a_yaja
12-29 11:49 AM
so you can setup your own LLC. start hiring people?
You can start LLC and hire people to work for that company. But if you try to apply for H1B for any of the employees, you should be prepared to:
1. Show business case that the H1B is for permanent employment (at the minimum for the time-period you seek H1B validity)
2. Show that you have the ability to pay the H1B worker atleast the minimum prevailing wage
If the company is new (less than 2 yrs old), it might be difficult to show that you can pay the minimum prevailing wages, unless you have cash reserves to show that you can pay atleast 6 months salary for all employees.
I wanted to go down the same route - asking a friend (American Citizen) to setup a LLC and hire me on a part-time H1 so that I could do contracting work - but I talked to an attorney first - and he advised me against it and pointed out (1) and (2) above.
Bottom line - I have to wait till I can file for 485 to do any kind of part time contract work :(
You can start LLC and hire people to work for that company. But if you try to apply for H1B for any of the employees, you should be prepared to:
1. Show business case that the H1B is for permanent employment (at the minimum for the time-period you seek H1B validity)
2. Show that you have the ability to pay the H1B worker atleast the minimum prevailing wage
If the company is new (less than 2 yrs old), it might be difficult to show that you can pay the minimum prevailing wages, unless you have cash reserves to show that you can pay atleast 6 months salary for all employees.
I wanted to go down the same route - asking a friend (American Citizen) to setup a LLC and hire me on a part-time H1 so that I could do contracting work - but I talked to an attorney first - and he advised me against it and pointed out (1) and (2) above.
Bottom line - I have to wait till I can file for 485 to do any kind of part time contract work :(
irock
07-27 12:15 AM
if you qualified and filed for 485 depending on your PD, you most probably will get only 1 year extension. I just filed mine May 29th for 3 years and filed my 485 June 8th but when approved I got my H1 extension approved only for 1 year. I may be wrong, just referencing what my lawyer said..
Before they used to approve one or three years based on either Receive Date or
approval date (random) of your H1 extension application.
But in the latest FAQ http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf (question 17),
they announced that if your PD is not current at the time of your *date of filing/received date*, they will give
you three years extension.
I applied my extension on July 9th thinking that my PD is not current based on July 2nd VB. :(
Now it seems I get only one year extension.
Before they used to approve one or three years based on either Receive Date or
approval date (random) of your H1 extension application.
But in the latest FAQ http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf (question 17),
they announced that if your PD is not current at the time of your *date of filing/received date*, they will give
you three years extension.
I applied my extension on July 9th thinking that my PD is not current based on July 2nd VB. :(
Now it seems I get only one year extension.
I_need_GC
10-15 09:56 AM
Clif is right I used EAD to work part time while still maintaining my H1B and full time job. During this time I traveled numerous times outside US. The IO never asked where or how many jobs I had. Before using EAD to work part time I confirmed this with my attorney and he said the same thing as clif. So its safe to work part time on EAD as long as you maintain your full time job.
There is nothing illegal about working part-time using EAD while working full-time on H1B. It has nothing to do with last entry into US. In fact, EAD has nothing to do with entering US. To enter US, you need either a valid visa or valid AP. IO won't even ask you about your EAD.
EAD and H1B are mutually exclusive. If you are maintaining proper H1 status (ie, have a valid H1 status and working full-time for the job for which you have H1), it is completely legal to do flip burgers or drive cabs using EAD to supplement your income. It does not affect H1 status. I have confirmed this with multiple attorneys on multiple occasions.
There is nothing illegal about working part-time using EAD while working full-time on H1B. It has nothing to do with last entry into US. In fact, EAD has nothing to do with entering US. To enter US, you need either a valid visa or valid AP. IO won't even ask you about your EAD.
