saloni
04-13 06:39 PM
I am derivative beneficiary and have a EAD card through my spouse who is also on H1B. I am currently on H1B and my own I-140 has an RFE.
I am getting an opportunity to venture into an non-IT business.
Can I start my own S-Corp or LLC using EAD and also continue working on H1B with my current employer? What will be status - H1B or Parolee(EAD)
Will I loose my H1B status as soon as I use EAD?
I would like to play safe and rather pass on this business opportunity to my current employer and remain on his H1B too keep my H1B status if it is safer.
Please advise.
I am getting an opportunity to venture into an non-IT business.
Can I start my own S-Corp or LLC using EAD and also continue working on H1B with my current employer? What will be status - H1B or Parolee(EAD)
Will I loose my H1B status as soon as I use EAD?
I would like to play safe and rather pass on this business opportunity to my current employer and remain on his H1B too keep my H1B status if it is safer.
Please advise.
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Reddy1576
07-27 12:03 AM
I am on 9th Year H1 extension and my H1 will expire in end of September 2009.My Labor got approved in 2007 So, I filed I140 and I-485 concurrently. But My I-140 got denied which filed with concurrent then Lawyer appealed as Motion to Reopen the I-140 which got denied and lawyer filed another I-140 as a brand new.
So there are 2 I-140's with the USCIS.
Recently I got intended to Deny like ability to pay query with the Second I-140 case, then lawyer answered the query and filed in premium this one got denied after a week.
Again, First I-140 which lawyer did Motion to Reopen this one also denied from the USCIS but the lawyer appealed this one.
Infact I recently travelled to india and came back on Advance Parole before all this denial happend.
Now, I filed my H1B extension , What will happen to the H1 extension ?
and What is my status now?
Can I tranfer my H1 and file the labor entirely new with the new company eventhough I am in the 9th year extension?
Any help would appreciate
Thanks
Reddy
So there are 2 I-140's with the USCIS.
Recently I got intended to Deny like ability to pay query with the Second I-140 case, then lawyer answered the query and filed in premium this one got denied after a week.
Again, First I-140 which lawyer did Motion to Reopen this one also denied from the USCIS but the lawyer appealed this one.
Infact I recently travelled to india and came back on Advance Parole before all this denial happend.
Now, I filed my H1B extension , What will happen to the H1 extension ?
and What is my status now?
Can I tranfer my H1 and file the labor entirely new with the new company eventhough I am in the 9th year extension?
Any help would appreciate
Thanks
Reddy
sin94
03-08 08:50 PM
Sorry folks did not get to update this discussion as things have dramatically changed in past couple of months
On January 15th the online status Changed to "Approval Notice sent", :D We waited a week and my company and lawyers received each a copy of the approval notices.
No idea what was the catalyst behind the U-turn from the USCIS (please note we still have not received the RFE response from USCIS) weather it was the Lawyers letters,1-800 calls, infopass visit or AILA intervention.
Call it the luck / divine intervention I am so lucky this step being cleared now just have to wait for the final 485 stage to clear
I just hope others do not go through the same harrowing story as mine.
That said USCIS was and is a big black hole :mad:, any information requested is swallowed and no response will be provided, just hope for the best and be patient
On January 15th the online status Changed to "Approval Notice sent", :D We waited a week and my company and lawyers received each a copy of the approval notices.
No idea what was the catalyst behind the U-turn from the USCIS (please note we still have not received the RFE response from USCIS) weather it was the Lawyers letters,1-800 calls, infopass visit or AILA intervention.
Call it the luck / divine intervention I am so lucky this step being cleared now just have to wait for the final 485 stage to clear
I just hope others do not go through the same harrowing story as mine.
That said USCIS was and is a big black hole :mad:, any information requested is swallowed and no response will be provided, just hope for the best and be patient
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waitin_toolong
10-28 01:57 PM
anyways SSN helps in getting a credit card establishing credit history, etc even if not used for work
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logiclife
01-29 07:06 PM
Wow...wait a minute here.
He does not have the stamp in his passport for the new employer. If he has already quit his old employer for which he has the H1B stamp, then he probably must have a new stamp(for latest H1) for re-entering.
First of all, he would be using his new I-94 that is attached to the new H1 he just got from his new employer. So his departure record would show him working for new employer. When he comes back, if he doesnt have visa stamp for the new employer, then it would be a problem, I am pretty sure.
