Post Green Card Approval

[GCKnowHow]

Soggadu, I keep seeing this 180 days after filing 485 to eliminate any questions on GC fraud.
In your scenario I would says 2. is job change. You should remember the employee-employer relation ship etc... in H1.
Your labor is approved based on you working with your employer and not your client.

IMO This is no different from changing new client and new employer. You waited so long, just give it few more months to avoid any future confusions.

guys gals and gurus....

After reading about how soon one can change a job from above posts, i have couple of questions...

1. The 6 month rule... So the 6 month time frame starts from the day you applied for your 485 and not the day you got the CPO email right? Thats what is mentioned in Ron's post but i just want to make sure. So i filed on Nov 2 2011 and by May 2 2012, i should be 100% free to do job change in same field ( yes this can be done any time after LPR but just trying out the 6 month thing)
2. I currently work as a IT consultant in a scenario where my company A will be paid through Vendor B by Client C... So if i remove my Company A and take 1099 from Vendor B... Is this a job change or career change?

[mesan123]

yes,after 6 months....this is on assumption your current employer would not create hassle for you and that you didnot sign any non-competence with him......

for the above point... will it be ok if i remove my sponsoring company layer after 6 months?

[mygctracker]

Yes, should be fine after 180 days from immigration perspective. But please be wary of your contractual agreement with your sponsor, they may excercise the agreement (if any) if you work for their client without their approval.

for the above point... will it be ok if i remove my sponsoring company layer after 6 months?

[ThatIsAll]

I do agree with mygctacker on non compete agreement. There was a case when another consultant working with me was offered a full time position by the client and his company didn't want to let go the golden hen and pulled out a non-compete agreement and stopped the move. so make sure that is not issue for you, soggadu.

Yes, should be fine after 180 days from immigration perspective. But please be wary of your contractual agreement with your sponsor, they may excercise the agreement (if any) if you work for their client without their approval.

[cbpds1]

I did check with my attorney and he said that you can change after 180 days after filing your 485 application.

Guess you should be ok to remove the sponsoring employer OR better thing wud be to join the client itself(that ways u can kick Company A and B

for the above point... will it be ok if i remove my sponsoring company layer after 6 months?

[kumar_342]

so gurus is it 180 days from 485 RD , not GC approval date rite?
also is there any forum/links which tells about
how u can work after GC like on 1099, or how to work extra hours (is it on w2) and how it is to be accounted, and can u work part time with other employee even before 180 days and details like that. I am not getting a clear picture, want to know more info

I did check with my attorney and he said that you can change after 180 days after filing your 485 application.

Guess you should be ok to remove the sponsoring employer OR better thing wud be to join the client itself(that ways u can kick Company A and B

[harsha131]

Kumar, I will be interested to know further info as well.....as far as I know you can work part-time on w2 even before 180days.

so gurus is it 180 days from 485 RD , not GC approval date rite?
also is there any forum/links which tells about
how u can work after GC like on 1099, or how to work extra hours (is it on w2) and how it is to be accounted, and can u work part time with other employee even before 180 days and details like that. I am not getting a clear picture, want to know more info

[soggadu]

thank you one and all for the replies... some more questions...

Assuming my employer and vendor doesnt have problems for me to have my way ...i.e. remove my employer as a layer between myself and vendor...

1. Is it advisable to take money on 1099 or register a company
2. S corp or llc if i would need to register a company.
3. Which one has flexibility where i can charge my family health insurance and other expenses towards taxes?

Please help me out...

[leo07]

I'm interested in answers...sorry cannot contribute to answers at this time

thank you one and all for the replies... some more questions...

Assuming my employer and vendor doesnt have problems for me to have my way ...i.e. remove my employer as a layer between myself and vendor...

1. Is it advisable to take money on 1099 or register a company
2. S corp or llc if i would need to register a company.
3. Which one has flexibility where i can charge my family health insurance and other expenses towards taxes?

Please help me out...

[gcseeker]

thank you one and all for the replies... some more questions...

Assuming my employer and vendor doesnt have problems for me to have my way ...i.e. remove my employer as a layer between myself and vendor...

1. Is it advisable to take money on 1099 or register a company
2. S corp or llc if i would need to register a company.
3. Which one has flexibility where i can charge my family health insurance and other expenses towards taxes?

Please help me out...

Soggadu bhai

1.1099 would be best option but will invite a lot of tax scrutiny from IRS so one needs to be very careful doing it.
2.Scorp will help you save taxes but you will have flexibility issues.LLC is more peace of mind.
http://www.selfemployedweb.com/s-corp-vs-llc.htm
3.1099 has all the flexibility for taxes...but one needs to be very detailed with respect to maintaining all the records.

Check this link also specifically for consultants.

http://biztaxtalk.com/node/3

[TeddyKoochu]

guys gals and gurus....

After reading about how soon one can change a job from above posts, i have couple of questions...