EAD and H1B are mutually exclusive. If you are maintaining proper H1 status (ie, have a valid H1 status and working full-time for the job for which you have H1), it is completely legal to do flip burgers or drive cabs using EAD to supplement your income. It does not affect H1 status. I have confirmed this with multiple attorneys on multiple occasions.
gc2
09-17 10:19 AM
Hi,
I am in a different predicament. 1st H term finishes 30-sep-2007. Company A sponsored my H and i have been with them ever since. They sponsored GC. I-140 approved, 485 filed on july 2nd, recd EAD card, AP approved, FP done.
Company A is losing business and is not in a position to pay for H renewal. I have offer from Company B and they are doing H transfer.
Question
1. Can i switch to EAD with Company A and keep H with Company B untill Jan 2, 2008 when i am safe to use AC 21.
2. Do i have to make sure that company A renews my H. In a dire circumstance i can buy my H renewal.
Any help is greatly appreciated as am 2 weeks away from expiring H.
Thanks
I am in a different predicament. 1st H term finishes 30-sep-2007. Company A sponsored my H and i have been with them ever since. They sponsored GC. I-140 approved, 485 filed on july 2nd, recd EAD card, AP approved, FP done.
Company A is losing business and is not in a position to pay for H renewal. I have offer from Company B and they are doing H transfer.
Question
1. Can i switch to EAD with Company A and keep H with Company B untill Jan 2, 2008 when i am safe to use AC 21.
2. Do i have to make sure that company A renews my H. In a dire circumstance i can buy my H renewal.
Any help is greatly appreciated as am 2 weeks away from expiring H.
Thanks
more...
monkeyman
10-19 09:07 AM
Q : What if I need advance parole? NEW
We anticipate completing the receipting of the I-131 documents by the end of October 2007. Due to the heavy volume of cases, we are encouraging customers to wait until the end of October before inquiring about their case. If special circumstances exist and advance parole is needed quickly, please make an InfoPass appointment to visit your local USCIS office or call the National Customer Service Center (NCSC) at 1-800-375-5283. When you visit the local district office, be prepared to explain the need for urgent travel, provide the U.S. Postal Service tracking number associated with the original application filed, and the date the application was received at the Service Center where you filed.
We anticipate completing the receipting of the I-131 documents by the end of October 2007. Due to the heavy volume of cases, we are encouraging customers to wait until the end of October before inquiring about their case. If special circumstances exist and advance parole is needed quickly, please make an InfoPass appointment to visit your local USCIS office or call the National Customer Service Center (NCSC) at 1-800-375-5283. When you visit the local district office, be prepared to explain the need for urgent travel, provide the U.S. Postal Service tracking number associated with the original application filed, and the date the application was received at the Service Center where you filed.
wandmaker
12-31 12:30 PM
hi All,
i'm new to this forum.please advice on my situation.
I was on F1 earlier and now I am on H1b from jan 2007.
I am the first person for whom company filed H1B and got approved.
I am the only person on my companies payroll and only person on their H1B. Is that going to be a probelm if i go for H1B stamping to mexico?
If i go for stamping to mexico, What sort of questions i will be asked?
Please help me ...
Thanks
It is very risk to go for stamping, any consular post with only one person working for the company. If you wait for an year or so, company should be able to back you up with enough financial paper work your stamping. Additionally, you will also have documents to prove continuous employment (pay stubs, w2 and tax returns). Also PIMS verification has begun at all consular posts, resulting at lease 4-7 business days of delay in visa issuance. If I were you, I would wait for a while and create enough documentation for successful stamping. My 2 cents - decision is your personal choice.
i'm new to this forum.please advice on my situation.
I was on F1 earlier and now I am on H1b from jan 2007.
I am the first person for whom company filed H1B and got approved.
I am the only person on my companies payroll and only person on their H1B. Is that going to be a probelm if i go for H1B stamping to mexico?
If i go for stamping to mexico, What sort of questions i will be asked?
Please help me ...