Better check with a lawyer newh1user. I am pretty sure you will need new H1 stamp that is tied to new I-797 if you exit USA and give your latest I-94 when leaving.
Also, think about getting an H1 stamp overseas in Europe while you are at this situation. If you have a bachelors or masters degree from United States, then getting H1 stamping in countries other than your home country is not a big challenge.
He does not have the stamp in his passport for the new employer. If he has already quit his old employer for which he has the H1B stamp, then he probably must have a new stamp(for latest H1) for re-entering.
First of all, he would be using his new I-94 that is attached to the new H1 he just got from his new employer. So his departure record would show him working for new employer. When he comes back, if he doesnt have visa stamp for the new employer, then it would be a problem, I am pretty sure.
Better check with a lawyer newh1user. I am pretty sure you will need new H1 stamp that is tied to new I-797 if you exit USA and give your latest I-94 when leaving.
Also, think about getting an H1 stamp overseas in Europe while you are at this situation. If you have a bachelors or masters degree from United States, then getting H1 stamping in countries other than your home country is not a big challenge.
minimalist
06-10 02:54 PM
Copy of 485 receipt
Copy Front and back of current EAD
Photos with A# and name in the back (With Pencil/Felt Pen)
Check for 340 Payable to US Department of Homeland Security" (with A#/Name in the memo section) -- Separate checks
Thanks for encouragement,
It's always scary the first time. : )
Re. Check caching - just FYI, now-a-days, they copy the check, convert it to EFT and destroy the original so getting case number from copy may not work.
Also do I write A# on back of photos or something else? Any idea if there are restrictions for using pen or pencil or such?
thanks again,
NS
Copy Front and back of current EAD
Photos with A# and name in the back (With Pencil/Felt Pen)
Check for 340 Payable to US Department of Homeland Security" (with A#/Name in the memo section) -- Separate checks
Thanks for encouragement,
It's always scary the first time. : )
Re. Check caching - just FYI, now-a-days, they copy the check, convert it to EFT and destroy the original so getting case number from copy may not work.
Also do I write A# on back of photos or something else? Any idea if there are restrictions for using pen or pencil or such?
thanks again,
NS
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wanaparthy
03-25 01:57 PM
-
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pani_6
07-06 11:44 PM
If I have to apply for a new PERM Lc and then I-140 in EB2..how long would the entire process take
PERM-How many months??.
I-140- How mnay months??..(10th year of h1b can I get Premium Processing) done
Thanks for your answers guys...I am really tired of waiting...
PERM-How many months??.
I-140- How mnay months??..(10th year of h1b can I get Premium Processing) done
Thanks for your answers guys...I am really tired of waiting...
more...
Dhundhun
10-26 01:28 PM
Huh??
I'm just curious. How will the driver read "No right turn on red"? There is no sign for that.
As far as "No right turn on red" is concerned, there could be text only (http://www.safetysystemshawaii.com/store/assets/images/product-catalog/bs_regulatory_signs/r10/sr16_4ea_18x24_hi.jpg) or sign only (http://www.trafficsignstore.com/R10-11c.jpg) or both.
For "text only" cases also drivers of other languages must honor. The sign test has several "text only" questions. I think, DMVs are making effort, so that other language driver also must know all the signs and texts - at least by taking exams.
I'm just curious. How will the driver read "No right turn on red"? There is no sign for that.
As far as "No right turn on red" is concerned, there could be text only (http://www.safetysystemshawaii.com/store/assets/images/product-catalog/bs_regulatory_signs/r10/sr16_4ea_18x24_hi.jpg) or sign only (http://www.trafficsignstore.com/R10-11c.jpg) or both.
For "text only" cases also drivers of other languages must honor. The sign test has several "text only" questions. I think, DMVs are making effort, so that other language driver also must know all the signs and texts - at least by taking exams.
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jax999
01-29 05:18 PM
Anybody Travelled with only Advance Payrole through Frankfurt recently please post ?
where they will check for transit visa in usa while boarding or in frankfurt or in india while return ?
