ksiddaba
08-22 11:43 AM
I have looked into this and talked to my lawyer. The basic consensus seems to be -- yes you can start your own business (wither alone or in partnership with someone else). But as long as you are on H1B VISA and do not have at least an EAD, you cannot actively(which means you cannot be running the day to day operations) work on your business. You can promote the business perform occasional volunteer work, but cannot be paid for this work.
I believe you can derive profits from the business (check with your lawyer because he's the one who will have to deal with any USCIS headaches), but as with all things, if the profits are high enough, your business may be scrutinized by the USCIS. Also remember when you go to the consulate to stamp your H1B, they will examine your tax records, and you will have to have a good enough explanation as to how you owned the business without violating the H1B status (by actively working on it). It's tricky and unless you are talking about small amounts of money think very carefully about starting your own business.
Since you cannot actively run the business, it makes sense to partner with a person who is authorized to run the day to day operations of the business (either a citizen of the US or a perm resident).
I believe you can derive profits from the business (check with your lawyer because he's the one who will have to deal with any USCIS headaches), but as with all things, if the profits are high enough, your business may be scrutinized by the USCIS. Also remember when you go to the consulate to stamp your H1B, they will examine your tax records, and you will have to have a good enough explanation as to how you owned the business without violating the H1B status (by actively working on it). It's tricky and unless you are talking about small amounts of money think very carefully about starting your own business.
Since you cannot actively run the business, it makes sense to partner with a person who is authorized to run the day to day operations of the business (either a citizen of the US or a perm resident).
wallpaper long hair styles for men 2011.
nvmurali
06-02 04:20 PM
You will have to restart your GC process, but once you have the new PERM and I-140 approved, you can recapture your old PD (which is Feb '08), but you can't use provisions from the AC21 unless your AOS was pending for at least 180 days when you make the change.
This is not legal advise - a lawyer consultation is highly recommended.
I'm sorry -- I didn't follow. Can I use the H1-B which has been extended for 3 yrs since my 140 was approved already for a yr and the visa numbers weren't current? (I've already used up by 6 yrs)
Thanks,
Murali
This is not legal advise - a lawyer consultation is highly recommended.
I'm sorry -- I didn't follow. Can I use the H1-B which has been extended for 3 yrs since my 140 was approved already for a yr and the visa numbers weren't current? (I've already used up by 6 yrs)
Thanks,
Murali
javaconsultant
03-23 12:03 PM
Guys,
Can we contact Center for Community Change for our cause ?
I watched their Excecutive Director Deepak Bhargava on CPSAN yesterday on
a program of Immigrant Rights.
http://www.communitychange.org/
Ed: Moved to appropriate new thread from news articles thread. Please try to the thread topic when you post. Thanks!
Can we contact Center for Community Change for our cause ?
I watched their Excecutive Director Deepak Bhargava on CPSAN yesterday on
a program of Immigrant Rights.
http://www.communitychange.org/
Ed: Moved to appropriate new thread from news articles thread. Please try to the thread topic when you post. Thanks!
2011 Hairstyles Pictures – Long
dixie
08-22 01:14 PM
Any US postgraduate degree + 3 years prior to I-140/I-485. Read the text of the bill for more details.
You mean 3 year experience in US no matter from where you got your masters degree or
Only US degree + 3 years experience will get exemption?
You mean 3 year experience in US no matter from where you got your masters degree or
Only US degree + 3 years experience will get exemption?
more...
willwin
03-16 02:06 PM
Bump... please, if anyone got PW for greencard labor through the new process... how long it took??
Anyone?
Mine was filed 1st week of Jan and still waiting .....
Anyone?
Mine was filed 1st week of Jan and still waiting .....
h1techSlave
11-19 10:20 AM
If you look at the numbers.
EB3 - 3 years to file 485. Very little risk of rejection of 140 by USCIS.
EB2 - 1 year for LC processing, because you have to file new LC. Very HIGH risk of rejection of 140 by USCIS.
Now take your pick.
h1techSlave,
I saw that priority date for EB2 (all other countries) now is current, while for EB3 is May 2005.....
