desi3933
08-11 04:46 PM
Hi All,
A few questions for those who have experience with registering a sole prop. in the US.
My wife is on an H4 visa and has registered a sole prop. earlier this year. Since she is not eligible to work, she has hired a U.S. citizen as a contractor to run the company.
Does owning a company in the US have any impact on our green card application?
Can she draw profits from the company at the end of the year as a return on the investment she made to start the company?
Is she considered a "U.S. person" ( seen in multiple tax forms )?
Is it safe for her to fill out a W-9 form with the FEIN that the company was registered with?
Thanks for the quick response.
Not a very good idea, IMHO.
Has she hired anyone for company affairs - hiring, tax and other reports. She can NOT perform any work for sole proprietorship, other than as pure investment.
C-Corp could have better choice.
________________
Not a legal advice.
A few questions for those who have experience with registering a sole prop. in the US.
My wife is on an H4 visa and has registered a sole prop. earlier this year. Since she is not eligible to work, she has hired a U.S. citizen as a contractor to run the company.
Does owning a company in the US have any impact on our green card application?
Can she draw profits from the company at the end of the year as a return on the investment she made to start the company?
Is she considered a "U.S. person" ( seen in multiple tax forms )?
Is it safe for her to fill out a W-9 form with the FEIN that the company was registered with?
Thanks for the quick response.
Not a very good idea, IMHO.
Has she hired anyone for company affairs - hiring, tax and other reports. She can NOT perform any work for sole proprietorship, other than as pure investment.
C-Corp could have better choice.
________________
Not a legal advice.
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ruchigup
08-15 01:34 PM
>Bump<
sona75
07-28 09:44 AM
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
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
2011 Terrell Owens « Media Outrage
hibworker
12-14 07:00 PM
Just mark NO, since it is a Yes / No question. You currently have EAD for next 2 years, hopefully it'll get renewed. You don't have a crystal ball to tell what will happen after that.
So you are not mis-representing by saying NO.
PS: This is just what I would have done and is only my opinion.
So you are not mis-representing by saying NO.
PS: This is just what I would have done and is only my opinion.
more...
kumaabh
01-12 06:35 PM
Gurus,
Please advice. THis is urgent. Here is my situation.
I worked for a very big technology company. My PERM is approved EB2 PD 03/07, I-140 approved, 485 pending since July2007. I have an EAD card that is valid until 07/2010. It was my company's policy to renew H1B even if I have an EAD card. An extension was applied in September 2008 for my H1B that expired on November 30,2008. Unfortunately, USCIS denied it in error because they said the filing fee was not correct. This was done in error by USCIS and the attorney hired by my company replied to me on December 30h saying that it will be corrected by them. Now on January 08th, 2009 after the H1B denial, my company informed me that i was being laid off with severence pay until April of 2009. Also, the HR person told me that they wont revoke I-140.
What are my options now?
Can i transfer H1B to a new company as i dont want to use my EAD and continue on H1B. If yes, how much time do i have?
Please please help. I am very tensed.
Please advice. THis is urgent. Here is my situation.
I worked for a very big technology company. My PERM is approved EB2 PD 03/07, I-140 approved, 485 pending since July2007. I have an EAD card that is valid until 07/2010. It was my company's policy to renew H1B even if I have an EAD card. An extension was applied in September 2008 for my H1B that expired on November 30,2008. Unfortunately, USCIS denied it in error because they said the filing fee was not correct. This was done in error by USCIS and the attorney hired by my company replied to me on December 30h saying that it will be corrected by them. Now on January 08th, 2009 after the H1B denial, my company informed me that i was being laid off with severence pay until April of 2009. Also, the HR person told me that they wont revoke I-140.
What are my options now?
Can i transfer H1B to a new company as i dont want to use my EAD and continue on H1B. If yes, how much time do i have?
Please please help. I am very tensed.
krupa
07-10 02:48 PM
Visa Bulletin
Number 108
Volume IX
Washington, D.C.
