bank_king2003
04-23 06:32 PM
I have an h1b and EAD. i am employee of company A. currently i am working for a client(a startup company) in project through company A.. now this client wants to give me some equity(shares) of his company. i will keep on working as company A's consultant with this client.
my question is can i take the equity(shares) of my client. ofcourse he is not paying me anything, my paycheck still comes from company A as i am there h1b employee.
just wanted to make sure taking equity wont hurt my h1b ??
Any Advice ??
Thanks...
my question is can i take the equity(shares) of my client. ofcourse he is not paying me anything, my paycheck still comes from company A as i am there h1b employee.
just wanted to make sure taking equity wont hurt my h1b ??
Any Advice ??
Thanks...
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Maqrkk
03-04 05:23 AM
Wow, nice!
Saralayar
07-26 01:57 PM
Takes some time for RFE to come to the lawyer around 2 weeks or so.RFE might be on photographs or colour visa copy so chill.
Why do you need color visa copy?. Is it mandetory for AP? News for me.:confused:
Why do you need color visa copy?. Is it mandetory for AP? News for me.:confused:
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aranya
06-02 05:11 PM
AFAIK
One may enjoy only one status (either H4 or H1) at any point of time. So if your wife is on H4 there is no "still valid H1". That said,
1] The COS from H4 to H1 will not be counted against the annual cap in this case - see Dec 2005 (or 2006) memo.
2] I am not sure what your trying to ask but COS from H4 to H1 will not be counted against for next year's annual cap.
3] See Processing Center dates
One may enjoy only one status (either H4 or H1) at any point of time. So if your wife is on H4 there is no "still valid H1". That said,
1] The COS from H4 to H1 will not be counted against the annual cap in this case - see Dec 2005 (or 2006) memo.
2] I am not sure what your trying to ask but COS from H4 to H1 will not be counted against for next year's annual cap.
3] See Processing Center dates
more...
ravageguy1
05-13 07:47 PM
Hi ,
I am in strange situation. I am in 7th year of H1B and I have applied for H1B extension which was expiring on April 4th through my company on Feb 14th through normal processing. I have the LIN number from receipt notice. I was never able to check the status online as the LIN number was not found and when attorney called USCIS regarding this on March 23rd, We were told that the information will be updated to see the status online. Our attorney did not follow up with USCIS since then. Our attorney followed up again just today and found that an RFE was sent on March 25th which was never received by attorney. Currently we do not know what exactly is requested in the RFE or dead line for the response. RFE was requested again today from USCIS and was told that will be received in around 30 days. Do you think new dead line will be given for the RFE as the initial deadline might have passed for the initial RFE. I am not sure what to do at this point if I am in status or not. Please provide your advise as to what I should be doing? Appreciate your advises.
Thanks for your help.
Raj
I am in strange situation. I am in 7th year of H1B and I have applied for H1B extension which was expiring on April 4th through my company on Feb 14th through normal processing. I have the LIN number from receipt notice. I was never able to check the status online as the LIN number was not found and when attorney called USCIS regarding this on March 23rd, We were told that the information will be updated to see the status online. Our attorney did not follow up with USCIS since then. Our attorney followed up again just today and found that an RFE was sent on March 25th which was never received by attorney. Currently we do not know what exactly is requested in the RFE or dead line for the response. RFE was requested again today from USCIS and was told that will be received in around 30 days. Do you think new dead line will be given for the RFE as the initial deadline might have passed for the initial RFE. I am not sure what to do at this point if I am in status or not. Please provide your advise as to what I should be doing? Appreciate your advises.
Thanks for your help.
Raj
pappu
07-24 04:38 PM
Wait until 180 days. Check the archives for answer before starting new threads. Pls try to have a more descriptive title to threads.
more...
eyeswe
05-15 09:05 AM
Dear Sir/Madam,
I am probably a unique case. I have a H1B that expires in Sep 2009. I work for a strategy consulting firm and as such advise clients on business/Ops strategy. Therfore most of the time I am on a client site. Recently, I moved my residence outside the US to UK. Given the nature of my work, I am able to commute to US every week to my client offices and then return to UK by end of the week. I sometimes have to go to European destinations and so UK actually helps.All through this I am with the same company on their US payroll (have US pay stubs, leters etc to prove). When I am in US, I stay at one of the hotels.
