navyug
06-26 04:58 PM
This is not correct.
Managing the business comes under employment authorization whether or not salary is drawn by the owner.
_________________
Not a legal advice.
You can own shares of a company and be paid dividend too when you are on H-1B. Getting paid dividend does not mean the dividend paying company has to also sponsor your H-1B. In the same way she is just holding shares (may be 100%) in the company. As long as she is not being paid salary she is fine. She can work pro-bono during this period. You do not need EAD to be a owner (or share holder) of any company. She needs EAD if and only to be paid salary from this company. EAD is "Employment Authorization Doc". Even a student can own shares of a company. Please understand/analyze the situation before commenting.....
Managing the business comes under employment authorization whether or not salary is drawn by the owner.
_________________
Not a legal advice.
You can own shares of a company and be paid dividend too when you are on H-1B. Getting paid dividend does not mean the dividend paying company has to also sponsor your H-1B. In the same way she is just holding shares (may be 100%) in the company. As long as she is not being paid salary she is fine. She can work pro-bono during this period. You do not need EAD to be a owner (or share holder) of any company. She needs EAD if and only to be paid salary from this company. EAD is "Employment Authorization Doc". Even a student can own shares of a company. Please understand/analyze the situation before commenting.....
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gc_dream07
03-30 10:39 PM
Enjoy the freedom.
Good Luck with next endeavor (citizenship I guess!!:))
Good Luck with next endeavor (citizenship I guess!!:))
puskeygadha
07-08 02:47 PM
is this becuase of arranged marriage? immigrants like us have to
go back home find girl quickly and get married..its just like
similar way we get screwed in the hopes of green card..
i believe arranged marriage can be hard but we can grow together
given time and patience
go back home find girl quickly and get married..its just like
similar way we get screwed in the hopes of green card..
i believe arranged marriage can be hard but we can grow together
given time and patience
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chanduv23
09-16 02:43 PM
I dont like selfish, coward, lazy people be my friends. Who can't stand up for thier families what can they for me.........
Yes - true - well said.
Libra will consider only unselfish brave folks :)
If you are already married, check with your wife asn ask her - does she like cowards and selfish people?
Yes - true - well said.
Libra will consider only unselfish brave folks :)
If you are already married, check with your wife asn ask her - does she like cowards and selfish people?
more...
partha_vus
06-15 10:31 PM
Hi Gurus,
I am filing 485 soon. But l have ported my priority date to latest I140. I am filing 485 based on the latest 140. My priority date is Jan 2001. I am filing my 485 will now, will uscis consider my priority date and process my case OR filing date which is june 20, 2007 and process accordingly. i.e some body filed on May 30, 2007 with PD Jun 2003 will consider for processing first? rather than my case?
thanks,
:confused:
I am filing 485 soon. But l have ported my priority date to latest I140. I am filing 485 based on the latest 140. My priority date is Jan 2001. I am filing my 485 will now, will uscis consider my priority date and process my case OR filing date which is june 20, 2007 and process accordingly. i.e some body filed on May 30, 2007 with PD Jun 2003 will consider for processing first? rather than my case?
thanks,
:confused:
vinoddas
07-29 08:57 PM
I have a unique problem with possibly getting a green card too early. Please let me know how I can make this situation better. My priority date in EB2 India is in Jan 2006, which means potentially I could get my green card in 2-3 months.
I plan to get engaged in December 2008 and married in December 2009 to an Indian born Australian citizen. As far as I can see, her chargeability would be from India.
What are my options to make my life easier and to be able to successfully bring my future wife to the US the easiest possible way. So far, I have 2 options:
1. Use the special E3 work visa for Australian citizens.
2. If I dont get my GC within the next few months, do an early court marriage and invoke the following-to-join spouse when she is ready to come to the US.
I plan to get engaged in December 2008 and married in December 2009 to an Indian born Australian citizen. As far as I can see, her chargeability would be from India.
What are my options to make my life easier and to be able to successfully bring my future wife to the US the easiest possible way. So far, I have 2 options:
1. Use the special E3 work visa for Australian citizens.
2. If I dont get my GC within the next few months, do an early court marriage and invoke the following-to-join spouse when she is ready to come to the US.
more...
rinkurazdan
05-31 11:17 AM
Keep the cash rolling...for that will only save us from the gross injustice.
