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  • somegchuh
    08-22 12:41 PM
    I think you are absolutely right. Starting a business without a partnership is nearly impossible because you will be violating the H1 by working for it.

    However, if you go into a partnership, that will be like owning stocks of a company. You don't have to work for it.

    But you raise a good point about tax return scrutiny when you go for stamping. They can ask how you were making business income.

    Has anyone here run a business on H1? What are the tax implications?

    I have looked into this and talked to my lawyer. The basic consensus seems to be -- yes you can start your own business (wither alone or in partnership with someone else). But as long as you are on H1B VISA and do not have at least an EAD, you cannot actively(which means you cannot be running the day to day operations) work on your business. You can promote the business perform occasional volunteer work, but cannot be paid for this work.

    I believe you can derive profits from the business (check with your lawyer because he's the one who will have to deal with any USCIS headaches), but as with all things, if the profits are high enough, your business may be scrutinized by the USCIS. Also remember when you go to the consulate to stamp your H1B, they will examine your tax records, and you will have to have a good enough explanation as to how you owned the business without violating the H1B status (by actively working on it). It's tricky and unless you are talking about small amounts of money think very carefully about starting your own business.

    Since you cannot actively run the business, it makes sense to partner with a person who is authorized to run the day to day operations of the business (either a citizen of the US or a perm resident).





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  • sanjeev.mehra@gmail.com
    08-06 12:21 PM
    i would say apply for the Eb2. I am on Eb3 right now and i will plan to apply for eb2 after Dec 2008.

    I have 3 years degree (15 year education). I am not sure if I can file on EB2.
    You have filed on EB3 & planning to file on EB2; could you please share the logic for this & why are you waiting end of 2008, please share the reason, so if needed I can also plan something like you.

    Thanks,
    Sanjeev





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  • yagw
    03-16 12:39 PM
    Mine is TSC. Is TSC sending RFEs too? BTW, I Updated my profile.

    One thing that is certain is, the uncertainty of the USCIS :) So, no definite answer to if/when you will get RFE.





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  • Berkeleybee
    05-30 02:31 PM
    As many of you have experienced, the pace of things here in general is slower than that of our home countries. Working in the project management, I often realize how hard it is to make the other party move faster when it is not involving the interest of the other side.

    That is what makes me feel skeptical how much they would move, when we demand faster processing of our green card. Probably, the voice of our employer will be more effective. But is our employer losing anything from this slow process?

    Even if our demand for more visa numbers is met and the retrogression problem is resolved, there is a big trap ahead waiting for us. Nobody really knows how much time it will take in the 3rd stage after all of us jump in and process our 485. It will be disastrous if it will be the same thing all over again.

    It will do no good finger pointing for the lost time of ours in the past years. It does only good when we unite our voice and demand specific things to make up for the past.

    Why is the green card so valuable to you? For me, it is the freedom of chaning jobs without making the new employer feel embarrassed.

    If only they can allow us to submit I-485 regardless even though they can not process it until Visa number becomes current and if only they can remove the restrictions on AC-21 portability, these will save so many lives from being trapped.

    These two legal changes which may be easier for the Congress, will actually make up for the lost time in our life waiting in line.

    Maybe, it is time to be practical, realistic, and specific. Maybe, it is time to get smarter.

    Asian,

    Not sure what you are getting at here.

    The managers amendment of S. 2611 does have the provision of filing I-485 even when visa numbers are not available. This provision exists precisely because IV asked for it.
    Read the post on http://immigrationvoice.org/forum/showpost.php?p=15093&postcount=2

    Berkeleybee



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  • prashantkh
    08-22 01:30 PM
    Also, if you are planning to start on your own you can only have a 'C' corporation but there will be two levels of taxation, meaning first the corporation's income will be taxed and then individual's income.
    Whereas, if you partner with a US Citizen or a permanent resident you can start a 'S' corporation which only has single level of taxes.