Does it mean that when my LC is ready I will have to wait my priority date for approximately 3 years?
EB3 - 3 years to file 485. Very little risk of rejection of 140 by USCIS.
EB2 - 1 year for LC processing, because you have to file new LC. Very HIGH risk of rejection of 140 by USCIS.
Now take your pick.
h1techSlave,
I saw that priority date for EB2 (all other countries) now is current, while for EB3 is May 2005.....
Does it mean that when my LC is ready I will have to wait my priority date for approximately 3 years?
more...
singhsa3
08-19 08:03 AM
Forgive me but being an active volunteer I am seeing state of the affair so was compelled to make these comments.
You are on 8th year of extension and this is a very stressful moment for you.
IV probably can't help you a lot at this time as it is after the fact but it can help others before such thing happens.
We are a growing union, which is run by people like you and me. If folks are not actively involved loobying for a) getting laws changed b) developing relationships with law makers and USCIS c) creating leverage of our unity over lawyers, these incidents will continue to happen.
If we had become powerful enough, then in the cases like this IV would have hold high level meeting with USCIS to resolve this gentleman problem. But unfortunately, we are still a strugling union to get members to volunteer.
Hi,
My PD is Dec 2002 (on 8th year H-1 extension and just applied to renew H-1 again) and my company recd the 45-day letter in April 06 and responded in time. I checked my case status in July 07 and it displayed case closed. I called my lawyer and basically the response I got was she did not respond in time to a rescruitment instructions report sent by DOL in March 07 and hence the case was closed. My company has been supportive through this process and its only my lawyer whose been horrible.
While part of me wanted to do strangle her, the other part (guessing the sendible part) made me realize I needed to get this resolved.
1. Have any of you been in this situation and had your case reopened and if so, how?
2. Can I change my attorney in this situation and have him/her try to get the case reopened?
Any advice would be much appreciated.
Thanks.
You are on 8th year of extension and this is a very stressful moment for you.
IV probably can't help you a lot at this time as it is after the fact but it can help others before such thing happens.
We are a growing union, which is run by people like you and me. If folks are not actively involved loobying for a) getting laws changed b) developing relationships with law makers and USCIS c) creating leverage of our unity over lawyers, these incidents will continue to happen.
If we had become powerful enough, then in the cases like this IV would have hold high level meeting with USCIS to resolve this gentleman problem. But unfortunately, we are still a strugling union to get members to volunteer.
Hi,
My PD is Dec 2002 (on 8th year H-1 extension and just applied to renew H-1 again) and my company recd the 45-day letter in April 06 and responded in time. I checked my case status in July 07 and it displayed case closed. I called my lawyer and basically the response I got was she did not respond in time to a rescruitment instructions report sent by DOL in March 07 and hence the case was closed. My company has been supportive through this process and its only my lawyer whose been horrible.
While part of me wanted to do strangle her, the other part (guessing the sendible part) made me realize I needed to get this resolved.
1. Have any of you been in this situation and had your case reopened and if so, how?
2. Can I change my attorney in this situation and have him/her try to get the case reopened?
Any advice would be much appreciated.
Thanks.
2010 short long curly hair styles
GCHope2011
09-12 11:01 PM
Hi, I have a quite strange situation here:
I am from China. I have an approved EB2-NIW I-140 with priority date of 2/2008 and an EB1a 140 petition denied on 8/4/2010.
I filed an I-485 concurrently with my EB1a, along with EAD applications. I got my EAD on 11/2009 and used it to work already.
The strange part is, my I-485 case is still pending, even though my EB1a petition is denied. In fact, I received RFE for quality photos two weeks after my 140 was denied. I think this is a USCIS error because they think my 485 was linked to my EB2-NIW case.
Now, am I staying in the U.S. illegally even though technically my 485 petition is still pending?
Thanks for all you comments.
Yes, your inference is correct as your 485 (and therefore EAD, AP) is based on an I-140 petition that was denied.
Which means that all status and benefits that are based on the underlying I-140 petition become null and void.
You should definitely consult a lawyer to understand what options you have now.
