ivgclive
05-05 03:54 PM
Thanks to everyone who responded. So in summary, it looks like:
* I can own a business on H1B.
* I cannot take any proceeds/profits from the business, but can use it to grow it further.
* I can work for the business as long as I don't take any money from it.
- Can a guru please confirm this?
* The business can buy me equipment and accessories to work.
As everyone suggested, I will consult a CPA and immigration lawyer to confirm but wanted to get some initial idea.
It is very simple, when you are on H1...
You can work hard, even hard, kill yourself on anything without being paid.
Here is the meaning for "Slave" in a well known dictionary..
Slave
1 : a person held in servitude as the chattel of another
2 : one that is completely subservient to a dominating influence
3 : a device (as the printer of a computer) that is directly responsive to another
4 : DRUDGE, TOILER
5 : H1B
* I can own a business on H1B.
* I cannot take any proceeds/profits from the business, but can use it to grow it further.
* I can work for the business as long as I don't take any money from it.
- Can a guru please confirm this?
* The business can buy me equipment and accessories to work.
As everyone suggested, I will consult a CPA and immigration lawyer to confirm but wanted to get some initial idea.
It is very simple, when you are on H1...
You can work hard, even hard, kill yourself on anything without being paid.
Here is the meaning for "Slave" in a well known dictionary..
Slave
1 : a person held in servitude as the chattel of another
2 : one that is completely subservient to a dominating influence
3 : a device (as the printer of a computer) that is directly responsive to another
4 : DRUDGE, TOILER
5 : H1B
sri1309
11-04 06:33 AM
All,
Please congratulate the new President. Send your messages.
Please congratulate the new President. Send your messages.
ksurjan
10-19 08:33 AM
A friend of mine took infopass (new York) yesterday and got his AP. He had to wait for six hours though. He took a strongly worded letter from his comapny stating that he needed to travel for business reasons.
add78
03-19 01:33 PM
Hello Everyone;
I recently posted a thread on our buying house expereince, while that was chapter in itself, there is another one that has recently opened up. Allow me to elaborate;
When you buy a house ( as most know) lender sets up an arrangment with Title company. You actually pay for the expenses and title company carries out the work. So as part of the paper work, this title company was assigned to put together, they sent me a copy of the whole deal for my records. Now, the person who was handling the package at title company, sent it to the address on my driver license. Happens to be that right next day from the date of closing, I left this place an moved into my house. So when the package arrived via Fedex, their was no-one their to claim, so the Fedex guy left it on the door step. After more than a week, the title company contacted me via phone asking about why I haven't signed up those documents and sent back. Surprised I asked about when they sent and to what place? that's when we discovered that the package was delievered to wrong place. So I asked them to ask Fedex to go fetch the package and send it to my new address. So now Fedex reported, that the package is gone! ... I contacted apartment office and no-one turned in such package. I called back the title company and informed them about all this and complained about loss of personal information. I asked them to pay for identity protection program, which they have refused.
So my question is what legal course do I have to ensure they pay for my ID protection. I am really furstrated with the way these people do work. Instead of accepting negligence they are refuting my greivance. I have never hired a lawyer nor has taken anyone to court, but feel cheated.
I understand your frustration, however, legally you do not have a case against the Closing Company. If they had sent it to a completely different address, it was another story. Since your driver's license showed your old address, the court will not find them at fault. Check your contract to see if there is any provision that states the mailing method of such important documents. Usually it should require signature upon delivery if not return receipt, but if nothing is mentioned in the contract, unfortunately you do not have a case.
