navyug
06-26 04:58 PM
This is not correct.
Managing the business comes under employment authorization whether or not salary is drawn by the owner.
_________________
Not a legal advice.
You can own shares of a company and be paid dividend too when you are on H-1B. Getting paid dividend does not mean the dividend paying company has to also sponsor your H-1B. In the same way she is just holding shares (may be 100%) in the company. As long as she is not being paid salary she is fine. She can work pro-bono during this period. You do not need EAD to be a owner (or share holder) of any company. She needs EAD if and only to be paid salary from this company. EAD is "Employment Authorization Doc". Even a student can own shares of a company. Please understand/analyze the situation before commenting.....
Managing the business comes under employment authorization whether or not salary is drawn by the owner.
_________________
Not a legal advice.
You can own shares of a company and be paid dividend too when you are on H-1B. Getting paid dividend does not mean the dividend paying company has to also sponsor your H-1B. In the same way she is just holding shares (may be 100%) in the company. As long as she is not being paid salary she is fine. She can work pro-bono during this period. You do not need EAD to be a owner (or share holder) of any company. She needs EAD if and only to be paid salary from this company. EAD is "Employment Authorization Doc". Even a student can own shares of a company. Please understand/analyze the situation before commenting.....
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LookingForGC
02-01 06:53 PM
Give all your account access to your wife, then she feels that is secure :)
You got good options already posted here from some of our buddies.
You got good options already posted here from some of our buddies.
eb2_485_mess
08-29 06:36 PM
what is the date shown on the online status message?
Is it RD or ND. I think ND is later than RD right. I believe they show the ND but say your application was "received on". Is it right ?
Does the processing time on website go via RD or ND?
Is it RD or ND. I think ND is later than RD right. I believe they show the ND but say your application was "received on". Is it right ?
Does the processing time on website go via RD or ND?
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21stIcon
09-21 11:21 AM
RTC is going to buy mortgage paper for market rate not for actual worth which would destroy banks balance sheets and dollar value.
Housing market did not stabilize until 1995, housing picked up due to late 1990's IT boom , so RTC would not stop plunging housing market , housing correction still years away.
anticipate sluggish GDP for years which would translate into bad income growth, housing would not improve when personal income deflates.
Housing market did not stabilize until 1995, housing picked up due to late 1990's IT boom , so RTC would not stop plunging housing market , housing correction still years away.
anticipate sluggish GDP for years which would translate into bad income growth, housing would not improve when personal income deflates.
more...
willwin
07-09 08:24 AM
I am starting this thread to see if IV can help CP (consular processing) filers (who are already in the US) who are the worst affected due to retrogression.
Issues:
1. CP filers do not have any interim benefits like EAD, AP, AC21 provision.
2. CP filers lose their GC application if the employer closes down business and they have to start all over from scratch (after finding a sponsor).
3. CP filers are the ones actually stuck with the same employer due to not having EAD.
4. Most CP filers would not have got the income tax rebate ($600 per individual and $300 per child) if they had filed return jointly with their spouse and if the spouse was not working. This is just insane.
As we are losing sight of, the only rescue for CP filers, recapturing bill - the only other option will be to enable CP filers to file for 485 even if their PD is not current. I am assuming this does not need a change to the legislation and can be done by DOS/USCIS. I may be wrong. Otherwise, CP filers especially EB3 India with PD 2002/2003 have high risks if they have to lose their current GC application, which I think is quite unfair.
I know, even IV hardly cares for CP filers as there is not even a provision to enter CP details in the tracker, however, just wanted to try our luck.
If IV thinks this is too much for the asking, feel free to delete this thread.
If anyone can't resist the urge to ask us, why the heck did you file for CP, well, nobody would have anticipated this plight and above all CP is not illegal!
Issues:
1. CP filers do not have any interim benefits like EAD, AP, AC21 provision.
2. CP filers lose their GC application if the employer closes down business and they have to start all over from scratch (after finding a sponsor).
3. CP filers are the ones actually stuck with the same employer due to not having EAD.
4. Most CP filers would not have got the income tax rebate ($600 per individual and $300 per child) if they had filed return jointly with their spouse and if the spouse was not working. This is just insane.
As we are losing sight of, the only rescue for CP filers, recapturing bill - the only other option will be to enable CP filers to file for 485 even if their PD is not current. I am assuming this does not need a change to the legislation and can be done by DOS/USCIS. I may be wrong. Otherwise, CP filers especially EB3 India with PD 2002/2003 have high risks if they have to lose their current GC application, which I think is quite unfair.