My question to you is, from a H1B standpoint, do I need to do anything different, especially given I am up for an extension later this year. I have an I 140 approved which will be the basis of a potential 3 yr extension.
Also note, that I get a new I 94 every week at the Port of Entry from the IO, so I have to believe that my case gets reviewed due to this unique situation
Appreciate this offer of yours to help me.
Regards
Eyeswe
I am probably a unique case. I have a H1B that expires in Sep 2009. I work for a strategy consulting firm and as such advise clients on business/Ops strategy. Therfore most of the time I am on a client site. Recently, I moved my residence outside the US to UK. Given the nature of my work, I am able to commute to US every week to my client offices and then return to UK by end of the week. I sometimes have to go to European destinations and so UK actually helps.All through this I am with the same company on their US payroll (have US pay stubs, leters etc to prove). When I am in US, I stay at one of the hotels.
My question to you is, from a H1B standpoint, do I need to do anything different, especially given I am up for an extension later this year. I have an I 140 approved which will be the basis of a potential 3 yr extension.
Also note, that I get a new I 94 every week at the Port of Entry from the IO, so I have to believe that my case gets reviewed due to this unique situation
Appreciate this offer of yours to help me.
Regards
Eyeswe
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cool_desi_gc
06-25 07:00 AM
I got FP notice inside 2 weeks of submitting my EAD application. I am in TSC. Again FP depends on when you last Finger prints. I dont everyone 'HAS' to get FP.
more...
eb3_nepa
02-06 12:03 PM
Excellent words Ragz,
However i have found that motivating Desis is like milking a male buffalo (no offence to our fellow desis helping out on Immigration Voice.
There is just too much inertia, plain negativity, fear of being prosecuted etc. Besides WAYYY too many ppl like to sit on the fence and wait it out, see which way things swing and then take action at the last minute.
Also this might be a good time to mention community support. The Illegals, to the best of my knowledge get a good amt of community support. To the extent that even amnesty bills are introduced. Try getting the Local Indian communities to help. Most will give u long talks and suggestions, but Few will open their wallets.
However i have found that motivating Desis is like milking a male buffalo (no offence to our fellow desis helping out on Immigration Voice.
There is just too much inertia, plain negativity, fear of being prosecuted etc. Besides WAYYY too many ppl like to sit on the fence and wait it out, see which way things swing and then take action at the last minute.
Also this might be a good time to mention community support. The Illegals, to the best of my knowledge get a good amt of community support. To the extent that even amnesty bills are introduced. Try getting the Local Indian communities to help. Most will give u long talks and suggestions, but Few will open their wallets.
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omahaguy
01-12 10:46 PM
I am planning to sponsor for my wife's grand mother visior visa.
She is widower and all her children in India.
Is it difficult to get visitor visa to her?
She is widower and all her children in India.
Is it difficult to get visitor visa to her?
more...
frostrated
08-30 10:15 AM
My date will be current from September 1st. Is it okay to travel to India on a short trip while the date is current? If 485 gets approved while I am india, can I still come back on advance parole?
You are safe. Just make sure that your AP is valid when you re-enter.
If you are approved while out of the country, take a print out of your approval email and show it to the Immigration officer.
You are safe. Just make sure that your AP is valid when you re-enter.
If you are approved while out of the country, take a print out of your approval email and show it to the Immigration officer.
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md2003
08-28 10:34 AM
I think doing a business on H1B is legal , But you are not supposed to work for the company.
more...
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eagle123
05-03 03:03 PM
Hi,
I am currently on my first OPT which expires in June second week. The company which I am working for is an everified company, hence I applied for my STEM extension last week(I did not get the receipt of confirmation/the new OPT STEM extension card till now). As the STEM extension rules say that we can work for a maximum of 180 days without getting out OPT card, I thought its fine and hence applied a little late.
