kondur_007
03-09 06:38 PM
You need to speak to a very good lawyer before doing this.
As far as I know, While you are on US soil on H1B visa: you can not work for anything else (not even during after hours, on holidays etc) for any company (not even an Indian company).
Doing so will violet H1B status.
So yes, you can establish a company in India when you go there for vacation, become a CEO of it and work for it (while you are there), but can not work as a "CEO of indian company" while you are on US soil.
This is technical law...just so you know.
Good Luck.
PS: I like your idea and I admire your dream.
As far as I know, While you are on US soil on H1B visa: you can not work for anything else (not even during after hours, on holidays etc) for any company (not even an Indian company).
Doing so will violet H1B status.
So yes, you can establish a company in India when you go there for vacation, become a CEO of it and work for it (while you are there), but can not work as a "CEO of indian company" while you are on US soil.
This is technical law...just so you know.
Good Luck.
PS: I like your idea and I admire your dream.
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starving_dog
09-02 06:11 PM
Legalese for "We have no clue what is going on. Please bear with us for the next decade while we figure it out."
same_old_guy
03-19 05:39 PM
If you are on payroll, it means you are still employed by that company. Consider this as bench period. The company may not pay you the whole salary or part of it but you are still employed. This creates problem sometime. You should ask your employer to consider you as on unpaid leave or vacation. You dont have to leave the country. Few days are ok as long as you get a new job elsewhere and transfer your H1. I think 30 days is good. Your first and foremost goal is to get a job at any cost. That should happen before you are out of payroll of your current company. That means within 30 days.
Once you are out of 30 days and dont have a job, you are out of status. That means you are here illegally. Your counter starts. There is no guideline how long you can stay here like that but more than 180 days will definitely create problem for you in the long run.
Coming to H1 transfer, if you can transfer the job within 30 days, you are good. No harms done. Although sometime you get RFE to show the income for that period if W2 shows very low number. There should some sort of parity with LCA minimum wage in H1 with W2. But 30 days of non-payment should not be a big issue as long as you can prove you were employed at that time with your H1 petitioner.
If you are out of status, there is not much you can do about it except get a job soon enough. There are people who got H1 transfer without any issue. But there is a greater chance it might come up as RFE in H1 or later in GC.
If you are here more that 180 days, you are in serious trouble.
In any case, talk to a lawyer. People here in this forum are good for some basic general advice but a case like yours should be consulted with a professional.
Once you are out of 30 days and dont have a job, you are out of status. That means you are here illegally. Your counter starts. There is no guideline how long you can stay here like that but more than 180 days will definitely create problem for you in the long run.
Coming to H1 transfer, if you can transfer the job within 30 days, you are good. No harms done. Although sometime you get RFE to show the income for that period if W2 shows very low number. There should some sort of parity with LCA minimum wage in H1 with W2. But 30 days of non-payment should not be a big issue as long as you can prove you were employed at that time with your H1 petitioner.
If you are out of status, there is not much you can do about it except get a job soon enough. There are people who got H1 transfer without any issue. But there is a greater chance it might come up as RFE in H1 or later in GC.
If you are here more that 180 days, you are in serious trouble.
In any case, talk to a lawyer. People here in this forum are good for some basic general advice but a case like yours should be consulted with a professional.
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Singh
09-08 06:43 AM
Hey guys, I m a new member here, I m looking for some freelancing work in graphic designing. I m proficient in Adobe Photoshop, Corel Draw 11 and many other softwares. I m based in Delhi, India, so if anyone have any work for me, kindly mail me at jjstepin@indiatimes.com . Hope to get positive response from all u guys.
Regards:sure:
Regards:sure:
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gchodhry
02-28 01:28 PM
Hi,
I am on L-1 Visa. My company is ready to apply green card and H1 visa as well. If my green card application is filed, then change in my visa status L1 to H1 is going to impact to my green card application?
In case I apply H1 from other employer, in that case what would be the impact on my green card application?
Please suggest.
Thanks,
Gagan Chodhry
I am on L-1 Visa. My company is ready to apply green card and H1 visa as well. If my green card application is filed, then change in my visa status L1 to H1 is going to impact to my green card application?
In case I apply H1 from other employer, in that case what would be the impact on my green card application?
Please suggest.
Thanks,
Gagan Chodhry
lazycis
03-04 10:39 AM
There are no guarantees when you are dealing with the USCIS. I was current in April 2005. Approval came in November 2007. Call the USCIS customer service and initiate service request.
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sam_i02
09-24 06:56 PM
Peeps -
My self-filed I-485 application (July 2nd) was sent without:
- Medical Exam results
- Employment Verification Letter
I have recently rec'd the receipt number for my case. Should i sent the missing documentation to USCIS linked to the receipt numbers - or should i wait for the RFE? Anyone with experience with this please advise.
