spouse doesn't even have to disclose your I-140 story while going through F1 stamping...
The trouble only starts when you file 485..now if your spouse is on a F1...the immigrant/non-immigrant conflict of intent could pose a problem...
The trouble only starts when you file 485..now if your spouse is on a F1...the immigrant/non-immigrant conflict of intent could pose a problem...
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saajed
11-16 09:54 AM
Thanks all for the advice.
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saji007
05-03 09:45 AM
1. No need to apply extn with the new employer, when you file for H1-Transfer you get 3 year extenstion
2. You need to apply for new PERM through new employer, as you do not have a pending i-485. In my case I have an EB2 Perm with proiority date of Feb 2008. New company filed for PERM in 2011 and is pending. Once they file for I-140, they will port the priority date from the old PERM. Attorney never told me any thing about job description or any issue as you can even port the priority date from EB3. So i think that does not apply. You will need your I-140 and PERM copies from the current employer while doing the transfer and porting the priority dates.
2. You need to apply for new PERM through new employer, as you do not have a pending i-485. In my case I have an EB2 Perm with proiority date of Feb 2008. New company filed for PERM in 2011 and is pending. Once they file for I-140, they will port the priority date from the old PERM. Attorney never told me any thing about job description or any issue as you can even port the priority date from EB3. So i think that does not apply. You will need your I-140 and PERM copies from the current employer while doing the transfer and porting the priority dates.
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somegchuh
08-22 12:41 PM
I think you are absolutely right. Starting a business without a partnership is nearly impossible because you will be violating the H1 by working for it.
However, if you go into a partnership, that will be like owning stocks of a company. You don't have to work for it.
But you raise a good point about tax return scrutiny when you go for stamping. They can ask how you were making business income.
Has anyone here run a business on H1? What are the tax implications?
I have looked into this and talked to my lawyer. The basic consensus seems to be -- yes you can start your own business (wither alone or in partnership with someone else). But as long as you are on H1B VISA and do not have at least an EAD, you cannot actively(which means you cannot be running the day to day operations) work on your business. You can promote the business perform occasional volunteer work, but cannot be paid for this work.
I believe you can derive profits from the business (check with your lawyer because he's the one who will have to deal with any USCIS headaches), but as with all things, if the profits are high enough, your business may be scrutinized by the USCIS. Also remember when you go to the consulate to stamp your H1B, they will examine your tax records, and you will have to have a good enough explanation as to how you owned the business without violating the H1B status (by actively working on it). It's tricky and unless you are talking about small amounts of money think very carefully about starting your own business.
Since you cannot actively run the business, it makes sense to partner with a person who is authorized to run the day to day operations of the business (either a citizen of the US or a perm resident).
However, if you go into a partnership, that will be like owning stocks of a company. You don't have to work for it.
But you raise a good point about tax return scrutiny when you go for stamping. They can ask how you were making business income.
Has anyone here run a business on H1? What are the tax implications?
I have looked into this and talked to my lawyer. The basic consensus seems to be -- yes you can start your own business (wither alone or in partnership with someone else). But as long as you are on H1B VISA and do not have at least an EAD, you cannot actively(which means you cannot be running the day to day operations) work on your business. You can promote the business perform occasional volunteer work, but cannot be paid for this work.
I believe you can derive profits from the business (check with your lawyer because he's the one who will have to deal with any USCIS headaches), but as with all things, if the profits are high enough, your business may be scrutinized by the USCIS. Also remember when you go to the consulate to stamp your H1B, they will examine your tax records, and you will have to have a good enough explanation as to how you owned the business without violating the H1B status (by actively working on it). It's tricky and unless you are talking about small amounts of money think very carefully about starting your own business.
Since you cannot actively run the business, it makes sense to partner with a person who is authorized to run the day to day operations of the business (either a citizen of the US or a perm resident).
more...
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javaconsultant
03-23 12:03 PM
Guys,
Can we contact Center for Community Change for our cause ?
I watched their Excecutive Director Deepak Bhargava on CPSAN yesterday on
a program of Immigrant Rights.
http://www.communitychange.org/
Ed: Moved to appropriate new thread from news articles thread. Please try to the thread topic when you post. Thanks!
Can we contact Center for Community Change for our cause ?
