As I have used my CPT for more than 1 year at the same master level and already completed OPT for the 1st master and currently working on CPT for almost 2 years. As per Aug 8th, 2018 Memorandum Am I violating the rules and will start counting Unlawful presence from FEB 5th 2019? Or Unlawful Presence should be count from 6 months from FEB 5th 2019 which is AUG 5th 2019? If this is true then what are my options here?
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
I saw your video on doing business on H1b and understood most of the things such as applying concurrent H1b if I want to be actively involved in the business. I have 3 questions related to the topic. I will open an LLC or any other type of entity that my CPA will suggest but
1- I plan to start with a simple e-commerce business (selling online on a website and other platforms such as Amazon). How tricky is it to get approved for a Concurrent H1b for managing this type of business? I work in IT but I do have MBA and MS degrees from USA. I will be managing both the Technical and Management side.
2- I remember that Concurrent H1b will have to abide by all rules of H1b. Will this means that I have to have start-up capital of more than yearly prevailing wage of CEO in the bank to qualify? I plan to start with 10-20K.
3- Will this Concurrent H1b will be cap-exempt or I have to go through the lottery for this?
I think the problem here is I don't think we can prove that your job requires the Bachelors Degree, so unless the job requires the Bachelors Degree in a specific subject, we cannot get an H-1B for that job. There is no start up capital requirement for an H-1B. Directly there is no such thing, but of course indirectly the government can say that we want to be assured of the veracity of the company we want to know that you have enough money or start up money to secure the job. They usually don't ask.
Concurrent H-1B is cap exempt. It is not subject to the cap. If your main H-1B is already capped you have gone through the quota once concurrent H-1B will not be under the cap. The difficulty I see is that your job is not specialty occupation. Other than that, I think it can be done.
Got GC in 18months (RIR Labor application to 485 approval). Rajiv Khanna (RK) helped me out of a mess that I thought was impossible to solve. He helped out an unknown emailer, spent hours analyzing the situation over the phone and devised a game-plan. Guess what, without signing a retainer or expecting compensation. I still remember when I called other “big lawyer” for help, first thing her office wanted was my credit card.
Story began in summer of 2003. When I found out that my earlier lawyer had screwed up the whole 140/485 application and was eventually denied, loss of 4years of waiting. I then emailed RK for help. He patiently heard the story and advised that I should redo the whole application from point A. Even though dread of going through whole labor application all over again was overwhelming, RK was absolutely correct that earlier labor was approved under incorrect language, mistakes many inexperienced lawyers make.
Best thing is that he sticks by the books, remains honest about the situation and never promises miracles. Apart from RK’s excellent competency and vast experience, he has excellent well-trained support team. That really makes a huge difference because game-plan is one thing, while organizational support & efficient execution is other.