I recently posted a thread on our buying house expereince, while that was chapter in itself, there is another one that has recently opened up. Allow me to elaborate;
When you buy a house ( as most know) lender sets up an arrangment with Title company. You actually pay for the expenses and title company carries out the work. So as part of the paper work, this title company was assigned to put together, they sent me a copy of the whole deal for my records. Now, the person who was handling the package at title company, sent it to the address on my driver license. Happens to be that right next day from the date of closing, I left this place an moved into my house. So when the package arrived via Fedex, their was no-one their to claim, so the Fedex guy left it on the door step. After more than a week, the title company contacted me via phone asking about why I haven't signed up those documents and sent back. Surprised I asked about when they sent and to what place? that's when we discovered that the package was delievered to wrong place. So I asked them to ask Fedex to go fetch the package and send it to my new address. So now Fedex reported, that the package is gone! ... I contacted apartment office and no-one turned in such package. I called back the title company and informed them about all this and complained about loss of personal information. I asked them to pay for identity protection program, which they have refused.
So my question is what legal course do I have to ensure they pay for my ID protection. I am really furstrated with the way these people do work. Instead of accepting negligence they are refuting my greivance. I have never hired a lawyer nor has taken anyone to court, but feel cheated.
I understand your frustration, however, legally you do not have a case against the Closing Company. If they had sent it to a completely different address, it was another story. Since your driver's license showed your old address, the court will not find them at fault. Check your contract to see if there is any provision that states the mailing method of such important documents. Usually it should require signature upon delivery if not return receipt, but if nothing is mentioned in the contract, unfortunately you do not have a case.
more...
dummgelauft
09-11 08:36 AM
Thanks dummgelauft
My priority date is not current yet. There is a chance that my priority date will not be current even by the time my TN visa expires. So, that was the main problem I had. I know there is no way I can renew my TN visa ( since I-140 shows intent to immigrate). But, a HUGE misunderstanding I had, which you clarified for me, is that the 6 years
H1B restriction will not apply on me once I have approved I-140. So, if my priority date is current before my TN expires, I will get my EAD. If my priority date is not current by the time my TN expires, I will have the option of getting H1B and continue to work until I adjust my status.
What a relief !!!
Thank you so much again !!!!
Theo
just make sure that you allow sufficient time for you h1b processing. these can take upto 120 days.
My priority date is not current yet. There is a chance that my priority date will not be current even by the time my TN visa expires. So, that was the main problem I had. I know there is no way I can renew my TN visa ( since I-140 shows intent to immigrate). But, a HUGE misunderstanding I had, which you clarified for me, is that the 6 years
H1B restriction will not apply on me once I have approved I-140. So, if my priority date is current before my TN expires, I will get my EAD. If my priority date is not current by the time my TN expires, I will have the option of getting H1B and continue to work until I adjust my status.
What a relief !!!
Thank you so much again !!!!
Theo
just make sure that you allow sufficient time for you h1b processing. these can take upto 120 days.
GotGC??
04-03 08:24 PM
DOS tried to update the system reflecting a big jump in the visa dates for May. The system was unused to any changes lately - leave aside such large forward movements - and as a result it crashed.
DOS managed to recover the system by replacing all date fields with character fields. The rumor is that the value for all those character fields is now "C", whatever that means.
Why is it still unaccessible? Are you guys experiencing the same?
http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
DOS managed to recover the system by replacing all date fields with character fields. The rumor is that the value for all those character fields is now "C", whatever that means.
Why is it still unaccessible? Are you guys experiencing the same?
http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
more...
LostInGCProcess
11-26 10:43 AM
Perhaps I am missing something. I thought you could get an extension beyond six years only if:
1. Your labor was pending for more than 360 days OR
2. Your I-140 was approved
I did not know that you could get an extension if:
Your labor was approved and your I-140 was still pending.
My understanding is that the USCIS came out with the I-140 premium processing only to address the above scenario. Perhaps someone who has dealt with this first hand can enlighthen us.
You are right. For approved labor (or pending more then a year, which is rare these days), pending more then a year, and if I-140 is still pending, you get H1 for 1 year. With approved I-140, you get 3 year extension.
1. Your labor was pending for more than 360 days OR
2. Your I-140 was approved
I did not know that you could get an extension if:
Your labor was approved and your I-140 was still pending.
My understanding is that the USCIS came out with the I-140 premium processing only to address the above scenario. Perhaps someone who has dealt with this first hand can enlighthen us.
You are right. For approved labor (or pending more then a year, which is rare these days), pending more then a year, and if I-140 is still pending, you get H1 for 1 year. With approved I-140, you get 3 year extension.
gc_chahiye
10-26 04:08 PM
Can I fill AP directly instead of going thru the lawyer?
Thanks
yes! Include the copy of your 485 receipt inthe appplication.
EAD and AP are simple enough that you can apply/renew on your own without paying a lawyer.
Thanks
yes! Include the copy of your 485 receipt inthe appplication.
EAD and AP are simple enough that you can apply/renew on your own without paying a lawyer.
more...
bobzibub
12-15 06:02 PM
Have anyone heard any updates from AILA about this issue? if one knows this for sure, atleast in these days, people can start working a second (may be non-technical) job on EAD...that way you should be able to save some money for the rainy days...
AILA wouldn't be the ones to update us wouldn't they? USCIS is the one that makes the call. We can pester AILA to ask for an "update on the status of the decision making process" and that would likely make them finally do something.
I've asked the ombudsman on this issue. Never got a response.
IMHO:
I think that after a year (It must be getting close now) of being formally asked by AILA, USCIS basically must allow moonlighting under an EAD because they did not cite any law against it. They basically accepted AILA's interpretation when they stated that they "took it under advisement" and left it at that. Even if there is a magical law that appears now barring the practice, their inaction after so long has "blue skied" the moonlighting for at least those already practicing it. What alternative conclusion could an immigrant draw?
AILA wouldn't be the ones to update us wouldn't they? USCIS is the one that makes the call. We can pester AILA to ask for an "update on the status of the decision making process" and that would likely make them finally do something.
I've asked the ombudsman on this issue. Never got a response.
IMHO:
I think that after a year (It must be getting close now) of being formally asked by AILA, USCIS basically must allow moonlighting under an EAD because they did not cite any law against it. They basically accepted AILA's interpretation when they stated that they "took it under advisement" and left it at that. Even if there is a magical law that appears now barring the practice, their inaction after so long has "blue skied" the moonlighting for at least those already practicing it. What alternative conclusion could an immigrant draw?
StarSun
04-12 09:24 AM
Please send in your questions for this week (Thursday, Apr 14th) to ivcoordinator@gmail.com
more...
franklin
07-17 06:06 PM
Talk is cheap guys, put your money where your mouth is so we can continue fighting for us all! The battle is won, the war is far from over
http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25#HowToContribute
:D
http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25#HowToContribute
:D
reno_john
06-07 04:00 PM
With all this amendments going on with the Immigration bill and election round the corner I wish the immigration bill does not pass through since I don't wanna see a compromise kinda of bill, which may or may not screw us.
I don't see anything wrong with the current immigration scenario except delay, if you wanna immigrate then be patience else go back from where we came from, India is not bad.
Just to remind you all who read this message I am pro immigration but will not deal with a compromised bill..................... and I am with my I140 stage.
I don't see anything wrong with the current immigration scenario except delay, if you wanna immigrate then be patience else go back from where we came from, India is not bad.
Just to remind you all who read this message I am pro immigration but will not deal with a compromised bill..................... and I am with my I140 stage.
more...
Siddharta
03-12 08:49 PM
Doing MBA is useless ... unless you do it from a top 20 school
smisachu
01-15 11:28 AM
This should pose no problem. My uncle who was also an ex Army officer got B1 to visit his kids here. I also have a friend who is retired from the Army and is now on H1 also waiting for GC. Only problem will be for Army personel of Rouge regimes like China, North Korea, Libiya, Iran, Some African countries and Kamer Rouge etc.
Hello All,
My friend's father wants to apply for B-1 visa for tourism purpose. He is a senior retired defence personnel in India and now having successful post-retirement career as a education consultant. Will his Army background prove to be a detriment to his B-1 visa application?
DS-157 specifically asks for prior military training and knowledge of handling of firearms. All answers are affirmative in his case.
