Friday, June 17, 2011

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  • chi_shark
    09-09 03:45 PM
    This issue must have been beaten to death already... I do not think that you have to be a permanent resident or Citizen in USCIS terms for doing S-Corp. The requirement is stated in a negative fashion in the code. I mean that the code lists what cannot be instead of what should be. And I think it means that a s-corp shareholder cannot be a non-resident alien. Thats it. I am on EAD and I have an S-Corp (i dont do IT with that company). I have a full time IT job and run the company part time...

    I would have liked to do LLC except that it is more expensive to set it up compared to corp. there are record keeping requirements on corp... but if you are a good CEO, you will keep records for any company... no matter what legal style of organization.

    The only operational benefit of S-corp or llc is the pass through taxation... i.e. income is taxed only once... c-corp has to be taxed on profits... on the flip side, however, you may potentially have a company that does very little business in the first year and hence very little profits or taxes... you could give yourself a handsome (but reasonable) salary and hence declare loss or zero profits... there are ways..

    finally, I recommend spending the extra time, money, effort to read a few books (like "Inc yourself") and subscribe to inc magazine, entrepreneur magazine to do all legal and accounting stuff yourself in the first 1 2 years... you will learn a lot! on the other hand if you are starting with large capital base, then you can probably hire everyone right off the bat! (you probably would not have come here if you had plenty of money to hire everyone)


    Please don't give incorrect answers.

    All three corporation types (C-Corp, S-Corp, and LLC) have limited liability to its shareholders.

    The main difference in these corp types are
    1. How much record keeping is done
    2. The way taxes are computed and filed with IRS
    3. The kind of expenses allowed to deduct
    4. C-Corp and LLC can carryover profits to next year(s), but S-Corp has to pass on profit (or loss) to the shareholders at the end of every calendar year.

    For S-Corp, the shareholders must be Permanent Resident or US Citizen.

    I have corporation of my own and this is C-Corp (due to kind of expenses I can deduct and/or write-off). I did all the incorporation work myself without any help from CPA. Incorporation is pretty straight forward and very easy. There are good books in Nolo Press on Corporate Incorporation.


    ____________________________________
    Proud Indian American and Legal Immigrant




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  • chanduv23
    11-10 03:35 PM
    --- bump ---

    so many views but no replies yet :(

    Yes, you can, but must not get paid. the work must be volunteer work only. My wife was involved in cardiology research for 3 months while on h4. She was not paid - she was just a volunteer.

    I would recommend - not to get into unpaid work stuff. This is from personal experience. My wife was unpaid volunteer at Emory Cardiology research , and was being exploited - they found her to be good at work and started dumping all work to her - she was completing charts of paid employees and was working like hell because they set deadlines for her. We were furious and I pulled her out.
    When she requested that they give her a recommendation letter for all the work she did - they were reluctant to do it and started yelling at her and were extremely rude so that she wont ask again - they bullied her into signing a document that would strip her name off all publications. Finally after a lot of persistence and insisting, they gave a letter of recommendation.

    The reason I write this stuff is - to warn you all - do not get into this kind of stuff. The world is very exploitative and we cannot trust workplaces or people around us.

    Use time on H4 for some good stuff - volunteer for IV or there are so many things you can do.




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  • jackrabbit
    04-09 01:32 PM
    I guess you won't find much love for labor transfer cases in these forums but AFAIK AC21 has nothing to do with whom the labor was filed for.




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  • LostInGCProcess
    05-19 02:40 PM
    Reading all the posts, it appears there is a systemic problem with the Indian IT firms.
    As much as I feel sorry for all the employees who are going thru this issue with those IT firms, I also feel some blame has to go to those employees.

    PLEASE USE THE LEGAL SYSTEM TO REDRESS YOUR PROBLEMS. Talk to attorneys, take action, Drag them to the court. At least if 1 in 10 goes this route, they will understand that it would not be in their best interest to harass an employee and they may change the policy and start behaving better with the future employees.



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  • centaur
    02-09 08:39 AM
    I brought this up in July 2006, about atleast filing a class action lawsuit, even if its thrown out of court, we have attention of the news media. Being a taxpayer we are entitled to use the court system. But, at that time I was practically boo-ed of the website to the extent, that I erased my comments and stopped coming to this website.

    If we are in this together, I still think its possible. We talk about media attention, this is probably the best way to do so.

    Grounds:
    1) Discrimination based on country. I know about 7% quota, but a judge can put a hold on quota or refer it to more stidies or throw this issue. We dont know what the judge will think, its highly stupid for us to assume, that he will be against us from the start.

    But it will get media coverage and media will definitely comment on numbers of indians/chinese and simple ignorance of whoever came up with this quota. And also the fact that these are doctors, engg stc and in high tax-brackets.

    2) Emotional trauma, spouse not able to work and such. Thats a human rights issue, which is even bigger than immigration. It will start another debate.

    These are two very big grounds, another would be taxation without representation.

    I know immigration is a privilege, butas long as it gets media attention and average american starts realizing the difference between legal and illlegal.

