kanshul
12-16 09:03 PM
1. Can he own a coroporation while his status on OPT? I know one can own a corporation if his/her status is on H1B.
Yes
2. If he own corporation with his current status (OPT) and if he files his H1B in year 2010; what issue might he face?
If the H1B is filled by his company it will be rejected. If it is filled by another company then there are no issues.
3. Are there any legal obligations to own a corporation while his status on OPT? Or does he require to take any extra measures / precautions to own this coporation?
Yes, just make sure that you file all forms and pay all taxes :( even if you are not in US.
Note: He just wants own this company and not plan to do anything much to it until he settles down and he wanted utilize this oppertunity.
Yes
2. If he own corporation with his current status (OPT) and if he files his H1B in year 2010; what issue might he face?
If the H1B is filled by his company it will be rejected. If it is filled by another company then there are no issues.
3. Are there any legal obligations to own a corporation while his status on OPT? Or does he require to take any extra measures / precautions to own this coporation?
Yes, just make sure that you file all forms and pay all taxes :( even if you are not in US.
Note: He just wants own this company and not plan to do anything much to it until he settles down and he wanted utilize this oppertunity.
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kpchal2
04-08 12:03 AM
so once your processing date is current, then no matter what (if your pd is current or not) they will start the Name Check process or will they wait until my PD is current to get started on the Name check process.
rubinop
04-03 11:23 AM
Hi, I just joined the group. Is there anything scheduled so far?
I also have an immigration question.
My employer filed the PERM with EB-2 in September 2007. It was audited in November. Still waiting. I have the fear I could get laid off. If this will happen before the Labor Department approval, and before the 1-year renezaw of my H1-B (exp. Sept.08), what will happen? Do I loose everything?
Thanks for your support.
I also have an immigration question.
My employer filed the PERM with EB-2 in September 2007. It was audited in November. Still waiting. I have the fear I could get laid off. If this will happen before the Labor Department approval, and before the 1-year renezaw of my H1-B (exp. Sept.08), what will happen? Do I loose everything?
Thanks for your support.
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roseball
01-13 03:15 PM
My H1B was expired on DEC11,2009.My employer applied H1B extension in Oct 2009, i'm still waiting for Approval notice. since my I-94 expired on DEC11,2009. what is my status untill i get my H1b extension? will i be in leagal status until i get the H1 approval?
I have EAD with the same employer but not using.
Is anybody in the same situation?
thanks
Since you applied for extension before your current H1 expired, you are allowed to continue to work for 240 days from the date of H1 expiry. If your H1 is still not approved, then I believe you will have to stop working but can still be in the country till a decision has been made on your petition. Your employer could try and upgrade your pending application to premium processing so you will get to hear from USCIS within 15 days.
I have EAD with the same employer but not using.
Is anybody in the same situation?
thanks
Since you applied for extension before your current H1 expired, you are allowed to continue to work for 240 days from the date of H1 expiry. If your H1 is still not approved, then I believe you will have to stop working but can still be in the country till a decision has been made on your petition. Your employer could try and upgrade your pending application to premium processing so you will get to hear from USCIS within 15 days.
more...
roopamadhu2004
03-14 12:45 PM
Employer 1(Very small company and doesn't exist anymore):
1) Labor cleared,
2) I-140 approved
Then Joined in another company (Multi billion company) Employer 2:
1) Labor cleared
2) Mistake: Didn't file I-140 and when priority dates were open in July 2007, they filed for I-485 with Old employer's I-140 and got EADs
3) Still waiting for Green card
My priority date: Sep 2002 (It is carried from first employer)
Still I am getting H1 B extensions - every 3 years with Employer 2
But my wife is working in EAD
In June 2010, we were informed by my company legal dept that they iled I485 incorrectly and they want to correct it. So they started over again.
1) Labor cleared
2) I-140 approved Mar 2011.
3) Priority dates are not current and waiting for it.
My options:1) Backout old I485 now and wait for priority dates and then reapply (Adv: No RFEs, No risk, high probability that we can retain Priority date. Diadv: My wife looses her job and get back to H4)
2) Backout I-485 when priority dates are open and reapply....(Adv: My can work longer and will get at least 90 days break. Disadv: Risk if get RFEs now or reject now before we reapply - risk to loose priority date)
Questions for you:1) Is there any way to file an ammendment to update new I-140 with my existing application without my wife getting impacted? If so, how much riskier it is?
