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About GcLLC

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  1. GcLLC

    Us B1 B2 visa rejected , need help for 2nd time

    Wait, Annual income: 12 Lakhs? After 15+ years in the investment management business? Ok. Something is amiss here. There are two possibilities. First, if you are an employee, then the annual income is too low for your experience and hence a red flag. Second: You are a partner and hence the salary is just a nominal salary. In that case, you have to document your Annual Gross Income including Bonus, Dividends etc. In the second case you have a possible answer to "what changed": You misunderstood that the VO was referring to Annual Gross Income; you just quoted your salary. If that is the case you have a genuine case and should consult a US immigration attorney who has a presence in India.
  2. GcLLC

    Setting up a LLC business

    Actually, you have brought up a very interesting point that is best addressed by an immigration attorney. For the sake of argument let's say you set up the company with 49% held by partner A (H1B) and 35% by partner B (H1B) and rest by partner C (GC). Also assume that the articles of incorporation say that the management of the company shall do the majority shareholders bidding. Shareholders A&B cannot individually violate any immigration laws since individually they own less that 50%. Collectively, the company is controlled by H1B shareholders. Now is that a violation of immigration laws? I see where you are going with your original question. If the company is viable, I strongly suggest consulting an immigration attorney.
  3. Let me share my story. When my wife was pregnant, we applied for a Visa for her parents. The reason for visiting: Daughter was pregnant. This was a complicated pregnancy (borne out by ObGyn letter) and we also mentioned that we were GC (at that time), had insurance (provided proof) and that insurance would not work in India. They would like to be with their daughter when she was about have her first child. Planned stay was only for twelve weeks. (Eight weeks before due date to four weeks after due date). No issues with interview. At PoE they mentioned the exact reason and told the officer that they would like to remain for 12 weeks but it was up to him to issue the I-94 (they used the word "permit") as he deems fit. Issued a I-94 for 180 days and the kind officer told them that in case of any issues with childbirth or an emergency, they would most probably receive a very favorable outcome from USCIS for an extension (none was needed). This was in 2006; things may have changed. - GcLLC
  4. GcLLC

    Travel when NTA is issued

    Contact an immigration attorney ASAP. If you are an Indian citizen, please be aware that the Indian government has set up a hotline for assistance. Also, please see the Murthy website for their advisory about NTA.
  5. GcLLC

    India travel after US citizenship

    Rules keep changing. With that caveat: You can apply for OCI and visa. In my memory, you did not have to send the original passport initially for OCI. So you could apply for visa as well. The catch is once your OCI is approved you have to send in your passport within a certain time period. In 2014, it took me 6 weeks to get OCI. Before applying for visa, you have to get your Indian passport cancelled. When I applied it could be done simultaneously when applying for OCI. Not sure if the same procedure would work for a visa.
  6. I second the opinions of JoeF and Ponte. For what it is worth: I petitioned in NIW and changed jobs while my I-140 was pending. Got approval and then filed for I-485. Had no issues with GC. No issues with citizenship as well.
  7. Under what capacity will he be working for the US employer (from home country)? If working as an employee it becomes extremely complicated. As an independent contractor, could be an easier option based on the home country.
  8. GcLLC

    PIO to OCI conversion

    We went through the same issue with our daughter's PIO. In the end it was easier to change it to OCI.
  9. GcLLC

    Opening a LLC on H1B in US

    Sorry, I misunderstood then. Your original question was: "I am currently on H1B with I140 approved. I wanted to know if its fine to open a LLC in US with not working for it as I would be the only person in that company. There is a friend of mine in India and my involvement would be to send the money he gets in company's account to him (India). Is there any way this is allowed?" From this, I thought you wanted to send money. If you want to open a business in your line of work, then there are legitimate ways to do it. Doing Business in USA is totally possible for foreign investors and foreign companies.
  10. GcLLC

    Opening a LLC on H1B in US

    My question to OP is this: Why do you want to open a company "to send money to India?" Indian companies can open accounts in foreign banks and receive payments in USD. There are many services that let Indian merchants accept US credit cards as well.
  11. It depends a lot on the type of the power of attorney that you granted. Did you register the POA in India? The best solution is to revoke the existing power of attorney and draw up a new one. Please discuss with a lawyer in India about the procedure for revoking a POA.
  12. I didn't quite get the gist of the situation. Are you going to be working remotely *from* India? That is, you will be physically present in India but will be working in the US?
  13. Are you talking about working interest units or royalty interest units here? Even though you are not working for the company, the IRS does not consider working interest units as a passive activity. See IRS Publication 925. I am not sure about the USCIS view. The situation is best discussed with a CPA and an immigration lawyer.
  14. GcLLC

    Wife threatening 498a after GC is filed

    The question is whether you want to remain married. If yes, then the answer is marriage counseling. If not, then you need to talk to a lawyer in US and in India and see what is the best option to pursue. How long have you been in US? Is your wife on H1 or H4? Typically the Indian courts have held that in such cases the jurisdiction rests with the Indian courts. Usually the way it works is that one of the parties approaches a higher court (typically the High Court) and gets an injunction preventing the other party from proceeding with a divorce in any other jurisdiction / country. Generally when both parties are Indian citizens such a prayer is immediately granted. Given this complex situation the best way is to talk to an Attorney / firm with knowledge of both Indian and US laws.
  15. GcLLC

    Social security taxes back to Indians

    That reminds me of something that I need to explore. I worked for 4 years in Scandinavia. Did not care much about the SS benefits there since India did not have a SS system. Now I am a US citizen, would it be possible to capture some of the benefits accrued in Scandinavia?