Does any one know if some one with this profile was able to get B-1/2 visitor visa
Hello All,
My friend's father wants to apply for B-1 visa for tourism purpose. He is a senior retired defence personnel in India and now having successful post-retirement career as a education consultant. Will his Army background prove to be a detriment to his B-1 visa application?
DS-157 specifically asks for prior military training and knowledge of handling of firearms. All answers are affirmative in his case.
Does any one know if some one with this profile was able to get B-1/2 visitor visa
more...
ddeka
12-31 10:06 AM
My attorney applied for me. I am not sure what needs to be done if you want to apply yourself. AP will be valid for 1 yr and requires renewal every yr.
Thank you for your help. I really appericate your response.
I have one more question. How I can apply for AP? How long AP is valid for?
Thank you for your help. I really appericate your response.
I have one more question. How I can apply for AP? How long AP is valid for?
inskrish
10-21 10:47 PM
Friends, can someone help answer a few questions for considering filed I-485 and adding spouse at the later. I am planning to get married in the January or february time frame in India. I have read at several places that one can add spouse anytime BEFORE 485 APPROVAL. I work on H1B, I am from India and my priority date is Oct 06 with approved EAD and I 485 pending. I have some specific questions in case my priority date becomes current. My question is -
1. Can I travel and enter on my H1 even if my AP is approved/pending?
2. Is it safer to travel on AP even if I have a valid/invalid H1 stamped on my passport?
3. Can my wife enter on H4 and then we add her name to 485 when she is in US?
Thanks for any/all additional help you can provide with my scenario. I can be flexible if someone has any suggestions that can help my case.
Of course I will be taking my lawyer's advice and use your suggestions to enchance my knowledge and present some scenarios to the lawyer.
Thanks for all your help!!
1. Can I travel and enter on my H1 even if my AP is approved/pending?
Yes, you can travel and enter into USA on your H1 visa even if your AP is approved or pending as long as your visa has a valid stamping.
2. Is it safer to travel on AP even if I have a valid/invalid H1 stamped on my passport?
If you have an invalid H1 stamping on your passport, then AP is the only way to enter into USA. On the other hand, If you have a valid stamping and also have an approved AP, you can use either H1 or AP to enter into USA.
3. Can my wife enter on H4 and then we add her name to 485 when she is in US?
If you have a valid H1 Visa, your wife can enter on H4. Regarding adding your wife's name to your 485 case, I am not sure, but I believe you have to wait until your PD becomes current.
Consulting an attorney is the best option, I believe. Good luck!
Regards,
IK
1. Can I travel and enter on my H1 even if my AP is approved/pending?
2. Is it safer to travel on AP even if I have a valid/invalid H1 stamped on my passport?
3. Can my wife enter on H4 and then we add her name to 485 when she is in US?
Thanks for any/all additional help you can provide with my scenario. I can be flexible if someone has any suggestions that can help my case.
Of course I will be taking my lawyer's advice and use your suggestions to enchance my knowledge and present some scenarios to the lawyer.
Thanks for all your help!!
1. Can I travel and enter on my H1 even if my AP is approved/pending?
Yes, you can travel and enter into USA on your H1 visa even if your AP is approved or pending as long as your visa has a valid stamping.
2. Is it safer to travel on AP even if I have a valid/invalid H1 stamped on my passport?
If you have an invalid H1 stamping on your passport, then AP is the only way to enter into USA. On the other hand, If you have a valid stamping and also have an approved AP, you can use either H1 or AP to enter into USA.
3. Can my wife enter on H4 and then we add her name to 485 when she is in US?
If you have a valid H1 Visa, your wife can enter on H4. Regarding adding your wife's name to your 485 case, I am not sure, but I believe you have to wait until your PD becomes current.
Consulting an attorney is the best option, I believe. Good luck!
Regards,
IK
more...
hibworker
08-23 11:46 AM
Switching to F1 will allow her to use OPT / CPT benefits as well as allow her to work part time on campus during term. In order to qualify for OPT the student needs to be in F1 status for 1 academic year prior to submitting application for OPT.
sam2006
10-01 09:55 PM
I think his friend is a full time employee of Lehman.
