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funny
09-25-2008, 04:58 PM
Folks,

Back in those exciting/nail biting days of July 2007 ( I think all, who filed their 485, would remember that month throughout life) . There were couple of thread that got started to collect information on how to be our own BOSS and STOP being a slave of your Employer.

I think it would be a good idea to start a thread (pls forgive me if you think its not such a good idea after all to stat a new thred) and collect some fresh/new/interesting information from people who did try to live thier dream of be their own BOSS. I think it will help other people as well to start thinking about the important steps in the life given the fact the GC is still little too far.

Please post any information that is relevent to the topic of starting your own company while the 485 is still pending.

Start the company on Primary's Name?
Start the company on Spouse name?
W-2 with the Vendor?
Independent Consulting?

newbie2020
09-25-2008, 05:33 PM
I would love to get involved with bunch of like minded people.....I have all the experience needed for starting and running a company. I have successully done thrice.....We have so many experienced folks who would love to start and run a company but lack the experience/knowledge of running one. it would be a good start to bring all such people to get together and pool our knowledge, skills, money and succeed.

Let me know what do u guys think... We can discuss next course of action.

funny
09-25-2008, 05:39 PM
I would love to get involved with bunch of like minded people.....I have all the experience needed for starting and running a company. I have successully done thrice.....We have so many experienced folks who would love to start and run a company but lack the experience/knowledge of running one. it would be a good start to bring all such people to get together and pool our knowledge, skills, money and succeed.

Let me know what do u guys think... We can discuss next course of action.

newbie2020,

Can you provide some infomation on what are the point thats one should take care off, whilte starting the company with pending 485

newbie2020
09-25-2008, 10:06 PM
Here are the things you need

a) Business plan
b) Product/Service idea
c) An Accountant/Book keeper
d) A Lawyer (General/immigration)
e) Money
f) desire to succeed

rest everything is just things which can be arranged

Now specifically when u want to start a company with pending I-485 you want to determine what is that you want to do with it....Process H1's consulting, create products whatever.....

Determine what should be the structure of your company LLC, LLP, C-Corp each one has its own advantage and disadvantage......

find a CPA and register it..... Get the company registered open tax id....if you need a location, find one and sign lease, Open a bank account, Hire people.....an grow your company....:)

traveler07
09-25-2008, 10:11 PM
I fell into this website, just trying to get some information from people that have experience with immigration issues.
I run a small consulting business, and I have found an ideal candidate to work for me. He is a foreign national, and is currently in this country on an H1-B visa.
What requirements do I need to comply with to qualify to sponsor this person to work with my company?
I have tried to look up information on the government website, but it is frustrating. Am I asking the wrong questions?

thanks for any information you can help me with.

chi_shark
09-26-2008, 01:07 PM
hi,

i say great post! i actually was very happy in aug/sep this year and counted chicken much earlier than the eggs hatched... my eggs have not hatched... anyway, i set up an s-corp and got going... i did on my own name and with just me in it... the purpose of my s-corp was to do some non-IT work i.e. not consulting... though my day job is IT. my immigration lawyer warned me against being self employed for the GC sponsoring job... basically, if the USCIS ever becomes interested in your small business, they can ask any questions... including whether there is enough work to justify a full time employment and the burden of proof will be upon you... so if you plan to use AC21 to switch to your own company, i'd say think about it a little hard...

as for legal formalities with the state... that was a breeze... i incorporated with the state of illinois... filled out the form (2 pages). put it in the envelope with the check and sent it out... there are some other formalities too... i read the book "inc yourself" which had a bunch of easy instructions and things to watch out for... that was one amongst many books i read... did not consult any lawyer other than my immi lawyer... i use quickbooks for record keeping and have a free business checking account with national city... (i am in the midwest)... dont have cpa or lawyer yet... primarily, i want to learn the law and accounting myself before i outsource to lawyers/cpas...

all the best, let me know if i can help.. i would enjoy it...

Folks,

Back in those exciting/nail biting days of July 2007 ( I think all, who filed their 485, would remember that month throughout life) . There were couple of thread that got started to collect information on how to be our own BOSS and STOP being a slave of your Employer.