    But in my opinion if carefully thought and executed it still is worth it, as you would get some postive cashflow (hopefully), if you sit idle nothing. :)

    PK





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  • Heart
    10-07 05:35 PM
    My I-94 has expired becoz it was issued up to my passport validity. If I have to renew it, is it a good option to cross border and get a new I-94, like going to Mexico or Canada. Please advice. I am not sure how to proceed. No one knows the procedure. Please if anyone knows, advice.



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  • rajivkumarverma
    10-16 08:49 PM
    Rajiv,

    Did you LC mention the requirements for your job. Unless it emphasized that a Masters was needed for your job profile on an LC, I140 will be denied. File an MTR right away along with a new I140 uner EB3. Beleive in god and ur priority dates will remain the same as they were. Make sure that the new I140 under EB3 matches your LC.

    Good Luck

    Ashish!

    Thanks
    Ashish Can I use the same labour.My labour got approved on June 2007.
    I think labour gets expired in 6 months





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  • redcard
    08-20 09:22 AM
    My 140 was approved in 2007 and today I got a text message on phone that my application is sent to Nebraska, NE to review and status changed from Approved to Initial review.

    Had any one been in same situation or had seen this before with some one else?

    You have been current for a long time based on your profile.. did you check what is the status of your I485 application



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  • Shams
    10-24 03:04 PM
    Axilleus,

    My EAD status changed to "Card Production Ordered" on 10/15, changed to "Approval Notice Sent" on 10/20. I have received my card today (10/24).





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  • waitnwatch
    07-06 12:59 AM
    I just received this RFE on my spouse's I-485 application. It states that while the applicant's name is spelt **i**** on the application it is spelt **ee**** on the birth and marriage registration certificate. The RFE states that they require some sort of document to show that name was officially changed. In a following note the RFE states that the document (I would assume the green card) that the USCIS will issue will be issued in the name on the birth certificate instead of on I-485 application if sufficient proof of registration of name change is not provided. Only a copy of the passport will not be treated as sufficient proof and supporting documentation that the name was registered with authority has to be provided for the USCIS to accept the name change.

    Did anyone face this type of issue. What did you do. Any information would be appreciated as I have no clue about how to deal with this. I will ofcourse consult a lawyer at the beginning of next week but would like some advice.



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  • sam_austin77
    12-11 12:30 AM
    L1A visa, validity May 2008
    EB 1 category
    I-140 receipt date July 27, 2007 & I-485 receipt date July 27, 2007.
    When and how can I excercise AC 21 portability
    Do I need an EAD for this





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  • psvk
    11-05 05:13 PM
    AMERICAblog News: ThinkProgress: GOP entering class is a bit nutty (http://www.americablog.com/2010/11/thinkprogress-gop-entering-class-is-bit.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed:+Americablog+(AMERICAblog))

    Here is a snapshot of the GOP Class of 2010�s extremism:

    ENVIRONMENT

    - 50% deny the existence of manmade climate change
    - 86% are opposed to any climate change legislation that increases government revenue

    IMMIGRATION

    - 39% have already declared their intention to end the 14th Amendment�s guarantee of birthright citizenship
    - 32% want to reduce legal immigration

    TAXES/SPENDING

    - 91% have sworn to never allow an income tax increase on any individual or business � regardless of deficits or war
    - 79% have pledged to permanently repeal the estate tax
    - 48% are pushing for a balanced budget amendment



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  • Chris Rock
    08-12 12:42 PM
    bump





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  • hpandey
    08-19 01:29 PM
    I don't know what's the point of posting such news here. There are fraud people everywhere and hundreds of fraud cases everyday . Should we start posting everything or is it your wish to malign Indians and give Indians a bad name. You seem to be no different from Grassley and company who seem to pick up 10 fraud H1b cases out of 100,000 and say that H1b is a big fraud.



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  • fide_champ
    03-21 11:26 AM
    Please see below for my answers..

    I'm on H4. I have got an offer from a company and they will do my H1

    I have few questions

    1)How easy it is to transfer H1's to another company? What documents I need?
    You'll have to file a Change of Status application with USCIS. If this is your first time H1-B, then you will be subjected to the cap.