I know, even IV hardly cares for CP filers as there is not even a provision to enter CP details in the tracker, however, just wanted to try our luck.
If IV thinks this is too much for the asking, feel free to delete this thread.
If anyone can't resist the urge to ask us, why the heck did you file for CP, well, nobody would have anticipated this plight and above all CP is not illegal!
kondur_007
03-28 10:16 PM
Was the extension with current employer applied before the expiry of your current I 94? Then only 240 days rule apply. Otherwise your are accumulating illegal presence.
You need help from a good competent attorney instead of advise from forum; your case is quite complicated. If not handled properly, you may be subject to 3/10 bar. In any case, you need a very good legal advise even before you leave US.
You need help from a good competent attorney instead of advise from forum; your case is quite complicated. If not handled properly, you may be subject to 3/10 bar. In any case, you need a very good legal advise even before you leave US.
more...
optimystic
03-31 03:01 PM
I have a somewat similar situation, here goes:
Myself: "Resident Alien for Tax purposes" for 2007.
My wife: Before we got married last year, she was on J1 (> 6 months)
Therefore, that time does not count towards calculating presence in the US for tax purposes. This implies she is a "Non Resident Alien for Tax purposes" for 2007.
The 1040 instructions (http://www.irs.gov/pub/irs-pdf/i1040gi.pdf) state that you cannot file as "Married filing Jointly" if either spouse is a "Non Resident Alien" for tax purposes, UNLESS the other spouse is a citizen or a permanent resident. (Page 13).
My thought is that I will have to go with "Married, filing separately". Since my wife did not have any income, I may be able to take a deduction for my spouse(Page 14), if she doesn't file her taxes.
You are correct that if you file jointly, the difference is quite a bit - but I am not sure what else one can do.
If others have dealt with a similar situation, please advise.
Thanks.
Ams
Hmm....I got married in Nov 2004 and my wife came in to US Dec 2004. and when filing 2004 taxes I didnt think about my wife being NR for tax purposes. I went thru a CPA and I believe she filed 1040 married filing jointly !!
Didnt have any questions or issues so far. Should I bother....file an amendment....or just ignore until in case IRS has an issue?
Myself: "Resident Alien for Tax purposes" for 2007.
My wife: Before we got married last year, she was on J1 (> 6 months)
Therefore, that time does not count towards calculating presence in the US for tax purposes. This implies she is a "Non Resident Alien for Tax purposes" for 2007.
The 1040 instructions (http://www.irs.gov/pub/irs-pdf/i1040gi.pdf) state that you cannot file as "Married filing Jointly" if either spouse is a "Non Resident Alien" for tax purposes, UNLESS the other spouse is a citizen or a permanent resident. (Page 13).
My thought is that I will have to go with "Married, filing separately". Since my wife did not have any income, I may be able to take a deduction for my spouse(Page 14), if she doesn't file her taxes.
You are correct that if you file jointly, the difference is quite a bit - but I am not sure what else one can do.
If others have dealt with a similar situation, please advise.
Thanks.
Ams
Hmm....I got married in Nov 2004 and my wife came in to US Dec 2004. and when filing 2004 taxes I didnt think about my wife being NR for tax purposes. I went thru a CPA and I believe she filed 1040 married filing jointly !!
Didnt have any questions or issues so far. Should I bother....file an amendment....or just ignore until in case IRS has an issue?
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eilsoe
10-03 01:31 PM
neither do I...
:::::evil:::::
:::::evil:::::
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GCAmigo
08-03 12:21 PM
FIFO - FirstInFirstOut & LIFO - LastInFirstOut
Folks at USCIS follow a random method ie AIAO - AnytimeInAnytimeOut.
Enjoy the wait!
Folks at USCIS follow a random method ie AIAO - AnytimeInAnytimeOut.
Enjoy the wait!
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joshraj
10-03 02:44 PM
Lets Keep Our fingers Crossed :) and PRAY :)
more...
whattodo
07-27 02:01 PM
If NSC had put all applications from July 2nd to July 17th on hold.
Did they open and timestamp it ? for received date ??????
If they did not , then I may be lucky.
Because my package had signatures and all other dates of June 29th . The day when we were planning to ship the package, but for july fiasco.
Do you guys think ? they might see this and enter it as received date ?
How stupid a person has to be to even ask a question like this???
Did they open and timestamp it ? for received date ??????
If they did not , then I may be lucky.
Because my package had signatures and all other dates of June 29th . The day when we were planning to ship the package, but for july fiasco.