I think it would be a good idea to start a thread (pls forgive me if you think its not such a good idea after all to stat a new thred) and collect some fresh/new/interesting information from people who did try to live thier dream of be their own BOSS. I think it will help other people as well to start thinking about the important steps in the life given the fact the GC is still little too far.

Please post any information that is relevent to the topic of starting your own company while the 485 is still pending.

Start the company on Primary's Name?
Start the company on Spouse name?
W-2 with the Vendor?
Independent Consulting?

malaGCPahije
09-26-2008, 01:40 PM
hi,

i say great post! i actually was very happy in aug/sep this year and counted chicken much earlier than the eggs hatched... my eggs have not hatched... anyway, i set up an s-corp and got going... i did on my own name and with just me in it... the purpose of my s-corp was to do some non-IT work i.e. not consulting... though my day job is IT. my immigration lawyer warned me against being self employed for the GC sponsoring job... basically, if the USCIS ever becomes interested in your small business, they can ask any questions... including whether there is enough work to justify a full time employment and the burden of proof will be upon you... so if you plan to use AC21 to switch to your own company, i'd say think about it a little hard...

as for legal formalities with the state... that was a breeze... i incorporated with the state of illinois... filled out the form (2 pages). put it in the envelope with the check and sent it out... there are some other formalities too... i read the book "inc yourself" which had a bunch of easy instructions and things to watch out for... that was one amongst many books i read... did not consult any lawyer other than my immi lawyer... i use quickbooks for record keeping and have a free business checking account with national city... (i am in the midwest)... dont have cpa or lawyer yet... primarily, i want to learn the law and accounting myself before i outsource to lawyers/cpas...

all the best, let me know if i can help.. i would enjoy it...

I started an LLC earlier this year. Much easier and less risk with an LLC. It is still early to say whether the company will make it to higher grounds or not. But I sure am trying. I have me and my wife as manager members. No employees at the moment.

Best of luck to you all. GC or no GC, we can still make the entrepreneur dream happen.

funny
09-26-2008, 02:38 PM
So what is the general feeling about the Original GC sponsoring Job, Should we continue the Primary Job and Start a company on the sides. In my case

1. I am not on H1B anymore
2. I am already using my EAD with my GC sponsoring employer.
3. My Employer is ok if i leave the company ( i have been with them for 6-7 yrs now and they have made enough from me...fair enough i think)
4. My employer will not revoke the I-140 for sure.
5. My client is ok to work with me if i start my own company.

All the above points make me inclined towards starting a company and work for it, Do you think it is not advisable to change the employer specially in the case when you are starting your own company..

funny
09-26-2008, 04:15 PM
.

chi_shark
09-26-2008, 04:42 PM
Why is llc less risk? i know that the legal paper trail requirements are lower... but i dont know of any other major benefit than ability to share profit and loss disproportionate to ownership stake... which could be a double edged sword too... what risk is covered in llc that is not covered in corp?

in fact i chose corp because it was cheaper.... thats it.

I started an LLC earlier this year. Much easier and less risk with an LLC. It is still early to say whether the company will make it to higher grounds or not. But I sure am trying. I have me and my wife as manager members. No employees at the moment.

Best of luck to you all. GC or no GC, we can still make the entrepreneur dream happen.

chi_shark
09-26-2008, 04:44 PM
all i can say is that your situation sounds like an illegal situation... if you are simply going to provide offer letter without actually having a job... but thats between you and your company and you may be perfectly legal and fine... check with a lawyer dude


So what is the general feeling about the Original GC sponsoring Job, Should we continue the Primary Job and Start a company on the sides. In my case

1. I am not on H1B anymore
2. I am already using my EAD with my GC sponsoring employer.
3. My Employer is ok if i leave the company ( i have been with them for 6-7 yrs now and they have made enough from me...fair enough i think)
4. My employer will not revoke the I-140 for sure.
5. My client is ok to work with me if i start my own company.

