kumarr
02-15 08:16 PM
Hi Everyone,
I am on H1B with Labor approved about 2.8 years ago and I-140 approved for over a year ago.
I am July2007 fiasco filer of Indian origin.....in US for a some 13 years and I am Canadian citizen.
I have almost 2.5 years of H1B still left from my 3 year H1B extension.
I had EAD before but never used it, so my employer has not renewed it.
I am currently working on H1B.
I understand I am not allowed to work in my own business while on H1B, but I can have profit or loss from it......so it doesn't make sense to start a consulting business while on H1B in my opinion (correct me if I m wrong btw).
Starting a Consulting Business on EAD:
Now I want to start a consulting business in the same/similar field of my current job for which my greencard was applied and is still pending.
Please help me with the following:
Q1: Can I start the this consulting business while on EAD? Is LLC the best option?
Q2: Will it be then job portability from my current job to this new job in my company using AC21?
Q3: What conditions do I need to fulfill for working in my own company to keep my greencard alive?
Q4: What evidence do I need to keep handy to show USCIS if asked?
Q5: Am I supposed to inform USCIS when I do this job chnage?
Q6: Are there any minimum revenue requirements or do I have to pay myself same or more salary than my current job?
Q7: What if my business does not take off quickly and I can not pay myself same salary like my current job?
Q8: Can I apply EAD myself or I need my current employer to do so? I have the old expired EAD card that I never used.
Q9: I also don't have my job description from my labor certification. Is there a way for me to get it directly from USCIS?
Please advise. I thank you very much to help me out with this.....I know these are quite a few questions but I really need your help.
Thank you for your time and help.
Regards,
I am on H1B with Labor approved about 2.8 years ago and I-140 approved for over a year ago.
I am July2007 fiasco filer of Indian origin.....in US for a some 13 years and I am Canadian citizen.
I have almost 2.5 years of H1B still left from my 3 year H1B extension.
I had EAD before but never used it, so my employer has not renewed it.
I am currently working on H1B.
I understand I am not allowed to work in my own business while on H1B, but I can have profit or loss from it......so it doesn't make sense to start a consulting business while on H1B in my opinion (correct me if I m wrong btw).
Starting a Consulting Business on EAD:
Now I want to start a consulting business in the same/similar field of my current job for which my greencard was applied and is still pending.
Please help me with the following:
Q1: Can I start the this consulting business while on EAD? Is LLC the best option?
Q2: Will it be then job portability from my current job to this new job in my company using AC21?
Q3: What conditions do I need to fulfill for working in my own company to keep my greencard alive?
Q4: What evidence do I need to keep handy to show USCIS if asked?
Q5: Am I supposed to inform USCIS when I do this job chnage?
Q6: Are there any minimum revenue requirements or do I have to pay myself same or more salary than my current job?
Q7: What if my business does not take off quickly and I can not pay myself same salary like my current job?
Q8: Can I apply EAD myself or I need my current employer to do so? I have the old expired EAD card that I never used.
Q9: I also don't have my job description from my labor certification. Is there a way for me to get it directly from USCIS?
Please advise. I thank you very much to help me out with this.....I know these are quite a few questions but I really need your help.
Thank you for your time and help.
Regards,
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anilsal
11-11 06:05 PM
that's pretty funny.
I guess you saw the humor in it. :)
I guess you saw the humor in it. :)
pmat
08-08 02:25 PM
It is okay to under-enroll in the last semester after the approval of International Student affairs office of the university.
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nefrateedi
08-01 05:18 PM
can you please let me know when is the USCIS fee increase is scheduled from?