The problem here is that my company is getting acquired by another company(this company is not e-verified, but they are planning to get everified, don't know when). It is still in the process of acquisition and the deal is expected to close by July. As this company is not everified(as of now) I cannot work for this company after my first opt expires, till it gets the everified status. As is a general phenomena that when a bigger company acquires another company, some cost cutting might happen.
I have a few questions.
1) Do you guys suggest applying for a H1B, with my current company (The problem is that even if my current company applies H1B, I cannot work for the new company as my H1 will be in processing and the new company is not everified, and I would be out of status. I cannot face this situation if the new company gets everified status before my first opt expires, but I am not sure if this is going to happen).
2)If I file my H1b and the new company decides to not take anyone from the previous company, then my opt would have been canceled as I have applied for H1, and I would not also get H1.
3)If I get my H1 approved before we get removed, I would have only 1 month(grace period between H1 jobs, I assume) to get a new job and transfer my H1.
4)Also I dont know if I apply for H1 during the time of acquisition, I am kinda confused what happens with the processing.
I am really sorry if there is a similar post, but I could not find any. Also I could jolt down only the above scenarios. Please help if there are any other scenarios I missed out.
Kindly Advice.
Thanks in advance.
I am currently on my first OPT which expires in June second week. The company which I am working for is an everified company, hence I applied for my STEM extension last week(I did not get the receipt of confirmation/the new OPT STEM extension card till now). As the STEM extension rules say that we can work for a maximum of 180 days without getting out OPT card, I thought its fine and hence applied a little late.
The problem here is that my company is getting acquired by another company(this company is not e-verified, but they are planning to get everified, don't know when). It is still in the process of acquisition and the deal is expected to close by July. As this company is not everified(as of now) I cannot work for this company after my first opt expires, till it gets the everified status. As is a general phenomena that when a bigger company acquires another company, some cost cutting might happen.
I have a few questions.
1) Do you guys suggest applying for a H1B, with my current company (The problem is that even if my current company applies H1B, I cannot work for the new company as my H1 will be in processing and the new company is not everified, and I would be out of status. I cannot face this situation if the new company gets everified status before my first opt expires, but I am not sure if this is going to happen).
2)If I file my H1b and the new company decides to not take anyone from the previous company, then my opt would have been canceled as I have applied for H1, and I would not also get H1.
3)If I get my H1 approved before we get removed, I would have only 1 month(grace period between H1 jobs, I assume) to get a new job and transfer my H1.
4)Also I dont know if I apply for H1 during the time of acquisition, I am kinda confused what happens with the processing.
I am really sorry if there is a similar post, but I could not find any. Also I could jolt down only the above scenarios. Please help if there are any other scenarios I missed out.
Kindly Advice.
Thanks in advance.
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waiting4gc02
02-20 07:42 AM
Guys:
I wanted to know that if somebody has currently an approved LC and I-140(EB-3) with Company A and decided to change jobs to Company B, who would now file under EB-2.
a) Can he hold on to his EB3 priority date..though the new petition would be filed under EB-2 ?
Yes, I know a lot of ppl have asked this question in the wake of the retrogession that we are all sufferning through ?
b) If this Company B were to file for H1-B , as I understand it would count towards the 2007-2008 quota which opens on April 1st '07...does this scenario also force you to not start working till Oct'07 (which is when ppl who file in the 2007-08 quota are supposed to start working).
What I am trying to understand is that in this scenario can you change jobs and start to work for Company B without having to wait till Oct'07 ?
Thanks
I wanted to know that if somebody has currently an approved LC and I-140(EB-3) with Company A and decided to change jobs to Company B, who would now file under EB-2.
a) Can he hold on to his EB3 priority date..though the new petition would be filed under EB-2 ?
Yes, I know a lot of ppl have asked this question in the wake of the retrogession that we are all sufferning through ?
b) If this Company B were to file for H1-B , as I understand it would count towards the 2007-2008 quota which opens on April 1st '07...does this scenario also force you to not start working till Oct'07 (which is when ppl who file in the 2007-08 quota are supposed to start working).