The Visa Bulletin for July 2007, posted on June 12, must be read in conjunction with the Update of July Visa Availability, posted on July 2.
The Update of July Visa Availability, posted on July 2, must be read in conjunction with the Visa Bulletin for July 2007, which was posted on June 12.
In put by Krupa:
=============
Why DOS issued the above mentioned new bulletin on 9th July 2007 ?
What is the legal implications before and after issuing this bulletin ?
Any one can update this thread please?
Number 108
Volume IX
Washington, D.C.
The Visa Bulletin for July 2007, posted on June 12, must be read in conjunction with the Update of July Visa Availability, posted on July 2.
The Update of July Visa Availability, posted on July 2, must be read in conjunction with the Visa Bulletin for July 2007, which was posted on June 12.
In put by Krupa:
=============
Why DOS issued the above mentioned new bulletin on 9th July 2007 ?
What is the legal implications before and after issuing this bulletin ?
Any one can update this thread please?
more...
msyedy
01-09 02:35 PM
Dear All,
I saw your website & thought may be you guys can help me solving my query about H1 transfer. I am holding a H1B valid till 2009. A month back a new company had filed a H1 transfer & I started working for them. Now I have 2 paystubs from this new company & I am getting a very good offer from another company & I would like to go for this offer. So my question is on the basis of these two recent paystubs can I get my visa transferred to the 3rd company while another visa transfer is in progress?
Yes you can as far as I remmember. You can transfer on the the reciept of the notice date of the already filed H1B.
I always suggest, please Discuss this with a lawyer...and the lawyer is the best person to help you out.
I saw your website & thought may be you guys can help me solving my query about H1 transfer. I am holding a H1B valid till 2009. A month back a new company had filed a H1 transfer & I started working for them. Now I have 2 paystubs from this new company & I am getting a very good offer from another company & I would like to go for this offer. So my question is on the basis of these two recent paystubs can I get my visa transferred to the 3rd company while another visa transfer is in progress?
Yes you can as far as I remmember. You can transfer on the the reciept of the notice date of the already filed H1B.
I always suggest, please Discuss this with a lawyer...and the lawyer is the best person to help you out.
2010 Gate Nine: Terrell Owens
marwan234
08-10 07:57 PM
they might post it late on friday as they have been working overtime. wait for it. it's weekly....isn't it? maybe tomorrow. they have been working saturdays. contractors love overtime.
more...
ach1lles
06-22 04:58 PM
Hi,
I have been working for company X on an H1-B.
* They filed for an EB-3 Labor Certification (RIR) and I-140 with a priority date of April 2003 on my behalf.
* My H1-B expired in March 2006 and they filed for a 3-year extension, which was approved (till March 2009).
* In the meantime, both my Labor and I-140 were approved. I had been waiting to apply for my I-485 since then.
* Now, I'm switching employers (because of a RIF in company X) to company Y, who were working on making me an offer.
* However, company Y's legal department came back saying that they cannot apply for an H1-B transfer because the current law doesn't allow transfers from an H1-B extension (after the original 6-year H1-B has expired).
Could somebody advise me if this is really true?
-- Vikram
I have been working for company X on an H1-B.
* They filed for an EB-3 Labor Certification (RIR) and I-140 with a priority date of April 2003 on my behalf.
* My H1-B expired in March 2006 and they filed for a 3-year extension, which was approved (till March 2009).
* In the meantime, both my Labor and I-140 were approved. I had been waiting to apply for my I-485 since then.
* Now, I'm switching employers (because of a RIF in company X) to company Y, who were working on making me an offer.
* However, company Y's legal department came back saying that they cannot apply for an H1-B transfer because the current law doesn't allow transfers from an H1-B extension (after the original 6-year H1-B has expired).
Could somebody advise me if this is really true?
-- Vikram
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kirupa
07-25 01:34 AM
Added! :)
more...