Also, say for I-485 the fee is 1000, does this fee include for spouse also? Or For spouse, the fee is extra $1000 ie the fee is per applicant or per family
I have the same question for EAD/travel docs
The new fees are in effect as of July 30, 2007. See below for the new fee schedule.
http://www.uscis.gov/files/nativedocuments/G-1055.pdf
Also, say for I-485 the fee is 1000, does this fee include for spouse also? Or For spouse, the fee is extra $1000 ie the fee is per applicant or per family
I have the same question for EAD/travel docs
The new fees are in effect as of July 30, 2007. See below for the new fee schedule.
http://www.uscis.gov/files/nativedocuments/G-1055.pdf
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factoryman
06-14 03:46 PM
This is a fit case, where you have send him back a question - what do you mean by that?
vegasbaby
05-07 07:53 PM
Submit all your I-94. How does it matter?? Once u leave US, u cannot enter on any of those I-94 anyway.
Submit them @ Washington DC
Submit them @ Washington DC
more...
EB3June03
08-09 08:07 PM
Folks,
This post is on behalf of my friend who is a student in UK and planning to apply for US Student (F1) visa. Here are some of the queries he has. I am sure some of you would be able to answer the questions below.
Question 15: Home Address (Should this be home address of India or should it be local address of UK where the prospective student is a temporary resident)
Question 16: Home Telephone Number : Similar to Question 15, what should be the answer for home telephone number and mobile number for a temporary resident (student) in UK when applying for US Visa?
Question 22: When do you intend to arrive in the US : They are asking for date/month/year.... Unless, my friend gets his visa - he might NOT know the date... Is it possible to enter only the month and year here?
Question 24: At what address will you stay in the US : My friend is going to be a student and unless and until he comes to US, will NOT know the answer for this - What have folks applying for student visa entered for this Question?
Question 25: Name and Telephone of Person in US who will be staying with : For prospective students, this would be a tough question to answer and I am sure most of the student visa applicants might have wondered what to enter here. What are some good answers here?
This post is on behalf of my friend who is a student in UK and planning to apply for US Student (F1) visa. Here are some of the queries he has. I am sure some of you would be able to answer the questions below.
Question 15: Home Address (Should this be home address of India or should it be local address of UK where the prospective student is a temporary resident)
Question 16: Home Telephone Number : Similar to Question 15, what should be the answer for home telephone number and mobile number for a temporary resident (student) in UK when applying for US Visa?
Question 22: When do you intend to arrive in the US : They are asking for date/month/year.... Unless, my friend gets his visa - he might NOT know the date... Is it possible to enter only the month and year here?
Question 24: At what address will you stay in the US : My friend is going to be a student and unless and until he comes to US, will NOT know the answer for this - What have folks applying for student visa entered for this Question?
Question 25: Name and Telephone of Person in US who will be staying with : For prospective students, this would be a tough question to answer and I am sure most of the student visa applicants might have wondered what to enter here. What are some good answers here?
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qualified_trash
11-20 10:40 AM
what do you think it means?
more...
ss1026
05-22 02:56 PM
Hi
I am currently stuck in the PBEC in the EB-3 Category. I am from Philipines and I enough experience to qualify for EB-2 filing with a new company. So I am considering a job switch but want to hear what the salary requirement is for a EB-2 filing. I am a wireless engineer. Any advice would be appreciated
I am currently stuck in the PBEC in the EB-3 Category. I am from Philipines and I enough experience to qualify for EB-2 filing with a new company. So I am considering a job switch but want to hear what the salary requirement is for a EB-2 filing. I am a wireless engineer. Any advice would be appreciated
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nonimmi
01-28 03:32 PM
http://www.ed.gov/rschstat/eval/rehab/support/doc-soc.xls
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Leo07
01-29 08:42 PM
I'll give you a honest answer. Consult an attorney and find a fool proof step, if there is one. Although, I'm inclined to say, stay F1 and bring her as F4. You need much more than that.
It is a big step in life, Congratulations! Whatever you do, immigration is the last thing that must be on your mind on the best day of life!
It is a big step in life, Congratulations! Whatever you do, immigration is the last thing that must be on your mind on the best day of life!
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Ann Ruben
10-22 12:39 PM
I agree that an error in name order on an EAD is not likely to cause any major problems. However, You can apply for a replacement card by filing another I-765. If the error on the EAD is due to a USCIS mistake, no fee is required. However, if you caused the error by providing incorrect information, then you will have to pay the full $340 filing fee again.
more...