1. The 6 month rule... So the 6 month time frame starts from the day you applied for your 485 and not the day you got the CPO email right? Thats what is mentioned in Ron's post but i just want to make sure. So i filed on Nov 2 2011 and by May 2 2012, i should be 100% free to do job change in same field ( yes this can be done any time after LPR but just trying out the 6 month thing)
2. I currently work as a IT consultant in a scenario where my company A will be paid through Vendor B by Client C... So if i remove my Company A and take 1099 from Vendor B... Is this a job change or career change?

First of all glad that can finally post on this thread. Sogaddy bhai as far as I have read the clock is reset on the day you get GC approval and after an I9 is filed post GC. This is what I could gather from reading some threads especially on Trackitt. Iam not sure about the current article or post by Ron he is a very noted lawyer in his own right personally I will be glad if the 6 months rule starts from the day of 485 filing. Most of the postings that I have read suggest people to file AC21 before GC approval on the contrary; we could not go there because our GC got approved within 6 months itself. Now officially there is no 6 months rule but it has kind of good to be with the sponsoring employer for 6 months post GC, even for citizenship Iam not sure they maybe asking for last 5 years just like G325 so if you leave your employer you can file for it later than the 4 years and 9 months. As others have said the burden of proof is to show good faith intention at the time of approval so probably best to complete another 6 months from the approval date, I fully understand your predicament we are virtual currency printing machines for our employers. Coming to the company you should choose the option that allows you to keep your assets separate from the company assets totally I think both satisfy these criteria. Here is a link I found http://www.bizfilings.com/learn/llc-vs-s-corp.aspx

[soggadu]

thank you gcseeker and teddy bhai... i will try to digest the info provided by you and get back with more questions...

teddy bhai...i have confirmed from some other sources too and they are all inclining towards 6 month rule from the apply date of AOS... have you heard anything different?

[srd4gc]

Is it safe to do a career change after GC and before citizenship?

[soggadu]

Is it safe to do a career change after GC and before citizenship?

go through this

http://imminfo.com/News/Newsletter/2...-approval.html

[srd4gc]

I read that article before but I just hear from so many of my friends that it is very much ok to do anything you want after GC. I realize that my friends are not lawyers but just wanted to get more ideas. I am not planning anything immediately but just wanted to make myself clear before I even think of anything I that sort.

[cbpds1]

Teddy,

I checked with my attorney from immigration law group and he said it is fine to leave after 6months of 485 application date.

Now guess Ron and ILG are saying the same thing.

Did you get to check with your attorney?

First of all glad that can finally post on this thread. Sogaddy bhai as far as I have read the clock is reset on the day you get GC approval and after an I9 is filed post GC. This is what I could gather from reading some threads especially on Trackitt. Iam not sure about the current article or post by Ron he is a very noted lawyer in his own right personally I will be glad if the 6 months rule starts from the day of 485 filing. Most of the postings that I have read suggest people to file AC21 before GC approval on the contrary; we could not go there because our GC got approved within 6 months itself. Now officially there is no 6 months rule but it has kind of good to be with the sponsoring employer for 6 months post GC, even for citizenship Iam not sure they maybe asking for last 5 years just like G325 so if you leave your employer you can file for it later than the 4 years and 9 months. As others have said the burden of proof is to show good faith intention at the time of approval so probably best to complete another 6 months from the approval date, I fully understand your predicament we are virtual currency printing machines for our employers. Coming to the company you should choose the option that allows you to keep your assets separate from the company assets totally I think both satisfy these criteria. Here is a link I found http://www.bizfilings.com/learn/llc-vs-s-corp.aspx

[TeddyKoochu]

thank you gcseeker and teddy bhai... i will try to digest the info provided by you and get back with more questions...

teddy bhai...i have confirmed from some other sources too and they are all inclining towards 6 month rule from the apply date of AOS... have you heard anything different?

Teddy,

I checked with my attorney from immigration law group and he said it is fine to leave after 6months of 485 application date.

Now guess Ron and ILG are saying the same thing.

Did you get to check with your attorney?

Sogaddu thanks for document. From this document yes we can change jobs 6 months from 485 filing absolutely without any issues, since it comes from a noted lawyer it has to be good.

cbpds1 Thanks, my lawyer is company paid and he and his assistant often swear their loyalty to them so cannot discuss this with them. In fact its time to delete their contacts from my address books.

[mesan123]

On a lighter note...maaku me company lo udyogam isthara ??

thank you gcseeker and teddy bhai... i will try to digest the info provided by you and get back with more questions...

teddy bhai...i have confirmed from some other sources too and they are all inclining towards 6 month rule from the apply date of AOS... have you heard anything different?

[soggadu]

On a lighter note...maaku me company lo udyogam isthara ??

vaade vunte gundu yenduku anni!!!! anta scene ee vunte naaku inni kastaalu yendukandi...
inka yeemi decide ee kaaledhu meeru aata patistunaaru!!!

