gconmymind
11-12 03:35 PM
Gurus,
I am on H1B in USA and now I am planning to set up a company in India. Will I be violating any laws by doing this.
Can I operate the company from USA and still get payed in India. My clients will be paying my company in India.
Will I have to pay taxes in USA.
Thank you for your time.
If you are doing the work from USA, then you have to get paid in USA and pay US taxes.
If you are getting the work done from India, only then your clients can pay your company in India.
This is my understanding. Talk to your lawyer and CPA.
I am on H1B in USA and now I am planning to set up a company in India. Will I be violating any laws by doing this.
Can I operate the company from USA and still get payed in India. My clients will be paying my company in India.
Will I have to pay taxes in USA.
Thank you for your time.
If you are doing the work from USA, then you have to get paid in USA and pay US taxes.
If you are getting the work done from India, only then your clients can pay your company in India.
This is my understanding. Talk to your lawyer and CPA.
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nefrateedi
07-27 10:21 AM
Since I did not know how to write my name in my native alphabet, I askd my wife to write it for me. Is this an issue? Is there any requirement that one must write the name in native alphabet in one's own handwriting?
You'll be fine.
You'll be fine.
pleaseadviseme
09-23 07:01 PM
First - she files the F-2 and H-4 applications, not you. She can only request a change to H-4 status after you activate your H-1B, if it approved as a notify as explained above. If the employer is filing as an automatic change of status, she should request the H-4 change with you. She will not be eligible for F-2 status after your F-1 ends.
Thank you so much, you have been really helpful.
My last question to you here... sorry to be so annoying. I just got a new notification from my employer, saying that he will file my h1b on feb 1st. (sucks), and "petition" for June activation on the visa. I don't know what does that mean, but could you please suggest me what should my wife do? i mean my f1 should ends on may 31st. and h1b will start on june 1st. but when should she start filing for h4? i heard that she will be legal once she filed the h4, but i don't know how long it takes for the uscis to know she filed the change of status petition. for example... can she file on may 31st?
or is it even possible if i receive my h1b visa approval on April, and she files for H4 when i got the approval but petition for june 1st activation, same as me?
because i really don't think my employer is willing to file for both of us. Thank you very much, Please let me know because we are making a decision sometime this week... thanks alot!
Thank you so much, you have been really helpful.
My last question to you here... sorry to be so annoying. I just got a new notification from my employer, saying that he will file my h1b on feb 1st. (sucks), and "petition" for June activation on the visa. I don't know what does that mean, but could you please suggest me what should my wife do? i mean my f1 should ends on may 31st. and h1b will start on june 1st. but when should she start filing for h4? i heard that she will be legal once she filed the h4, but i don't know how long it takes for the uscis to know she filed the change of status petition. for example... can she file on may 31st?
or is it even possible if i receive my h1b visa approval on April, and she files for H4 when i got the approval but petition for june 1st activation, same as me?
because i really don't think my employer is willing to file for both of us. Thank you very much, Please let me know because we are making a decision sometime this week... thanks alot!
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sands_14
10-17 02:30 PM
What is yr name if I may ask?
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a_yaja
09-19 10:51 AM
I am planning to book tickets for my parents travelling from India to US and returning back to India after 2 months. I have some questions:
1) Is it necessary to book tickets in India?
2) If not, Can I book tickets through orbitz or expedia in the US and send them the e-tickets?
Please reply with your experiences.
Thanks in advance!
I have booked tickets on orbitz.com for my parents and cheaptickets.com for my in-laws. Both were eTickets and there were no problems. I preferred to pay in USD over INR due to the fact that visa/ mastercard charge a 1% transaction fee for international currency and my bank would have screwed me on the exchange rate.
1) Is it necessary to book tickets in India?
2) If not, Can I book tickets through orbitz or expedia in the US and send them the e-tickets?
Please reply with your experiences.
Thanks in advance!
I have booked tickets on orbitz.com for my parents and cheaptickets.com for my in-laws. Both were eTickets and there were no problems. I preferred to pay in USD over INR due to the fact that visa/ mastercard charge a 1% transaction fee for international currency and my bank would have screwed me on the exchange rate.
chvs2000@yahoo.com
08-17 10:56 AM
Hi all , Thanks for the responses. Actually Marriage certificate and medicals were in the packet, I forgot to list it here. After going through the instructions i see my employer sent the application to a wrong address.