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pappu
10-19 02:31 PM
When did this happen? Why wasn't such a major policy change communicated on the Home Page?!
Is "Bill Pay" option ever going be re-instated?!!
This is only temporary. We will accept the checks after some time and will update the page.
Is "Bill Pay" option ever going be re-instated?!!
This is only temporary. We will accept the checks after some time and will update the page.
more...
Honda
09-05 03:59 PM
You need to wait another 5 years to get your GC. That's my prediction.
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chanduv23
10-09 05:40 PM
I am in.
Welcome Amma :), please help "needhelp" - she is really in need of help :)
Welcome Amma :), please help "needhelp" - she is really in need of help :)
more...
s416504
02-03 10:04 AM
I asked same question to my lawyer 2 days ago & he said "YES". One can request to consider for multiple categories by reapplying I140 again. Lates USCIS's Q&A confirms that...
Q #3. What if the petitioner wants to request consideration of multiple visa categories on behalf of an alien beneficiary? [Answer Finalized on 06/30/09]
A. If you want to classify the alien beneficiary under multiple visa preference categories, file a separate Form I-140 petition, with the required fee and supporting documentation for each requested visa category.
As far as your labor qualifies for EB2, you are OK.
USCIS - Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Worker (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=cfe8745543256210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
I have a labor approved for the requirement:
"Must have BS in CS, EE or related field w/5 years of related experience"
EB3 I-140 was approved in 2008. Can I re-apply for EB2 I-140 using the same labor?
Please note I have BS in CS and had more than 5 yrs of expereince before joining my current employer. I have not changed my employer - EB3 is also from the same employer.
Q #3. What if the petitioner wants to request consideration of multiple visa categories on behalf of an alien beneficiary? [Answer Finalized on 06/30/09]
A. If you want to classify the alien beneficiary under multiple visa preference categories, file a separate Form I-140 petition, with the required fee and supporting documentation for each requested visa category.
As far as your labor qualifies for EB2, you are OK.
USCIS - Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Worker (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=cfe8745543256210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
I have a labor approved for the requirement:
"Must have BS in CS, EE or related field w/5 years of related experience"
EB3 I-140 was approved in 2008. Can I re-apply for EB2 I-140 using the same labor?
Please note I have BS in CS and had more than 5 yrs of expereince before joining my current employer. I have not changed my employer - EB3 is also from the same employer.
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ksairi
08-16 04:32 PM
Please?
more...
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mzafar125
08-19 12:40 AM
Folks,
I am a July filer, I called USCIS last week and they stated that they need a new set of biometrics. I had initially given my biometrics after I filed my AOS last year in July 2007. According to what I have read USCIS should be able to retrieve my biometrics from their Biometric storage system. Should I call USCIS and argue with them which may be futile. Or should I just bite the bullet and await the new biometric appointment. I would appreciate any input.
PD: 10/2002
I-140 - Approved Jan 2007
Category - EB3, ROW
I am a July filer, I called USCIS last week and they stated that they need a new set of biometrics. I had initially given my biometrics after I filed my AOS last year in July 2007. According to what I have read USCIS should be able to retrieve my biometrics from their Biometric storage system. Should I call USCIS and argue with them which may be futile. Or should I just bite the bullet and await the new biometric appointment. I would appreciate any input.
PD: 10/2002
I-140 - Approved Jan 2007
Category - EB3, ROW
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days_go_by
09-12 06:49 PM
Any advise about Unpaid vacation period in usa for h1b's and staying in usa.
What is the legal vacation period in usa for h1b's? And how long it could be!!!
few weeks or few months???
Thanks...
-----------
I am not very sure about this, but I would assume if you are not working and not getting paid, you are out of status.
You have to be on a payroll to maintain your status.
What is the legal vacation period in usa for h1b's? And how long it could be!!!
few weeks or few months???
Thanks...
-----------
I am not very sure about this, but I would assume if you are not working and not getting paid, you are out of status.
You have to be on a payroll to maintain your status.
more...
