prabasiodia
03-18 07:47 AM
Anyone can start a C-Corp in USA, (s)he is not even needed to be present in USA. If you're present then you must be legally present; any valid visa or EAD etc. will do.
The issue becomes a wee bit trickier when it's time to remunerate yourself like drawing a salary. From IRS's point of view, an LLC is nothing more than a proprietorship (sole or partnered), a disregarded entity. Since the income must be filed with your own tax return, it's a "no go" for most H visa holders. For the same reason, most would not want to start an S-Corp. Sice GotFreedom? is on H1 and started an LLC, I would like to know how he's managing his tax returns? I really don't know how does filing tax returns get affected by your spouse's visa status, specifically when you're married and filing jointly.
Apart from the visa situation, you should be concerned about the liability. What if one of your customers wants to sue you? LLC provides "LIMITED" liability protection. if you're not concerned about liability at all, then I would suggest to start as a Sole Proprietorship. You've nothing to do (if you're starting the business in your name such as Mike Hofner's Deli) except to earn money :-) and report it as income in your tax returns. If you want to give a separate name to your entity, file a DBA (Doing Business As) with your state.
C-Corp is a safe bet for all types of visa holders of all nationalities. But there is a lot of bookkeeping you'll have to do. Hope this helps!!
The issue becomes a wee bit trickier when it's time to remunerate yourself like drawing a salary. From IRS's point of view, an LLC is nothing more than a proprietorship (sole or partnered), a disregarded entity. Since the income must be filed with your own tax return, it's a "no go" for most H visa holders. For the same reason, most would not want to start an S-Corp. Sice GotFreedom? is on H1 and started an LLC, I would like to know how he's managing his tax returns? I really don't know how does filing tax returns get affected by your spouse's visa status, specifically when you're married and filing jointly.
Apart from the visa situation, you should be concerned about the liability. What if one of your customers wants to sue you? LLC provides "LIMITED" liability protection. if you're not concerned about liability at all, then I would suggest to start as a Sole Proprietorship. You've nothing to do (if you're starting the business in your name such as Mike Hofner's Deli) except to earn money :-) and report it as income in your tax returns. If you want to give a separate name to your entity, file a DBA (Doing Business As) with your state.
C-Corp is a safe bet for all types of visa holders of all nationalities. But there is a lot of bookkeeping you'll have to do. Hope this helps!!
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Honda
09-05 03:59 PM
You need to wait another 5 years to get your GC. That's my prediction.
cooldude
08-05 11:51 AM
I filed 485 with G28 form and I just got the receipt yesterday.
Details:
I485 - Myselft & Wife filed on July 2nd 7:55 am NSC
Received receipts for both yesterday August 3rd.
Sit tight and relax, everyone will get theirs.
I thought your lawyer is supposed to get the receipts if you had filled G-28.
Details:
I485 - Myselft & Wife filed on July 2nd 7:55 am NSC
Received receipts for both yesterday August 3rd.
Sit tight and relax, everyone will get theirs.
I thought your lawyer is supposed to get the receipts if you had filled G-28.
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mps
08-15 05:02 PM
You need to read AC21 carefully
On exploring this topic further, I found that, at times, DOL conducts an audit to check if the employer paid the proffered wage to the beneficiary after GC approval. In case of a violation, DOL bans the employer from processing further H1�s or GC�s.
On rare occasions, USCIS revokes previously approved GC�s in case of fraud.
Also during naturalization, USCIS checks the duration of employment with the GC position after I-485 approval. Naturalization might be denied if the duration of employment is very short.
On exploring this topic further, I found that, at times, DOL conducts an audit to check if the employer paid the proffered wage to the beneficiary after GC approval. In case of a violation, DOL bans the employer from processing further H1�s or GC�s.
On rare occasions, USCIS revokes previously approved GC�s in case of fraud.
Also during naturalization, USCIS checks the duration of employment with the GC position after I-485 approval. Naturalization might be denied if the duration of employment is very short.
more...
eb3_nepa
01-08 04:22 PM
How did you guys manage to get H1's so recently from H4?
Is there a way that H4 are exempt from the H1 quota?
