somegchuh
08-22 12:41 PM
I think you are absolutely right. Starting a business without a partnership is nearly impossible because you will be violating the H1 by working for it.
However, if you go into a partnership, that will be like owning stocks of a company. You don't have to work for it.
But you raise a good point about tax return scrutiny when you go for stamping. They can ask how you were making business income.
Has anyone here run a business on H1? What are the tax implications?
I have looked into this and talked to my lawyer. The basic consensus seems to be -- yes you can start your own business (wither alone or in partnership with someone else). But as long as you are on H1B VISA and do not have at least an EAD, you cannot actively(which means you cannot be running the day to day operations) work on your business. You can promote the business perform occasional volunteer work, but cannot be paid for this work.
I believe you can derive profits from the business (check with your lawyer because he's the one who will have to deal with any USCIS headaches), but as with all things, if the profits are high enough, your business may be scrutinized by the USCIS. Also remember when you go to the consulate to stamp your H1B, they will examine your tax records, and you will have to have a good enough explanation as to how you owned the business without violating the H1B status (by actively working on it). It's tricky and unless you are talking about small amounts of money think very carefully about starting your own business.
Since you cannot actively run the business, it makes sense to partner with a person who is authorized to run the day to day operations of the business (either a citizen of the US or a perm resident).
However, if you go into a partnership, that will be like owning stocks of a company. You don't have to work for it.
But you raise a good point about tax return scrutiny when you go for stamping. They can ask how you were making business income.
Has anyone here run a business on H1? What are the tax implications?
I have looked into this and talked to my lawyer. The basic consensus seems to be -- yes you can start your own business (wither alone or in partnership with someone else). But as long as you are on H1B VISA and do not have at least an EAD, you cannot actively(which means you cannot be running the day to day operations) work on your business. You can promote the business perform occasional volunteer work, but cannot be paid for this work.
I believe you can derive profits from the business (check with your lawyer because he's the one who will have to deal with any USCIS headaches), but as with all things, if the profits are high enough, your business may be scrutinized by the USCIS. Also remember when you go to the consulate to stamp your H1B, they will examine your tax records, and you will have to have a good enough explanation as to how you owned the business without violating the H1B status (by actively working on it). It's tricky and unless you are talking about small amounts of money think very carefully about starting your own business.
Since you cannot actively run the business, it makes sense to partner with a person who is authorized to run the day to day operations of the business (either a citizen of the US or a perm resident).
wallpaper and Brandon Boyd Art and
Can2004
03-14 12:53 PM
I have one more question.
My wife, also a Canadian citizen, was on F 1 visa until June 2008. She is working on EAD now( based on derivative adjustment).
Her only status now is AOS pending and parolee( has used AP once last october).
Will she be able to enter back without an AP ? ( first AP expired and new one is pending @ NSC)
thanks again!
My wife, also a Canadian citizen, was on F 1 visa until June 2008. She is working on EAD now( based on derivative adjustment).
Her only status now is AOS pending and parolee( has used AP once last october).
Will she be able to enter back without an AP ? ( first AP expired and new one is pending @ NSC)
thanks again!
trueguy
10-20 01:37 PM
They say 2months for I-129 (H1B) and mine is pending since May. These processing dates mean nothing
2011 and Brandon Boyd Art and
raysaikat
05-04 11:02 PM
Hi All,
Recently I received an RFE on my Wife's 485 application asking to prove that we both are still married. My lawyer is asking for around $400 to respond to this RFE, We have already paid the lawyer about $7500 until now for our GC process and she is no longer the preferred lawyer for the company that I am working for, but I had to keep my case with her as she has processed all of my applications until now. My questions are:
1. Can we ourselves respond to the RFE and save the $400.00,
2. If so, What's the process and what documents that we need to send to prove that we are still married.
Appreciate all of your help in this regard.