Thanks
It is very risk to go for stamping, any consular post with only one person working for the company. If you wait for an year or so, company should be able to back you up with enough financial paper work your stamping. Additionally, you will also have documents to prove continuous employment (pay stubs, w2 and tax returns). Also PIMS verification has begun at all consular posts, resulting at lease 4-7 business days of delay in visa issuance. If I were you, I would wait for a while and create enough documentation for successful stamping. My 2 cents - decision is your personal choice.
more...
ihateh1
02-25 04:21 PM
Since your wife has a valid H4 she dosent need to get the stamping if the H4 is filed through your employer. couple of my friends have the same situation. one of them moved to H4 and her employer told if anybody asks then she can say she never joined the company...another friend of mine is running payroll for his wife by paying money from his own pocket...
YesWeWillGet
09-09 06:42 AM
One of my friend was successful porting his May 2004 priority dated EB3 to EB2. The entire porting process took three months for him to obtain Perm based LC and I-140 approvals.
more...
Libra
09-15 08:32 PM
All east coast people should not miss this opportunity, this is the only chance to get things straight. com on guys, if you can't take one day off, no one will give you GC in years. when people are coming from wahsington, why can't you? change your mind, you have other four days to make up your hours at work
wandmaker
08-17 09:09 AM
Hi,
I am currently holding L1 and B1 visa from a company A. Now some company B has applied for my H1 Visa. If I get H1b visa, does both L1 and B1 get cancelled.
Thanks.
Your L1 will be CWPed for sure. I went for H1B stamping multiple times, my B1 was not CWPed
I am currently holding L1 and B1 visa from a company A. Now some company B has applied for my H1 Visa. If I get H1b visa, does both L1 and B1 get cancelled.
Thanks.
Your L1 will be CWPed for sure. I went for H1B stamping multiple times, my B1 was not CWPed
more...
485InDreams
03-20 03:51 PM
How many of you support this idea ?
Rally in DC in the morning and Fasting till 5PM in front of the capitol.
Why you wanna get arrested :D
Rally in DC in the morning and Fasting till 5PM in front of the capitol.
Why you wanna get arrested :D
seahawks
07-27 03:16 PM
The receipts will be generated not by Priority Date but by Physically received date. This was obvious right from beginning, but some questions were raised on this forum.
Even though this is how they have documented it, in many of our cases, the packet was received for or signed for at least 1 week before the receive date. When I received the notice, my receive date was June 14th, my notice date was June 16th, but the Fedex reached and accepted date was June 8th:) I guess since there is a back log, may be they started stamping the packets received date and then entering them as the receive date due to back logs on receipting itself. Thats my thought.
Even though this is how they have documented it, in many of our cases, the packet was received for or signed for at least 1 week before the receive date. When I received the notice, my receive date was June 14th, my notice date was June 16th, but the Fedex reached and accepted date was June 8th:) I guess since there is a back log, may be they started stamping the packets received date and then entering them as the receive date due to back logs on receipting itself. Thats my thought.
more...
hiralal
12-28 05:42 PM
I have a valid H-1B valid till 18th feb 2011 for employment with my previous employer. I had changed employment and now have I797C for the new employer valid till Nov 2011. I plan to go to India and be back in 1 week, my employer would issue me a leave approval letter. My present employer is a big hospital-non profit and I am a health professional.
Can some one tell if would need to get a new visa stamped if I come back by 15th January 2011. What documents should I carry. Should I talk to a lawyer before I leave. My mom is stable now but I am afraid If dont go now, I might not be able to gor a long time as I dont want to get re-stamping done.
Please advice
Just GO ....and stay for a longer time (atleast a month !!!)...r u a doctor or a nurse ..either way you are in a profession which will always be in demand
Can some one tell if would need to get a new visa stamped if I come back by 15th January 2011. What documents should I carry. Should I talk to a lawyer before I leave. My mom is stable now but I am afraid If dont go now, I might not be able to gor a long time as I dont want to get re-stamping done.