I am from China. I have an approved EB2-NIW I-140 with priority date of 2/2008 and an EB1a 140 petition denied on 8/4/2010.
I filed an I-485 concurrently with my EB1a, along with EAD applications. I got my EAD on 11/2009 and used it to work already.
The strange part is, my I-485 case is still pending, even though my EB1a petition is denied. In fact, I received RFE for quality photos two weeks after my 140 was denied. I think this is a USCIS error because they think my 485 was linked to my EB2-NIW case.
Now, am I staying in the U.S. illegally even though technically my 485 petition is still pending?
Thanks for all you comments.
Yes, your inference is correct as your 485 (and therefore EAD, AP) is based on an I-140 petition that was denied.
Which means that all status and benefits that are based on the underlying I-140 petition become null and void.
You should definitely consult a lawyer to understand what options you have now.
more...
prioritydate
07-14 10:46 AM
To elaborate on that, S.Korea happens to be on the forefront of technological innovations. Highest per capita broadband use, highest per capita cellphone use...land of samsung and Hyundai
not to mention great food...korean bbq anyone
Why there is no retrogression for this country? Sounds like something fishy going on...
Only in America. Injustice!!
not to mention great food...korean bbq anyone
Why there is no retrogression for this country? Sounds like something fishy going on...
Only in America. Injustice!!
hair Trendy Long Hairstyles for
saileshdude
03-26 03:34 PM
My husband recieved a transfer notice for his I-485 from TSC saying that the
"Preliminary Processing of the application has been completed, and it has been transferred to USCIS office at Lee's summit , MO 64064. The office will notify you when they schedule an interview on the application."
I am the primary applicant and I am on H1. My husband was on H4 and now he is on EAD. My PD is July-04. Is any body in the same situation as me and received such transfer notice. I am really anxious about this. Please let me know is it somethign to worry about and what I take for the interview when I am called.
I will greatly appreciate any help with this.
Thanks.
Seems to me like TSC is processing application based on priority date rather than processing date posted. This seems to be different from NSC which usually goes by the processing date. Lately I have heard of couple of cases whose priority date were or close to being current and they were either sent an RFE or called for interview.
Anyway to OP, there are bunch of threads here on which talk people talk about their interview experience. All you can do is go through them , talk to your attorney and prepare accordingly.
"Preliminary Processing of the application has been completed, and it has been transferred to USCIS office at Lee's summit , MO 64064. The office will notify you when they schedule an interview on the application."
I am the primary applicant and I am on H1. My husband was on H4 and now he is on EAD. My PD is July-04. Is any body in the same situation as me and received such transfer notice. I am really anxious about this. Please let me know is it somethign to worry about and what I take for the interview when I am called.
I will greatly appreciate any help with this.
Thanks.
Seems to me like TSC is processing application based on priority date rather than processing date posted. This seems to be different from NSC which usually goes by the processing date. Lately I have heard of couple of cases whose priority date were or close to being current and they were either sent an RFE or called for interview.
Anyway to OP, there are bunch of threads here on which talk people talk about their interview experience. All you can do is go through them , talk to your attorney and prepare accordingly.
more...
snathan
02-22 01:00 PM
Yes, in my case we wouldn't be using the experience gained with the current employer as I already have the required 1 year experience before joining the employer.
My fear is that DOL/USCIS would come back and say hey you have almost the same requirement for both the positions, why does one require only MS+1 while the other accepts BS+3..
Its a valid point. If its more or less the same description of the job...you will have hard time to convince the USCIS. Most likely the PERM will be approved and you will face issues during EB2 - I-140.
My fear is that DOL/USCIS would come back and say hey you have almost the same requirement for both the positions, why does one require only MS+1 while the other accepts BS+3..
Its a valid point. If its more or less the same description of the job...you will have hard time to convince the USCIS. Most likely the PERM will be approved and you will face issues during EB2 - I-140.
hot Asian Long Hairstyles - make
.jpg "Long Hairstyle Trend for 2010")
eb3_nepa
02-19 12:03 PM
Yes it really IS impossible to determine which will move quicker.
and Also true that EB2 is NOT DETERMINED by EMPLOYEE's skill set.
