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About kshah083

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  1. Experts, I need your valuable inputs on my situation. My PERM has been filed in Sept 1 week and I work for pharmaceutical company which has 4 branches in NJ/NY area. My job location is in Northern NJ and in coming few months one of the department where i work, is going to be transitioning to a different branch in Central Jersey Area. My question is " Do my employer need to file whole Labor application and PWD process , recruitment etc all over again...if my job location is changed? As I understood so far, My PERM is filed that means my Priority date already been created ( The day when PERM is submitted ) , if above scenario happen in near future . and if Employer has to do whole process again , my PD will be changed and moved to different later date? Thank you,
  2. kshah083

    H4 Stamping in Ottawa,Canada..

    Thank you very much for your Input.....
  3. Here is the question and confusion I have... Background: I entered in USA in 2006 and did study for 5 years... 2 Masters degree..... Later I have applied for H1b Visa based on my masters degree and was approved for 3 years.... Due to some reasons i have to resign the job , was on h1b for 5 months . I applied for H4b Visa since my wife is working in top pharmaceutical company ( Direct Employment) on H1b since 2009.... same employer still. I got approved petition of h4b Visa last month. My wife has successfully done 1 stamping in 2010 in our home country. She is in 2 nd renewal of h1b and its already approved and valid for another 3 years ( 2012-2015) She has not changed the employer. Que 1: I want to go for stamping in Ottawa alone, for my H4b , is it safe ? My wife can not travel since we have new born 3 months. Que 2 : My wife is planning to go to india in January to attend her brother's wedding, at that time does she need to appear in person at embassy for 2nd stamping, because i Heard that if the employer is not changed , currently h1b renewal could be done in the dropbox facility... Please share your valuable opinion. Thank you,
  4. I am forwarding this link to CPA of the company.... Only concern is this is for State of NJ, this S-corp is in New York City , state of NY..... Are the rules differ by State??
  5. Owner of the company spoke to his own CPA who is been with him since last 15 years..... and he advised him same, the H4/H1 can not be S-Corp Share Holder..he also advised that if he is desperate to establish such a partnership than , company structure has to be changed to C-Corp or LLC.....I doubt to get an advise from Immigration Attorney since He would be an expert in immigration, not in IRS issue.... I know one such Immigration Attorney who is been practicing for 35 years, Lets assume that his advise would be positive and I can be Shareholder in S-corp.... What if He is wrong because by reading all of above posts, I assume that this is the Very Gray area where there is loophole in the system.... but I dont want to get benefit out of it since It can be violation of status or it would not..... its probability and I do not want to take slightest chance pertaining to my status...... On the contrary, This is the life time opportunity for my career and I don't want to loose it.......
  6. He is a known relative and want me to be a part of the company since i am MBA in Healthcare Administration and can be helpful to grow his company while changing in the Healthcare Laws are becoming frequent and He could not be able to get his company in compliance with DOH.........
  7. One of my CPA also advised " That I can open up another LLC with my Owner's brother who is also a citizen and work as a officer in the same company" After formation of LLC , LLC can be a Share Holder of S-corp and S-corp will pay management fees every month to LLC , Only thing is Owner's brother can not derive salary from the S-corp instead he can do it from the LLC.... and LLC Share holders are liable for paying taxes....
  8. I Consulted one of the CPA.... and He told me the same as JoeF said..... I also researched a lot on CPA forums.... the Ratio is 60 % are agreed to what JoeF said and rest of them are saying that H1/H4 can be a S-Corp Share Holder.....
  9. Thank you for your reply.... I will ask IRS in detail.....
  10. How are you..?? I have a question and need your help... I am on H4 dependent visa, has been living in USA since 2006... Am I considered as Resident for Tax purpose and can be a passive partner in S-corp which has been established since 1993?? The owner of the company is willing to give me some percentage of share in established company which is up and running with Annual revenue about $1.03 Million... Do i need to do some financial transaction to be a passive partner (investment) or He can simply gift some percentage of shares on my name without having any financial transaction?? Of course, I wont be working since I am not allowed to... and this company owners take most of the profits in salary every month and show may be loss or minimum profit.... so that their K-1 get low... in that case, Being passive Investor How would take monthly dividend.. if i can...? in what form..? If i take the dividend how should i file for my personal Tax..because at the end of the year I would get K-1 i Guess.... Please torch me with your expertise on this issue.
  11. kshah083

    H1b Transfer, Got paid but pay stubs not provided

    Thank you Wiweq, I understand , and I am willing to do the same and I will do that but what are the chances to get H1b transfer without pay stubs.?? Thank you
  12. Hello Gurus, I have got my H1b approval about a month ago. My consulting firm is paying me biweekly and I have the check copies but he is not providing me pay stubs since he gave me check from his operating account and do not use any professional payroll service. I might get a full time job with a new company and They would be willing to do H1b transfer as well but can I still file H1b transfer without Pay stubs and as evidence I can submit the check copies? My another question is I have 2 Master's degree, MS and MBA, my current job title and H1b is based on my MS degree but , can i get an Job position based on MBA degree and H1b transfer would be successful. I heard that H1b transfer is difficult when there is job title change. Please advise because time is an essence for me right now. Thank you.