Here are some experiences with regards to my entire track from NIW I-140 petition to I-485 approval. I had somewhat of an unique case, so if anyone here is in the same boat, this may be of help to you. I have done the entire process by myself, without an attorney, and long hours of research in the law library on U.S.C. Section 8.
Arrived to US in 1991 on J-1, not subject to section 212e, changed to F-1 on arrival. Became an H-1 in 2001 and filed for NIW in March of 2002, case was backlogged due to 9-11.
Based on the advice of some of the members at immigrationportal and being an eternal optimist, I went to Vermont Service center on Aug 23rd taking a dayoff. The lady in the counter told me that my file is in queue for FP scheduling. I told her that I got the same reply even two months back when I made senatorial enquiry.
I am currently on H-1. I have a series of questions for you. This topic should be of interest to many people in the community. Could you please address these:
1. Can I start my own business while on H-1?
2. Can I be employed in my own business on my company's H-1?
3. Does it help to have partners from USA?
4. Can I get green card through a company I own?
5. What if my business is in Europe, but I work on it from USA? Is that legal?
6. Can I start business when I get my EAD on 485?
USCIS estimates that as as of 9 April 2012, approximately 25,600 H-B cases had been receipted. Out of these petitions, 17,400 are for bachelor's degree and 8,200 for for people with advanced degrees. These numbers are considerable hire than the last year's at this time.
USCIS has indicated that 22,323 cap-subject H-1B petitions had been received as of April 4, 2012. Approximately one quarter (1/4) of these cases are for advanced degrees. According to USCIS, the number of filings received is almost double the number of filings received by USCIS during the same time last year. It would appear that H-1B numbers are likely to get exhausted a lot earlier than last year.
Today I had my interview conducted, and passport stamped as the final result. I finally can draw a closure for this 27-month-long journey. Honestly and surprisingly, I was extremely calm when I arrived USCIS office 4 am today. I was reading one of my favorite authors' (Ann Quindlen) bestseller " One True Thing" while I was waiting in the waiting room so concentratedly that when my name was called, I realized that my eyes were full of tears (yeah, the story's very touching and real. ) Anyway, here's my detail report to all of you who are still waiting: