Wednesday, June 8, 2011

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  • navyug
    06-26 04:58 PM
    This is not correct.

    Managing the business comes under employment authorization whether or not salary is drawn by the owner.

    Not a legal advice.

    You can own shares of a company and be paid dividend too when you are on H-1B. Getting paid dividend does not mean the dividend paying company has to also sponsor your H-1B. In the same way she is just holding shares (may be 100%) in the company. As long as she is not being paid salary she is fine. She can work pro-bono during this period. You do not need EAD to be a owner (or share holder) of any company. She needs EAD if and only to be paid salary from this company. EAD is "Employment Authorization Doc". Even a student can own shares of a company. Please understand/analyze the situation before commenting.....

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  • InTheMoment
    02-09 11:30 PM
    My status has changed recently from H4 to H1. I haven't got my H1 visa stamped in passport. I need to travel to India due to family emergency.
    1. Can I get an emergency appointment?

    ---> Yes that is possible, check instructions for the consulate you plan to apply in.

    2. Would I have any problem related to transit visa if travelling via Amsterdam or Frankfurt?


    Netherlands -- Please investigate here:

    Germany -- do not need transit visa, read exception 4 clearly.

    3. How long does it take to recieve the passport after stamping?

    ----> Depends on the mission/post, but by courier within 2 days
    else the same day.

    Any help would be greatly appreciated.


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  • pappu
    04-08 05:54 PM
    Is someone working to fix the issues with the IV Tracker? It is such an important tool, but still has bugs to be resolved.

    When you try to restrict by country or Country of charge, it doesnt bring back any results.

    Also, if you try to sory by priority date, the sorting doesnt seem to work.

    Yes we are working on it and will be enhancing it. Please keep adding your details to it.

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  • desi3933
    06-25 09:46 AM
    As long as she is not drawing a Salary, she is fine. She can continue to manage the business.

    This is not correct.

    Managing the business comes under employment authorization whether or not salary is drawn by the owner.

    Not a legal advice.


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  • ramaonline
    07-27 02:10 PM
    You must first get into EAD status by filing form I9 with your employer. After that you can do a second job part-time or weekends / online etc using ur EAD. EAD allows open employment for your second job - not necessary to be the same as ur current full time job.

    H4 holders after getting EAD must apply for SSN. After getting SSN they can do any job full time or part time.

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  • soneC
    06-15 09:04 AM
    Hello. First of all, thank you for reading and feedback. I need some advice on my immigration issue.

    I entered the country with F-1 student visa six years ago. I obtained H-1B visa when I got a job after graduation. With my employer�s sponsorship, I applied for employment-base immigration visa and the application got approved (Perm EB2 China-born PD Feb 2006). I did not apply for H-1B renewal when it was expired and I am on I-485 (employment-based) pending status with my EAD up to now. My father is a neutralized US citizen and filed I-130 immigration petition for me. The petition got approved with PD of Jan 2004 (unmarried sons/daughters of US citizens over 21).

    I understand that I am eligible for applying I-485 (family-based) petition along with EAD/AP as soon as my PD becomes current. I am especially eager to do so given the fact that the company that I am working at may initiate another around of layoffs. In addition, I do not want to go back to my original country to complete consular processing if I do not have to. However, I have a serious concern about applying for I-485 (family-based this time) again. Will USCIS give me trouble for my family-based I-485 application (along with EAD and AP) because I am already on AoS status with my employment? I do notice that, on the I-485 form, it specifically asked if that petitioner applied for AoS (adjustment of status) before and if yes, the result.

    Thank you very much for reading and feedback. By the way, I still have the original I-94 record with F-1 student stamp to approve that I entered the country legally. So this should not be a concern.


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  • H1InTrouble
    09-18 04:05 PM

    I am in a situation and hope someone here would be able to provide me with some advice. I was employed by Company A since 2006 and I was working at a Client location for the last 3 years. There is company B who is the primary vendor for the Client. Recently my H1 extension was denied and so I went out of status. I reached out to my end client for help. Since they are happy with my work, they said that they can talk to another vendor (company C) to sponsor a new H1 for me. Company C is now ready to file my H1 but the problem is that Company A somehow got to know about this and is enforcing a non compete agreement on me.

    I wanted to know if they can do this even though the H1 was denied and they are unable to provide me with any job. Can they stop me from earning my livelihood. I did not go out and breached any contract, I am trying to move only because my H1 with company A has been denied. The only thing is that the end client is the same.


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  • gc_lover
    06-20 12:24 PM
    Hi gc_lover,
    Did u get this information from your attorney? My attorney has a different view and tells me we cannot proceed without the actual papers of certification from PBEC.
    Also can u check for me what is required if we do not have the certification papers from DOL(like a print out of CERTIFIED status from DOL website) to file
    for 140/485. I will try to pursue with my attorney if I get this info.


    Case Details
    TR PBEC Priority Date : 03/2003 Stauts : CERTIFIED since last week
    Waiting for Certification docs. to file 140/485.