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v2neha
04-07 05:50 PM
When we applied for B2 extension for my parents-in-laws (for their second visit - not the first one), we did not have a decision until few days before expiry of their original I-94. I called the USCIS (it was INS or CIS at that time) and the customer rep told me that while a visa extension application is pending, their stay is authorized by the attorney general and their presence in the USA is not unlawful. If the application was denied, they would need to leave USA immediately to avoid accruing unlawful presence. The extension got approved eventually and they left the country before expiry of new I-94. Since then, they visited us three more times and we extended their stay one more time.
However, please note that we had a very compelling reason, my son, their grandson was in critical condition undergoing a complex surgery both times their extensions were requested.
However, please note that we had a very compelling reason, my son, their grandson was in critical condition undergoing a complex surgery both times their extensions were requested.
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aj1234567
11-21 05:52 PM
hi-
What will happen if 140 still penidng agter passed 6months 485 recipt date,can i cahnge the jobs in this situtation also
Thanks
Aj
What will happen if 140 still penidng agter passed 6months 485 recipt date,can i cahnge the jobs in this situtation also
Thanks
Aj
more...
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jonty_11
03-02 02:25 PM
Exception 4 - have a question around this statement: For German transit VISA
- are holding a valid visa or other residence permit for the USA (this includes advance paroles, but not approval notices), Canada or Switzerland and travel to the country which issued that visa or residence permit
do not need transit VISA.
Does that mean if you are travelling from India to US (with valid US Visitor VISA) u need a transit VISA.
Above exception seem to appy only if u are travelling to country that issued u the VISA (india), but in this case we are travelling from that Country to US.
- are holding a valid visa or other residence permit for the USA (this includes advance paroles, but not approval notices), Canada or Switzerland and travel to the country which issued that visa or residence permit
do not need transit VISA.
Does that mean if you are travelling from India to US (with valid US Visitor VISA) u need a transit VISA.
Above exception seem to appy only if u are travelling to country that issued u the VISA (india), but in this case we are travelling from that Country to US.
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dingudi
10-25 09:33 PM
But has this happened to anyone where first online status says card ordered and then it reverts back to previous status of received and pending application. And this is only for my spouse.
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raysaikat
10-09 07:49 PM
...
He can stay here upto his i-94 legally...
This is unlikely to be true. The dependent's VISA status is connected to the primary's VISA status. When the poster leaves for India permanently, by which I assume that she quits her job in US, she stops maintaining H1-B status, which means her dependent's H-4 status becomes void.
So basically her husband cannot legally stay in US in his current status if the OP leaves.
He can stay here upto his i-94 legally...
This is unlikely to be true. The dependent's VISA status is connected to the primary's VISA status. When the poster leaves for India permanently, by which I assume that she quits her job in US, she stops maintaining H1-B status, which means her dependent's H-4 status becomes void.
So basically her husband cannot legally stay in US in his current status if the OP leaves.
Hermione
09-25 12:52 PM
EAD is one of the documents that is listed in I-9 as the document that confirms both identity and right to work. You spouse can apply for SSN as soon as she has her EAD in hand. S/he may start working before SSN is issued if she applied for the SSN.
jasmin45
10-03 02:24 PM
Greetings,
Here’s what I got from my attorney on Monday, October 1st 07. It seems there was a conference call of some sort with USCIS officials past week. Thought this will just keep you informed if you haven’t heard about this yet. Please check with your attorney for confirmation.
Below is the summary FYI only.
1. Expect further retrogressions on the visa bulletins
2. USCIS received approximately 800,000 total applications in July and August in addition, they received 100,000 family based I-485 cases in July
3. Do not expect premium processing to be re-instated for I-140s for a while
4. There is a big problem with the receipt notice updates that are being published by USCIS—they are not accurate and they are further behind than they are publishing. Aytes is trying to fix this discrepancy.
5. If you submitted photos with the EAD applications, then Aytes said you will get your EAD faster than those who did not
6. Expect changes in regulations to permit H and L people to travel without the I-485 receipt notice due to the major backlog in receipting
7. Aytes said they are trying to set it up that next year the EAD and Advance Paroles will be issued for more than a one year expiration and that there may possibly be one document issued for both the EAD and APs. More on this will come by the end of the year.