EB2 is Determined by the nature of the job and if a master's IS TRULY required. If not your application will face an audit and you will have to re-apply under Eb3 all over again (meaning re-run the ads etc and wait for that extra month). Also Eb2 PERM Approvals on average take MUCH longer than eb3 even without any audit.
and Also true that EB2 is NOT DETERMINED by EMPLOYEE's skill set.
EB2 is Determined by the nature of the job and if a master's IS TRULY required. If not your application will face an audit and you will have to re-apply under Eb3 all over again (meaning re-run the ads etc and wait for that extra month). Also Eb2 PERM Approvals on average take MUCH longer than eb3 even without any audit.
more...
house Asian Girls Long HairStyle
browncow
04-25 04:32 PM
Where did you get that?
http://www.usimmigrationsupport.org/marriage.html
http://www.usimmigrationsupport.org/marriage.html
tattoo Asian Medium Length Blunt Bob
rheoretro
09-24 09:33 PM
Dear Core Team and other Members,
Rajiv Chandrasekaran is an assistant managing editor of The Washington Post, where he has worked since 1994. He lives in Washington, D.C.
He had published an article on the Sept 17 Washington Post Main Page.He is a well known reporter in DC area. I think he is originally from India. If you search his name in google ,you will get lot of hits !...
You may have googled Rajiv Chandrasekaran, but did you find any articles that he has written on immigration? If so, please share with us...were you aware that there is another journalist from the Washington Post who has done a stellar job of covering legal immigration? Her name is S. Mitra Kalita...please google her too.
BTW, why just google journalists who are of Indian heritage? I hope this is not an Indo-centric organization...also Rajiv Chandrasekaran is not originally from India, his parents are. I hope that distinction is not lost!
Rajiv Chandrasekaran is an assistant managing editor of The Washington Post, where he has worked since 1994. He lives in Washington, D.C.
He had published an article on the Sept 17 Washington Post Main Page.He is a well known reporter in DC area. I think he is originally from India. If you search his name in google ,you will get lot of hits !...
You may have googled Rajiv Chandrasekaran, but did you find any articles that he has written on immigration? If so, please share with us...were you aware that there is another journalist from the Washington Post who has done a stellar job of covering legal immigration? Her name is S. Mitra Kalita...please google her too.
BTW, why just google journalists who are of Indian heritage? I hope this is not an Indo-centric organization...also Rajiv Chandrasekaran is not originally from India, his parents are. I hope that distinction is not lost!
more...
pictures long hairstyles asian women
WeShallOvercome
07-26 02:58 PM
Can any one tell the time between check cleared and Notice issued. My lawyer sent the checks and he will never bother checking his account daily for me. Hence Notice is the only thing i will get.
Same thing here. Even the notice will go to the lawyer's office and they won't bother telling me unless asked a few times.
Other than the physical notice, I guess we can get the receipt numbers by calling them once we see a substantial number of members getting the numbers/notices.
Same thing here. Even the notice will go to the lawyer's office and they won't bother telling me unless asked a few times.
Other than the physical notice, I guess we can get the receipt numbers by calling them once we see a substantial number of members getting the numbers/notices.
dresses Long Hairstyle Trend for 2010
looneytunezez
07-31 06:47 PM
i see dead applications.....
more...
makeup Asian Hairstyles For Women
Bpositive
10-06 08:00 PM
I just read about someone in San Fernando who killed his family and himself because he didn't have a job.
Please reach out to your friends in times of difficulty....the world is not going to end if you don't have a job OR if you there are delays in getting your GC..the world is a wonderful place and still full of opportunity - to add value, to help others etc...you may need to reach out to your friends for help to find your calling or the next opportunity....please don't be desperate....and please ask for help. we all have so many things to be happy and thankful for...
Cheers!!
Please reach out to your friends in times of difficulty....the world is not going to end if you don't have a job OR if you there are delays in getting your GC..the world is a wonderful place and still full of opportunity - to add value, to help others etc...you may need to reach out to your friends for help to find your calling or the next opportunity....please don't be desperate....and please ask for help. we all have so many things to be happy and thankful for...