    I think it will also bring CIR to debate sooner.




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  • chantu
    06-15 10:45 AM
    What if H1-B extension is for last 3 years of total 6 years? It means,my first 3 years are ending in nov 07, and if I file 485, will I get 3 years of extension or 1 yr extension?



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  • chanduv23
    06-29 08:08 PM
    Follow directions in your interview letter with list of things to take. Have all the originals and photocopies. If your case is straight forward , I dont think you need an attorney or else if you think you need an attorney find a local person in your area who can accompany you.

    I had an interview last Feb 2009, my case was pre-adjucated. My PD is 2005.

    Did you get the interview letter after preadjudication or was it a part of pre adjudication process?




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  • chanduv23
    11-20 11:29 AM
    Secretaries are from the Executive Branch and are responsible for the execution of the laws and are not directly responsible for the creation of the laws. So we could expect Memos that are more favorable to us but I wouldn't hold my breath over CIR yet.

    Well what I intend to say is - their influence is definitely there in framing laws.



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  • InTheMoment
    07-12 01:36 AM
    Hang on mann! no need to jump to conclusions yet...




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  • Administrator2
    09-07 01:25 PM
    IV Core,

    I have chosen to participate in the Law makers meeting and received the Talking points ( no confirmed appointments yet)

    I know IV has tailored it's agenda after much thought and deliberation. However, it's my personal opinion that some points may need to be tailored based on the party affiliation of the law maker we are speaking to, as one size doesn't fit all.

    Pro-labor demands may find resonance with a Congressman of labor background, but may not sit well the pro-employer Republican. ( point 5 of IV agenda). Also Point 7 may not be liked by a Democrat as it places haves before the havenots.

    My question is can we tailor it based on whom we are speaking to or keep it standard if some points are disliked by the lawmakers?

    I haven't mentioned the actual points as I'm not sure if they can be discussed here. Is it okay to discuss it here? Or is it better discussed offline?


    Could we just keep the focus of this thread to encourage more members to send the information required to setup the meetings on Sept 17th? Your comments may be important and you may have a valid concern, but mixing all the information and individual meeting view-points is going to create a chaos.

    Walking_dude,

    If you have any question, could you please simply send an email? Volunteers working on this effort are working day in and day out and they are not going to come to this thread to read your post and to answer your question. Your post is relevant, but somewhere else. It is not helping what we are trying to do on this thread. You apparently have the documents so that means you know which email to write your comments/concerns.

    Hope you understand what we are trying to say.



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  • needhelp!
    08-31 12:32 AM
    We just had a laugh discussing this, I hope you do too :)..NO.. but back to my initial question, just for Curiosity's sake

    Is it your wishful thinking bloke? if it was possible our chinni bhai would have done that instead of waiting this long...




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  • pappu
    08-11 01:12 PM
    Immigration Voice would like to thank its members for their continued support and dedication. Your contributions and volunteer efforts will enable us to work towards solving the issues that we all face during our employment based green card process.

    The 2009 Ombudsman report released at the end of June 09, confirms the grim future that we conveyed to our members in the last newsletter. If no action is taken by the legislature, heavily retrogressed nationalities of India and China have an upwards of 10 to 20 years of wait ahead of them. The time to act is now. We cannot sit back and relax and hope for something good to happen. We have to act in order for favorable things to happen. To that end, we would like to impress upon our members the significance of our latest Advocacy Action Item
    ================================================== ====================================

    IV Advocacy Action Item August 2009

    The future is not in the hands of fate, but in ours. The summer August recess is here and the lawmakers are back in their constituencies. This is an opportunity for us to meet with them and address our issues and present solutions in preparation for the upcoming CIR. We must push for our agenda to get our provisions in the base bill as CIR is being drafted currently. If we do not get our provisions in the base bill then it is much harder to get them attached to the bill in the form of amendments.

    IV therefore requests its members, to call up and start scheduling lawmaker meetings NOW. Please take appointments with your local lawmakers of both houses of Congress. You can find more information about how to reach your lawmaker in this guide http://immigrationvoice.org/media/HowTo_Guide_MeetLawmakers.doc
    We are organizing national and state level calls to coordinate this effort. You will be given detailed instructions on how to schedule meetings, what to carry, and most importantly present the IV community’s agenda and present solutions. We have scheduled two nationwide calls on August 11 and 12 to get everyone started on this action item. You can find the details of these calls including the dial in numbers from your state chapter or on IV’s Donor Forum.

    To that end, we have created multiple documents and support material that will go into your “Advocacy Packet” for you to carry for these lawmaker meetings. We have also created a Lawmaker Appointment Book http://immigrationvoice.org/index.php?option=com_content&task=view&id=80&Itemi d=36 where you will post the details of your lawmaker appointment and we will provide you with the advocacy packet. The idea is to at least have 2 or more people when going to any meeting with the lawmaker. More details of this action item can be found on this thread : http://immigrationvoice.org/forum/forum85-action-items-for-everyone/294611-iv-action-item-advocacy-month-august-2009-a.html

    In summary there are three parts to this action item

    1) Please start taking the appointments with your lawmakers now. . Once you take the appointment, update the details in the Lawmaker Appointment Book that is available on http://immigrationvoice.org/index.php?option=com_content&task=view&id=80&Itemi d=36 and you will receive the Advocacy Packet that you will need to take to the meetings.

