Background: Wife's H1 expires in a couple of weeks. Needed EAD card. Had filed I-765 on sept 07 2005. Five months and no EAD card yet. Checked with INS 800 number. Found the card was at Missouri ( Lee's Summit ) service center. Since time was running out on the H1 B. Took an appointment at Detroit Office. For interim EAD. Here is a sequence of events for some one else who might need an interim EAD in Detroit MI.
yeaaaahh..i am so happy and that wouldnt have been possible w/o this forum and all the help I have received!
We had our interview appointment at 11.05. We left home at about 8.00. And of course, Chicago would not be Chicago if there was no traffic jam, so we left the highway to take an alternate route. After spotting the INS building, we looked for a parking. We enter the building at 10.00.
Alright, first off thank you to everyone that helped me out with what to bring!
We showed up with about 30 pounds of paperwork, photos, tax returns, wedding albums, cards.
Our appointment was at 1 pm, we arrived around 12:15. We got in the lineup, and waited. and waited and waited. (got a little warm considering it is still in the high 80s, 90s) At about 12:55 they let us in along with a swarm of other people coming in for the same thing (and some naturalization cases) We signed in, and waited right up at the door to be called.
I had my interview today in downtown miami. The entire process took just less than an hour of which around 45 min was the wait for my turn. I had taken so much with me but nothing was needed except the passport and green card. I did get one unusual question related to my mailing address. I have always used a P.O Box as a mailing address so she just asked why P.O Box, why not use the home address. I just told her I change residences quite often ( am a single guy ) and its just easy for me to get a P.O Box near work.
I deeply appreciate all the helps from Rajiv Khanna's firm to my journey of PR. All the staff here I have been contacted with are knowlegable, and warm hearted, which light up so many dark nights of mine in the past. I would like to give my special thanks to Prerna, Shivane, Suman, Richa, Charu, who not just helped my case but also give me the hope as well.
Thank you all!
Rajiv, Anna and the team was great with their help regarding my H1B transfer, particularly with their thouroughness in responding to an RFE.
Thank you all again!
-Sonali.
I was approved for H1B which would be effective on 1st of october,2005. But I didn't get my I-94 with my H1B approval. Before 1st of october, I left my previous employer and joined with my current employer. On that moment, it was tough for getting the new H1B. But Law offices of Rajiv S. Khanna made it, especially Rena Wadell, who was handling this case. My spouse's H4B also on processing. Hopefully, get the good news soon. I am really happy for getting their service.
I was running out of time on my H1 B and had requested Rajiv Khanna's office for Quick filing and not only they filed my LC PERM on time but I also got my Approval in 4 days , All of my contacts (Suman ,Vijay ,Pramita,Anna Baker) at Rajiv Khanna's Office were very detail oriented and very helpful .I would like to specially thank Pramita for updating me with the case status ( at times on hourly basis ) when I felt unsure if I could make the deadline . Pramita and
Vijay took good care of my case and kept me updated with the status which is rare attribute which every cleint like me longs for . Rajiv Khanna Rocks !!!!
Mr Khanna , Mr Durgam , all other members of the office ..I would like to thank all of you for your hard work and dedication to get my labor certificate done and as a result we obtained approval in a very good time..with out going into details of how hard the process was . all I can say Thankyou. George
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FAQ: What is the path for an entrepreneur from STEM OPT or H-1B?
Number 87
Volume X
Washington, D.C
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
This bulletin summarizes the availability of immigrant numbers during March for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.
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| Processing Queue | Priority Date |
|---|---|
| Analyst Review | January 2023 |
| Audit Review | December 2022 |
| Reconsideration Request to the CO | March 2023 |
FAQs: Blacklisted employer, F-1, H-1B, L-1 turned back at the airport || H-1B visa and entrepreneurship: Launching a business with US citizen brother, Shareholding, Green card || National Interest Waiver standards; AI list of critical and emerging technologies focus || OPT EAD errors and typos: Eligibility for resubmission or renewal strategy? || How to calculate time: H-1B grace period; H-4 COS; H-1B transfer delays
I'm on F-1 OPT with a STEM MS Degree. If I put a startup, I will be performing my roles directly related to the degree.
1) To establish employer-employee relations would having a board of directors be sufficient during STEM OPT?
2) If I apply for EB2-NIW and get I-140 approval then can I immediately shift to other non-tech roles within my startup (CTO -> CEO) Or do I have to wait for 6 months before doing that, all the while when I-485 is pending?
3) If I shift immediately and use I-485 EAD instead of F-1 EAD, then can that lead to I-485 being rejected?
Should I wait at least 6 months before using I-485 EAD? Also, if the startup fails, does that discontinue my I-485 process having approved I-140?