I watched their Excecutive Director Deepak Bhargava on CPSAN yesterday on
a program of Immigrant Rights.
http://www.communitychange.org/
Ed: Moved to appropriate new thread from news articles thread. Please try to the thread topic when you post. Thanks!
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Leo07
10-05 03:57 PM
This definitely improves the legitimacy of IV and should stop at least some naysayers.
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bbenhill
03-05 06:30 PM
btw her location will be @ Portland, Oregon.
Regards
Hi,
My sister in law will come to US using H4 visa, the problem is the health insurance does not want to cover her pregnancy since the pregnancy is already 6 months.
Any idea how to get insurance for her ?
Really appreciate your help ..
Regards.
Regards
Hi,
My sister in law will come to US using H4 visa, the problem is the health insurance does not want to cover her pregnancy since the pregnancy is already 6 months.
Any idea how to get insurance for her ?
Really appreciate your help ..
Regards.
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sammyb
02-09 10:31 PM
RNGC .. great work done by your little princes ... am eagerly waiting to see the letter ... guess when you post in the forum you have an option to attach certain documents like pdf etc ...
Sammy.
Sammy.
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swamy
12-18 10:47 PM
Hi All,
Me and my wife are traveling to India. We are going for visa re-stamping (consular processing).
Based on the information provided below, can you provide lists of forms/docs that we're supposed to carry with us when we visit the consulate for stamping?
THANKS IN ADVANCE!
- Amit
My visa:
- I entered on H1B. Then I had to change employer so visa was transfered (And they extended it for another 2.5years). So now I have a H1B visa which is valid till June 2009, and passport with expired H1B stamp.
- With the new employer - I've an approved PERM. I140 is pending. I485 is filed. EAD received. Do I need to take approval notices and/or receipt notices of any/all of these stages?
My Wife's visa:
- she entered on H4. Now she has a H1B visa which is valid up 2010, and passport with expired H4 stamp.
Is she required to take approval notices and/or receipt notices of i485.. or my PERM or i140?
I would say just have all the receipt notices handy. They are not required and they didn't ask me for it when I got my visa restamped but you could carry a copy on the day of interview just to play it safe.
Me and my wife are traveling to India. We are going for visa re-stamping (consular processing).
Based on the information provided below, can you provide lists of forms/docs that we're supposed to carry with us when we visit the consulate for stamping?
THANKS IN ADVANCE!
- Amit
My visa:
- I entered on H1B. Then I had to change employer so visa was transfered (And they extended it for another 2.5years). So now I have a H1B visa which is valid till June 2009, and passport with expired H1B stamp.
- With the new employer - I've an approved PERM. I140 is pending. I485 is filed. EAD received. Do I need to take approval notices and/or receipt notices of any/all of these stages?
My Wife's visa:
- she entered on H4. Now she has a H1B visa which is valid up 2010, and passport with expired H4 stamp.
Is she required to take approval notices and/or receipt notices of i485.. or my PERM or i140?
I would say just have all the receipt notices handy. They are not required and they didn't ask me for it when I got my visa restamped but you could carry a copy on the day of interview just to play it safe.
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pappu
01-29 12:51 AM
Could someone here take the responsibility to organize the first confrence call for all TX members? pls get together on a conf call and discuss action items.
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pune_guy
10-05 02:39 PM
In my opinion you should be OK.
I think since you have filed I-485 you are in adjustee status so you need not even be working for the company that filed your GC.
Since your co. got acquired the new co. will have to do a H1 transfer and if USCIS raises any RFE regarding your I-485 app then the new co. can respond on behalf of the old co. with a letter saying that they have acquired the original filer co.
If you get called for an interview at the time of GC approval then again you can take a letter of job offer from the new co. along with the letter of acquisition and you should be OK.
I think since you have filed I-485 you are in adjustee status so you need not even be working for the company that filed your GC.
Since your co. got acquired the new co. will have to do a H1 transfer and if USCIS raises any RFE regarding your I-485 app then the new co. can respond on behalf of the old co. with a letter saying that they have acquired the original filer co.
If you get called for an interview at the time of GC approval then again you can take a letter of job offer from the new co. along with the letter of acquisition and you should be OK.
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UKannan
01-18 03:50 PM
Chances for an audit are 95%:(
How u know that the chances are 95%? Why can't it be 5%? :D
How u know that the chances are 95%? Why can't it be 5%? :D
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extra_mint
05-16 01:31 PM
PD June 12, 2006 NSC
Waiting for my spouse's GC (dependent)
I got mine (primary) over the weekend. Any one else in same boat ?