Blog Feeds
09-07 07:00 PM
What a shameful story. DOJ announcement on the indictment of six individuals (http://www.nytimes.com/2010/09/04/us/04trafficking.html) for engaging in a conspiracy to commit forced labor and document servitude. The charges arise from the defendants� alleged scheme to coerce the labor and services of approximately 400 Thai nationals to work on U.S. farms.
The Justice Department announced that a federal grand jury in Honolulu
indicted Mordechai Orian, an Israeli national; Pranee Tubchumpol, Shane Germann and Sam
Wongsesanit of Global Horizons Manpower Inc., located in Los Angeles; and Thai labor
recruiters Ratawan Chunharutai and Podjanee Sinchai for engaging in a conspiracy to commit
forced labor and document servitude. The charges arise from the defendants� alleged scheme tocoerce the labor and services of approximately 400 Thai nationals brought by the defendants to the United States from Thailand from May 2004 through September 2005 to work on farms
across the country under the U.S. federal agricultural guest worker program. Orian, Tubchumpol and Chunharutai are also charged with three substantive counts of compelling the
labor of three Thai guest workers.
If convicted, Orian and Tubchumpol each face maximum sentences of 7 0 years in prison,
Chunharutai faces a maximum sentence of 65 years in prison, Germann and Wongsesanit each face a maximum sentence of 10 years in prison, and Sinchai, who was recently charged in Thailand with multiple counts of recruitment fraud, faces a maximum sentence of five years in prison if convicted in the United States.
Instead of achieving the American dream, the workers arrived into an American nightmare. This company forced them to live groups of men in labor camps, charging each of them thousands of dollars and forbidding them from living off company grounds. Instead of permanent residency and green cards, the workers received temporary, ten-month H-2B guest worker visas, which allow no path to more permanent status. And since H-2B visas bind workers to a single employer, company answered workers� complaints with threats of deportation. Such acts are in contrary to the spirit of the H2B visa (http://www.h1b.biz/lawyer-attorney-1137785.html) and we call for harsh punishment for these individuals.
More... (http://www.visalawyerblog.com/2010/09/h2b_visa_attorney_972010_six_p.html)
The Justice Department announced that a federal grand jury in Honolulu
indicted Mordechai Orian, an Israeli national; Pranee Tubchumpol, Shane Germann and Sam
Wongsesanit of Global Horizons Manpower Inc., located in Los Angeles; and Thai labor
recruiters Ratawan Chunharutai and Podjanee Sinchai for engaging in a conspiracy to commit
forced labor and document servitude. The charges arise from the defendants� alleged scheme tocoerce the labor and services of approximately 400 Thai nationals brought by the defendants to the United States from Thailand from May 2004 through September 2005 to work on farms
across the country under the U.S. federal agricultural guest worker program. Orian, Tubchumpol and Chunharutai are also charged with three substantive counts of compelling the
labor of three Thai guest workers.
If convicted, Orian and Tubchumpol each face maximum sentences of 7 0 years in prison,
Chunharutai faces a maximum sentence of 65 years in prison, Germann and Wongsesanit each face a maximum sentence of 10 years in prison, and Sinchai, who was recently charged in Thailand with multiple counts of recruitment fraud, faces a maximum sentence of five years in prison if convicted in the United States.
Instead of achieving the American dream, the workers arrived into an American nightmare. This company forced them to live groups of men in labor camps, charging each of them thousands of dollars and forbidding them from living off company grounds. Instead of permanent residency and green cards, the workers received temporary, ten-month H-2B guest worker visas, which allow no path to more permanent status. And since H-2B visas bind workers to a single employer, company answered workers� complaints with threats of deportation. Such acts are in contrary to the spirit of the H2B visa (http://www.h1b.biz/lawyer-attorney-1137785.html) and we call for harsh punishment for these individuals.