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ajaykk
11-06 04:19 PM
Hi Guys,
My wife is on H4 and she got her EAD yesterday. She wants to work on EAD.
She doesnt have valid visa in her passport, we are planning for India trip soon and also planning to go to US embassy for stamping as our visa got expired.
My questions are
1. Can my wife apply for a visa after she starts using EAD? and later can she extend her H4 along with my H1 extension which I'm going to apply mid next year?
2.Is it ok to travel just on AP for her if she doesnt want to apply visa?
Please suggest.
Thanks
AJ
My wife is on H4 and she got her EAD yesterday. She wants to work on EAD.
She doesnt have valid visa in her passport, we are planning for India trip soon and also planning to go to US embassy for stamping as our visa got expired.
My questions are
1. Can my wife apply for a visa after she starts using EAD? and later can she extend her H4 along with my H1 extension which I'm going to apply mid next year?
2.Is it ok to travel just on AP for her if she doesnt want to apply visa?
Please suggest.
Thanks
AJ
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krithi
02-07 04:51 PM
gotcha sounds good.
thnx,
Java
thnx,
Java
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chakalov
08-07 06:33 PM
Thats right.
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dilbert_cal
07-05 11:56 AM
You would require copy of the approval notice of 140 from the old company.
In the new company, you would need to file a new labor via PERM. Once it is approved, you would need to file a new 140 and use the copy of the old approved 140 to port your priority date.
In the new company, you would need to file a new labor via PERM. Once it is approved, you would need to file a new 140 and use the copy of the old approved 140 to port your priority date.
more...
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Blog Feeds
11-09 03:40 PM
Immigration Visa Attorney Blog Has Just Posted the Following:
The H-1B quota is slowing reaching its limit. The so-called advanced degree cap is now full and approximately 53,800 cases have been counted against the 65,000 allocated to the regular cap. USCIS has advised that those wishing to be counted against this year's cap should submit their applications as soon as possible.
A lot has been said about how much longer the H-1B quota has lasted this year. There's a been a lot of speculation about the reasons why the quota is still open. It's pretty obvious that the economic situation has led to a reduced number of filings, but less people talk about the other reason. USCIS is generally pretty skeptical about the H-1B program, believing that many candidates for H-1B are filing marginal cases. This has increased the number of requests for evidence that USCIS has issued this season as well.
While the open cap provides an opportunity for a late-season submission, H-1B applicants and their employers should be well aware of the scrutiny they may have to endure. Working with advocates like the attorneys at Fong & Chun, LLP will ensure that you have a candid opinion before you make the decision to file an H-1B and how you can make a difference in your chances by simply being educated about the H-1B process.
Anyone wishing to file an H-1B case should call the attorneys at Fong & Chun, LLP for a free consultation and realistic assessment of their case. ---ecf
More... (http://www.immigrationvisaattorneyblog.com/2009/11/h1b-quota-advanced-degree-cap.html)
The H-1B quota is slowing reaching its limit. The so-called advanced degree cap is now full and approximately 53,800 cases have been counted against the 65,000 allocated to the regular cap. USCIS has advised that those wishing to be counted against this year's cap should submit their applications as soon as possible.
A lot has been said about how much longer the H-1B quota has lasted this year. There's a been a lot of speculation about the reasons why the quota is still open. It's pretty obvious that the economic situation has led to a reduced number of filings, but less people talk about the other reason. USCIS is generally pretty skeptical about the H-1B program, believing that many candidates for H-1B are filing marginal cases. This has increased the number of requests for evidence that USCIS has issued this season as well.
While the open cap provides an opportunity for a late-season submission, H-1B applicants and their employers should be well aware of the scrutiny they may have to endure. Working with advocates like the attorneys at Fong & Chun, LLP will ensure that you have a candid opinion before you make the decision to file an H-1B and how you can make a difference in your chances by simply being educated about the H-1B process.