    2)Is it possible to convert back to h4? I have 2 kids so I might have to convert back to H4 from h1 if I cannot take the stress.
    what documents do I need?Do I need to go out of US for this?
    Yes, you can change your status to H4 from H1. You do not need to travel outside of US. You need to show that your spouse is maintaining proper status. You do not need to show your paystubs for this.

    3)Once back on H4, and in future If I want to get back on h1, Am I subject to cap?
    Since you have already held H1-B status for a non-exempt employer, you are not subjected to the cap





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  • sunny1000
    06-06 07:09 PM
    I heard I-140 premium processing has been restarted. Is it true?

    Where did you hear this? Can you please let us in on your source(s)?



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  • BumbleBee
    08-17 03:58 PM
    Unfortunately, So close, but so far.

    based on this URL
    http://www.immigration.com/fromtheagency/nsc112006.html
    it appears you might have missed the boat.

    This exact same thing happened to my package sent via USPS, I sent overnight and it still took 2 days to finally get in a person's hand, it was still on time to not have any negative consequences, but lesson learned, don't rely on USPS/UPS and don't wait till end, atleast have 5 days for mail delievery. I had nasty chat with my attorney to send my papers before he was planning to send, I am even planning to report to 'statewide bar association'. Lawyers knows ( or must know ) the importance of timely filling and its effect on families and their lives.

    Hope things go fine and they do accept the application.

    Cases filed by overnight courier

    On the other hand for cases that has to be filed by overnight courier that is by the USPS Express Mail the center will only pick up mails from the U.S Postal Service once a day and in the morning. Therefore any mail that is not picked up in the morning will be picked only the following day and is given a next day receipt date.

    Note: The package will be delivered to the Service Center P.O.Box even if the mailer is addressed to include the street address for the Service Enter with or without the P.O Box and this confirmed by the U.S Postal Service.





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  • akhilmahajan
    05-12 10:36 AM
    Congrats and all the best in your future endeavours.

    Please support IV as long as you can and also guide us through this journey.

    Please dont forget to post your experience at http://immigrationvoice.org/forum/showthread.php?t=18993

    GO IV GO.
    TOGETHER WE CAN.





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  • Winner
    04-26 08:20 AM
    Troll Alert?





    h1bmajdoor
    05-24 04:40 PM
    the underlying problem, is not that american kids are not smart or hard working.

    it is that science/math/engg does not pay. it does not pay because the wheelers/dealers/fixers/middlemen/bullshitters make the money.

    american kids work hard when at law school/med school/mba. because those jos pay. as an engineer you are screwed. as a phd likely unemployed.

    so, american kids are not dumb. they are far smarter than you think. they are taken the correct decision in the circumstances.





    3ZS
    June 14th, 2006, 03:35 PM
    Im in the same boat as you. I just bought a D70 and it came with almost the same exact len kit. Ive had lots of fun/luck witht he 70-300mm at my kids softball games. I got some great shots of the kids at the plate , running, fielding etc...

    Back to your original question....I just bought a magazine this week by ShutterBug - Digital Photography How-To Guide. One of the articles is about choosing the next lens for your digital SLR. Well worth the price for us rookies :p





    I need some serious help with my D50 equipment. I have no experience at all with SLR cameras, and have recently bought a bundle consisting of a Nikon D50 and a Nikon 18-55mm f/3.5-5.6G ED AF-S Dxlens. Now I am interested in buying another lens (The Nikon 70-300mm f/4-5.6 AF Zoom Lens) in hope that these two lenses would suit my needs in amateur photography. I intend to photo landscapes, portraits and some ''macro'' (flowers and some insects). So, I would like to know if these lenses are an acceptable choice, having in mind that I can't afford to buy some expensive lenses, as my average monthly salary almost amounts to the price of these cheap ones. Thanks.

    Approved 140 status changed [Archive] - Immigration Voice

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