More... (http://www.visalawyerblog.com/2010/09/h2b_visa_attorney_972010_six_p.html)
hot Terrell Owens continues to
Money
02-14 12:08 AM
in the final bill. No need to worry
more...
house Terrell Owens Black 81 NFL
gc03
05-12 08:05 AM
The passage of the CIR in the Senate is reportedly almost assured. The question remains how much change we will see in the Senate's final bill. One of the agreements which the leaders of Republican and Democrat Senators reached as part of the deal involves the procedural matter that will allow "amendments" on the floor to the CIR proposal which the Senate almost passed when the Senators left for the Easter break in April, 2006. It is thus likely that there may be introduced a flurry of amendments on the floor and a fierce battle on these amendments. Accordingly, the liberal version of the Senate proposal may be substantially compromised before it is enacted into a law this year. We will see the first compromise in the Senate this month before the Senate passes its bill. The second compromise will take place during the Senate-House Conference Committee proceeding after May 2006. It is thus almost certain that the current CIR proposal in the Senate may be substantially toned down and compromised to accomodate the hawkish conservative Senators and members of the House.
Considering the fact that the Senate will procedurally open opportunities for the Senators to introduce amendments on the floor beginning from next week, this may be the last chance for the pro and con lobbysts to make their voices heard and reflected in the Senate's final bill. Such opportunity will include both legal and illegal immigration legislation in the CIR packet.
May be it's time for us(IV) to lobby Senators to incorporate IV Goals into Final CIR bill!
Considering the fact that the Senate will procedurally open opportunities for the Senators to introduce amendments on the floor beginning from next week, this may be the last chance for the pro and con lobbysts to make their voices heard and reflected in the Senate's final bill. Such opportunity will include both legal and illegal immigration legislation in the CIR packet.
May be it's time for us(IV) to lobby Senators to incorporate IV Goals into Final CIR bill!
tattoo her and Terrell Owens and
HRPRO
03-08 03:55 PM
It is always better to maintain the H along with the EAD/AP. If you apply for PP, you will get the approval within 15 days and include the 539 petition for yourself along with the H-1 petition.
more...
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puvathoor
04-11 11:59 AM
I think if one is in hell, USCIS can hand deliver..
Heaven is another Story (storey?).. :-)
But as a recent believer in buddhist ideals, I think I will just be a cow in my next life..
That brings up a good point.. as a cow, it would be a bad life for me in USA.. India would be much better bet.. I would be worshipped and rarely eaten.. hmm.. Thinking ahead of the curve, I think I will apply for a "cow green card" for India.. Cows will be clamouring to get to India.. I will be mooing away soon..
Heaven is another Story (storey?).. :-)
But as a recent believer in buddhist ideals, I think I will just be a cow in my next life..
That brings up a good point.. as a cow, it would be a bad life for me in USA.. India would be much better bet.. I would be worshipped and rarely eaten.. hmm.. Thinking ahead of the curve, I think I will apply for a "cow green card" for India.. Cows will be clamouring to get to India.. I will be mooing away soon..
dresses Terrell Owens and girlfriend
njboy
10-16 01:33 PM
Unless you serve in Armed Forces
Arkbird,
You cant get into the armed forces without a GC
Arkbird,
You cant get into the armed forces without a GC
more...
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aioros
05-16 08:30 AM
cool! like the gradients much ;)
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md2003
10-24 10:39 AM
I am planning to file Labor in EB2. My Attorney sent job requirement which needs Master's + 1 year experience. But my current salary is almost 20k less than prevailing wage (level 4) for senior software engineer. But currently my salary equivalent to wage level 2.
I think i may get query at i140 , But Lawyer suggested Employer would need to be able to demonstrate their ability to pay the difference between actual salary and the prevailing wage at the time of the I-140 filing .
I am unable to get clear picture on wage levels. If i mention Level 2 , will this qualify for EB2?
Any suggestions on this.