Anyone wishing to file an H-1B case should call the attorneys at Fong & Chun, LLP for a free consultation and realistic assessment of their case. ---ecf
More... (http://www.immigrationvisaattorneyblog.com/2009/11/h1b-quota-advanced-degree-cap.html)
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Blog Feeds
06-02 10:40 AM
VIA Department of State (http://www.state.gov/r/pa/prs/ps/2011/05/164025.htm)
Media NoteOffice of the Spokesman
Washington, DC
May 20, 2011
[Also available in Persian (http://iipdigital.usembassy.gov/st/persian/texttrans/2011/05/20110520163510x0.3954693.html)]
As of May 20, 2011, qualified Iranian applicants for visas in the F, J, and M categories for non-sensitive, non-technical fields of study and research and their dependents will be eligible to receive two-year, multiple-entry visas. This is an increase in the current visa validity of three months, single entry.
This change will allow Iranian students and exchange visitors to travel more easily, furthering our goal of promoting the free flow of information and ideas. This important decision is being taken as the global community witnesses the Iranian Government�s increasing censorship and isolation of its own people.
Iranians currently in the United States on a three-month, single-entry visa in one of these categories must reapply outside the United States at a consular post in order to obtain two-year, multiple-entry visas. Keep in mind that the validity of a visa refers to the time period the visa holder has to enter the U.S. It has no bearing on the length of stay permitted by U.S. Customs and Border Protection officials at the port of entry. Iranian students and exchange visitors in good standing in the United States do not need to apply for a new visa until after they depart the United States.
PRN: 2011/807
More... (http://ashwinsharma.com/2011/06/01/changes-to-visa-validity-for-iranian-student-applicants-in-f-j-and-m-visa-categories.aspx?ref=rss)
Media NoteOffice of the Spokesman
Washington, DC
May 20, 2011
[Also available in Persian (http://iipdigital.usembassy.gov/st/persian/texttrans/2011/05/20110520163510x0.3954693.html)]
As of May 20, 2011, qualified Iranian applicants for visas in the F, J, and M categories for non-sensitive, non-technical fields of study and research and their dependents will be eligible to receive two-year, multiple-entry visas. This is an increase in the current visa validity of three months, single entry.
This change will allow Iranian students and exchange visitors to travel more easily, furthering our goal of promoting the free flow of information and ideas. This important decision is being taken as the global community witnesses the Iranian Government�s increasing censorship and isolation of its own people.
Iranians currently in the United States on a three-month, single-entry visa in one of these categories must reapply outside the United States at a consular post in order to obtain two-year, multiple-entry visas. Keep in mind that the validity of a visa refers to the time period the visa holder has to enter the U.S. It has no bearing on the length of stay permitted by U.S. Customs and Border Protection officials at the port of entry. Iranian students and exchange visitors in good standing in the United States do not need to apply for a new visa until after they depart the United States.
PRN: 2011/807
More... (http://ashwinsharma.com/2011/06/01/changes-to-visa-validity-for-iranian-student-applicants-in-f-j-and-m-visa-categories.aspx?ref=rss)
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lfwf
12-10 11:51 PM
i would start by calling....
InTheMoment
12-07 11:42 PM
Sit back and enjoy man...
When you give your FP had nothing to do with the date your NC is initiated (done a couple of weeks after ND)
I am not sure what is the process after fingerprinting. Can someone please clarify?
I believe NameCheck must have been initiated. As far as processing 485 is concerned, does the PD have to be current?
I am trying to figure out what is the tentative schedule for the "magical" GC to appear in my mailbox :) ?
I would appreciate any pointers / links
When you give your FP had nothing to do with the date your NC is initiated (done a couple of weeks after ND)
I am not sure what is the process after fingerprinting. Can someone please clarify?
I believe NameCheck must have been initiated. As far as processing 485 is concerned, does the PD have to be current?
I am trying to figure out what is the tentative schedule for the "magical" GC to appear in my mailbox :) ?
I would appreciate any pointers / links
vts31
10-20 04:46 PM
i did it with paper a while ago.
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