Me and my spouse didn't applied together, I added her in 2008.
Waiting for my spouse's GC (dependent)
I got mine (primary) over the weekend. Any one else in same boat ?
Me and my spouse didn't applied together, I added her in 2008.
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dh010447
03-24 10:11 AM
Lucky you!! Mine was filed on Jan 5th and still waiting!!
I think the labor certification is slowing going back to 2 years approval time including PWD. 3-6 months for PWD and 1 year to 2.5 years for Labor.
My lawyer ('s assistant) told me yesterday that the PWD's are taking 6 to 8 weeks to come back. 8 weeks have past now, didnt really want to force the issue though as it's not just me that's waiting.
i have until July 1012... Hopefully enough time for my PERM approval...
I think the labor certification is slowing going back to 2 years approval time including PWD. 3-6 months for PWD and 1 year to 2.5 years for Labor.
My lawyer ('s assistant) told me yesterday that the PWD's are taking 6 to 8 weeks to come back. 8 weeks have past now, didnt really want to force the issue though as it's not just me that's waiting.
i have until July 1012... Hopefully enough time for my PERM approval...
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s_prakash33
06-05 07:46 PM
i too got the same number of soft LUDs after nsc recieved the reply to the rfe. .... r we getting gc soon :) .. my pd is April 2004 eb3
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lacrossegc
08-13 12:28 AM
Yep congratulations indeed
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EndlessWait
07-23 01:43 PM
huge 1 micro second late and will be pending for "quota unavailability"
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shirish
09-10 10:47 PM
When did you receive the rfe letter in mail? Was there any LUD (last update date) on your case or any status change on the uscis website online?
Also can you please post your details like RD, ND also where was it sent and where was it transfered,.
Mine was NSC-> VSC-> TSC with RD july27th ND sep 27.
I am expecting rfe for medicals since my lawyer did not send my medical reports with the application :)
I got an RFE on I-485 for the incomplete medicals. The RFE says that a 'specific' test results are missing and they need that test results to complete my application. I went to the same doctor and the lady there said, I did take that 'specific' test last year when I had medicals, but doctor forgot to mention that results in I-693. She said she is going to fill out a new I-693 form with all the results including the missing one (from old results) and will give me that sealed cover. Will this be enough? or do I need to take that 'specific' tests now and send the results?
I am planning to send the results tomorrow overnite.
Also, my Immigration Office number is 009 with TSC. Anybody got any approvals from this IO?
Also can you please post your details like RD, ND also where was it sent and where was it transfered,.
Mine was NSC-> VSC-> TSC with RD july27th ND sep 27.
I am expecting rfe for medicals since my lawyer did not send my medical reports with the application :)
I got an RFE on I-485 for the incomplete medicals. The RFE says that a 'specific' test results are missing and they need that test results to complete my application. I went to the same doctor and the lady there said, I did take that 'specific' test last year when I had medicals, but doctor forgot to mention that results in I-693. She said she is going to fill out a new I-693 form with all the results including the missing one (from old results) and will give me that sealed cover. Will this be enough? or do I need to take that 'specific' tests now and send the results?
I am planning to send the results tomorrow overnite.
Also, my Immigration Office number is 009 with TSC. Anybody got any approvals from this IO?
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anilsal
01-01 02:37 AM
Some of us went through the backlog centres of labor that took 24+ months. So we all understand the trauma associated with the wait. :(
saimrathi
07-09 12:46 PM
PLease post the link..
DOS issued one more bulletine today on 9th July 2007 !!!!!!!!!!!!!
DOS issued one more bulletine today on 9th July 2007 !!!!!!!!!!!!!
senthil1
06-28 01:14 PM
Why do you think it is good news? Same Senators will be there in the Senate. Do you think they will accept skil? Not only skil any major immigration bill like AGRI, DREAM act will be stalled till next election.
ofcourse a very good news...but at the same time if VB for next month is disappointing , what will be next plan of action.. to have SkILL bill or any way to have interim bills passed?
ofcourse a very good news...but at the same time if VB for next month is disappointing , what will be next plan of action.. to have SkILL bill or any way to have interim bills passed?
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