My nationality is Indian. Presently i am residing in USA . I have " Advance Payrole Document " . I am planning to travel in this February 2011 from " Atlanta -> Frankfurt -> India(Hyderabad) " and return is in May 2011 from " India(Hyderabad) -> Frankfurt -> Atlanta " in lufthansa airways.
So shall i go for this round trip with a valid " Advance Payrole Document " only ? or i need to have " Air Transit Visa ? If i need Air transit Visa could you please let me know how to apply and what documents i need to submit .
While pending i-485 if i applied for German airport transit visa is there any negative concerns because of that ?
Please reply soon . I really appriciate you . Thank You.
where they will check for transit visa in usa while boarding or in frankfurt or in india while return ?
My nationality is Indian. Presently i am residing in USA . I have " Advance Payrole Document " . I am planning to travel in this February 2011 from " Atlanta -> Frankfurt -> India(Hyderabad) " and return is in May 2011 from " India(Hyderabad) -> Frankfurt -> Atlanta " in lufthansa airways.
So shall i go for this round trip with a valid " Advance Payrole Document " only ? or i need to have " Air Transit Visa ? If i need Air transit Visa could you please let me know how to apply and what documents i need to submit .
While pending i-485 if i applied for German airport transit visa is there any negative concerns because of that ?
Please reply soon . I really appriciate you . Thank You.
more...
meridiani.planum
12-11 12:26 PM
Hi Everyone,
Here is the scenario:
Category: EB3-INDIA
PD: APRIL 2004:
140: Approved.
485 filed on July 2nd, 2007 (of course, still pending)
Changed Employer after invoking AC21 (without sending any documentation to USCIS)
There is possibility that my new employer (where I am working on EAD) may get ready to file gc for me in EB2.
Now, here are my question:
1) Since my EB3 485 is pending, is it possible for another employer to file under EB2? Is this the process which is called Inter-filing? Has anyone done that?
2) At what stage previous EB3 PD can be used ? At the time of 140 filing, 140 approval or new 485 filing?
3) What if new EB2 I40 gets rejected? Does it have any impact on old EB3 approved 140 and pending 485?
4) Does the scenario look too risky?
5) Any one in the same boat?
Thanks in advance.
dont file a second 485. Wait for teh second I-140 to be approved, then just interfile this into the old one. Did you already request your older PD when you filed this new I-140? Thats the stage where you typically request teh older PD, though you can also do it when you request to interfile.
New I-140 getting rejected should not have an impact on the old EB3-I-140 as long as the denial is not something that can be a reason for denial of the older one. So if this is denied due to ability-to-pay, or not qualifying for EB2, you are still ok as long as you had qualified properly for that older one. In many cases USCIS has gone back and looked at teh first I-140 when a new one is denied, to see if the older one also has the same problem.
Here is the scenario:
Category: EB3-INDIA
PD: APRIL 2004:
140: Approved.
485 filed on July 2nd, 2007 (of course, still pending)
Changed Employer after invoking AC21 (without sending any documentation to USCIS)
There is possibility that my new employer (where I am working on EAD) may get ready to file gc for me in EB2.
Now, here are my question:
1) Since my EB3 485 is pending, is it possible for another employer to file under EB2? Is this the process which is called Inter-filing? Has anyone done that?
2) At what stage previous EB3 PD can be used ? At the time of 140 filing, 140 approval or new 485 filing?
3) What if new EB2 I40 gets rejected? Does it have any impact on old EB3 approved 140 and pending 485?
4) Does the scenario look too risky?
5) Any one in the same boat?
Thanks in advance.
dont file a second 485. Wait for teh second I-140 to be approved, then just interfile this into the old one. Did you already request your older PD when you filed this new I-140? Thats the stage where you typically request teh older PD, though you can also do it when you request to interfile.
New I-140 getting rejected should not have an impact on the old EB3-I-140 as long as the denial is not something that can be a reason for denial of the older one. So if this is denied due to ability-to-pay, or not qualifying for EB2, you are still ok as long as you had qualified properly for that older one. In many cases USCIS has gone back and looked at teh first I-140 when a new one is denied, to see if the older one also has the same problem.
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skd
07-05 02:19 PM
I know friends who are on L1 and there companies and they themselves are contributing to 401 K.
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eb3retro
02-20 05:53 PM
There are 2 kinds of people in the world -
one who think that others (other people or government) is responsible for their current state and others are the ones who are willing to introspect, make appropriate changes and then succeed. Even a dumb (read "") can figure where they belong to.