Cheers!!
girlfriend Asian hairstyle is often
LostInGCProcess
09-01 09:03 PM
You are on EAD. When you fill your I-9 form with the EAD info. your on EAD...but USCIS doesnt know about this...its up to the Employer to inform the USCIS but usually (or generally) the employer don't inform the USCIS,however I don't think its mandatory to inform USCIS. In any case its not on your shoulder to inform the USCIS.
So, what I would do, is save the I-9 form (it must have the date when you signed) and pay-stubs...just to show that you have been on EAD, should you get any RFE regarding the status.
Thanks....
So, what I would do, is save the I-9 form (it must have the date when you signed) and pay-stubs...just to show that you have been on EAD, should you get any RFE regarding the status.
Thanks....
hairstyles long hairstyles asian. cute
mmanurker
09-04 10:56 AM
My H1 has expired on 31st August, 2009. My disgraced company applied for extention in the month of May 2009 in regular Processing. Still waiting for Approval and have Receipt Notice only from Vermount center.:confused::mad::(:(:eek::eek:
I applied for 11th year H1B extension in June 2009 @ Vermont center and now I got an RFE which asks us to submit the end client letter with details likes the duration of the project, name of the supervisor, if vendor is involved then vendor details. I've been with the same employer (desi consulting firm) for last 7 years and with the same client for last 6 years. I dont know what will happen but I am doing everything I can and prepared for worst case scenario.
I applied for 11th year H1B extension in June 2009 @ Vermont center and now I got an RFE which asks us to submit the end client letter with details likes the duration of the project, name of the supervisor, if vendor is involved then vendor details. I've been with the same employer (desi consulting firm) for last 7 years and with the same client for last 6 years. I dont know what will happen but I am doing everything I can and prepared for worst case scenario.
ksiddaba
08-22 11:43 AM
I have looked into this and talked to my lawyer. The basic consensus seems to be -- yes you can start your own business (wither alone or in partnership with someone else). But as long as you are on H1B VISA and do not have at least an EAD, you cannot actively(which means you cannot be running the day to day operations) work on your business. You can promote the business perform occasional volunteer work, but cannot be paid for this work.
I believe you can derive profits from the business (check with your lawyer because he's the one who will have to deal with any USCIS headaches), but as with all things, if the profits are high enough, your business may be scrutinized by the USCIS. Also remember when you go to the consulate to stamp your H1B, they will examine your tax records, and you will have to have a good enough explanation as to how you owned the business without violating the H1B status (by actively working on it). It's tricky and unless you are talking about small amounts of money think very carefully about starting your own business.
Since you cannot actively run the business, it makes sense to partner with a person who is authorized to run the day to day operations of the business (either a citizen of the US or a perm resident).
I believe you can derive profits from the business (check with your lawyer because he's the one who will have to deal with any USCIS headaches), but as with all things, if the profits are high enough, your business may be scrutinized by the USCIS. Also remember when you go to the consulate to stamp your H1B, they will examine your tax records, and you will have to have a good enough explanation as to how you owned the business without violating the H1B status (by actively working on it). It's tricky and unless you are talking about small amounts of money think very carefully about starting your own business.
Since you cannot actively run the business, it makes sense to partner with a person who is authorized to run the day to day operations of the business (either a citizen of the US or a perm resident).
kinoos
04-17 09:14 AM
@softcrowd - i understand that they will understand the situation.. but is it possible that we can change the I94 date before we get out of US and do not want to carry any screenshots when travelling next time.
@mmk123 - Please do let me know what you are doing in this situation. I am stuck in almost in the same situation.. how the I 94 date is on the 21st.. i have already re-booked my tickets for the 21st.... and with the situation this might also cancell.
@mmk123 - Please do let me know what you are doing in this situation. I am stuck in almost in the same situation.. how the I 94 date is on the 21st.. i have already re-booked my tickets for the 21st.... and with the situation this might also cancell.
No comments:
Post a Comment