    2) Please attend any one of the following calls to get more details on this action item. These calls will also provide an opportunity for you to ask questions and get updates on CIR.
    Call 1:
    Tuesday August 11, 8 PM EST

    Call 2
    Wednesday August 12, 9 PM EST

    3) Once you have your meetings, please email the details and feedback to info@immigrationvoice.org to help us follow up with their DC office with your feedback. Your detailed feedback will also help other members in their upcoming meetings with their representatives.

    We must push ourselves harder and stronger in this month if we have to see the light at the end of the tunnel. Advocacy is an integral, essential and important part of democracy and we must exercise our first amendment right to demonstrate that we not only are highly skilled and are high income individuals but we are truly the best and the brightest Future Americans.
    ================================================== ========================================

    Democracy, Advocacy and You

    Each one of you can be an advocate for the change you seek. Advocacy is not just for lawyers and lobbyists. You do not need to be a member of a bar association or hold a JD (law degree). Advocacy is not something that can only be done by the wealthy and the powerful. The power of American democracy lies in the right to petition the government in a peaceful manner to redress grievances and advocate for change. It is a right given to every person on US soil by the first amendment in the constitution. Peaceful and legitimate advocacy is an essential part of a democratic society. There is nothing to be afraid of. Just because you call your local lawmaker’s office or send them an email or a fax or meet them to make your case, your pending green card is not going to be in jeopardy. We must understand that we cannot talk about frustrations and ideas on the message boards and forums without following through on those words by meeting our lawmakers. Words without action are futile.

    Without any legislative action from congress, we all have a decade plus wait lying ahead of us. The retrogression is a reality and the nationality doesn’t matter. The priority date of your EB category doesn’t matter. Time to act is now. As the summer recess approaches for the congress in the month of august, the lawmakers will be back in their constituencies. This gives us an opportunity to meet with them as their constituents and make our case for our provisions to be included in the upcoming Comprehensive Immigration Reform. We have prepared an advocacy packet for you. Detailed instructions on how to set up meetings with your members of congress are included in it along with the supporting documents to make our case for Employment Based Green Card reforms.

    Immigration Voice Advocacy is a grassroots effort. Each one of you must become an advocate for the change we seek. Together, we will bring America out of the current economic recession and strengthen the national security. As a highly educated and highly skilled future American living in this country legally, we must petition the lawmakers to address our issues and present the solutions. We hope that you put action behind your words and passion.

    Thank You
    Immigration Voice



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  • LostInGCProcess
    09-18 04:25 PM
    If I work little less than 40 hrs will it be considered as part time? Can I use EAD at that time ?

    NO. Once you start using your EAD, whether part-time of full-time, it take precedence and your H1 becomes invalid.




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  • karthiknv143
    06-01 05:13 PM
    ^^^^^^^^^^^^^^^



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  • jayz
    07-15 01:42 PM
    Clicked on Immigration visa's and then appointments and you can find all months schedule there.... where I found for August too..

    Aghh.. got it. Thanks!




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  • fide_champ
    08-04 07:05 PM
    Hi , Thanks again for the reply.

    Related to Point 3 ,reason why im trying to this is to avoid all of us leaving country due to non approval of my COS, I dont have luxury to stay on L1 beyond next 2 months..

    well, i realistically see two options here:

    1. Get your family here ASAP and apply COS for all. If your COS gets approved, most likely theirs will get approved as well. You can do yours in premium and theirs by regular. As long as they get the receipt within 2 months, they'll be in status.
    2. You can apply COS for yourself in premium and ask your family to stamp H4. If they get stuck in 221g, then it could be months before they get here. That's the downside.

    Your L1 visa stays if your COS gets rejected, so you don't have to leave immediately.



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  • kumar1
    08-01 01:09 PM
    Is it just your imagination or did you base this on any source.

    buddy...can I buy you a lunch today? Please..




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  • jonty_11
    01-16 02:50 PM
    Whats a good score for Immigration purposes on the IELTS. Looks like the scale is 1 to 9.




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  • akilaakka
    07-11 02:10 PM
    My EAD and AP application was received June 19, 2009 at TSC. To my pleasant shocking & surprise USCIS approved mine and wife's application in 20 days and we received the card today.

    We are happy with the speed and efficiency USCIS and wish they could do everything the same way. we received two year EAD but concerned as receiving a two year EAD indicates that it may take a while to get my PD (Dec 2005).

    Thanks
    Senthil.




    mukraw6
    11-21 05:24 PM
    It said the same thing for me and that means you will recieve it in a weeks time or your lawyer




    himu73
    12-08 10:43 AM
    I was also asked similar questions about status. but that was mostly to check if I am not on student visa status. they do not care if you are on H1



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