There are various visa options for entrepreneurs both inside and outside the USA, between non-immigrant and immigrant visas. Non-immigrant options include B-1 for temporary business visits, the International Entrepreneur Rule for temporary parole, and treaty visas like E-1 and E-2. Immigrant visa options include EB-1 for exceptionally qualified individuals, EB-2 National Interest Waiver (NIW) for those impacting US interests, and EB-5 for investors. Overall, EB-2 NIW offers flexibility in job changes within the same field and may lead to a green card without being tied to a specific job or employer.
USCIS recently updated the following form(s):
Form I-907, Request for Premium Processing Service
02/26/2024 08:35 AM EST
Edition Date: 02/26/24. Starting April 26, 2024, USCIS will only accept the 02/26/24 edition. Until then, you can also use the 11/03/22 E and 11/03/22 editions. You can find the edition date at the bottom of the page on the form and instructions.
I am currently on an H-1B visa. I am planning to start a business with my brother who is a US citizen and needs some guidance.
1) Until the business is operational and generating revenue, can I just be a partner in the company without doing any work visa application with it?
2) Can I have more than a 50% share in that company? If so, would that impact anyhow my H-1B with the current company?
3) In the future, if I want to file for concurrent or full-time H-1b through the new company, is it difficult to get it approved if my brother and I are the partners of the company?
4) Once I am on an H-1B visa in this new company, can the company file for my green card in the EB-1 or EB-2 category?
5) Does the company need to meet any specific conditions before sponsoring for H-1B and Employee-Based Green Card such as being E-Verified or having at least few citizens before hiring non-citizens?
Owning more than 50% of a company makes obtaining an H-1B visa difficult under current regulations. This is because the H-1B is for employees receiving a base salary, and owning a majority share raises doubts about a genuine employer-employee relationship. While regulations easing this restriction are pending, they haven't been finalized yet.
However, if you're a minority partner with your brother holding the majority and the job aligns with your field, securing an H-1B (concurrent or full-time) may be possible. Unfortunately, getting a green card through this company wouldn't be feasible due to your ownership. Consider exploring the EB-1A green card category, which recognizes individuals with exceptional ability in their field and doesn't require employer sponsorship.
Can having an MS in STEM degree with an AI focus and an intention to create a high impact with it for the US along with a plan for it, be enough for NIW? Or would more qualifications typically be needed even at the current stage?
The full impact of working with emerging and critical technologies on National Interest Waiver (NIW) applications remains unclear, with potential new regulations expected by April 2024. While there's a presumption that these technologies align with national interest, you must go beyond that. Highlight the national or non-local impact of the specific work you do – whether it's responsible AI development or ensuring AI transparency. Emphasize how your work extends benefits beyond a single company, as this is essential for a successful NIW application.
My friend's F1 visa was recently revoked, and he was forced to return to India because his first employer had been placed on a blacklist. Also, he has applied for an OPT extension, which will provide him with an updated EAD, but we don't know how this would affect the process of getting the New EAD. He is working with a firm on a contract job now, but the end client which is a state gov company is considering him for Full time and can sponsor him for H1B. His old EAD expired on the 9th of January. He was traveling from India to the States on the 4th of January and was sent back. Questions: Is there any way that he could reinstate his Visa? Can the company sponsor H1B directly, if so what documents would the company need? If the H1B is picked, when can he travel back?
Being turned away at a US airport or port of entry can have significant consequences. Here's what you need to know:
Voluntary Withdrawal: If you choose to withdraw your application for admission, you avoid a 5-year entry ban but may have limited options when seeking to re-enter the US in the future.
Refusal of Admission: This comes with a 5-year ban on re-entry. In some cases, you may be able to apply for a waiver.
Fraudulent Employers: Involvement with any employer who engages in fraudulent activities can lead to a permanent ban on entering the US. It's incredibly difficult to get a waiver in these circumstances.
To avoid these situations:
Be Aware: Stay informed about potentially fraudulent employers. Universities may alert you if they suspect issues.
Consult an Attorney: If you've worked for an employer you now believe to be fraudulent, immediately consult an immigration lawyer. Your level of involvement and when you leave the employer will have a significant impact on your potential liability.
Important Note: There are currently no known successful lawsuits against fraudulent employers in these types of situations.
My labor got cleared under PERM on February 7th,2006. I started the whole process in December 20th,2005 with Rajiv Khanna as my attorney. I’m very grateful to Rajiv S. Khanna and team for helping me with my labor certification. Their guidance helped me to get all my paperwork right. They make it a point to educate us about the laws and update us promptly about any changes in the DOL. This makes us feel comfortable and generates awareness of new policies under PERM.
In short Rajiv and his staff made the whole process very easy, simple and painless. We are really glad that we chose this Law firm. We are greatly pleased with Rajiv and his staff as far as their professionalism, courtesy and promptness regarding my Labor. Many of my friends went through Rajiv and all of them are also happy like me. We are thankful to Rajiv and his staff.