Instructions say that for 140 related cases it should be sent to Nebraska or texas service center depending on where you live. Instead it has been sent to the Chicago lock box facility.
Now when i resubmit this package to the right place do I have to include a copy of the rejection notice(I 797 C)? also every page has a line printed on it sideways along the right edge. I am not sure if resubmission means sending the rejected packet as is or prepare the forms again and send the new ones.
In addition to checking the appropriate response in your I-485 form, you (wife)have to confirm that you are filing as a derivative of the husbands primary petition (Part 2, response should be "b" please make sure again! you may even use highlighter pen) you may include your husbands I-140 as well as Labor certification copies and highlight the Priority dates in these forms with brilliant colors.
Marriage Certificate is a must.
Also I would include the last years tax returns for your husband and the sealed medical clearance from your doctor, to make it rejection proof!
A cover letter as well as a "DO NOT OPEN IN MAIL ROOM" addressing the Service center director, and placing it over a double bagged packaging of the whole thing may also help.Somehow you have to convince the morons in the mail room that it is "RESUBMISSION DUE TO USCIS ERROR"
Wish you all the best!
Instructions say that for 140 related cases it should be sent to Nebraska or texas service center depending on where you live. Instead it has been sent to the Chicago lock box facility.
Now when i resubmit this package to the right place do I have to include a copy of the rejection notice(I 797 C)? also every page has a line printed on it sideways along the right edge. I am not sure if resubmission means sending the rejected packet as is or prepare the forms again and send the new ones.
In addition to checking the appropriate response in your I-485 form, you (wife)have to confirm that you are filing as a derivative of the husbands primary petition (Part 2, response should be "b" please make sure again! you may even use highlighter pen) you may include your husbands I-140 as well as Labor certification copies and highlight the Priority dates in these forms with brilliant colors.
Marriage Certificate is a must.
Also I would include the last years tax returns for your husband and the sealed medical clearance from your doctor, to make it rejection proof!
A cover letter as well as a "DO NOT OPEN IN MAIL ROOM" addressing the Service center director, and placing it over a double bagged packaging of the whole thing may also help.Somehow you have to convince the morons in the mail room that it is "RESUBMISSION DUE TO USCIS ERROR"
Wish you all the best!
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Ramba
05-19 02:31 PM
I 140 : approved last month
I 485 : July 07 filer passed 180 days
GC Process : Substition Labor / Future employment
The future employer is threatening to withdraw the I 140 if I dont comply with his financial terms.
I heard that if I 140 is approved and 485 is pending for 180 days, even if the employer withdraws I140 , there isn't much we need to worry. Is this true. currently on h1 which is expiring next month 6th. To convert to EAD do I need to do anything specific and send an update to USCIS?
Your case is tricky. AC21 may not protect you. First, your case is subsitution labor. That itself a negative factor. Second, your GC is for a future job. This means, you have not worked with sponser during non-immigrant status. As well as, you do not have intension to work for the sponsor after getting GC, as you have intension to invoke AC21. GC is for good faith intension in both parties(employer and employee) to have emplyment relationship after employee gets GC. As you have not worked for the sponser at any point of time, it is very difficult to prove that you have "good faith intension", if your employer withdraws the 140. It is not the AC21 issue, it is mostly the intension issue.
Also you mentioned that there is a financial issue. If your employer is not able to pay the salary for your position as per 140, then it is a geneune reason for him to withdraw. Then the 140 may become a misrepesentation. On the other hand, if employer willing to pay the 140 salary and if you are not accepting, then it clearly establishes that you have no intension of working for him at that salary. So, in this case AC21 will not applicable.
I 485 : July 07 filer passed 180 days
GC Process : Substition Labor / Future employment
The future employer is threatening to withdraw the I 140 if I dont comply with his financial terms.
I heard that if I 140 is approved and 485 is pending for 180 days, even if the employer withdraws I140 , there isn't much we need to worry. Is this true. currently on h1 which is expiring next month 6th. To convert to EAD do I need to do anything specific and send an update to USCIS?