What I am trying to understand is that in this scenario can you change jobs and start to work for Company B without having to wait till Oct'07 ?
Thanks
more...
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guyfromsg
09-16 10:04 AM
This plea is for people who are still undecided about the rally and have lot of friends in the same situation. If there is a group of friends in the same situation it only takes one brave soul to make a decision and every one will jump in. We all seen this in trivial matters like going for vacation, movies etc..
I see the problem is in taking the first step and others will jump right in immediately. So if your friends look up for you to make the decision, please be a leader and do it now. You will not only make a difference in their life and their life as well.
Can you take that elusive first step?????. People in and around DC area it's only a day trip. Atlanta/NC/SC folks, not too late. Please PM either me or ramus.
I see the problem is in taking the first step and others will jump right in immediately. So if your friends look up for you to make the decision, please be a leader and do it now. You will not only make a difference in their life and their life as well.
Can you take that elusive first step?????. People in and around DC area it's only a day trip. Atlanta/NC/SC folks, not too late. Please PM either me or ramus.
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amolraj
09-20 12:19 AM
Hi,
I have changed my employer A last year and received new I-797. However, my employer A did not applied for my wife's extension in 2006.
Now i have changed my employer to B, one week before Employer B has applied for my I-129 and my wife's I-539 extension, which is in pending state now.
My I-94 has been already extended to Sept-2009 with employer A. However my wife's I-94 is going to expire on Oct 5 2007.
Que. My wife has to travel to India on 1st Oct 2007 (before her I-94 expiry date). Can she travel to India as her I-539 (extension to I-94) is in pending state.
Appreciate your replies. Thanks so much.
AmolRaj
I have changed my employer A last year and received new I-797. However, my employer A did not applied for my wife's extension in 2006.
Now i have changed my employer to B, one week before Employer B has applied for my I-129 and my wife's I-539 extension, which is in pending state now.
My I-94 has been already extended to Sept-2009 with employer A. However my wife's I-94 is going to expire on Oct 5 2007.
Que. My wife has to travel to India on 1st Oct 2007 (before her I-94 expiry date). Can she travel to India as her I-539 (extension to I-94) is in pending state.
Appreciate your replies. Thanks so much.
AmolRaj
more...
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sevenm
03-02 02:24 PM
Hi everyone,
Does anyone have experience with expedited H1-B filing? The one that you are supposed to receive the answer in 15 days. I am just wondering if it really works and if it is possible to hurt your petition by filing expedited?
Thanks a lot in advance.
Does anyone have experience with expedited H1-B filing? The one that you are supposed to receive the answer in 15 days. I am just wondering if it really works and if it is possible to hurt your petition by filing expedited?
Thanks a lot in advance.
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gc_chahiye
10-27 01:54 AM
I believe you have to be in the US when your 140 is applied. Same goes for 485. Check with your lawyer. Once 140 or 485 is applied, you can travel outside.
For 485 you do indeed need to be in the US (for yoiu adjust status, you need to be in some status in the US). However for I-140 you need not be in the US. Can you point to any law or any link on any forum that says you need to be present for filing the I-140?
The complete GC process can be done without ever entering the US (do LC, file I-140, then do Consular processing for the final stage)
For 485 you do indeed need to be in the US (for yoiu adjust status, you need to be in some status in the US). However for I-140 you need not be in the US. Can you point to any law or any link on any forum that says you need to be present for filing the I-140?
The complete GC process can be done without ever entering the US (do LC, file I-140, then do Consular processing for the final stage)
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immi2006
01-05 10:16 AM
Do u want to push this idea ?
sanju
03-24 12:11 PM
Its a good consolidated report, It clearly says system is broken and need a fix. Almost all the legislation listed at the end talk about either recapturing lost visas or increase the numerical limit.