Secondly, if you recommend that i send it now, how can i make sure that the documents will get added to my file? Is there a special procedure for this?
Thank you
Samir
My self-filed I-485 application (July 2nd) was sent without:
- Medical Exam results
- Employment Verification Letter
I have recently rec'd the receipt number for my case. Should i sent the missing documentation to USCIS linked to the receipt numbers - or should i wait for the RFE? Anyone with experience with this please advise.
Secondly, if you recommend that i send it now, how can i make sure that the documents will get added to my file? Is there a special procedure for this?
Thank you
Samir
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dealsnet
02-13 01:11 PM
Tourist visa is for tourism purpose only. You want advice to misuse the visa ?. 10 year multiple entry visa can be used number of times. But she stays more (like 6 month max) for each visit, after 2 such visit, within a small gap say 2-6 months, there is a chancce to blacklist her and may be allow for 1-2 months I-94, or deny her entry. They are smart to see the intension of people. They look for the pattern of visit.
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ameryki
01-07 04:17 PM
I don't think its the same plane that will take you all the way. If I am not mistaken AI has a code share flying in to Paris and then you switch planes. the only transit destinations that you don't change planes according me with Air India are Frankfurt and London.
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loku
08-16 07:41 AM
I was on H-1 and got laid off on July 23. I filed for COS to H4 online on the same day and got the electronic receipt the same day. As I had filed I-539 after work hours, the receipt shows that USCIS received my application on July 26 instead of 23. I got the paper receipt in next 3 days. I hope this will not create any problems as my employer sent notification to USCIS on July 31 and I received my last paystub on July 31 though it was only till July 23. I have been working in US with good status for last 5 years.
Now I have some questions. Any help is greatly appreciated:
1) I recently got two Job offers from different consulting firms. When I told them that my H4 status is still pending, their attorneys told me conflicting things.
- One employer's attorney said that I have to wait till my H4 is approved and only then they could apply for my H1. At this time I have not status and they cannot file my H1.
- The other employer's attorney said that I could apply for H1 while my H4 is still pending by giving pending petition reference in the new H1 application. This will let USCIS adjudicate both the pending status together and there will be no problem for my H1.
Which one of them is correct ? What are the risks involved if I go with the advice of second attorney? Is there a possibility that filing H1 increases the chances the both my H4 and H1 applications are rejected and I could be OOS ?
2) Second question is that the second employer wants me to start immediately after I get H1 receipt. Am I eligible to work on a receipt with my situation or do I need to wait for the complete approval ? What if I get an RFE ? As this is a consulting firm, they have work order from end client for only 3 months and it will be renewed after every 3 months. Will this 3 month work order will create any problems ?
3) What is my current status ? Will the current time while H4 is pending will be counted against H1 or H4 ? As I have only a little over year left in my H1, it is important for me to know how much valid time I have left for H1. This processing time could go in months if I get an RFE.
Now I have some questions. Any help is greatly appreciated:
1) I recently got two Job offers from different consulting firms. When I told them that my H4 status is still pending, their attorneys told me conflicting things.
- One employer's attorney said that I have to wait till my H4 is approved and only then they could apply for my H1. At this time I have not status and they cannot file my H1.
- The other employer's attorney said that I could apply for H1 while my H4 is still pending by giving pending petition reference in the new H1 application. This will let USCIS adjudicate both the pending status together and there will be no problem for my H1.
Which one of them is correct ? What are the risks involved if I go with the advice of second attorney? Is there a possibility that filing H1 increases the chances the both my H4 and H1 applications are rejected and I could be OOS ?
2) Second question is that the second employer wants me to start immediately after I get H1 receipt. Am I eligible to work on a receipt with my situation or do I need to wait for the complete approval ? What if I get an RFE ? As this is a consulting firm, they have work order from end client for only 3 months and it will be renewed after every 3 months. Will this 3 month work order will create any problems ?
3) What is my current status ? Will the current time while H4 is pending will be counted against H1 or H4 ? As I have only a little over year left in my H1, it is important for me to know how much valid time I have left for H1. This processing time could go in months if I get an RFE.
more...
GotGoose?
04-26 08:12 AM
Very nice - I like the green one a lot too.
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raysaikat
07-26 03:50 AM
Has anyone requested premium processing of I-140 based on expiry of the sixth year of H1B. My 6th year H1B expires next month and I think I am eligible for premium processing.
You are eligible only if there is *no* other way of extending your H1-B. If your labor certificate is more than 1 year old, then you are not eligible. In that case you can get 1 year extension based on the LC.
You are eligible only if there is *no* other way of extending your H1-B. If your labor certificate is more than 1 year old, then you are not eligible. In that case you can get 1 year extension based on the LC.