2) Our attorney says we cannot do it because it is invalid I-485. And we have to file a new one. Is it?
3) Then does it mean my wife is working illegally?
4) When is the best time to backout (My wife is not happy to leave her current employer)?
5) Attorney says we have to update them with new I-140 if we get RFE asking for my second Employer's I-140. My question is, Why can't we do it now? How much riskier it is?
Please let me know. I appreciate your advice and help!
1) Labor cleared,
2) I-140 approved
Then Joined in another company (Multi billion company) Employer 2:
1) Labor cleared
2) Mistake: Didn't file I-140 and when priority dates were open in July 2007, they filed for I-485 with Old employer's I-140 and got EADs
3) Still waiting for Green card
My priority date: Sep 2002 (It is carried from first employer)
Still I am getting H1 B extensions - every 3 years with Employer 2
But my wife is working in EAD
In June 2010, we were informed by my company legal dept that they iled I485 incorrectly and they want to correct it. So they started over again.
1) Labor cleared
2) I-140 approved Mar 2011.
3) Priority dates are not current and waiting for it.
My options:1) Backout old I485 now and wait for priority dates and then reapply (Adv: No RFEs, No risk, high probability that we can retain Priority date. Diadv: My wife looses her job and get back to H4)
2) Backout I-485 when priority dates are open and reapply....(Adv: My can work longer and will get at least 90 days break. Disadv: Risk if get RFEs now or reject now before we reapply - risk to loose priority date)
Questions for you:1) Is there any way to file an ammendment to update new I-140 with my existing application without my wife getting impacted? If so, how much riskier it is?
2) Our attorney says we cannot do it because it is invalid I-485. And we have to file a new one. Is it?
3) Then does it mean my wife is working illegally?
4) When is the best time to backout (My wife is not happy to leave her current employer)?
5) Attorney says we have to update them with new I-140 if we get RFE asking for my second Employer's I-140. My question is, Why can't we do it now? How much riskier it is?
Please let me know. I appreciate your advice and help!
Ann Ruben
05-27 05:41 PM
There is no equivalent non-immigrant visa to an E. However, in some circumstances, an H-1 or an L-1 visa might be possible based on professional or managerial position with the US enterprise in which an investment is being made.
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gc_chahiye
10-29 05:51 PM
There is no need to withdraw your 485. But why do you need 2 485's. It just shuts out visas for others. You can continue on H1b with your current employer and join in EAD with the other.
Not an attorney , please validate with one
Under current USCIS processing two 485s do not waste visa numbers (as visa numbers are only assigned at the time of approval). When petition is approved, the other one will be automatically denied/withdrawn, or USCIS will send an RFE just around approval time, asking for one of the two apps to be withdrawn.
Not an attorney , please validate with one
Under current USCIS processing two 485s do not waste visa numbers (as visa numbers are only assigned at the time of approval). When petition is approved, the other one will be automatically denied/withdrawn, or USCIS will send an RFE just around approval time, asking for one of the two apps to be withdrawn.
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chantu
04-27 02:19 PM
I have one question?
What if my employer cancels I140 and I don't have any other job on my hand? This can be a possibility for me in near future. I am searching for a new job and my employer is going to cancel I140.
Is it good to wait for any RFE or denial and if it occurs, just sending them new EVL of any consulting firm (with or without project) will help?
Thanks in advance.
What if my employer cancels I140 and I don't have any other job on my hand? This can be a possibility for me in near future. I am searching for a new job and my employer is going to cancel I140.
Is it good to wait for any RFE or denial and if it occurs, just sending them new EVL of any consulting firm (with or without project) will help?
Thanks in advance.
more...
kumarblr76
11-05 09:00 PM
FATCA establishes a MINIMUM penalty of $10,000 for failure to report foreign ASSETS over $50,000 on your tax return. FATCA filing is required in addition to FBAR filing. Who ever filed FBAR, please be aware of this new law from next year onwards , since the penalty is so high.
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jonty_11
05-22 03:22 PM
Just convert ur status to illegal and u will be all set.....
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mrdinh
February 7th, 2004, 01:03 AM
hey heard it might be under $2k...and if its good or better at high iso...then time to fork out dinero for a 2nd body...
cuz my d1x sucks at high iso
cuz my d1x sucks at high iso