All the above points make me inclined towards starting a company and work for it, Do you think it is not advisable to change the employer specially in the case when you are starting your own company..

malaGCPahije
09-26-2008, 04:53 PM
Why is llc less risk? i know that the legal paper trail requirements are lower... but i dont know of any other major benefit than ability to share profit and loss disproportionate to ownership stake... which could be a double edged sword too... what risk is covered in llc that is not covered in corp?

in fact i chose corp because it was cheaper.... thats it.

the low risk lies in the fact that any adverse decision you may have to take ever (God forbid) like bankruptcy does not affect your own personal credit history and assets. I am not sure whether the same exists for corp or not. So I may be wrong regarding the low risk factor of LLC. But I always had the notion of starting any venture as an LLC and then moving on to a corp.

funny
09-26-2008, 05:31 PM
all i can say is that your situation sounds like an illegal situation... if you are simply going to provide offer letter without actually having a job... but thats between you and your company and you may be perfectly legal and fine... check with a lawyer dude

Why do you think that my situation looks like and illegal one....I would really like to get an analysis from you/anyone on why this situation is illegal.
is it not ok to start a company on EAD?
is it not ok to start a company on your spouse name and work throug it?

Your explanations will be greatly appreciated.

chi_shark
09-26-2008, 05:50 PM
Hey! sorry, i did not mean to judge your situation... all i was thinking is that... hmm.. he works for this company... no he does not.. he works for himself... no but he has an arrangement with that company... so i did not really understand and for a minute i thought it was not a sound thing to do (at least for me)... even i had many questions of very legalese nature... i did ask a lawyer to see me for an hour or two... he went over all my papers and advised me about it... took $200 for that piece... $200 well spent i think.

its ok to start a company... i just got confused with the company bit... sorry again.


Why do you think that my situation looks like and illegal one....I would really like to get an analysis from you/anyone on why this situation is illegal.
is it not ok to start a company on EAD?
is it not ok to start a company on your spouse name and work throug it?

Your explanations will be greatly appreciated.

chi_shark
09-26-2008, 05:55 PM
llc and s-corp are same for the situation you brought up... however, you gotta be mindful of the "corporate veil"... http://en.wikipedia.org/wiki/Piercing_the_corporate_veil trap... which can affect any company llc or corp... dont worry, there is nothing bad in it... just make sure that you keep real good records and separate business operations from personal...

further i doubt that s-corp or corp is a promotion over llc as your post seems to suggest...

anyway... your choice is not bad... and neither is mine...

disclaimer: many experts dont consider wikipedia a reliable source of information.

the low risk lies in the fact that any adverse decision you may have to take ever (God forbid) like bankruptcy does not affect your own personal credit history and assets. I am not sure whether the same exists for corp or not. So I may be wrong regarding the low risk factor of LLC. But I always had the notion of starting any venture as an LLC and then moving on to a corp.

BECsufferer
09-29-2008, 01:54 PM
Guys ... first of all thanks for starting this thread. Worth every bit of space on server.

I am based in Michigan and would like to get in touch with someone locally to guide me in setting up a LLC. Well saying that, I don't mind venturing with like minded people outside MI too. I have few ideas and would like to work on those, these are in products and industry I am working with (Mechanical/ Industrial). However, I think same approach can be used to generate IP in other fields too. So i am open to collaborate with like minded people to benefit from each other. i emphasize on like minded people, because their would be failures too and so need equal buy in.

Neverhteless, what I am saying is if their is an opportunity to collaborate to succeed collectively? Write me back what you think and good Luck.

funny
09-29-2008, 02:21 PM
No offense to anyone, you are still free to discuss anything you want.

The purpose of this thread was to get information from the immigration point of view and wether its ok to start your company if you have 485 pending and what effect it might have on your GC process and also to get valuable information from people who have already started their own company.

Guys Please post valuable information on this thread, so that it can help other people who are planning to start their own company.

chi_shark
09-29-2008, 02:55 PM
what are you? the policeman? let him write what he wants to... take it or leave it...

no offense to anyone...

No offense to anyone, you are still free to discuss anything you want.

The purpose of this thread was to get information from the immigration point of view and wether its ok to start your company if you have 485 pending and what effect it might have on your GC process and also to get valuable information from people who have already started their own company.