Do you guys think ? they might see this and enter it as received date ?
How stupid a person has to be to even ask a question like this???
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pbuckeye
08-03 08:36 PM
A beer bottle actually has only about 65 calories, so I would consider it diet food :D
On a serious note - consider switching from a traditional breakfast to oatmeal/cereal.
On a serious note - consider switching from a traditional breakfast to oatmeal/cereal.
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PDOCT05
08-15 02:09 PM
It was signed by R William at 9:30 AM on 07/03/2007.
Thanks much..mine was also signed by R williams at 9:03 am and my checks not cashed yet...
Thanks much..mine was also signed by R williams at 9:03 am and my checks not cashed yet...
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sac-r-ten
04-01 09:10 AM
Already got it....last September. Thanks for asking.
Congrats to GreenGuru. and thanks for sharing all the information.
IV admin, can we have a separate option on the details to show that GC is already received. Like rb_248 got it last september and he/she still comes here and shares his knowledge. so having that option display would be gr8.
cheers/
Congrats to GreenGuru. and thanks for sharing all the information.
IV admin, can we have a separate option on the details to show that GC is already received. Like rb_248 got it last september and he/she still comes here and shares his knowledge. so having that option display would be gr8.
cheers/
more...
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shahsahil
04-17 12:31 AM
Hi
I am new to this group. I have a question regarding my PERM case.
MY PERM case is pending in DOL from last 10 months. I find this very
unusual.
Anybody heard about such a long pending case?
Are there any suggestion for following up on my PERM case?
Any advise will be useful.
Thanks
-Sahil.
I am new to this group. I have a question regarding my PERM case.
MY PERM case is pending in DOL from last 10 months. I find this very
unusual.
Anybody heard about such a long pending case?
Are there any suggestion for following up on my PERM case?
Any advise will be useful.
Thanks
-Sahil.
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GCmuddu_H1BVaddu
03-20 02:10 AM
I have limited knowledge on this but my own logical thinking
1) Your best bet is to have baby in US and go to India
2) Baby will not be granted any green card as there is no application present for the baby 3) You can't get the baby to US on H-4 as a dependent bcz you are on EAD
4) Either you can file for a visitor visa (through EAD) or file for H-1B for the baby ;-) (just kidding on H1B stuff)
Go for (1).
Hi Everyone,
Our Immigration status is EAD and my wife is pregnant,
We are very happy with the news..
There is lot of possibility for us to be in India during due date, based on few important events in family.
We would like to know.. if baby is born in India then what possere ibilities are there for us to bring baby along with us?
(if mother stays in India for couple of more months)
can baby also get Green Card when we (parents) are allotted green card?
All your advices are always appreciated.
Thanks & Regards,
Satya.
Note: Admins if required, please close this thread and redirect to any existing ones, as i could not find one I have posted a new thread.
1) Your best bet is to have baby in US and go to India
2) Baby will not be granted any green card as there is no application present for the baby 3) You can't get the baby to US on H-4 as a dependent bcz you are on EAD
4) Either you can file for a visitor visa (through EAD) or file for H-1B for the baby ;-) (just kidding on H1B stuff)
Go for (1).
Hi Everyone,
Our Immigration status is EAD and my wife is pregnant,
We are very happy with the news..
There is lot of possibility for us to be in India during due date, based on few important events in family.
We would like to know.. if baby is born in India then what possere ibilities are there for us to bring baby along with us?
(if mother stays in India for couple of more months)
can baby also get Green Card when we (parents) are allotted green card?
All your advices are always appreciated.
Thanks & Regards,
Satya.
Note: Admins if required, please close this thread and redirect to any existing ones, as i could not find one I have posted a new thread.
more...
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morchu
05-20 11:09 PM
The suggested method is to file a new I140 after the EB2 LC approval, along with the older I140 approval notice and a request letter quoting the related law and claiming the older priority date.
Never heard of amending an already approved I140 to a new LC.
Hi,
My employer initially filed perm and I-140 in EB3 with priority date of Dec,2005.
As I qualified for EB2 (have Master's degree), my employer's attorney is filing new EB2 perm, and he is saying that he can port the earlier priority date of EB3 after getting the approval of EB2 perm application and don�t need to file I 140 again as we already have approval for EB3 I 140 which can be converted to EB2 with new priority date.
Is it possible to have EB2 category and old priority date without refiling new I-140 ?
Thanks.
Never heard of amending an already approved I140 to a new LC.