Please advice
Just GO ....and stay for a longer time (atleast a month !!!)...r u a doctor or a nurse ..either way you are in a profession which will always be in demand
gcwait2007
12-17 08:17 PM
My situation is I got LAID off.
I had to change employment.
So,
Should I file Ac-21 ?
Buddy,
I am sorry to note that you got laid off.
JunRN's posts are crystal clear. I am surprised that you are still asking the question.
Now answer to your question: YES, You have to file AC21.
I had to change employment.
So,
Should I file Ac-21 ?
Buddy,
I am sorry to note that you got laid off.
JunRN's posts are crystal clear. I am surprised that you are still asking the question.
Now answer to your question: YES, You have to file AC21.
more...
alterego
05-28 09:49 AM
As a quadruple renewer, let me share with you that the date on the EAD is from the point at which it is approved. You lose some time each year. Between myself and my wife we have had 8 and it has been the same each time.
singhv_1980
02-01 01:14 AM
On reading a bit about PIMS, it seems that if your information is not in the KCC, then the US consulate sends a request to Kentucky for information. It turns out KCC has access to the CLAIMS3 system used by the USCIS, and they generally respond in 48 hrs. Here is the link:
http://srwlawyers.com/Resources/ImmigrationNews/tabid/91/Default.aspx
Scroll down to Dec 12.
They claim 48 hrs but on an average it is taking about 2 weeks to hear back from KCC. There are couple of parallel threads going on reg that.
http://srwlawyers.com/Resources/ImmigrationNews/tabid/91/Default.aspx
Scroll down to Dec 12.
They claim 48 hrs but on an average it is taking about 2 weeks to hear back from KCC. There are couple of parallel threads going on reg that.
more...
msekhargc
06-21 11:41 AM
Thanks for your response
As per my employer adv :
Required degree : Masters degree in Engineering or related field (no experience)
The education evaluation was done from ITES inc., I have got this for applying H1B in Apr 2005, which includes my prior experience. We have used the same education evaluation for I-140 in Aug'07. Since the experience was combined in my education evaluation, CIS is now asking for a new evaluation based solely on education.
As per my employer adv :
Required degree : Masters degree in Engineering or related field (no experience)
The education evaluation was done from ITES inc., I have got this for applying H1B in Apr 2005, which includes my prior experience. We have used the same education evaluation for I-140 in Aug'07. Since the experience was combined in my education evaluation, CIS is now asking for a new evaluation based solely on education.
Templarian
07-20 10:04 PM
saxx it has no chance to beat flash. Its good in that it uses a very solid language backing. Its just not even remotely comparable to flash atm (its like flash 8 tbh if they were to be compared).
I have a good feeling once its further in development and MS has integrated all of DX10/DX11 support we will be seeing a lot more of it (probably because of a windows update).
Till then its just something to mess around with. Think of it more as a JAVA in your browser... everyone eventually will have it... but very few will use it.
I have a good feeling once its further in development and MS has integrated all of DX10/DX11 support we will be seeing a lot more of it (probably because of a windows update).
Till then its just something to mess around with. Think of it more as a JAVA in your browser... everyone eventually will have it... but very few will use it.
ilikekilo
05-04 03:46 PM
i know FRA is abig airport hwoever I think 2 hrs is fine..
martinvisalaw
02-23 06:04 PM
YHowever, you will need to join company B at some point in time. This is what my company B told me. I believe it is once you file your 485 but I am not sure.
You need to intend to work for the sponsoring employer once permanent residence is approved.
You need to intend to work for the sponsoring employer once permanent residence is approved.
karthic
12-19 08:26 AM
Hi a_yaja,
Thanks for you reply. Sorry i didn't post the entire paragraph from the memo. I have attached the USCIS Memo with this post. You can see the following paragraph on the page 17 of the Memo
My Inference from Memo:
When a cap-exempt employee files for concurrent application with cap subjected employer then the employee will be counted against the cap only if he stops the employment with cap-exempt employee. If the UCSIS finds that employee have not ceased from cap-exempt employer then UCSIS won't consider the petition against cap. In other words the concurrent petition will be approved but still the employee won't be counted toward cap.