Guys Please post valuable information on this thread, so that it can help other people who are planning to start their own company.

h1techSlave
09-29-2008, 03:02 PM
Do you have to go thru an accountant to start a company?

I started an LLC earlier this year. Much easier and less risk with an LLC. It is still early to say whether the company will make it to higher grounds or not. But I sure am trying. I have me and my wife as manager members. No employees at the moment.

Best of luck to you all. GC or no GC, we can still make the entrepreneur dream happen.

chi_shark
09-29-2008, 08:55 PM
I am very depressed! my lawyer who is doing my I-485 has advised that if she was to be concerned with her representing me, she would advise against me starting the company. basically, she said, USCIS can read this as an intent to leave the permanent employer for self employment. my business plan was to be in non-IT business. she said that if i am making enough money in the business, it will be hard to prove that i intend to continue in the job while having this business on the side...

well! best of luck to you guys! go on sharing your stories.

chi_shark
09-29-2008, 08:57 PM
no you dont *need* an accountant... but accounting is a lot of work and if you do not understand the law and the IRS, then you could get into trouble with bad accounting...

Do you have to go thru an accountant to start a company?

hanu_78
10-01-2008, 08:40 AM
Hi,

My wife is doing residency using her EAD and she wanted to start a medical staffing company. Would there be any problem from the 'hospitals' since she is working as full time employee or is it depending on the individual hospital contract?

Please help me out if anybody has an idea.

Thanks.

chi_shark
10-01-2008, 02:54 PM
it depends on the individual hospital... your downside is only your wife getting fired... which might not really happen unless your wife supplies 100 A grade nurses to the directly competing hospital across the street... if she does that, anyway she wont care for the job.... :-) all the best... let us know how it goes...

Hi,

My wife is doing residency using her EAD and she wanted to start a medical staffing company. Would there be any problem from the 'hospitals' since she is working as full time employee or is it depending on the individual hospital contract?

Please help me out if anybody has an idea.

Thanks.

hanu_78
10-01-2008, 04:18 PM
it depends on the individual hospital... your downside is only your wife getting fired... which might not really happen unless your wife supplies 100 A grade nurses to the directly competing hospital across the street... if she does that, anyway she wont care for the job.... :-) all the best... let us know how it goes...

Thanks chi_shark for your reply. We are currently going through all her signed contract documents just to make sure we don't get any problem in future because now a dayz getting a residency is like getting Green card.

I will post with a update.

indyanguy
10-01-2008, 08:45 PM
From what I can gather, from the immigration perspective:

1. If you are on H1 - You can technically start a business but since you cannot "work" towards it, in practice it's almost impossible

2. If you are on H1 and have an EAD - You can start a business. But if you use your EAD, you are no longer on H1. (There are contradicting views on using EAD for PT while still maintaining H1. For now, this is a grey area)

3. If you are on EAD -
a. If you plan to work on your business on a part time basis and stay with your sponsored job full time, I don't see a problem with this.
b. If you plan to work on your business full time, you might have an issue with a RFE at the I-485 stage as you would have used AC21 for self employment (Some people say this is okay, but it depends on your risk taking ability)

Thoughts?

funny
10-01-2008, 11:58 PM
From what I can gather, from the immigration perspective:

1. If you are on H1 - You can technically start a business but since you cannot "work" towards it, in practice it's almost impossible

2. If you are on H1 and have an EAD - You can start a business. But if you use your EAD, you are no longer on H1. (There are contradicting views on using EAD for PT while still maintaining H1. For now, this is a grey area)

3. If you are on EAD -
a. If you plan to work on your business on a part time basis and stay with your sponsored job full time, I don't see a problem with this.
b. If you plan to work on your business full time, you might have an issue with a RFE at the I-485 stage as you would have used AC21 for self employment (Some people say this is okay, but it depends on your risk taking ability)

Thoughts?

What about when u start the company on your spouse name and you work through it...I guess that would also be considered as self employment

chi_shark
10-02-2008, 01:01 PM
i am in the 3.a. situation. what does part time mean? can you really be working part time when you are a CEO, CFO, COO, CMO of a company? not that i am raising this questions... I want to continue to be in the 3.a. situation, but can the IO ask these questions? if i make revenue of $20000 (twenty thou) and profit of $2000 a year will that be considered enough for IO to think that my intention is to switch to my company after green card and hence no intention of continuing permanent employment? or is that number higher (or lower)...

