I accolade your response about 485 and Travel

luckyandcurious

Registered Users (C)
Dear Ginnu or Gurus !!

please clarify my doubts here, they may help others too...

I140/I485/AP1/EAD1: RD: Aug04 - Concurrent - EB2 - India - Nebraska (Me and wife)
AP1/EAD1: AD: Oct04 :) Exp Date Oct05
I140: AD: Aug05 :)
I485: AD: ??? :(
AP2/EAD2: RD: Jul05
AP2/EAD2: AD: ??? :(
H1 Visa Exp Date: Oct05 (About to complete 6 years)

I know that I485 current date is Feb04 in NSC.

1. I have seen some folks with I485 approvals who applied on or after my I485 RD dates, how soon can I expect my I485 approval?

2. When can I expect my AP2/EAD2 approval?

If Either my wife or both wants to travel to india, please suggest me what time is good to travel as per my above details

3. Travel on Visa or AP?
(a) File visa extention wait for AP2 and travel on AP2?
(b) Don't file extention and wait for AP2 and then travel?
(c) File for Extention and travel with current AP1?
(d) Don't file extention and travel on AP1?
(f) If my wife travels on AP1 and stays beyond the exp date of AP1, but by the time if we get AP2, can I send her AP2 to India, is it legal?
(g) any other best alternative
which one is safest ??

4. I never worked on EAD and I am on H1 currently, My wife worked on EAD for few weeks and not working right now
(a) legally she is currently on H4 or EAD ?
(b) If I extend my H1 visa, will she be in H4 status or EAD?

5. I read some where in this forum about registering the company as S-corp. Person should have GC for that. What about the LLC?

6. If me and my wife open a software consulting company as LLC, can she take the salary from that company. Any extensive info is greatly appreciated.
 
luckyandcurious said:
Dear Ginnu or Gurus !!

please clarify my doubts here, they may help others too...

I140/I485/AP1/EAD1: RD: Aug04 - Concurrent - EB2 - India - Nebraska (Me and wife)
AP1/EAD1: AD: Oct04 :) Exp Date Oct05
I140: AD: Aug05 :)
I485: AD: ??? :(
AP2/EAD2: RD: Jul05
AP2/EAD2: AD: ??? :(
H1 Visa Exp Date: Oct05 (About to complete 6 years)

I know that I485 current date is Feb04 in NSC.

1. I have seen some folks with I485 approvals who applied on or after my I485 RD dates, how soon can I expect my I485 approval?
-------------I dont know
2. When can I expect my AP2/EAD2 approval?
----------- I dont know

If Either my wife or both wants to travel to india, please suggest me what time is good to travel as per my above details

3. Travel on Visa or AP?
(a) File visa extention wait for AP2 and travel on AP2?
-------------- File H1 extension and AP is not needed for India it is needed for entry to US. if your H1 or H4 visa stamp is Valid you can enter with that valid Visa or use AP and approved AP needed to be in hand before you go out of US. if want to use AP be back BEFORE AP expires
(b) Don't file extention and wait for AP2 and then travel?
(c) File for Extention and travel with current AP1?
(d) Don't file extention and travel on AP1?
(f) If my wife travels on AP1 and stays beyond the exp date of AP1, but by the time if we get AP2, can I send her AP2 to India, is it legal?
-------------- she needs valid AP for entry to US and that AP must be approved BEFORE her departure from US
(g) any other best alternative
which one is safest ??

4. I never worked on EAD and I am on H1 currently, My wife worked on EAD for few weeks and not working right now
(a) legally she is currently on H4 or EAD ?
-------------- she is AOS pending, EAD is not status
(b) If I extend my H1 visa, will she be in H4 status or EAD?
----------- if she has Valid H4 visa stamp or gets new H4 visa stamp based on your H1 then she CAN enter on H4 status

5. I read some where in this forum about registering the company as S-corp. Person should have GC for that. What about the LLC?
-----others will let you know
6. If me and my wife open a software consulting company as LLC, can she take the salary from that company. Any extensive info is greatly appreciated.
-------------- I dont have "extensive info "
 
Thank you very much Ginnu !

some of my queries are still pending. It seems like you don't have much time as you are receiving many queries or helping more people.

I appreciate your help.
 
Hi UN,

Thanks for your response.

I may need you in the near future, since you are very unique with both Tax and Immi knowlege and exp.

Keep it up..:)
 
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