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kshitijnt
01-25 08:55 PM
Some members in other posts have used abusive language to the extent of comparing my wife to a dog. And some have asked for the money since I have got the answers. I am not sure how these "skilled" people can lobby for the skil bill or for that matter convince a single congressman.
I am keeping an open mind and soon when I get my tax refund or bonus I will be able to contribute. I have high personal expenses and I am not too desperate for GC to ruin my financial security and run after this mirage. Hope you guys get it. If you are short on money just ask. I agree my post was off topic, but it did not warrant insults. It just shows what kind of people I will be company to. Now if I were to call you guys some "shiite moolahs" you wont like it, would you?
I am keeping an open mind and soon when I get my tax refund or bonus I will be able to contribute. I have high personal expenses and I am not too desperate for GC to ruin my financial security and run after this mirage. Hope you guys get it. If you are short on money just ask. I agree my post was off topic, but it did not warrant insults. It just shows what kind of people I will be company to. Now if I were to call you guys some "shiite moolahs" you wont like it, would you?
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gc28262
06-26 09:53 AM
Today I found out there was a soft LUD on my I485 application. I am not sure what it is. How can I find what is going on with my I-485 application. Befre that there was a soft LUD on my travel document which I file in 2007 after that I did not file that. I just want to know what is going on with my application. Please let suggest.
Probably it is the pre-adjudication. I had soft LUDs on mine and spouse's 485 for the last 2 days. Recently got my I-140 approved.
Not sure why there is an LUD on your travel document.
Probably it is the pre-adjudication. I had soft LUDs on mine and spouse's 485 for the last 2 days. Recently got my I-140 approved.
Not sure why there is an LUD on your travel document.
more...
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reddymjm
02-26 07:29 PM
Hi-
I am applying for my EAD/AP renewal. The received date on my I-485 notice is Aug 2007. According to USCIS, if you filed after July 30 2007, you are not required to include a Fee.
I am looking at my receipt notices and I feel like I payed under the old fee structure and should include the fee. Here are the amounts
I-485 : $395.00
I-765 : $180.00
I-131: $170.00
Can someone please advice if I need to include the fee for AP and EAD renewal.
Thanks
I think it is Aug 17th or afterwards and in new fee structure you do not have to pay for the renewal.
I am applying for my EAD/AP renewal. The received date on my I-485 notice is Aug 2007. According to USCIS, if you filed after July 30 2007, you are not required to include a Fee.
I am looking at my receipt notices and I feel like I payed under the old fee structure and should include the fee. Here are the amounts
I-485 : $395.00
I-765 : $180.00
I-131: $170.00
Can someone please advice if I need to include the fee for AP and EAD renewal.
Thanks
I think it is Aug 17th or afterwards and in new fee structure you do not have to pay for the renewal.
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martinvisalaw
01-07 02:33 PM
For locations of deferred inspection offices, see here. (http://www.cbp.gov/linkhandler/cgov/toolbox/contacts/deferred_inspection/deferred_inspection_sites.ctt/deferred_inspection_sites.pdf) Please call before visiting them to make sure of their hours. Good luck.
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Ruta
08-18 03:08 PM
Hopefully Nebraska July 2nd filers can start expecting the recipts in next 14 days !!!
And NSC -> TSC transfer dates, god knows how long the wait is
And NSC -> TSC transfer dates, god knows how long the wait is
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PHANI_TAVVALA
02-12 07:25 PM
Restart the whole process starting with filing PERM-Labor. You need to reapply I-140 after this. You can recapture your priority date during I-485 filing.
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andy garcia
02-18 02:25 PM
Canada has been using this for skilled worker program, where individuals can apply for Canadian permanent residency independently if they fullfill the passmark. Other countries like Australia, UK and New Zealand also follow suit with different types of difficulties.
How about US? Would US adopt this?
G.
NOOOOOOOOO WAY
There are too many people who want to come here.
How about US? Would US adopt this?
G.
NOOOOOOOOO WAY
There are too many people who want to come here.
getgc2008
04-23 10:41 AM
I am planning to work on EAD soon and switch my employer using AC21. How would USCIS know that I have switched from H1b to EAD. I might change my mind after 1 months and get back to H1 transfer and work on H1 instead on EAD.
This depends on if the future project is long term and I switch to H1B just to be safe.
Any ideas would be appreciated...
This depends on if the future project is long term and I switch to H1B just to be safe.
Any ideas would be appreciated...
h1bee
09-19 10:29 AM
@itsmesabby: No this was my stamping after my first extension. It was cancelld at Kolkata consulate.
@vban2007: Are you sure that I can do a transfer? Or should a fresh H1B be filed by the new employer?
@vban2007: Are you sure that I can do a transfer? Or should a fresh H1B be filed by the new employer?
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