Friday, July 1, 2011

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  • 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.

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  • jayleno
    11-25 11:58 AM
    As far as I know since you have already been counted towards the cap once because of H1b approval for Company A(nonymous), you can get another non excempt H1b again in the next 6 years.
    Dont you feel that you may be abusing the H1b by doing this? Anyways, like its always suggested, talk to an attorney.

    I have a approved H1b from company A. Company A also shared a copy of approval. I was never counted under H1b cap before this approval. If I now decide not to join company A and assuming company A will not cancel H1b, can I use this H1b to join another company B later using H1b transfer…???? I am presently on cap except H1b and need a cap subject H1b in order to move to any private firm. So approval from company A matters a lot to me.

    Has anyone done this…????

    Thanks in advance...

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  • smuggymba
    09-20 02:14 PM
    I am going out of country for 8 weeks, do you think i can move to state minimum insruance during this period and save some money ?

    Please provide your valuable opinion.


    increase collision deductible and keep comprehensive in case of break ins etc

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  • sagittariusarm
    02-12 07:27 AM
    My wife met with a very minor accident and it was her first accident. It was an on a unattended car. The back bumper of the car got scratched, The main mistake she did was , she did not leave a note and she came home, she basically panicked. She called me and I told her to go back and call police by that time, somebody complained to police and police came home and issued citation. According to Florida statues this is a criminal violation.

    The following is the detail of the citation.

    Crash: NO
    Injury: NO
    Serious Injury: NO
    Property Damage: NO
    Aggressive Driving - NO
    Fatal: NO

    I am in the process of talking to traffic violations related and Immigration attorney.

    I would appreciate if somebody can please advice on the following.

    1) What will happen to her I485 process? currently she has EAD and I485 is pending
    2) She is unemployed currently but if she decides to work in the future will this cause any issues when employer does background check?
    3) Attorney mentioned that he can clear the points and criminal violation records but will this still be a issue for I485 process?

    Please let me know.


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  • solaris27
    03-14 08:52 AM
    your brother have 2 year left in his engg , ask him to keep these prrof and if possible letter from collage .

    he should be okay .

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  • flashbabe
    11-30 10:47 AM
    I had to look up the meaning of WPF :)

    No - I'm using VS 2005 .NET. It is a standard Windows Application Form in C#.

    The combo box selected index value change causes 2 panes to change. The one pane allows the user to Update information of the Item in the selected index. The other pane displays all database elements FKeying to that item.

    So sometimes the user may update the portion of the information that is set as DisplayValue in the combobox. The object itself is updated, but the combobox text remains as the old value.

    I'm essentially looking for a best practice in doing this. Whenever updating a member of the combobox should I rebind the datasource? I tried using the Refresh() and Update() methods but they do not update the display value.


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  • sundarpn
    08-06 05:28 PM
    If one changes to a new employer after 180 days,

    How much support (documentation etc) does he/she need from the ex-employer or the ex-employers attorney?

    After 180 days, so I assume I'll have the receipt notice and hopefully EAD and AP (also have I-140 copy).

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  • indigo10
    10-14 01:35 AM
    My company filed an I-140 in December 2009. The petition (an EB2) was APPROVED in May 2010. A month or so later, I was laid off but BEFORE the I-485 was ever filed. As far as I know, the I-140 has not been revoked. What are my potential options here? Can I find a new employer to file a 485 provided the new job is similar to the I-140 petition or do they have to start the whole process again?

    The new employer needs to apply new labor and I-140. However, You can keep your priority date based on your previously approved I-140.
    In short, Your place in line is not changed but the process must start from beginning.


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  • pthooran
    09-02 06:02 AM

    Did you proceed with your planned visa interview? Any issues? I recieved a simliar call yesterday and my interview is for Sept 13. I am also in my 7th year extension but I had an OWI issue 5 years back and had to wait 45 days in Mexcio the last time I went for stamping.

    Please let me know the outcome of your interview so I can prepare accordingly


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  • snhn
    06-15 04:40 PM
    Here is my question. In my college days bacd in the early 90's and mid 90's, I used to work and worked with my original Social secuirty number. Another words, I was given pay checks. I paid taxes and got refunds as well. Obviouslly all illegal since I had no permission to work as I was on FI visa. Anyways, after graduating college, I got H1b visa. Now I am in my 9th year, and my labor and I140 have already been approved. So the question is, when I am called for my 485 interview, will they know that i worked illegally, will they have records of that. I also have a DWI. I think DWI is ok, as I have read many got their green cards after this. I am more concerned with my working illegally.