Is there a way that H4 are exempt from the H1 quota?
akred
03-09 02:08 PM
Priority date is the date on which a permanent labor certification was filed for a beneficiary and based on which an underlying I-140 petition is applied.
should be:
Priority date is defined in two ways -
a) For cases with a labor certification, the date on which a permanent labor certification was filed for a beneficiary and based on which an underlying I-140 petition is applied.
or
b) For cases without an underlying labor certification, the date on which the I-140 petition was applied for.
should be:
Priority date is defined in two ways -
a) For cases with a labor certification, the date on which a permanent labor certification was filed for a beneficiary and based on which an underlying I-140 petition is applied.
or
b) For cases without an underlying labor certification, the date on which the I-140 petition was applied for.
more...
a_yaja
05-03 10:44 AM
Hi Guys,
My experience with driver's license renewal in Ohio with EAD/expired-H1 was a pleasant surprise.
All I said was that I was a green card applicant, showed them my I-485 application receipt, and got a license valid for 4 years.
Smooth. What a surprise.
Hey - can you please tell me where you applied for the 4 yr DL. I have always got my DL extended only till I-94 expiry or of late - till my EAD expiry. I renew my DL in Columbus. Can you please share your experience as to where you got your DL renewed?
My experience with driver's license renewal in Ohio with EAD/expired-H1 was a pleasant surprise.
All I said was that I was a green card applicant, showed them my I-485 application receipt, and got a license valid for 4 years.
Smooth. What a surprise.
Hey - can you please tell me where you applied for the 4 yr DL. I have always got my DL extended only till I-94 expiry or of late - till my EAD expiry. I renew my DL in Columbus. Can you please share your experience as to where you got your DL renewed?
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vrbest
03-30 07:36 AM
You can write it... no issues.,.
Thank you guys for helping me.
Could you tell me please if it's ok to write where it's written "purpose of trip"........that I want to travel to visit my parents......is it ok with Uscis if I write that? Or what else should I write.
Thanks again!
Thank you guys for helping me.
Could you tell me please if it's ok to write where it's written "purpose of trip"........that I want to travel to visit my parents......is it ok with Uscis if I write that? Or what else should I write.
Thanks again!
more...
PALLO
04-20 06:07 PM
thanks for your input. Is it possible to do labor at multiple locations simultaneously?
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vin13
01-08 11:06 AM
I returned back from India a few days ago. My experience was very similar to "LostInGCProcess". The only difference was that i had only 2 copies of AP. They kept one and gave me one.
So, it should not be a problem if you have 2 AP copies. Just make sure you come out of Immigration with 1 copy for your future travels.
They will not take the only copy you have if you make another trip out of the country before it expires.
You need just the AP and Passport. Please let the officer know that you are using AP. Or they will keep looking through your passport for a visa.
It is good to have supporting documents such as I-485 receipt, I-140 approval, recent paystubs, employment letter from your HR (stating you are still employed). As 'LostInGCProcess" said, please do not provide them until reqested
So, it should not be a problem if you have 2 AP copies. Just make sure you come out of Immigration with 1 copy for your future travels.
They will not take the only copy you have if you make another trip out of the country before it expires.
You need just the AP and Passport. Please let the officer know that you are using AP. Or they will keep looking through your passport for a visa.
It is good to have supporting documents such as I-485 receipt, I-140 approval, recent paystubs, employment letter from your HR (stating you are still employed). As 'LostInGCProcess" said, please do not provide them until reqested
more...
intheyan
08-14 06:42 PM
Congrads. Did your dependent got approved I-485?
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IVFOREVER
03-26 04:42 PM
EB2 will stay the same as April 08 VB.
more...
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h1jail
08-08 09:29 PM
Hello,
I did not see any posts regarding "1 year H1 extension approval when filed for 3 years". If this discussion is already in place, please point me to appropriate thread so that I could close this one.
I applied for 3 years H1 extension on 6/26/2007 with approved I-140. My priority date (EB3 -Sep 2003) was not current on 6/26/2007 when I applied for 3 year extension. I got an approval notice today which is valid for only one year. I want to know if this is an error from USCIS so that I could ask to ammend 2 more years.
Thanks!
I did not see any posts regarding "1 year H1 extension approval when filed for 3 years". If this discussion is already in place, please point me to appropriate thread so that I could close this one.
I applied for 3 years H1 extension on 6/26/2007 with approved I-140. My priority date (EB3 -Sep 2003) was not current on 6/26/2007 when I applied for 3 year extension. I got an approval notice today which is valid for only one year. I want to know if this is an error from USCIS so that I could ask to ammend 2 more years.