Please let me know if i am wrong. Thanks
Below is the paragraph from the attached Memo
Requests for Changes in Employment or Concurrent Employment Requests
for Certain Cap-Exempt Aliens.
Any alien who ceases to be employed by an employer described in
paragraph (5)(A) shall, if employed as a nonimmigrant alien described in
section 1101(a)(15)(H)(i)(b) of this title, who has not previously been counted
toward the numerical limitations contained in paragraph (1)(A), be counted
toward those limitations the first time the alien is employed by an employer
other than one described in paragraph (5). (Emphasis added.)
Documentary evidence, such as a current letter of employment or a recent pay
stub, should be provided in support of such a concurrent employment petition at
the time that it is filed with USCIS in order to confirm that the H-1B alien
beneficiary is still employed in a cap-exempt position.
At the time of filing of a concurrent employment H-1B petition that is subject to
the numerical limitation of 214(g)(1)(a):
� If the H-1B alien beneficiary has not �ceased� to be employed in a cap-
exempt position pursuant to INA �� 214(g)(5)(A) and (B), then he or she will
not be counted towards the cap.
If the H-1B alien beneficiary has �ceased� to be employed in a cap-exempt
position, then the alien will be subject to the H-1B numerical limitation, and
the concurrent employment petition may not be approved unless a cap
number is available to the alien beneficiary.
If USCIS determines that an H-1B alien beneficiary has ceased to be
employed in a cap-exempt position after a new cap-subject H-1B petition has
been approved on his or her behalf, USCIS will deny any subsequent cap-
subject H-1B petition filed on behalf of the H-1B alien beneficiary if no cap
numbers are available.
Thanks for you reply. Sorry i didn't post the entire paragraph from the memo. I have attached the USCIS Memo with this post. You can see the following paragraph on the page 17 of the Memo
My Inference from Memo:
When a cap-exempt employee files for concurrent application with cap subjected employer then the employee will be counted against the cap only if he stops the employment with cap-exempt employee. If the UCSIS finds that employee have not ceased from cap-exempt employer then UCSIS won't consider the petition against cap. In other words the concurrent petition will be approved but still the employee won't be counted toward cap.
Please let me know if i am wrong. Thanks
Below is the paragraph from the attached Memo
Requests for Changes in Employment or Concurrent Employment Requests
for Certain Cap-Exempt Aliens.
Any alien who ceases to be employed by an employer described in
paragraph (5)(A) shall, if employed as a nonimmigrant alien described in
section 1101(a)(15)(H)(i)(b) of this title, who has not previously been counted
toward the numerical limitations contained in paragraph (1)(A), be counted
toward those limitations the first time the alien is employed by an employer
other than one described in paragraph (5). (Emphasis added.)
Documentary evidence, such as a current letter of employment or a recent pay
stub, should be provided in support of such a concurrent employment petition at
the time that it is filed with USCIS in order to confirm that the H-1B alien
beneficiary is still employed in a cap-exempt position.
At the time of filing of a concurrent employment H-1B petition that is subject to
the numerical limitation of 214(g)(1)(a):
� If the H-1B alien beneficiary has not �ceased� to be employed in a cap-
exempt position pursuant to INA �� 214(g)(5)(A) and (B), then he or she will
not be counted towards the cap.
If the H-1B alien beneficiary has �ceased� to be employed in a cap-exempt
position, then the alien will be subject to the H-1B numerical limitation, and
the concurrent employment petition may not be approved unless a cap
number is available to the alien beneficiary.
If USCIS determines that an H-1B alien beneficiary has ceased to be
employed in a cap-exempt position after a new cap-subject H-1B petition has
been approved on his or her behalf, USCIS will deny any subsequent cap-
subject H-1B petition filed on behalf of the H-1B alien beneficiary if no cap
numbers are available.
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