Your case is tricky. AC21 may not protect you. First, your case is subsitution labor. That itself a negative factor. Second, your GC is for a future job. This means, you have not worked with sponser during non-immigrant status. As well as, you do not have intension to work for the sponsor after getting GC, as you have intension to invoke AC21. GC is for good faith intension in both parties(employer and employee) to have emplyment relationship after employee gets GC. As you have not worked for the sponser at any point of time, it is very difficult to prove that you have "good faith intension", if your employer withdraws the 140. It is not the AC21 issue, it is mostly the intension issue.
Also you mentioned that there is a financial issue. If your employer is not able to pay the salary for your position as per 140, then it is a geneune reason for him to withdraw. Then the 140 may become a misrepesentation. On the other hand, if employer willing to pay the 140 salary and if you are not accepting, then it clearly establishes that you have no intension of working for him at that salary. So, in this case AC21 will not applicable.
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Dhundhun
06-26 01:02 PM
If you paper filed your EAD and have done finger printing recently that could be the reason for 485 LUD. Its my opinion after every finger printing there will be an LUD in 485
No. FP for EAD is catagory 2, FP for I485 is catagory 3. I have not seen any LUD on I485 for getting FP for EAD.
As suggested by "mittal_a" it should be due to AC21 or some other routine stuff.
No. FP for EAD is catagory 2, FP for I485 is catagory 3. I have not seen any LUD on I485 for getting FP for EAD.
As suggested by "mittal_a" it should be due to AC21 or some other routine stuff.
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andy garcia
08-10 06:01 PM
Are you sure ? Did anyone receive a copy of approval notice at company recently ?:confused:
In December 2005, my company got a a courtesy copy from CIS, lawyer got the original.
andy
In December 2005, my company got a a courtesy copy from CIS, lawyer got the original.
andy
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nozerd
02-23 12:38 PM
Is IV aware of this meeting
http://judiciary.senate.gov/hearing.cfm?id=2555
http://judiciary.senate.gov/hearing.cfm?id=2555
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aj_jadeja
02-17 12:53 PM
Great article! Surely, it must have gotten John Miller atleast thinking what is going on in the US! What he has called a faster process in the US takes atleast 8-10 years since arrival in the US!
I am going to e-mail him, and would like others to do so too! Let us tell them the truth!
Dear Sir,
Many thanks for your interesting email, which I forwarded to a colleague based in the United States.
I understand it must be hard for somebody in your situation. But anecdotal evidence and statistics suggest that however hard life is for immigrants in the United States, it's even harder for immigrants in Europe.
Thanks again,
John Miller.
I am going to e-mail him, and would like others to do so too! Let us tell them the truth!
Dear Sir,
Many thanks for your interesting email, which I forwarded to a colleague based in the United States.
I understand it must be hard for somebody in your situation. But anecdotal evidence and statistics suggest that however hard life is for immigrants in the United States, it's even harder for immigrants in Europe.
Thanks again,
John Miller.
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saileshdude
10-07 11:46 PM
Jungalee,
I sent you a PM. Can you reply to that? Thanks a lot
I sent you a PM. Can you reply to that? Thanks a lot
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praveenuppaluri
02-21 10:41 AM
Hello all
starting Jan 19th 2010, all the previous forms for non-immigrant visa (DS 156, 157 and 158) are removed and one single form DS 160 is introduced. I am trying to fill that for my parents and this form is an online form and one of the questions in page 1 is "your full name in native alphabet". I remember filling that for my H1 previously where I take the printouts and write my name in that box in my native language. the new form however doesn't let you save or move forward with an empty box. the only other option there is "do not apply" and not sure if that is the right way of doing it (right now its the only way I can fill this form)
anyone who filled this form recently - can you please share what you did?
Thanks
Praveen
starting Jan 19th 2010, all the previous forms for non-immigrant visa (DS 156, 157 and 158) are removed and one single form DS 160 is introduced. I am trying to fill that for my parents and this form is an online form and one of the questions in page 1 is "your full name in native alphabet". I remember filling that for my H1 previously where I take the printouts and write my name in that box in my native language. the new form however doesn't let you save or move forward with an empty box. the only other option there is "do not apply" and not sure if that is the right way of doing it (right now its the only way I can fill this form)
anyone who filled this form recently - can you please share what you did?