    I got this from website


    06/05/2007: I-140 Petitions Ineligible for Premium Processing

    Under the regulation, the USCIS is authorized to suspend certain types of I-140 petitions for the premium processing on its website notice. As of now, the following I-140 petitions are not eligible for the premium processing:
    1. A second filing of a Form I-140 petition while an initial Form I-140 remains pending;
    2. Labor Certification substitution requests; and
    3. Duplicate Labor Certification requests (i.e., cases filed without an original labor certification from the Department of labor).
    It appears that the third category includes any I-140 petitions filed without the original labor certification regardless of whether they should obtain a duplicate labor certification from the DOL. It also appears that they refuse to process on the premium processing basis the I-140 petitions to request the priority date transfer unless the original labor certification application is filed with the request.


    You can apply for 140/485 but you cannot go for premium processing. I also know a case who has done this. You do not need any extra documents to file without LC. My lawyer had confirmed this thing. However, I am planning to send print out of website and email I have from BEC.

    Yes, you can file without actual LC papers, so don't wait!


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  • GCNaseeb
    08-08 04:25 PM
    Even if you are not working on a project, you are technically working for a H1-B sponsorer. Once you could file your AOS, you are legal with a status of "AOS pending". During 180 days period, you don't have to work and just sit at home. Its very unlikely that your already filed AOS application will get adjudicated within 180 days. Once after 180days of filing, you invoke AC21 and start working on again with any employer.

    You are correct. There shuld be a job offer from sponsoring company at the time of applying for AOS. I guess the question is what if the person is not working at all ( No pay stubs from any company ). In this case the candidate will be out of status? There might be cases where people might come on bench or not having a project etc...

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  • eilsoe
    10-03 01:48 PM
    I have a feeling this could get evil...


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  • GotFreedom?
    03-12 09:43 PM
    Congratulations to you and your family. Enjoy!!

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  • WaitingForMyGC
    06-25 09:56 AM
    Bumping up.


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  • go_gc_way
    05-18 11:32 AM
    Great work guys !!!

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  • GotFreedom?
    03-18 01:23 AM
    I recently started an LLC here. I looked into several options and learned that LLC is the best way to go if you are a foreign national. I'm working on my H1B and do hold a valid EAD.
    Anyone can incorporate an LLC regardless of your immigration status. As an LLC member, you are liable to file for you own tax returns on the profits and any salary drawn from the company. However, the members can choose to file taxes as a corporation as well. The most important part in incorporating a business is to form an Operating Agreement and getting square with IRS by getting the employer Identification number(EIN) so that you can file taxes. None of the banks will let you open a business account with them if you do not have an EIN which is also called as Federal Tax ID number.
    You can find a lot of information on the web on this subject. I can shoot you the online service I used in a private message if you are interested. BTW, we formed the LLC in DE and operating from NJ.


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  • walking_dude
    11-06 10:20 AM
    Members from MI, please join your state chapter.

    Thank You.

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  • Beta_mle
    09-10 07:23 AM
    AFAIK, as long as the core duties mentioned in the LC don't change considerably (by more than 50%), the company can promote you anytime.

    I just watched the video on the front page promoting the rally and it seemed to say that your salary must remain within 5% of the amount stated in the I-140. Is this correct? This appears to contradict your answer. It also does not make sense. I am in this situation, I-140 approved with PD in '06, I-485 filed in July. My company gives raises of a few percent every year, and I would suppose most companies do. Surely it is not realistic for a person to stay at the same salary for however long it takes to adjudicate the AOS?

    Could someone please address this?



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  • ujjvalkoul
    06-25 06:36 PM
    Thanks guys for all your replies & suggestions. Just to let you know, that I am paying for my whole GC process and I have been with this company since last 3 years. I have already completed one 2 year contract term with them and still they are asking me to sign new contract. To me, this is total blackmailing.
    Again ....the risk it totally urs to take.....!!!
    I am sure they are doing that so that they can suck u more after applying at this point even if u tell them it is illegal, they will not budge...

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  • gbof
    04-08 03:00 PM
    Couple of related questions.

    1. Which method to use (paper or e-file) if you are filing for your EAD & AP for the first time ?

    2. Where to file, the Service center or Lock Box facility ?

    1). I just mailed (paper filing) I-765 for renewal of EAD. Reason: Last year, because of a tiny/immaterial mistake (in e-filing) my EAD was delayed to close to 120 days..

    2) As per filing instructions (feb,2010) I donot think you have any choice/option as to where to file.

    Make your own choice, good luck.

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  • deecha
    07-26 09:21 AM
    Hello everyone,
    I got to know about this website recently and I wish I had known it earlier.

    Anyway, I need advice/conformation

    I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)

    The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)

    After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong

    1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.

    2. If my I-485 gets approved before my wife’s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.

    3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife’s when I become current again. No problem with this other than paying the fees again.

    4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).

    Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!

    If I were you, I would file for my I-485 anyways and then get the wife in on H4, when the H1 extension was approved, as you would still be on H1 status (as long as you did not use the EAD). Have her I-485 ready and as soon as she comes back, send her I-485 in ASAP.

    12-07 09:28 AM
    Chang from Cap Exempt to Cap Number H1B requires that you file the change when the visa is available during the FY which in H1B case is April 1st. The years spent on Cap Exempt status like not for profits is counted towards the 6 Yr limit.

    04-07 09:03 AM
    There is no law that says that you need to work for your employer for such and such nr of moths after getting GC. However, it is advisable to work for as long as you can for the original employer to avoid issues at naturalization stage.

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