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EAD gap and business

Discussion in 'Businesses' started by nuke, Apr 8, 2011.

  1. nuke

    nuke Junior Member

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    My wife owns a business and withdraws salary from the business but then her EAD expired for a month. During that time she didn't receive any salary from the business and at the end of the year business did not show any profit or loss on the tax return, do you think we will have any issues with our 485 application because of the gap she had in her EAD. The business is registered as a LLC. Please reply before Apr 15th.
    Thanks.
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: EAD gap and business

    As far as the tax issue goes, you need to speak with an accountant. On the immigration side, if the CIS really wants to pursue this issue, they will ask to see evidence that the business either shut down during the time she was without employment authorization, or they will want to see that someone else did the work. Simply not taking salary is not the same thing as engaging in work without authorization. At the same time, if you are employment based applicants, know that you can have up to 180 days of status violations between the date of your last lawful entry as a nonimmigrant and the date your adjustment of status application is granted.
     
  3. Vernon98

    Vernon98 Junior Member

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    Re: EAD gap and business

    On the immigration side, if the CIS really wants to pursue this issue, they will ask to see evidence that the business either shut down during the time she was without employment authorization, or they will want to see that someone else did the work
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