Thanks
Praveen
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sledge_hammer
07-11 02:06 PM
Jakub (glus),
Good job on getting our message across. Good picture too! Finally we are seeing some faces behind the screen names.
http://www.nyjournalnews.com/apps/pbcs.dll/article?AID=/20070711/NEWS02/707110350
Funny? See below:
http://wwwapps.ups.com/WebTracking/processInputRequest?HTMLVersion=5.0&sort_by=status&tracknums_displayed=5&TypeOfInquiryNumber=T&loc=en_US&AgreeToTermsAndConditions=yes&InquiryNumber1=1ZE19A16P204195432
The message was IV template...
Glus
Good job on getting our message across. Good picture too! Finally we are seeing some faces behind the screen names.
http://www.nyjournalnews.com/apps/pbcs.dll/article?AID=/20070711/NEWS02/707110350
Funny? See below:
http://wwwapps.ups.com/WebTracking/processInputRequest?HTMLVersion=5.0&sort_by=status&tracknums_displayed=5&TypeOfInquiryNumber=T&loc=en_US&AgreeToTermsAndConditions=yes&InquiryNumber1=1ZE19A16P204195432
The message was IV template...
Glus
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nomorelogins
11-16 04:23 PM
your pd needs to be current for being allocated a visa number.
they process ( fp/namecheck etc ) and you eventually become documentarily ready. but still pd needs to be current to get GC
eligible_for_visa_num_alloc = pd_current && documentraily_ready && visa_number_available
they process ( fp/namecheck etc ) and you eventually become documentarily ready. but still pd needs to be current to get GC
eligible_for_visa_num_alloc = pd_current && documentraily_ready && visa_number_available
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khukubindu
08-18 11:03 AM
Hi SL
Which service center is processing your application ?
Which service center is processing your application ?
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eagerr2i
07-20 04:27 PM
Not in CA. My wife did her entire credentailing program with out a social security number. She got her Credentail certificate from California Commission of Tecahers and finger printing also done for teaching based on that temporary number allocated by her school.
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desi485
01-08 12:55 PM
My employer has not provided copy of labor or I-140.
I am not planning to use AC-21 as my employer and work profile is good. But say if there is some thing unplanned happens, and if I need to change jobs, what can I do?
not having copy of labor or I-140 is an issue for AC21?
I am not planning to use AC-21 as my employer and work profile is good. But say if there is some thing unplanned happens, and if I need to change jobs, what can I do?
not having copy of labor or I-140 is an issue for AC21?
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abhay
01-20 01:18 PM
Abhay,
It is certainly possible that the response was based only on the information available online, but there is no way to know for sure. That is why it is important to get written confirmation that USCIS rec'd your RFE response.
Ann
Thank You Ann.
It is certainly possible that the response was based only on the information available online, but there is no way to know for sure. That is why it is important to get written confirmation that USCIS rec'd your RFE response.
Ann
Thank You Ann.
eb_retrogession
03-22 11:21 AM
The webfaxes are effective! I just got off the phone with Senator Chambliss' immigration department. The person I spoke with (can't remember his name) mentioned the usual spiel: They were working on increasing the H1-B cap. They didn't seem aware of the retrogression issues. I clarified the problems we are facing and how they shouldn't be combined with illegal immigration and H1-b issues. He mentioned that the senate (with Senator Chambliss' help) passed legislation a couple of months ago to recapture visa numbers and was waiting for the House to pass the same measure. Is that true? In any case, our message is reaching the corridors of power. Good job guys!
If my memory serves me right, I think Chambliss was a part of the conference committee for S1932. I would be very surprised if his staff didn't know that these provisions were taken off from that bill.
prabir, try to follow up with this gentleman and see if he can give you a chance to talk f2f
If my memory serves me right, I think Chambliss was a part of the conference committee for S1932. I would be very surprised if his staff didn't know that these provisions were taken off from that bill.
prabir, try to follow up with this gentleman and see if he can give you a chance to talk f2f
shana04
07-30 01:37 AM
Thanks a lot for sharing good info.
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