Thanks
Other than the copy of your marriage certificate, pictures, children's birth certificate, etc., you can send an affidavit signed by a notary public, perhaps someone who works at the local municipality/city hall, etc. In addition, you should submit proof of joint financial holdings such as copy of this year's 1040 and state tax forms filled as "married filing jointly" (if you did so), a joint bank account, joint property ownership such as house and car, joint car insurance, home insurance, other bills (to show both of you are living at the same address), etc.
However, I would recommend using a lawyer (if not your lawyer whom you seem not to like) for preparing the RFE; I guess you do not want to suffer setbacks in your GC processing merely for saving $400!
Recently I received an RFE on my Wife's 485 application asking to prove that we both are still married. My lawyer is asking for around $400 to respond to this RFE, We have already paid the lawyer about $7500 until now for our GC process and she is no longer the preferred lawyer for the company that I am working for, but I had to keep my case with her as she has processed all of my applications until now. My questions are:
1. Can we ourselves respond to the RFE and save the $400.00,
2. If so, What's the process and what documents that we need to send to prove that we are still married.
Appreciate all of your help in this regard.
Thanks
Other than the copy of your marriage certificate, pictures, children's birth certificate, etc., you can send an affidavit signed by a notary public, perhaps someone who works at the local municipality/city hall, etc. In addition, you should submit proof of joint financial holdings such as copy of this year's 1040 and state tax forms filled as "married filing jointly" (if you did so), a joint bank account, joint property ownership such as house and car, joint car insurance, home insurance, other bills (to show both of you are living at the same address), etc.
However, I would recommend using a lawyer (if not your lawyer whom you seem not to like) for preparing the RFE; I guess you do not want to suffer setbacks in your GC processing merely for saving $400!
more...
inrealmess
10-11 04:08 PM
hi,
this might look an essay but this is true ----------------
i filed my 485/ead/ap in july and i have received my ead. now the situation is very tense for me since my emloyer has stopped paying since july and when i asked for my salaries he said i will revoke your 140 and terminate your job if you crib about salary .
he is doing this to another colleague of my the same thing . now if we leave the company , he will get a valid reason to revoke the 140 and thats why we are not leaving too and we are hardly surviving without salries .
anyone has any suggestions on this issue , i will appreciate any suggestions
thanks and regards
this might look an essay but this is true ----------------
i filed my 485/ead/ap in july and i have received my ead. now the situation is very tense for me since my emloyer has stopped paying since july and when i asked for my salaries he said i will revoke your 140 and terminate your job if you crib about salary .
he is doing this to another colleague of my the same thing . now if we leave the company , he will get a valid reason to revoke the 140 and thats why we are not leaving too and we are hardly surviving without salries .
anyone has any suggestions on this issue , i will appreciate any suggestions
thanks and regards
desi485
12-02 07:46 PM
Thanks for sharing this news. Here is the link (http://www.immigration-information.com/forums/showthread.php?p=25832).
This news is very encouraging and thanks to Ron Gotcher for publishing it on his web site. Guys, please continue sending the letters, if you have not done it so far.
We are working on 2nd phase of our campaign.
pd_recapturing, this is encouraging indeed. People should not fear using EAD, specifically in this economy EAD gives you much better chance to survive than an H1B.
Regarding campaign, please share some updates, news with IV community.
This news is very encouraging and thanks to Ron Gotcher for publishing it on his web site. Guys, please continue sending the letters, if you have not done it so far.
We are working on 2nd phase of our campaign.
pd_recapturing, this is encouraging indeed. People should not fear using EAD, specifically in this economy EAD gives you much better chance to survive than an H1B.
Regarding campaign, please share some updates, news with IV community.
more...
voldemar
02-13 03:40 PM
I am seriously thing 2-3-4-5 years!You are so optimistic ;)
2010 Brandon Boyd, for their
NikNikon
August 14th, 2006, 11:01 PM
D15, you may find some useful info in this thread as well: http://www.dphoto.us/forum/showthread.php?t=5886