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Receipt tracker of 485, EAD and AP applications Track receipt notices, checks and processing delays in 485, EAD and AP petitions.

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  #1 (permalink)  
Old 10-04-2007, 06:02 PM
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renupond is on a distinguished road
Default EAD & AP received...work on EAD??

My self and my wife both are on H1B. Both are working for different companies.

I filled I 485, EAD and AP through my company, for my self and my wife.

Questions:
1) I am the primary person. After getting the EAD, Is it possible, If my wife can open a consulting company with her name?

2) After opening a consulting company on her name, Is it possible, she can leave her H1B employer and run her own paystubs on her own company.



Your help will be really appreciated.
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  #2 (permalink)  
Old 10-04-2007, 06:31 PM
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Jan-05
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I140 Mailed Date
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08/15/2007
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senk1s is a jewel in the rough senk1s is a jewel in the rough senk1s is a jewel in the rough senk1s is a jewel in the rough
Default are you related to eadguru

or is it the same question you wanted an answer to?
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Disclaimer: NOT Legal Advice


Jan 2005 - EB3-PD
140/485/EAD/AP - Applied concurrently (Nebraska)

Aug 16, 2007 - RD, Oct 3, 2007 - ND (all case #s are LIN-08-00)
FP date Nov 6 (done)
i765 self and spouse - approved Nov 23
i131 self and spouse - lud Oct 9, Jan 30, Jan 31- doc mailed email Feb 4

i140 - lud Oct 4, Dec 18
i485 self and spouse - lud Oct 9, Nov 7, Dec 18
i765 self and spouse renewal e-file ND/RD -Jul 28 FP Aug 16 Cards recd Aug 28

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  #3 (permalink)  
Old 10-04-2007, 11:46 PM
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renupond is on a distinguished road
Default

No I am not related to eadguru.
I simply need this info for my spouse.

Thanks
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  #4 (permalink)  
Old 10-05-2007, 10:32 AM
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tnite is a glorious beacon of light tnite is a glorious beacon of light tnite is a glorious beacon of light tnite is a glorious beacon of light tnite is a glorious beacon of light tnite is a glorious beacon of light
Default

Quote:
Originally Posted by renupond View Post
My self and my wife both are on H1B. Both are working for different companies.

I filled I 485, EAD and AP through my company, for my self and my wife.

Questions:
1) I am the primary person. After getting the EAD, Is it possible, If my wife can open a consulting company with her name?

2) After opening a consulting company on her name, Is it possible, she can leave her H1B employer and run her own paystubs on her own company.



Your help will be really appreciated.
Check this thread http://immigrationvoice.org/forum/sh...ad.php?t=14138 (EAD - Opening a consulting company)
The questions are the same.thats why someone asked whether you're related to eadguru
__________________
Labor RIR : Mar 25,2005
I485/I765/I131 RD : July 2, 2007
I485/I765/I131 ND : Sep 8, 2007
I485 RFE 09/08/2008 I20,MC,OPT EAD Replied 09/19/2008

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  #5 (permalink)  
Old 10-05-2007, 04:43 PM
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renupond is on a distinguished road
Default 1099

Thanks for the giving link for reply. so I understand that she can work & start her own company to work as independent consultant.
Now I am curious to know..about move from H1 to EAD for her.
can she move from H1 to EAD immediately?
what are pros & cons by moving from h1 to EAD. As she already hv her SSN because of H1. do we need to inform about ead to SSN office? Also what kind of company she can have on EAD (corp,LLC)?
what is the procedure to hv own company? Steps to follow for Independent contracting? Taxes for independent contract earnings?

Also what if after a move she stopped independent contracting? two scenarios may be either join another company as employee or if she stopped working. in that case do we need to close the company?
Once she have her own company then she will work thru that company corp-to-corp or 1099??

Sorry...so many series of questions...but since this area is new.
appreciate your help.
Thanks in advance.
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  #6 (permalink)  
Old 10-09-2007, 01:11 PM
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ushkand will become famous soon enough
Default

can she move from H1 to EAD immediately?
Yes

what are pros & cons by moving from h1 to EAD. As she already hv her SSN because of H1. do we need to inform about ead to SSN office?
Pros are -
She can work for anyone or even not work at all

Cons -
The only risk here is the probability of your 485 being rejected. Also, having to use AP and renewing EAD/AP every year.

Also what kind of company she can have on EAD (corp,LLC)?
what is the procedure to hv own company? Steps to follow for Independent contracting? Taxes for independent contract earnings?

You should be able to start any kind of company. The simplest way would be to get a DBA (Doing business as) for her. Should take no more than 15 minutes at your local county office. That should suffice for independent contracting. She would then be on a 1099 with her client.

Also what if after a move she stopped independent contracting? two scenarios may be either join another company as employee or if she stopped working. in that case do we need to close the company?


You can always keep your company "open". You don't lose anything if you just have a DBA.