Thanks
That is true. However, it is not difficult to figure out that Ruth is a supporter of legalization of the undocumented. That's why the only bills covered at the end of the report are all legalization bills. She seems to have "extensive" analysis on per-country limits on EB &FB, but doesn't have the ink to write 1 line about country limits on the undocumented. The report systematically and intentinally overlooks all other bills that are related to legal immigration only. Most of the time, its not what is written, but who wrote it and how the information is presented which matters.
.
Thanks
That is true. However, it is not difficult to figure out that Ruth is a supporter of legalization of the undocumented. That's why the only bills covered at the end of the report are all legalization bills. She seems to have "extensive" analysis on per-country limits on EB &FB, but doesn't have the ink to write 1 line about country limits on the undocumented. The report systematically and intentinally overlooks all other bills that are related to legal immigration only. Most of the time, its not what is written, but who wrote it and how the information is presented which matters.
.
Blog Feeds
05-05 06:50 AM
The Department of State (DOS) has issued a regulation that broadens the authority of consular officers to revoke a visa at any time subsequent to issuance of the visa, including when the individual is already in the U.S. Additionally, the regulation allows consular officers and designated officials within DOS to revoke a visa provisionally while considering a final visa revocation.
This rule is effective April 27, 2011. DOS did not issue the regulation through notice and comment rulemaking on the basis that it involves a foreign affairs function of the United States and, therefore, is exempt from those procedures.
Pursuant to section 221(i) of the Immigration and Nationality Act (INA), DOS may determine that a visa should be revoked when information reveals that the applicant was originally, or has since become, ineligible or may be ineligible to possess a U.S. visa. In testimony before Congress in 2004, DOS stated that it had revoked 1,250 visas since September 11, 2001, based on information suggesting possible terrorist activities or links. Congress and the Government Accountability Office (GAO) have put pressure on DOS and the Department of Homeland Security (DHS) to improve their policies regarding visa revocations.
If DOS revokes an individual�s visa, the information will be uploaded into the Consular Lookout and Support System (CLASS) database and the foreign national may not use the visa for travel to the U.S. Though DOS will seek to notify the traveler, the revocation is effective irrespective of whether the foreign traveler knows about the revocation.
Separately, the INA allows the government to remove (i.e. deport) an individual whose nonimmigrant visa has been revoked under section 221(i). There is no judicial review of the decision to revoke the visa, but there is judicial review in the context of a removal proceeding if the visa revocation is the sole basis for removal.
Expect more denials at the port of entry to the US by individuals not aware that their visa has been revoked. I understand the need for more security but this may not be the way to go.
More... (http://www.visalawyerblog.com/2011/05/visa_denials_regulation_expand.html)
This rule is effective April 27, 2011. DOS did not issue the regulation through notice and comment rulemaking on the basis that it involves a foreign affairs function of the United States and, therefore, is exempt from those procedures.
Pursuant to section 221(i) of the Immigration and Nationality Act (INA), DOS may determine that a visa should be revoked when information reveals that the applicant was originally, or has since become, ineligible or may be ineligible to possess a U.S. visa. In testimony before Congress in 2004, DOS stated that it had revoked 1,250 visas since September 11, 2001, based on information suggesting possible terrorist activities or links. Congress and the Government Accountability Office (GAO) have put pressure on DOS and the Department of Homeland Security (DHS) to improve their policies regarding visa revocations.
If DOS revokes an individual�s visa, the information will be uploaded into the Consular Lookout and Support System (CLASS) database and the foreign national may not use the visa for travel to the U.S. Though DOS will seek to notify the traveler, the revocation is effective irrespective of whether the foreign traveler knows about the revocation.
Separately, the INA allows the government to remove (i.e. deport) an individual whose nonimmigrant visa has been revoked under section 221(i). There is no judicial review of the decision to revoke the visa, but there is judicial review in the context of a removal proceeding if the visa revocation is the sole basis for removal.
Expect more denials at the port of entry to the US by individuals not aware that their visa has been revoked. I understand the need for more security but this may not be the way to go.
More... (http://www.visalawyerblog.com/2011/05/visa_denials_regulation_expand.html)
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