I want to become a believer in your 3.a. statement... please let me know what you think.

From what I can gather, from the immigration perspective:

1. If you are on H1 - You can technically start a business but since you cannot "work" towards it, in practice it's almost impossible

2. If you are on H1 and have an EAD - You can start a business. But if you use your EAD, you are no longer on H1. (There are contradicting views on using EAD for PT while still maintaining H1. For now, this is a grey area)

3. If you are on EAD -
a. If you plan to work on your business on a part time basis and stay with your sponsored job full time, I don't see a problem with this.
b. If you plan to work on your business full time, you might have an issue with a RFE at the I-485 stage as you would have used AC21 for self employment (Some people say this is okay, but it depends on your risk taking ability)

Thoughts?

indyanguy
10-02-2008, 09:25 PM
i am in the 3.a. situation. what does part time mean? can you really be working part time when you are a CEO, CFO, COO, CMO of a company? not that i am raising this questions... I want to continue to be in the 3.a. situation, but can the IO ask these questions? if i make revenue of $20000 (twenty thou) and profit of $2000 a year will that be considered enough for IO to think that my intention is to switch to my company after green card and hence no intention of continuing permanent employment? or is that number higher (or lower)...

I want to become a believer in your 3.a. statement... please let me know what you think.

If you are on 3a, you have neither used AC21 nor have you left your full time job (FT job that aligns with your LC). On EAD, you can do any number of jobs (ex: you can even work 2 part time jobs totally unrelated to your LC requirements ofcourse as long as you continue to be with your GC employer). Using this rationale, you should be fine starting a business and making profit in the part time.

In fact even those who were in 3 b were able to get their GC after an interview (Search for posts by the user "unitednations"). But, it's risky and best avoided.

Personally, I want to get into 3 a, but my 140 is still pending. I plan to approach my company to switch me to EAD as soon as my 140 gets approved.

PS: This is not legal advice. Please contact your attorney and do more research before taking any steps further.

matreen
10-03-2008, 01:45 AM
Guys,

I am also close to situation 3.a but I changed my GC sponsered employer and working for other good and stable company using AC21.

I would like to start a company and do a side business.

What you recommend - registering it on my is good idea or on spouse's name?

If I register it on my name and generate a profit - is it going to impact my 485 as I already invokded AC21? (again I will be working in simialr job as a FT)

Any sugessions would be great help.

Thanks,
M

If you are on 3a, you have neither used AC21 nor have you left your full time job (FT job that aligns with your LC). On EAD, you can do any number of jobs (ex: you can even work 2 part time jobs totally unrelated to your LC requirements ofcourse as long as you continue to be with your GC employer). Using this rationale, you should be fine starting a business and making profit in the part time.

In fact even those who were in 3 b were able to get their GC after an interview (Search for posts by the user "unitednations"). But, it's risky and best avoided.

Personally, I want to get into 3 a, but my 140 is still pending. I plan to approach my company to switch me to EAD as soon as my 140 gets approved.

PS: This is not legal advice. Please contact your attorney and do more research before taking any steps further.

chi_shark
10-03-2008, 11:50 AM
actually, lets make another category 3.c. people who have shifted jobs after ead using AC21 and now want to or already have started a company for side business (that may be in the labor/perm cert job description or outside)...

So, I am 3.c. and so is perhaps matreen... after digesting my conversation with the lawyer for two three days now, i am feeling that it might be worth taking the risk of doing a side business. after all, we are not doing anything that is uncivil or criminal... just trying to boost our incomes and perhaps contribute to an industry or something like that... that noble intention could be viewed as an exclusive intention in relation to the intention to continue permanent employment with the new GC sponsoring employer... what do you guys think?



If you are on 3a, you have neither used AC21 nor have you left your full time job (FT job that aligns with your LC). On EAD, you can do any number of jobs (ex: you can even work 2 part time jobs totally unrelated to your LC requirements ofcourse as long as you continue to be with your GC employer). Using this rationale, you should be fine starting a business and making profit in the part time.