Thanks!
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mmk123
07-17 11:29 AM
I agree as well as dis-agree.
numberUSA give this argument for all the immigration communities which I am sure is from a different perspective (xenophobic or race). They just don't want any immigrants no matter what.
I am talking only about this crisis and merely from economic point of view. About choosing based upon what is good for the economy and what is not.
Thanks,
M.
numberUSA give this argument for all the immigration communities which I am sure is from a different perspective (xenophobic or race). They just don't want any immigrants no matter what.
I am talking only about this crisis and merely from economic point of view. About choosing based upon what is good for the economy and what is not.
Thanks,
M.
more...
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madhu345
07-27 09:06 AM
I don't think its required to work 100% while you an EAD, most of us apply EAD for spouses along with us, but how many are going to start work?
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LostInGCProcess
01-08 12:54 PM
LostInGCProcess, Since you used AP to enter do you now loose your H1 status? just curious to know.
I read in other blogs that your status would be AOS if you enter using AP and not H1-B. If you need to retain H1-b then your I-94 needs to be stamped as that at the port of entry.
Any comments......
No. One can continue to work on H1 if its the same company.
I read in other blogs that your status would be AOS if you enter using AP and not H1-B. If you need to retain H1-b then your I-94 needs to be stamped as that at the port of entry.
Any comments......
No. One can continue to work on H1 if its the same company.
more...
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gcdreamer05
07-03 02:01 PM
Please dont take risk travelling while the h1b petition is pending.
I would advice not to travel during this case.
I would advice not to travel during this case.
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FinalGC
02-13 01:11 PM
No more slavery to Desi Consulting companies, so help IV to help U get the GC.
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grupak
12-13 04:11 PM
I'm thinking about pursuing maser degree of Biostatistics.
I heard the job market demand is high and
most jobs require master degree at least.
As a research assistance, biostatistician, research analyst..
Could I apply as EB2 ?
Am I qualifed?
If you are from a non retro country, EB2 will help. Otherwise not really.
To get an EB2, you need a masters degree but your job will also have to require it. I know of folks with masters but their company filed as Eb3. You can apply for EB2-NIW on your own. This requires more than just a degree. You will have to show your field of study is of national interest, and YOU have unique abilities and YOU are a world leader/expert in your chosen field.
I heard the job market demand is high and
most jobs require master degree at least.
As a research assistance, biostatistician, research analyst..
Could I apply as EB2 ?
Am I qualifed?
If you are from a non retro country, EB2 will help. Otherwise not really.
To get an EB2, you need a masters degree but your job will also have to require it. I know of folks with masters but their company filed as Eb3. You can apply for EB2-NIW on your own. This requires more than just a degree. You will have to show your field of study is of national interest, and YOU have unique abilities and YOU are a world leader/expert in your chosen field.
like_watching_paint_dry
12-21 09:40 AM
tell your friend to put 33% less effort on the project work. take 1.5 days in a week off for searching for other jobs and talk to a lawyer, DOL. with the offer letter he can be sued by a gain-share arrangement with some lawyer - these lawyers charge no upfront fees but the lawyer takes x% of the damages awarded... better a blood sucking lawyer make the money than a blood sucking employer.
sujan_vatrapu
10-21 10:18 AM
Not understanding why can't any Democratic Pro-immigrant Senator reply to these kind of ignorant blaberrings and order USCIS to act as per LAW? How this grassley gets USCIS internal draft memo! need to inverstigate.
I have been saying this over and over, Dems are pro-immigration but they are not pro-legal immigration, just because grassley is anti-immigration does not make the whole republican party is against immigration, get the facts right, aint schumer the one who introduced this special fees on h1-b to put republicans in defense, few senators like mccain (R-AZ) spoke against the provision, bush pushed congress to increase the h1b quota and tried to pass CIR twice, isnt clinton the one who let illegals file AOS in EB3 which is why EB3 is stuck in 2001?
I have been saying this over and over, Dems are pro-immigration but they are not pro-legal immigration, just because grassley is anti-immigration does not make the whole republican party is against immigration, get the facts right, aint schumer the one who introduced this special fees on h1-b to put republicans in defense, few senators like mccain (R-AZ) spoke against the provision, bush pushed congress to increase the h1b quota and tried to pass CIR twice, isnt clinton the one who let illegals file AOS in EB3 which is why EB3 is stuck in 2001?
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