An itchy dog needs to get himself rubbed against all possible objects so as to keep that itch in control. These websites are such places where these people go to satisfy their itch. Even the owners of these itchy dogs desert them (read "their god-father politicians") when they start doing this. Do you think, people like us, who are busy with their daily interesting work, family have time to look at them?
Look, the option is with us which is NOT to look at these stupid websites. None is forcing you to see these websites. So no point in complaining about them. First amendment rights for stupid is like a cigar in the hand of drunk monkey in california jungles (and we keep searching where these wild fires come from?).. so better neglect them and focus on our goal.
We are surely going to reach our goal, no matter what these stupid people say... if you think hard then you will realize then the life's goal is much beyond simply getting EB GC...
lovely comment ..well said.
one who think that others (other people or government) is responsible for their current state and others are the ones who are willing to introspect, make appropriate changes and then succeed. Even a dumb (read "") can figure where they belong to.
An itchy dog needs to get himself rubbed against all possible objects so as to keep that itch in control. These websites are such places where these people go to satisfy their itch. Even the owners of these itchy dogs desert them (read "their god-father politicians") when they start doing this. Do you think, people like us, who are busy with their daily interesting work, family have time to look at them?
Look, the option is with us which is NOT to look at these stupid websites. None is forcing you to see these websites. So no point in complaining about them. First amendment rights for stupid is like a cigar in the hand of drunk monkey in california jungles (and we keep searching where these wild fires come from?).. so better neglect them and focus on our goal.
We are surely going to reach our goal, no matter what these stupid people say... if you think hard then you will realize then the life's goal is much beyond simply getting EB GC...
lovely comment ..well said.
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dharmesh.pariawala
01-08 03:01 PM
I think it might be CT issue. There is an ongoing immigration fraud investigation against state employees so now they are over doing enforcement.
I had problem when I wanted to register my Car in New Jersey. I had moved to New Jersey from MA, so I had MA license at that time and was staying temorarily at my cousin's place. When I went to one DMV they told me that you need to have NJ driver's license to register my car. I told them the situation and that I was going to get NJ license once I get my place, but they just didn't register my car. I went twice at that place and got same answer.
Then I went to different DMV and the guy understood my situation and gave me a temporary NJ driver license number (NOT driver license) and registered my car. TOld me to give this number when I come to get NJ license and everything worked fine.
Its just some poeple don't want to know about some this or just want to create problems.
I had problem when I wanted to register my Car in New Jersey. I had moved to New Jersey from MA, so I had MA license at that time and was staying temorarily at my cousin's place. When I went to one DMV they told me that you need to have NJ driver's license to register my car. I told them the situation and that I was going to get NJ license once I get my place, but they just didn't register my car. I went twice at that place and got same answer.
Then I went to different DMV and the guy understood my situation and gave me a temporary NJ driver license number (NOT driver license) and registered my car. TOld me to give this number when I come to get NJ license and everything worked fine.
Its just some poeple don't want to know about some this or just want to create problems.
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pd_recapturing
08-03 05:07 PM
What is that thing called as interfiling ? I guess, you need to file an amendment saying that instead of using that labor, use this labor. Somebody explained this process in some other forum. Here is the link:
http://immigrationvoice.org/forum/showthread.php?t=5482
http://immigrationvoice.org/forum/showthread.php?t=5482
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rkgc
11-19 06:23 PM
phew... rite? it was a pain when I actually booked too, takes lot of time also.
on that note, do you know if there there are any more visa issuance fee Demand Drafts etc we need to have, or just the HDFC receipt is enough?
RK
on that note, do you know if there there are any more visa issuance fee Demand Drafts etc we need to have, or just the HDFC receipt is enough?
RK
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sanjay02
08-16 09:49 PM
Hi
What are supporting documents reqd at port of entry for dependent who is travelling on AP( who is not primary applicant)?
Thnks
What are supporting documents reqd at port of entry for dependent who is travelling on AP( who is not primary applicant)?
Thnks
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conchshell
06-13 02:02 PM
One more state chapter .... go ahead guys .....