In fact even those who were in 3 b were able to get their GC after an interview (Search for posts by the user "unitednations"). But, it's risky and best avoided.

Personally, I want to get into 3 a, but my 140 is still pending. I plan to approach my company to switch me to EAD as soon as my 140 gets approved.

PS: This is not legal advice. Please contact your attorney and do more research before taking any steps further.

jkays94
10-03-2008, 02:32 PM
I am very depressed! my lawyer who is doing my I-485 has advised that if she was to be concerned with her representing me, she would advise against me starting the company. basically, she said, USCIS can read this as an intent to leave the permanent employer for self employment. my business plan was to be in non-IT business. she said that if i am making enough money in the business, it will be hard to prove that i intend to continue in the job while having this business on the side...

well! best of luck to you guys! go on sharing your stories.

Although USCIS guidances are not binding, you might want to pay attention to the below (was not able to upload the attachment, you might want to google for it)

To: REGIONAL DIRECTORS
SERVICE CENTER DIRECTORS
From: Michael Aytes
Acting Director of Domestic Operations
Date: December 27, 2005
Re: Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and
H-1B petitions affected by the American Competitiveness in the Twenty-First Century Act of
2000 (AC21) (Public Law 106-313)


Question 7. Should service centers or district offices request proof of “ability to pay” from
successor employers in I-140 portability cases, in other words, from the new
company/employer to which someone has ported?
Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational
classification as the alien’s I-140 employment. It may be appropriate to confirm the legitimacy of a
new employer and the job offer through an RFE to the adjustment applicant for relevant information
about these issues. In an adjustment setting, public charge is also a relevant inquiry.


Question 8. Can an alien port to self-employment under INA §204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a
"same or similar" occupational classification as the job for which the original I-140 petition was filed.
Second, it may be appropriate to confirm that the new employer and the job offer are legitimate
through an RFE to the adjustment applicant for relevant information about these issues. Third, as
with any portability case, USCIS will focus on whether the I-140 petition represented the truly
intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-
140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended
to undertake the employment, upon adjustment. Adjudicators should not presume absence of such
intent and may take the I-140 and supporting documents themselves as prima facie evidence of such
intent, but in appropriate cases additional evidence or investigation may be appropriate.

ItIsNotFunny
10-03-2008, 02:53 PM
Although USCIS guidances are not binding, you might want to pay attention to the below (was not able to upload the attachment, you might want to google for it)

To: REGIONAL DIRECTORS
SERVICE CENTER DIRECTORS
From: Michael Aytes
Acting Director of Domestic Operations
Date: December 27, 2005
Re: Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and
H-1B petitions affected by the American Competitiveness in the Twenty-First Century Act of
2000 (AC21) (Public Law 106-313)


Question 7. Should service centers or district offices request proof of “ability to pay” from
successor employers in I-140 portability cases, in other words, from the new
company/employer to which someone has ported?
Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational
classification as the alien’s I-140 employment. It may be appropriate to confirm the legitimacy of a
new employer and the job offer through an RFE to the adjustment applicant for relevant information
about these issues. In an adjustment setting, public charge is also a relevant inquiry.


Question 8. Can an alien port to self-employment under INA §204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a
"same or similar" occupational classification as the job for which the original I-140 petition was filed.
Second, it may be appropriate to confirm that the new employer and the job offer are legitimate
through an RFE to the adjustment applicant for relevant information about these issues. Third, as
with any portability case, USCIS will focus on whether the I-140 petition represented the truly
intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-
140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended
to undertake the employment, upon adjustment. Adjudicators should not presume absence of such
intent and may take the I-140 and supporting documents themselves as prima facie evidence of such
intent, but in appropriate cases additional evidence or investigation may be appropriate.