Thx
I think i may get query at i140 , But Lawyer suggested Employer would need to be able to demonstrate their ability to pay the difference between actual salary and the prevailing wage at the time of the I-140 filing .
I am unable to get clear picture on wage levels. If i mention Level 2 , will this qualify for EB2?
Any suggestions on this.
Thx
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WillIBLucky
01-10 02:23 PM
For a while I was glad no one is talking about this. But I guess its hard not to talk about it as well. :D
There is no point in guessing the visa bulletin......
Guys:
Any news when this would be out and what to expect..??
Good Luck..
There is no point in guessing the visa bulletin......
Guys:
Any news when this would be out and what to expect..??
Good Luck..
kirupa
06-10 06:30 PM
Sorry for the delay unchew. Added all 4 of your stamps up :)
willIWill
05-18 11:13 AM
USCIS and Department of State's Bureau of Consular Affairs Co-Host National Immigration Conference in Washington
WASHINGTON�The U.S. Department of Homeland Security�s U.S. Citizenship & Immigration Services (USCIS) and the U.S. Department of State�s Bureau of Consular Affairs are co-hosting an interagency National Immigration Conference at the U.S. Capitol Visitor Center from May 17-19, 2010.
Over 200 congressional staffers from across the country will attend the conference to learn more about how USCIS and the U.S. Department of State work together in assisting congressional offices and their constituents. Keynote speakers include USCIS Director Alejandro Mayorkas and Assistant Secretary for the Bureau of Consular Affairs Janice L. Jacobs.
�Each and every day we work with Members of Congress and our partners in the Department of State to address challenging immigration cases and issues,� said USCIS Director Alejandro Mayorkas. �We deeply appreciate the Congressional offices� participation in this week�s conference, which provides us all with the opportunity to discuss how we can better serve the public.�
Speakers from USCIS, the Bureau of Consular Affairs, U.S. Immigration & Customs Enforcement, U.S. Customs & Border Protection, and the Federal Bureau of Investigation will speak on a range of topics including immigration systems; citizenship and naturalization, humanitarian parole, intercountry adoptions, international child abductions, emergency assistance for U.S. citizens, and employment based visas.
USCIS - USCIS and Department of State's Bureau of Consular Affairs Co-Host National Immigration Conference in Washington (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=823c11fd267a8210VgnVCM100000082ca60aRCR D&vgnextchannel=a2dd6d26d17df110VgnVCM1000004718190a RCRD)
WASHINGTON�The U.S. Department of Homeland Security�s U.S. Citizenship & Immigration Services (USCIS) and the U.S. Department of State�s Bureau of Consular Affairs are co-hosting an interagency National Immigration Conference at the U.S. Capitol Visitor Center from May 17-19, 2010.
Over 200 congressional staffers from across the country will attend the conference to learn more about how USCIS and the U.S. Department of State work together in assisting congressional offices and their constituents. Keynote speakers include USCIS Director Alejandro Mayorkas and Assistant Secretary for the Bureau of Consular Affairs Janice L. Jacobs.
�Each and every day we work with Members of Congress and our partners in the Department of State to address challenging immigration cases and issues,� said USCIS Director Alejandro Mayorkas. �We deeply appreciate the Congressional offices� participation in this week�s conference, which provides us all with the opportunity to discuss how we can better serve the public.�
Speakers from USCIS, the Bureau of Consular Affairs, U.S. Immigration & Customs Enforcement, U.S. Customs & Border Protection, and the Federal Bureau of Investigation will speak on a range of topics including immigration systems; citizenship and naturalization, humanitarian parole, intercountry adoptions, international child abductions, emergency assistance for U.S. citizens, and employment based visas.
USCIS - USCIS and Department of State's Bureau of Consular Affairs Co-Host National Immigration Conference in Washington (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=823c11fd267a8210VgnVCM100000082ca60aRCR D&vgnextchannel=a2dd6d26d17df110VgnVCM1000004718190a RCRD)
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