[soggadu]

Sogaddu thanks for document. From this document yes we can change jobs 6 months from 485 filing absolutely without any issues, since it comes from a noted lawyer it has to be good.

cbpds1 Thanks, my lawyer is company paid and he and his assistant often swear their loyalty to them so cannot discuss this with them. In fact its time to delete their contacts from my address books.

YES!!!!! Lets do ittttt!!!!

[mesan123]

Hahaha ... alla em kadhu, tapakunda company pedatarulendi....all the best for you.... Happy Ugadi....

vaade vunte gundu yenduku anni!!!! anta scene ee vunte naaku inni kastaalu yendukandi...
inka yeemi decide ee kaaledhu meeru aata patistunaaru!!!

[qesehmk]

My understanding is that 1099 is for individuals that are not on payroll of the party making the payments.

If you are employed - the employer (not the client) issues you a W2.
If you work directly for the client - but now as a direct contractor - the client will issue you a 1099.

Now if you register as a company - then the payments will come as checks and the client doesn't declare that to IRS (1099 or W2 are ways to declare individual income to IRS).

For a company (S Corp or LLC) the responsibility lies with itself to declare its income to IRS. As per health insurance - in 2010 one could charge health insurance as business expense there by reducing SS taxes. However I am not sure what's teh situation in 2011 onwards. Prior to 2010 it was NOT allowed to claim it as business expense.

I am not an expert at all - this is my common sense. Would appreciate if somebody knows better and shares.

thank you one and all for the replies... some more questions...

Assuming my employer and vendor doesnt have problems for me to have my way ...i.e. remove my employer as a layer between myself and vendor...

1. Is it advisable to take money on 1099 or register a company
2. S corp or llc if i would need to register a company.
3. Which one has flexibility where i can charge my family health insurance and other expenses towards taxes?

Please help me out...

[ragx08]

Friends,

Q's forum brought together a diverse set of people with unique abilities. One common thing that brought all of us together is the quest for knowledge minus bullshit! All credit to Q and the core contributors for achieving this. This is a great asset to have.

Have seen some discussion on 'what next' on this thread. In the past, I remember Q asking for suggestions on how to take this forum forward.... beyond immigration.

I have a suggestion. Why don't we expand this forum to include some good and healthy technology discussions? I'm sure we have a diverse membership including software/hardware/admins/QA/medical(doctors)/entrepreneurs/managers/etc... and I'm sure everyone will have something to contribute and a lot to learn from one another.

This need not be one of those many blogs/forums where you find answers to specific questions (eg. SQL queries, cluster configs, etc...). I'll leave it to Q to define the scope for such a discussion.

I personally would like to see this turn into a discussion on technology trends/analysis and where most of the VC funds are going... in the process predicting (yes - we are good at that - aren't we?) what the next BIG thing is gonna be. Who knows, this could turn out to be an incubator for the 'gen-next' entrepreneurs - now that so many of us are free from bondage.

It need not be an uptight discussion. As usual, we can share our past experiences with certain things - and how something was, how could it be better than what it was.... etc.

What do you guys think?

[kumar_342]

Gurus, I am in same boat as soggadu bhai, and I suppose most of them wud be, and if I want to cut the E layer (after 180 days from 485 RD) foll wud be the scenarios,
putting some rough figures here
1. Current position --> (C)client pays 50 --> (V)vendor pays 45 --> E(employer) 80% of 45 =36 --> (M)me I get 36 – 22%taxes =28
2. Join V and pay for employer and employee taxes(15.3%) so 85% of 45 = 38.25 - 22%taxes = 30 (roughly)
3. open LLC and still pay for employer and employee taxes (15.3%) so 85% of 45 = 38.25 - 22%taxes - operational expenses = roughly 29
please chk if something is wrong here
looks like we might gain like only 5% max with the above scenario rite.. please provide ur inputs

thanks

YES!!!!! Lets do ittttt!!!!

[gc0907]

I am not sure about the calculations on employer and employee taxes(15.3%).
I think it's shouldn't be more than 7-8%. Also you might be able to tax some duductions as well if you pay that(not 100% sure).

So I think joining V's payroll @90%(45)=40.5 where he will pay all payroll expenses and insurance, is one option. This is about 9K gain/year(before tax).
I am sure V has actually nothing to lose here. Or you can ask for other perks like paid vacation,etc if they insist on 85%.

Gurus, I am in same boat as soggadu bhai, and I suppose most of them wud be, and if I want to cut the E layer (after 180 days from 485 RD) foll wud be the scenarios,
putting some rough figures here
1. Current position --> (C)client pays 50 --> (V)vendor pays 45 --> E(employer) 80% of 45 =36 --> (M)me I get 36 – 22%taxes =28
2. Join V and pay for employer and employee taxes(15.3%) so 85% of 45 = 38.25 - 22%taxes = 30 (roughly)
3. open LLC and still pay for employer and employee taxes (15.3%) so 85% of 45 = 38.25 - 22%taxes - operational expenses = roughly 29
please chk if something is wrong here
looks like we might gain like only 5% max with the above scenario rite.. please provide ur inputs

thanks