Do you believe IOs understand any of these complex rules? Few days before someone posted that at the time of final GC interview IO even didn't know at all about July fiasco!

chi_shark
10-03-2008, 03:12 PM
even if IOs dont know and even if they reject it, we can at least enforce it through MTR, courts etc if they ever walk into this grey area and actually decide to deny the case based on non-intent to undertake permanent employment... right?

this is great...

so does this Q8 and the response mean that the intent of continuing with full time employment applies at the time of applying for I-140 and not at the time of adjudication?????? if that is the case, it will be GREAT!!!! hip hip hurray.. then i really dont need a green card... in a way at least...

Do you believe IOs understand any of these complex rules? Few days before someone posted that at the time of final GC interview IO even didn't know at all about July fiasco!

funny
10-03-2008, 03:19 PM
even if IOs dont know and even if they reject it, we can at least enforce it through MTR, courts etc if they ever walk into this grey area and actually decide to deny the case based on non-intent to undertake permanent employment... right?

this is great...

so does this Q8 and the response mean that the intent of continuing with full time employment applies at the time of applying for I-140 and not at the time of adjudication?????? if that is the case, it will be GREAT!!!! hip hip hurray.. then i really dont need a green card... in a way at least...

Me too.. I will start my company and work for it....enough is enough...no more getting scared..oh what will happen if the IO doesn't like my face..ot the way i dress....:D:D

abhisec
10-03-2008, 04:38 PM
Me too.. I will start my company and work for it....enough is enough...no more getting scared..oh what will happen if the IO doesn't like my face..ot the way i dress....:D:D

Do we have any conclusive evidence of these cases? Have we seen prior cases being approved using this approach?

chi_shark
10-03-2008, 05:37 PM
i asked the exact same question to my lawyer... she had no evidence or past precedents... i doubt if any lawyer will have it...

the thing to note here is this: more often than not, your 485 will get approved (if your case is approvable) without any issues in the normal course... the question of denial comes ONLY IF there is an RFE and then ONLY IF IO is not satisfied with your RFE and he calls you over for an interview and then ONLY IF he is not satisfied with answers you give in interview. Taking a wild guess, we are talking about maybe small percentage of folks going to the RFE stage and fraction of that going to interview and a fraction of that actually getting denials... if people have other complications such as basic legalities in their business/self-employment or any other issues such as no pay for long time etc... then i suspect they may get denied whether self employed or not.... but if all is clear, then it should be very minimal...

GREAT I SAY! What do you think?

Do we have any conclusive evidence of these cases? Have we seen prior cases being approved using this approach?

indyanguy
10-03-2008, 08:56 PM
actually, lets make another category 3.c. people who have shifted jobs after ead using AC21 and now want to or already have started a company for side business (that may be in the labor/perm cert job description or outside)...

So, I am 3.c. and so is perhaps matreen... after digesting my conversation with the lawyer for two three days now, i am feeling that it might be worth taking the risk of doing a side business. after all, we are not doing anything that is uncivil or criminal... just trying to boost our incomes and perhaps contribute to an industry or something like that... that noble intention could be viewed as an exclusive intention in relation to the intention to continue permanent employment with the new GC sponsoring employer... what do you guys think?

3 c. is very similar to 3 a. Although you have used AC21, you are still working on a job that is as per the Labor Certification (if not, then you have bigger problems as AC21 can only be used for same/similar jobs). 3 c. *might* add a level of complexity for your case, but I think you should be fine. The reason I say this is that AC21s have a higher chances of RFEs especially if your previous employer revoked the I-140.

But again, we should cross the bridge when we get there and as long as we are doing something legal, we should be fine even though it might be a grey area. Being future entrepreneurs, we need to get accustomed to taking risks :)

h1techSlave
12-24-2008, 02:25 PM
1. Click here (http://www.deals2buy.com/r/52108345.htm) to go to MyCorporation.com
2. FREE Incorporation or LLC business formation until the end of the month (Gov. fees apply).
3. At the Checkout Apply Free Business Formation Coupon code: MYGIFT (Exp 12/31/2008)
4. Final Price : Free Business Formation + Gov. Fees


If I choose the LLC option, is it recommended to opt for "Federal Tax ID / EIN" also?

onemorecame
01-15-2009, 04:51 PM
Did you start your own company now?
what is diff between llc and s-corp and which one is good to start?

chi_shark
01-15-2009, 04:54 PM
what is diff between llc and s-corp and which one is good to start?