Once she have her own company then she will work thru that company corp-to-corp or 1099??
If you start an LLC or C/S corp, then it will most probably be a corp-to-corp and can get tricky with a lot of paperwork involved. DBA should be the most simple way if you are not planning on actually starting a "consulting firm" with more employees.
__________________
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PD - 09/06
I-140
TSC - approved 11/06
I-485
RD - NSC - 07/19/07
ND - TSC - 09/11/07
EAD - Card Ordered - 09/19/2007

Monthly recurring contribution - $50
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  #7 (permalink)  
Old 10-09-2007, 05:35 PM
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renupond is on a distinguished road
Default

If 1099 is not acceptable with client, what is the the easiest way to go forward, assuming no intent of other employees?

I think LLC is the only option ( if I dont want to go towards C-Cop ). How long does it take to set that up? What setps? What are the expenses involved other than one time registration fee?
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  #8 (permalink)  
Old 10-10-2007, 12:55 PM
Member
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ushkand will become famous soon enough
Default

Quote:
Originally Posted by renupond View Post
If 1099 is not acceptable with client, what is the the easiest way to go forward, assuming no intent of other employees?

I think LLC is the only option ( if I dont want to go towards C-Cop ). How long does it take to set that up? What setps? What are the expenses involved other than one time registration fee?
LLC is the easier option of the two with minimal paperwork involved and should be fairly simple to setup. I can only speak for Texas where LLC registration fee is $300 - so relatively your state fees should be around this amount.

There are some issues to consider when doing corp-to-corp -
-Liability insurance - Client will expect your company to carry up to $2M liability insurance (depending on the client).
-Employment tax which comes to 15.3% (Social security & Medicare) - compared to 7% which you would currently paying since you will responsible for the employers portion as well since you will be self-employed.

There may be other issues that I am not familiar with.
__________________
LABOR
PD - 09/06
I-140
TSC - approved 11/06
I-485
RD - NSC - 07/19/07
ND - TSC - 09/11/07
EAD - Card Ordered - 09/19/2007

Monthly recurring contribution - $50

Last edited by ushkand; 10-10-2007 at 01:15 PM.
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  #9 (permalink)  
Old 10-15-2007, 12:38 PM
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renupond is on a distinguished road
Default FEIN instead of 1099

If 1099 is not accepted by client & need FEIN (for corp-to-corp) then one can get a FEIN as sole priprietor. is there any additional requirements for this viz. liability insurance.. or anything else.
please let me know if anyone did this to do independent contracting & not building a company (LLC,scorp..)
would like to know more about FEIN & based on that independent contracting on EAD. Pros & Cons along with procedure as well..

thanks
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  #10 (permalink)  
Old 10-15-2007, 01:42 PM
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shirish is infamous around these parts shirish is infamous around these parts shirish is infamous around these parts
Default

Sorry Gurus, Couldn't figure out how to start a new thread. So posting here,

My spouse is on H4, Now she wants to use EAD and work.She wants to work part time, She has found a job as well, but the employer is sayng she can do parttime only for few months, after that she has to do full time or find a job somewhere else. Now if she cannot find another parttime job after few months, and has to stop working , will it affect her status?

Thankx in advance.
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  #11 (permalink)  
Old 10-15-2007, 03:02 PM
Senior Member
Priority Date
:
Mar-05
Category
:
EB2
I140 Mailed Date
:
06/13/2007
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:
India
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:
I-485
I485 Mailed Date
:
06/29/2007
Compare
Join Date: May 2006
Posts: 579
tnite is a glorious beacon of light tnite is a glorious beacon of light tnite is a glorious beacon of light tnite is a glorious beacon of light tnite is a glorious beacon of light tnite is a glorious beacon of light
Default

Quote:
Originally Posted by shirish View Post
Sorry Gurus, Couldn't figure out how to start a new thread. So posting here,

My spouse is on H4, Now she wants to use EAD and work.She wants to work part time, She has found a job as well, but the employer is sayng she can do parttime only for few months, after that she has to do full time or find a job somewhere else. Now if she cannot find another parttime job after few months, and has to stop working , will it affect her status?

Thankx in advance.
Once she goes from H4 to AOS(using EAD), it doesnt matter .she can work partime, FT or not work at all.
__________________
Labor RIR : Mar 25,2005
I485/I765/I131 RD : July 2, 2007
I485/I765/I131 ND : Sep 8, 2007
I485 RFE 09/08/2008 I20,MC,OPT EAD Replied 09/19/2008

Join the Tri State Chapter
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  #12 (permalink)  
Old 10-15-2007, 04:49 PM
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:
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shirish is infamous around these parts shirish is infamous around these parts shirish is infamous around these parts
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Thankx for the info.

Quote:
Originally Posted by tnite View Post
Once she goes from H4 to AOS(using EAD), it doesnt matter .she can work partime, FT or not work at all.
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