    Just recentlly I was sued by Discover card. The judgement against me in teh court was for 10,000 +. I have paid half of it and will pay the rest in 6 months. Will that affect my Green Card.

    Please eloborate.



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  • cbpds
    08-08 02:55 PM
    My wife was applying for her H4, it was listed as Chennai although we had mentioned the state as Karnataka.......everything shd be fine

    Thanks buddy! So I believe it's just the state of the consulate..right?
    By the way was your case kind of same?

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  • determined_indian
    02-14 06:03 AM
    I am in the same boat (will be filing for extension within a month)...

    Just interpreting the amendment as it is - looks like this applies only to new hires...

    Link to article from a leading immigration law firm

    What is in the Bill?
    (1) IN GENERAL.--Notwithstanding any other provision of law, it shall be unlawful for any recipient of funding under title I of the Emergency Economic Stabilization Act of 2008 (Public Law 110-343) or section 13 of the Federal Reserve Act (12 U.S.C. 342 et seq.) to hire any nonimmigrant described in section 101(a)(15)(h)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(h)(i)(b)) unless the recipient is in compliance with the requirements for an H-1B dependent employer (as defined in section 212(n)(3) of such Act (8 U.S.C. 1182(n)(3))), except that the second sentence of section 212(n)(1)(E)(ii) of such Act shall not apply.

    (2) DEFINED TERM.--In this subsection, the term ``hire'' means to permit a new employee to commence a period of employment"

    Common sense interpretation would be - if TARP recipient is looking to hire (new employee) a non-immigrant they have comply with H1B Dependant employer rules.

    However, it is upto USCIS & DOL on how to interpret and implement it as a law. If they classify any TARP recepient to be "H1B Dependent" and if they consider H1B extensions as new hire (which is an expansive interpretation), then our extension might have an impact.


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  • mrdelhiite
    08-19 11:15 AM
    Hello All,

    I e-filed my AP on August 5th 2010 and sent all my papers to NSC. I received a notice they they received my application with the same date. My last AP expired on 30 July 2010.

    I have a wedding coming up in family that I want/need to attend. Is it possible for me to use this reason to expedite my AP? Also has anyone been in similar situations? Any feedback is greatly appreciated.


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  • alucard666
    08-11 05:20 PM
    She has hired an accountant to do the taxes at the end of the year and a contractor who manages a web site, keeps the paperwork and provides the services. She has not hired anyone full time since it is a very small operation with approx. $500 in income per month.


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  • guchi472000
    12-08 08:06 PM
    Good Morning.....

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  • number30
    06-09 06:45 AM
    My question is regarding Citizenship. My mother married my step father in the year 2000. They have 2 children one is 7 the other is 9. My mother did not adjust her status right after they married. she waited a few years. She received her green card on November of 2006. "the one that renews every 10 years. This year she separated him because she cheated on her. They are not legally separated or anything like that. She wants to become a US Citizen but we think it might be a problem since this year they did not file taxes together. When she did her taxes she checked the box that says shes filing married but separately. He does not want the divorce but she does. I told her she should hold of on any divorce and see about getting her citizenship first. What complications can she have since this year they did not file jointly. I appreciate your time and any input
    No she should not have any problems since she has 10 year validity green card(One with Condition removed). IF the citizenship is applied after three years green card they will check the validity of the marriage. Usually if you apply citizenship after 5 years there are will not be questions about marriage. if you have the issues apply 2011


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  • ksure
    01-25 10:10 PM
    ( i dont know exactly but something i listened this )on h1 we should do the job continuously with out any gap. if one is not working on h1 for more than 180 days staying here is not legal or that may be out of staus.

    like that who is on valid AOS(not primary applicant) dont want to do job means is there legality issues or out of status issues . is there any particular time limit for not doing job with AOS/EAD( not primary person). If i am wrong anything please correct me.

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  • ssharma
    06-30 05:06 PM
    Here is a memo from one of the law firms, I found on the net.

    After digging thro' forums it seems everyone talks about having the "intention" of staying with the Employer after GC.
    Here's my question.
    - Should the "intention" be on the day of filing 485 or the day you get GC ? (a date in future that no one can predict).

    If the "intention" has to be at the time of 485 filing then, after 180 days of filing 485 one should be able to change employers, irrespective of the case being approved or NOT.

    thoughts/comments ??

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  • anurakt
    01-15 08:35 PM

    07-11 06:52 PM
    can you please tell me how much time now takes to H1b renewal?
    I am in 6th year of H1b.

    04-08 02:19 AM
    it's ok - I already changed the stamp template for all of the entries that have been submitted: It wouldn't be fair for me to give you guys more work because of a slight oversight on my part ;)

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