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Self-filing, documents, forms, directions, mailing. Self-filing, documents, forms, directions, mailing.

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  #1  
Old 06-24-2010, 04:24 PM
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Default EAD DELAY (Wife's Business)

Hi all,
We applied for my wife's and mine EAD on April 27th (paper based)
I got the receipt notice on 05/08/2010 and checks were cashed on 05/08/2010

I am okay, because I am on H1B, my wife has a business and employs 2 people full time.
She doesn't draw any salary from the business, except she has business on her name and the accounts on her name as well.

Additionally , she has a valid H4 as well.
I know its too early to panic, but if I didnt get her EAd card by July 31st, are we in trouble

Pls reply
Thanks in advance
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  #2  
Old 06-24-2010, 05:01 PM
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h1vegas will become famous soon enough h1vegas will become famous soon enough
Default Pls help

Pls reply
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  #3  
Old 06-24-2010, 07:28 PM
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h1vegas will become famous soon enough h1vegas will become famous soon enough
Default Bump ^^^^

^^^^^
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  #4  
Old 06-24-2010, 08:07 PM
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Default

Even though your wife is not taking salary, if she is owner of the business, she is considered "paid". In the worse case scenario, your wife will have to stop working till you get EAD or you can use protection 245(k) i.e. illegal employment for less than 180 days.

If it is VERY critical, I suggest consulting a lawyer as most of what we post on this forums is personal knowledge and may not be the actual law!

Cheers

ArkBird

Quote:
Originally Posted by h1vegas View Post
Hi all,
We applied for my wife's and mine EAD on April 27th (paper based)
I got the receipt notice on 05/08/2010 and checks were cashed on 05/08/2010

I am okay, because I am on H1B, my wife has a business and employs 2 people full time.
She doesn't draw any salary from the business, except she has business on her name and the accounts on her name as well.

Additionally , she has a valid H4 as well.
I know its too early to panic, but if I didnt get her EAd card by July 31st, are we in trouble

Pls reply
Thanks in advance
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  #5  
Old 06-24-2010, 09:27 PM
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navyug will become famous soon enough
Default Relax

Quote:
Originally Posted by h1vegas View Post
Hi all,
We applied for my wife's and mine EAD on April 27th (paper based)
I got the receipt notice on 05/08/2010 and checks were cashed on 05/08/2010

I am okay, because I am on H1B, my wife has a business and employs 2 people full time.
She doesn't draw any salary from the business, except she has business on her name and the accounts on her name as well.

Additionally , she has a valid H4 as well.
I know its too early to panic, but if I didnt get her EAd card by July 31st, are we in trouble

Pls reply
Thanks in advance
As long as she is not drawing a Salary, she is fine. She can continue to manage the business.
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  #6  
Old 06-25-2010, 11:46 AM
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Quote:
Originally Posted by navyug View Post
As long as she is not drawing a Salary, she is fine. She can continue to manage the business.
This is not correct.

Managing the business comes under employment authorization whether or not salary is drawn by the owner.



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  #7  
Old 06-25-2010, 11:54 AM
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Quote:
Originally Posted by desi3933 View Post
This is not correct.

Managing the business comes under employment authorization whether or not salary is drawn by the owner.



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Not a legal advice.
D...3933,

A Different question. Do we need to file FBAR if anyone has more than 10K USD in foreign accounts?

Below are the links that might be of interest. a discussion is going on i other immigration forum.

FAQs Regarding Report of Foreign Bank and Financial Accounts (FBAR) - Filing Requirements

US Taxes on NRE accounts in India

Thanks for your thoughts on this!!
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  #8  
Old 06-25-2010, 12:21 PM
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h1vegas will become famous soon enough h1vegas will become famous soon enough
Default reply

Quote:
Originally Posted by desi3933 View Post
This is not correct.

Managing the business comes under employment authorization whether or not salary is drawn by the owner.



_________________
Not a legal advice.
Here is the reply from my attorney

the CIS takes 90 days to issue the EAD cards; donít panic as you and your wife are in valid status and not in violation of any rules because you have timely filed your applications for adjustment of status and your status (H1B and H4) are still current
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  #9  
Old 06-25-2010, 12:38 PM
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Quote:
Originally Posted by h1vegas View Post
Here is the reply from my attorney

the CIS takes 90 days to issue the EAD cards; don’t panic as you and your wife are in valid status and not in violation of any rules because you have timely filed your applications for adjustment of status and your status (H1B and H4) are still current
Read the bold part again. The condition that maintaining H4 status is not correct. Your spouse is running a business and using EAD and therefore, she is not in H4 status. This is the key difference.

One can't be in valid employment unless has valid EAD (or H-1B status). Unlike H-1B, filing an extension for EAD does not confer right to continue employment authorization while it is pending and current authorization is expired.



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  #10  
Old 06-25-2010, 12:41 PM
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Quote:
Originally Posted by H1B-GC View Post
D...3933,

A Different question. Do we need to file FBAR if anyone has more than 10K USD in foreign accounts?

.....
http://immigrationvoice.org/forum/725808-post105.html


.
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  #11  
Old 06-25-2010, 12:46 PM
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Quote:
Originally Posted by desi3933 View Post
Thank you!!
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  #12  
Old 06-26-2010, 02:05 AM
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Quote:
Originally Posted by h1vegas View Post
Hi all,
We applied for my wife's and mine EAD on April 27th (paper based)
I got the receipt notice on 05/08/2010 and checks were cashed on 05/08/2010

I am okay, because I am on H1B, my wife has a business and employs 2 people full time.
She doesn't draw any salary from the business, except she has business on her name and the accounts on her name as well.

Additionally , she has a valid H4 as well.
I know its too early to panic, but if I didnt get her EAd card by July 31st, are we in trouble

Pls reply
Thanks in advance
After 90 days, if your wife's application is still pending, take an infopass appointment (there is an option in the infopass to mention EAD after 90 days) and they will expedite it. I would suggest making the appointment for the 91st day just in case.

you can also call the USCIS CS number to see if they can help you.

Wish you luck.
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  #13  
Old 06-26-2010, 06:58 PM
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navyug will become famous soon enough
Default Ownership is not employment

Quote:
Originally Posted by desi3933 View Post
This is not correct.

Managing the business comes under employment authorization whether or not salary is drawn by the owner.



_________________
Not a legal advice.
You can own shares of a company and be paid dividend too when you are on H-1B. Getting paid dividend does not mean the dividend paying company has to also sponsor your H-1B. In the same way she is just holding shares (may be 100%) in the company. As long as she is not being paid salary she is fine. She can work pro-bono during this period. You do not need EAD to be a owner (or share holder) of any company. She needs EAD if and only to be paid salary from this company. EAD is "Employment Authorization Doc". Even a student can own shares of a company. Please understand/analyze the situation before commenting.....

Last edited by navyug; 06-26-2010 at 07:02 PM.
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  #14  
Old 06-27-2010, 06:25 PM
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Default Hire a CEO

Simple solution to your problem is to hire a CEO to run your business. Appoint a CEO a week before her EAD is expiring if she does not get her EAD by that time. You can pay a minimum salary, say $500 a month to run a company. Mind you, technically, she has to give all powers to the CEO including check writing powers. So the person you are hiring should be trustworthy. If she doesn't have EAD, she can not work for the company, not even sign a check or receive a phone call on behalf of the company. She can not even hire a CEO once her EAD expires. So it is important to appoint one while her EAD is valid. She can have this arrangement until she gets her EAD.
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