Hi,
My employer initially filed perm and I-140 in EB3 with priority date of Dec,2005.
As I qualified for EB2 (have Master's degree), my employer's attorney is filing new EB2 perm, and he is saying that he can port the earlier priority date of EB3 after getting the approval of EB2 perm application and don�t need to file I 140 again as we already have approval for EB3 I 140 which can be converted to EB2 with new priority date.
Is it possible to have EB2 category and old priority date without refiling new I-140 ?
Thanks.
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bestofall
07-30 12:19 PM
URGENT UPDATE: HR5882 scheduled for tomorrow - PLEASE CALL
--------------------------------------------------------------------------------
House Immigration Sub-Committee is planning on mark up Congresswoman Lofgren's recapture bill tomorrow (Thursday) afternoon in her subcommittee. This is an extremely IMPORTANT development. We are hoping that an agreement reached such that there is no party line vote on this effort. As such all members are requested to PLEASE PLEASE call the following members on the subcommittee requesting them to support Lofgren's recapture bill H.R.5882.
Majority Members (Democrats)
Member Name DC Phone
Luis V. Gutierrez (D-IL) 202-225-8203
Howard L. Berman (D-CA) 202-225-4695
Sheila Jackson-Lee (D-TX) 202-225-3816
Maxine Waters (D-CA) 202-225-2201
Bill Delahunt (D-MA) 202-225-3111
Linda T. Sanchez (D-CA) 202-225-6676
Artur Davis (D-AL) 202-225-2665
Keith Ellison (D-MN) 202-225-4755
Anthony Weiner (D-NY) 202-225-6616
Minority Members (Republicans)
Member Name DC Phone
Steve King (R-IA) [Ranking Member]202-225-4426
Elton Gallegly (R-CA) 202-225-5811
Bob Goodlatte (R-VA) 202-225-5431
Dan Lungren (R-CA) 202-225-5716
J. Randy Forbes (R-VA) 202-225-6365
Louie Gohmert (R-TX) 202-225-3035
--------------------------------------------------------------------------------
House Immigration Sub-Committee is planning on mark up Congresswoman Lofgren's recapture bill tomorrow (Thursday) afternoon in her subcommittee. This is an extremely IMPORTANT development. We are hoping that an agreement reached such that there is no party line vote on this effort. As such all members are requested to PLEASE PLEASE call the following members on the subcommittee requesting them to support Lofgren's recapture bill H.R.5882.
Majority Members (Democrats)
Member Name DC Phone
Luis V. Gutierrez (D-IL) 202-225-8203
Howard L. Berman (D-CA) 202-225-4695
Sheila Jackson-Lee (D-TX) 202-225-3816
Maxine Waters (D-CA) 202-225-2201
Bill Delahunt (D-MA) 202-225-3111
Linda T. Sanchez (D-CA) 202-225-6676
Artur Davis (D-AL) 202-225-2665
Keith Ellison (D-MN) 202-225-4755
Anthony Weiner (D-NY) 202-225-6616
Minority Members (Republicans)
Member Name DC Phone
Steve King (R-IA) [Ranking Member]202-225-4426
Elton Gallegly (R-CA) 202-225-5811
Bob Goodlatte (R-VA) 202-225-5431
Dan Lungren (R-CA) 202-225-5716
J. Randy Forbes (R-VA) 202-225-6365
Louie Gohmert (R-TX) 202-225-3035
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meetpravee
04-20 06:06 AM
Thanks for your responses.
One last question.
After printing the application form, I see that the photograph size is 3.5 cms * 3.5 cms that the consulate requires. But when I check for the passport size photo in walgreens it is 2 inches * 2 inches. Is it fine if I send 2 inches * 2 inches photo or should I cut exactly 3.5 cms * 3.5 cms and paste one in the form and send the other 2 ?
Thanks.
One last question.
After printing the application form, I see that the photograph size is 3.5 cms * 3.5 cms that the consulate requires. But when I check for the passport size photo in walgreens it is 2 inches * 2 inches. Is it fine if I send 2 inches * 2 inches photo or should I cut exactly 3.5 cms * 3.5 cms and paste one in the form and send the other 2 ?
Thanks.
acecupid
06-25 11:13 AM
I believe you should be ok since you are travelling and returning before expiry of old AP. You should be physically present in the US during application of new AP. Once you have the receipt for new AP, you should be good to go.
Thiru
09-22 08:51 PM
My AP was approved on Sep2. Still awaiting the AP in mail.
Which Service Center TSC or NSC????
Which Service Center TSC or NSC????
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