8. Backlog Elimination Centers (BEC) should be up to date in one month
9. Since the BEC will be updated, Carlson said to expect an increase in audits for the PERM cases at the end of this year and next year----make sure ALL of the recruitment requirements are being met; no fraud involved; employees not being required to pay or pay back labor expenses; employees not involved in the recruitment, etc.
10. 20% of PERM cases are being denied
11. Atlanta’s motions for reconsiderations should be processed faster soon
12. New PERM form on March 28, 2008
13. Carlson stated that the DOL’s position on attorney fees are the foreign national can have an attorney represent him/her for letters of support, previous job descriptions etc. to prepare for the upcoming I-140 stage and ensure that he fits the already prepared job offer requirements, but ALL fees and costs associated with the PERM filing (job offer requirements, advertising, recruitment, preparing the form, filing the form, motions, etc) MUST be paid by the company. FAQ’s are on the DOL website.
14. Work site enforcement----expect CIS officers to request to see I-9s---Make sure the I-9s are being properly completed by the employers.
15. I-9 raids are a hot topic!!!! For example, the city Reno (NV) saw several McDonald restaurants raided on Thursday—this is expected to happen all over the USA and with all types of employers. PLEASE make sure you have the I-9s in a separate place and handy in case of a raid. If I-9s are with other paperwork, then the raiding officer will review it all!
16. WATCH OUT FOR DUIs---in both nonimmigrant and immigrant cases!!! Delays are occurring in these cases.
17. The US consulates and CBP are Googling you!
Here’s what I got from my attorney on Monday, October 1st 07. It seems there was a conference call of some sort with USCIS officials past week. Thought this will just keep you informed if you haven’t heard about this yet. Please check with your attorney for confirmation.
Below is the summary FYI only.
1. Expect further retrogressions on the visa bulletins
2. USCIS received approximately 800,000 total applications in July and August in addition, they received 100,000 family based I-485 cases in July
3. Do not expect premium processing to be re-instated for I-140s for a while
4. There is a big problem with the receipt notice updates that are being published by USCIS—they are not accurate and they are further behind than they are publishing. Aytes is trying to fix this discrepancy.
5. If you submitted photos with the EAD applications, then Aytes said you will get your EAD faster than those who did not
6. Expect changes in regulations to permit H and L people to travel without the I-485 receipt notice due to the major backlog in receipting
7. Aytes said they are trying to set it up that next year the EAD and Advance Paroles will be issued for more than a one year expiration and that there may possibly be one document issued for both the EAD and APs. More on this will come by the end of the year.
8. Backlog Elimination Centers (BEC) should be up to date in one month
9. Since the BEC will be updated, Carlson said to expect an increase in audits for the PERM cases at the end of this year and next year----make sure ALL of the recruitment requirements are being met; no fraud involved; employees not being required to pay or pay back labor expenses; employees not involved in the recruitment, etc.
10. 20% of PERM cases are being denied
11. Atlanta’s motions for reconsiderations should be processed faster soon
12. New PERM form on March 28, 2008
13. Carlson stated that the DOL’s position on attorney fees are the foreign national can have an attorney represent him/her for letters of support, previous job descriptions etc. to prepare for the upcoming I-140 stage and ensure that he fits the already prepared job offer requirements, but ALL fees and costs associated with the PERM filing (job offer requirements, advertising, recruitment, preparing the form, filing the form, motions, etc) MUST be paid by the company. FAQ’s are on the DOL website.
14. Work site enforcement----expect CIS officers to request to see I-9s---Make sure the I-9s are being properly completed by the employers.
15. I-9 raids are a hot topic!!!! For example, the city Reno (NV) saw several McDonald restaurants raided on Thursday—this is expected to happen all over the USA and with all types of employers. PLEASE make sure you have the I-9s in a separate place and handy in case of a raid. If I-9s are with other paperwork, then the raiding officer will review it all!
16. WATCH OUT FOR DUIs---in both nonimmigrant and immigrant cases!!! Delays are occurring in these cases.
17. The US consulates and CBP are Googling you!
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