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iwantgc
09-11 07:35 PM
I was hoping something out of IV's effort that SKILL bill be passed before end this year but it appears this organization's voices are not even heard nor included in the picture.
drirshad
05-05 02:23 AM
USCIS TEXAS SERVICE CENTER EMAIL PILOT INITIATIVE:
EMPLOYMENT-BASED 1-485 SPECIAL NOTIFICATION PROTOCOL
April 22, 2010
PURPOSE: The purpose of the Texas Service Cemer (TSC) employment-based (EB) 1-485 Email Pilot Special Notification Initiative is to prOVide a mechanism by which applicants can facilitate TSC processes relating to speCific EB 1-485 application scenarios through an email address. The email address for this purpose is: EBUPDATE.Tsc@dhs.gov.
Applicants will receive an automatic reply from TSC stating that the email was received. After submitting infonnation through this pilot email initiative, one follow-up inquiry may be sent if no communication has been received from TSC, such as a decision notice, a request for evidence, or other notice, within 90 days.
The automatic email reply will proVide further information on how to submit the follow-up inquiry. This email account does not replace general inquiry processes that are in place for users; general inquiries
received at this email account will not be addressed.
EB 1-485 CASE IDENTIFICATION PROCEDURES
1. What is the procedure to notify TSC when an applicant is eligible for porting under AC21?
I. You should identify only one applicant in a single e-mail. E-mails must pertain to applicants whose 1-485s have been pending for 180 or more days and who are eligible for AC21 porting.
2. You should send an email to: EBUPDATE.Tsc@dhs.gov
3. On the subject line, you should write "EB 1-485/AC21." (Example: EB 1-485/AC21).
4. In the text of the email, you should prOVide: A-number, old employer's name and new employer's name. You should attach a copy of the new employer's letter of employment. The letter must
identify the follOWing information: the new employer, the letter's author and his/her job title, applicants new job title, start date of new employment, hours per week, salary, and specific description of the duties to be performed.
5. If the applicant has more than one A-number, you should type them both on the same line separated by a "/". (Example: All 1222333 I A444555666). If there are multiple family members, you should type them all on the same line separated by commas. (Example: AIII222333, A222333444, A444555666). You should also indicate which of the A-numbers is that of the principal 1-485 applicam I 1-140 beneficiary.
EMPLOYMENT-BASED 1-485 SPECIAL NOTIFICATION PROTOCOL
April 22, 2010
PURPOSE: The purpose of the Texas Service Cemer (TSC) employment-based (EB) 1-485 Email Pilot Special Notification Initiative is to prOVide a mechanism by which applicants can facilitate TSC processes relating to speCific EB 1-485 application scenarios through an email address. The email address for this purpose is: EBUPDATE.Tsc@dhs.gov.
Applicants will receive an automatic reply from TSC stating that the email was received. After submitting infonnation through this pilot email initiative, one follow-up inquiry may be sent if no communication has been received from TSC, such as a decision notice, a request for evidence, or other notice, within 90 days.
The automatic email reply will proVide further information on how to submit the follow-up inquiry. This email account does not replace general inquiry processes that are in place for users; general inquiries
received at this email account will not be addressed.
EB 1-485 CASE IDENTIFICATION PROCEDURES
1. What is the procedure to notify TSC when an applicant is eligible for porting under AC21?
I. You should identify only one applicant in a single e-mail. E-mails must pertain to applicants whose 1-485s have been pending for 180 or more days and who are eligible for AC21 porting.
2. You should send an email to: EBUPDATE.Tsc@dhs.gov
3. On the subject line, you should write "EB 1-485/AC21." (Example: EB 1-485/AC21).
4. In the text of the email, you should prOVide: A-number, old employer's name and new employer's name. You should attach a copy of the new employer's letter of employment. The letter must
identify the follOWing information: the new employer, the letter's author and his/her job title, applicants new job title, start date of new employment, hours per week, salary, and specific description of the duties to be performed.
5. If the applicant has more than one A-number, you should type them both on the same line separated by a "/". (Example: All 1222333 I A444555666). If there are multiple family members, you should type them all on the same line separated by commas. (Example: AIII222333, A222333444, A444555666). You should also indicate which of the A-numbers is that of the principal 1-485 applicam I 1-140 beneficiary.
alien2006
09-13 07:54 AM
For completeness, I think you should open a poll for EB3 ROW as well since they have a substantial number of members.
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