Yes he is( was ) a FT at Lehman
Yes he is( was ) a FT at Lehman
nashdel
04-06 11:26 PM
I went to Delhi recently for emergency appointment. The person who replied to my email (within 12 hours) told me to call next morning.
He gave me option for next day and told me to bring demand draft rather than their receipt for HDFC bank (lady at the counter did ask me about it though).
You should complete the online application as per their recommendations on website. It is very important. They would avoid data entry by you doing so.
Counter Lady put a blue sticker on my passport just like old times and asked me to collect my passport from embassy counter itself.
After usual long wait, I was interviewed and even though I did not have some of the documents she asked, she did not create any problems.
However, she said since my application is not cleared in PIMS, she is helpless in issuing visa. She gave me pink slip with ' petition not in PIMS' and emergency appointment written over it.
She asked me to check status on line at NEw delhi embassy website.
Anyway, it took them 2 weeks to clear PIMS and I had to postpone my flight 2 times. Emails to them is useless. they would not reply at Delhi. Phone is answered between 2-3 PM and I have to constantly redial many many times before some one will pick up.
I asked for them to return my passport many times so that I can return on AP but they would not do that. (could have been risky long term as my I 140 is not cleared yet). My h1b attorney`s paralegal did advice me to come back on AP if I am at risk of loosing my job. She said usually going back to H1b is very simple process even after you enter on AP.
Anyway, If you have AP, think twice if your employer is not willing to wait longer than necessary.
By the way my information was never updated on website even after I got the visa. My wife was calling DOS in US and they were very helpful in telling the status of PIMS.
Hopefully that helps you in your difficult times.
He gave me option for next day and told me to bring demand draft rather than their receipt for HDFC bank (lady at the counter did ask me about it though).
You should complete the online application as per their recommendations on website. It is very important. They would avoid data entry by you doing so.
Counter Lady put a blue sticker on my passport just like old times and asked me to collect my passport from embassy counter itself.
After usual long wait, I was interviewed and even though I did not have some of the documents she asked, she did not create any problems.
However, she said since my application is not cleared in PIMS, she is helpless in issuing visa. She gave me pink slip with ' petition not in PIMS' and emergency appointment written over it.
She asked me to check status on line at NEw delhi embassy website.
Anyway, it took them 2 weeks to clear PIMS and I had to postpone my flight 2 times. Emails to them is useless. they would not reply at Delhi. Phone is answered between 2-3 PM and I have to constantly redial many many times before some one will pick up.
I asked for them to return my passport many times so that I can return on AP but they would not do that. (could have been risky long term as my I 140 is not cleared yet). My h1b attorney`s paralegal did advice me to come back on AP if I am at risk of loosing my job. She said usually going back to H1b is very simple process even after you enter on AP.
Anyway, If you have AP, think twice if your employer is not willing to wait longer than necessary.
By the way my information was never updated on website even after I got the visa. My wife was calling DOS in US and they were very helpful in telling the status of PIMS.
Hopefully that helps you in your difficult times.
imcdude
10-17 01:59 PM
If I had a million dollars, why would I want a Green Card.
I would want to live like a King in India with servants and all.
I would want to live like a King in India with servants and all.
thakkarbhav
11-17 12:31 PM
I believe that from I 485 stage both cases (Primary applicant and dependant) are different. Primay applicant can be on H1-B or EAD for work purpose but the immigration status will be AOS.
Same is true for dependant candidate. They will be on AOS even if they have approved H4 or EAD.
If primary candidate wants to maintain H1-B status then it is ok. No need for dependant to follow and maintain H4 status. They can work on EAD and contiue their AOS application.
Same is true for dependant candidate. They will be on AOS even if they have approved H4 or EAD.
If primary candidate wants to maintain H1-B status then it is ok. No need for dependant to follow and maintain H4 status. They can work on EAD and contiue their AOS application.