Published by : The Economic Times - Date: September 22, 2020
U.S. Citizenship and Immigration Services announced a temporary final rule to help prevent the spread of the coronavirus (COVID-19) by using government-contracted telephonic interpreters for affirmative asylum interviews at no cost to the applicant.
Is there any legal issues with starting a LLC for a software product on H1B based on below scenarios.
Scenario 1: Start a LLC in partnership with a US Citizen. For example say I would be 90 % stockholder and the other person would be 10 %. My partner would run the company and do all the work that is needed to sell the software product. I would be a passive owner and not involved in any active duties.
Scenario 2: Start a LLC as 100 percent stockholder and employ a GC holder or US Citizen as a manager to run the company. I would be a passive owner and the manager would do all the active duties. Is there any restrictions around how much salary i should pay the manager of my company? How about if i offer him/her 10 % of the stocks as a compensation instead of salary or offer him/her commission based salary?
Watch the Video on this FAQ: Owning or doing business on H-1B
Video Transcript
1. I do not see any problem with that.
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.
Currently, I am On My H1B, filled H1 extension on time, before I -94 expiry, ( Perm, I-140 Approved ). When H1 extension pending in normal process can I apply for a change of status to F1 by using the H1 receipt number? While I am on F1 if my Priority date is current, can I Adjust my status / file (i-485) when I am on an F1 visa? Will it be an issue If I am F1 visa to Adjust my status if priority date is current?
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 am planning to switch from Employer A to B. Can you please help clearing some confusion i have.
Moving from Employer A to Employer B with I-140 approved.
1: If Employer A revokes I-140 and Employer B files a new petition I can retain the priority date. Does Employer A have to revoke I-140 or if he can continue it even if I am not working there?<br>
2: If Employer A doesn’t revoke the I-140 and Employer B files a new Labor and I-140 petition and retains the PD of previous I-140, would the previous I-140 be valid anymore?<br>
3: If Employer B files a brand new PERM and I-140 with new PD (2020) and Employer A I-140 is valid with the old PD. What happens if the old PD becomes current. Do I need to go back to old employer A or Employer B can file I-485 with the old I-140 PD.<br>
4: Is there a one year max limit rule on filing the I-485 once the date becomes current? What if it cannot be filed, does that void approved I-140?
FAQ: Issues in changing employers after I-140 approval
Video Transcript
1. Absolutely.
2. Absolutely. The I-140 priority date gets attached to you. Therefore, wherever you go, that's where the priority date goes.
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.
Published by : Track.in - Date: September 04, 2020
Quotes and Excerpts from Rajiv on the article:
FAQs: H-1B portability without a visa stamp || Unemployment benefits while on B-2 || Owning or doing business on H-1B || Unstamped H-1B quota exemption || Change of status on an H-1B approved for consular processing || Changing status during a pending application - authorized period of stay.
OTHER: Visas for Canadian permanent residents || J-1 waiver for multiple DS 2019 || Name discrepancy || Union membership for nonimmigrants or immigrants || Pandemic Unemployment Assistance, etc.
Recently, we worked with Mr. Rajiv for three different employment immigration cases. I could not describe here how well he and his team handled all cases. They are extremely professional and we organized, very responsive. Even with his busy schedule, Mr. Rajiv reviews call cases and documents. Many thanks to Ms. Anna, Ms. Kalpana, and Mr. Manik. You all are awesome. You become our lifetime immigrant advisor.
I came to US on H-4, so I have only H-4 stamping in my passport. Got my H1b picked up in lottery two years back, and did COS to h1, and have approved i797A with I-94 and working with my current employer.
Got an offer from another company, and they filed my H1b transfer, and got the i-797A approval with I-94.
So my question here is, can I join the new company using the H1b transfer approval, even though I don’t have H1b stamp at all in my passport? Will this be a valid H1b transfer?, or should I go back to India to get my H1b stamping to join the new employer?
Watch the Video on this FAQ: H-1B portability without a visa stamp
Video Transcript
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.
Law offices of Rajiv S Khanna handled my H1B visa application. I am on H4-EAD and the initial consultation from Mr. Khanna was immensely useful. The team members, Shilpa and Anna were very responsive and proactive and the entire process was smooth. I strongly recommend Law offices of Rajiv S Khanna for visa and immigration purposes.
My H1B amendment case was very unique situation where it was approved for 3 times and now USCIS issued RFE. Rajiv S Khanna Law firms has very specialized skill they go very deep into the RFEs and make sure all aspects are covered. I got three years approval. I highly recommend Rajiv S Khanna law firm.
FAQs: Priority date and original I-140 approval notice || Staying with the same employer for 180 days after I-140 approval|| Green Card holder stuck outside the US for more than a year|| Salary reduction on H-1B.
OTHER: Lawsuit for delay || EB-1C Consular Processing|| H-1B withdrawal by old employer, etc. || H-1B approved, current visa options || Section 319(b) naturalization || H-1B transfer after visa denial || Arrest for Marijuana || L-1A number of employees || Transferring H-1B with a copy of approval || L-1A for a newly acquired company || Filing green card on H-4 EAD || Supplement J issues, etc.
I thank Rajiv and his staff, especially Hellen Anchillo, Richa Narang, and Suman Bhasin, for their help in getting me through the GC process. It is clear Rajiv's office has the whole process nail down and they were very prompt in answering my questions. I always felt I was knowledgeable of my options and the costs and benefits involved in each course of action. I have recommended Rajiv's office to some friends and I will continue to do so in the future.
After a painfully agonizing wait of 3 1/2 years, I finally got my labor certification approved. Rajiv's team did a fantastic job in filing my labor certification application. The whole process was executed in a very professional and timely manner and I never received any queries or RFEs. Rajiv's team kept me posted through out the certification phase and he personally took charge when there was a need to amend my petition due to a promotion that caused a change in my job description. The result - the amendment process could not gone smoother.
Without doubt, Rajiv and his team are the best in the field of immigration law - a fact proven by his 100% success rate. Thank you Rajiv.
My family and I received our GC on August 2005.
I started the whole process in April 2005 with Rajiv Khanna as my attorney. He is an efficient lawyer of great standing and he has done an excellent job at every point in the whole process. I must mention here that the paperwork done under his guidance has been perfect. This substantially reduced the total time of this lengthy process and we received our GC in record time without any problem. I am specifically mentioning this because I have seen some of my friends they haven’t got their GC yet because of improper paperwork. I found the staff in his office very co-operative and with a special mention of Diane Lombardo she is very efficient and one of the best paralegal he has.
Thanks to Diane, Rajiv Khanna and his staff for the excellent job.
People can contact me as a reference.
I worked with Rajiv and Diane for my EB1-B greencard petition. The initial consultations with Rajiv were a big help in understanding my eligibility (I have a PhD and work as a scientist at a Biotech company) and the paperwork required for the petition. Diane’s amazing organizational skills made the daunting process of preparing the I-140 petition very manageable. The I-140 was approved within a week of submission which is a testament to how thoroughly prepared it was. Due to the dates for EB1 India being retrogressed, the I-485 (adjustment of status) process took 3 years during which the office helped me with switching jobs via AC21 portability, renewing three EAD/AP cards and answering any questions that I may have had. The sense of urgency and empathy from both Diane and Rajiv at every step is what makes them the best at what they do. They are of course also incredibly knowledgeable and in step with all the various changes that have rapidly occurred in immigration. My husband and I finally have our green cards and we can’t thank the team at the Law offices of Rajiv S. Khanna enough for everything they do.