The latest issue of the inc magazine has a good article on this topic... that way you will get unbiased non-debate information...

raydon
07-05-2009, 10:23 AM
what is diff between llc and s-corp and which one is good to start?


Hope this helps.

Business Formation Compare Documents - Trademarks, Patents and Copyrights - LegalZoom.com (http://www.legalzoom.com/business-formations/compare-documents.html?cm_mmc=affiliate-_-dt-_-CD6-_-na)

jthomas
07-05-2009, 01:52 PM
1. Click here (Loading deal page (http://www.deals2buy.com/r/52108345.htm)) to go to MyCorporation.com
2. FREE Incorporation or LLC business formation until the end of the month (Gov. fees apply).
3. At the Checkout Apply Free Business Formation Coupon code: MYGIFT (Exp 12/31/2008)
4. Final Price : Free Business Formation + Gov. Fees


If I choose the LLC option, is it recommended to opt for "Federal Tax ID / EIN" also?

I have been to some SCORE seminars and they prefer to go to a qualified office and get the LLC made. On a average one spends aroud 1500 dollars to make a LLC/Co-operation. Initally start with a sole properitorship and later if the business picks up make a LLC

ras
07-26-2009, 06:11 PM
After incorporating the company in one of the states. What are the next important things one as a owner of the company needs to take care of especially if it is in IT product development area ( ofcourse including consulting but not purely comparable to predominent desi consultancy services)

Specifically in the following category:

1. If you are selling IT software products and services, what are the legal necessary formalities one needs to take care of?

2. How about expanding the branches in outside USA? May be a branch office in India to leverage huge technical resources? Any legal or other things to be taken care of ?

3. Bank Accounts next steps

4. Credits Credit Cards. What are the precautions one needs to take care of?

Any other thoughts....

chi_shark
07-26-2009, 11:04 PM
assuming you have done everything for registration of the company... you are all set... no other formalities. you may want to write bye-laws of the company if you wish to pursue vc funding or partners... other than that you should be good..

if you are a new company, very likely that you got a credit card that is backed by your personal credit... thats somethign to take care off.

After incorporating the company in one of the states. What are the next important things one as a owner of the company needs to take care of especially if it is in IT product development area ( ofcourse including consulting but not purely comparable to predominent desi consultancy services)

Specifically in the following category:

1. If you are selling IT software products and services, what are the legal necessary formalities one needs to take care of?

2. How about expanding the branches in outside USA? May be a branch office in India to leverage huge technical resources? Any legal or other things to be taken care of ?

3. Bank Accounts next steps

4. Credits Credit Cards. What are the precautions one needs to take care of?

Any other thoughts....

NH123
07-27-2009, 11:58 AM
Is it possible to start a business on H1-B.Will there be any issues when i will file my 485.Can i give my Residential address as a contact address for the parent company which is in India ?Althoguh the income will not be generated on my name but will there be any issues in giving my Home address as point of contact ?Thanks in advance

pappu
07-27-2009, 12:56 PM
This might be helpful

http://immigrationvoice.org/wiki/index.php/Starting_a_Business

NH123
07-28-2009, 01:55 AM
Is it possible to start a business on H1-B.Will there be any issues when i will file my 485.Can i give my Residential address as a contact address for the parent company which is in India ?Althoguh the income will not be generated on my name but will there be any issues in giving my Home address as point of contact ?Thanks in advance

Gurus..Can somebody please reply to it...

Thackeray61
08-08-2010, 09:25 PM
Where are the members here? Why did this discussion has discontinued? I want to learn more about the basic steps in running a company since I'm still a newbie here.

iam_amit
12-27-2010, 02:17 AM
Hi, me and my wife we both r on H1b. My wife works with a solution & service LLC.say company A, now the owner is ready to start a new company, say B,with my wife as partner. She will be just passive investor in the company and getting profits, if any from company B. Can she still work full time with company A?. How can we invest in company B and take profits. What r IRS forms?. Finally any good attorney suggestions for Houston, TX.

What are the options for business formation,

Does anyone see any issue with this kind of formation and GC process for me.

Thanks,