Doing business on AOS EAD and on H-4 EAD/extension
Green Card
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The URL for the channel is:
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1. I know, someone on EAD based on AOS waiting for I-485 approval must produce a valid job offer (Supplement J) during GC interview. Once the person update work status as EAD on Form I9, then the legal status will become EAD based on AOS. Can the person start a business/startup while on EAD with pending I-485? If yes, should the person notify USCIS about it? Does Form I9 need to submitted for starting/running a business/startup?
2. I know, someone on H4 EAD can he start a business?
1. If you are the primary applicant of an adjustment of status application you could do the business on the side, but if you take it up completely as your profession, then the job must be same or similar in other words you are trying to do your green card Supplement J through your own business if that's not your intention then you must have a full-time job and you can do the business on the side. Form I-9 is an internal form. It does not get submitted anywhere.
2. Yes he can start the business.
Note: Where transcribed from audio/video, 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.
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Situation: I am on a cap exempt H1 with an approved I-140 more than 180 days and I found an employer who can file my cap subject H1 this April.
1. If the cap subject H1 is approved before oct 1st, will my new employment start date be earlier than October 1st?
2. Should I have to leave my current employer as soon as the other H1 is approved?
3. What if I don’t join the new employer until I find a project with them? Meaning, can I wait until after oct 1st until I find a project with them?
4. From your previous calls, I understood that if the new H1 is not revoked until oct 1st, I don’t have to go under cap anymore. Is that still accurate? Also, can you explain about getting a new I-94?
5. Should I have to go thru the GC filing all over again?
6. Can I start working with new employer while continuing my current employment?
1.If you are going to completely transfer over to a cap subject H-1B from a cap exempt you are going to start on October 1st, no earlier.
2. No.
3. Do not have the employer file an H-1B unless there is a specific project.
4. Yes that is still accurate.
5. The answer is yes, because you are carrying your priority date forward.
6. If you are working for a cap exempt employer you can actually concurrently work for a cap subject employer as long as it is a concurrent H-1B.
Note: Where transcribed from audio/video, 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.
Release Date
U.S. Citizenship and Immigration Services announced updated guidance for adjudicating requests for P-1A nonimmigrant classification for internationally recognized athletes.
Release Date
H-1B Initial Electronic Registration Selection Process Completed
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Over the past three years, this Administration has undertaken an unprecedented effort to transform the immigration enforcement system into one that focuses on public safety, border security and the integrity of the immigration system.
Dear ones,
I just had the most happiest International Women's Day yesterday
First of all, I want to thank all of you guys. This forum has been really helpful in understanding and providing information on the interview procedures and papers to take and everything. Thanks ari4u, especially. You are a keystone in this forum!!
Hello,
I had my Interview yesterday in Northern Virginia. The appointment was at 1:00 PM, we arrived at abt 12:30. We were called in at our scheduled time. The officer was cordial. He asked the usual questions, like if I have ever been arrested etc..., He went through the affidavit of support, had questions for my husband regarding his employment letter, checked our passports, asked us both questions about each other, i.e our In-Laws Names, How we met, when we got married, how many guests, What cars we own, date of births, my employer details etc...
I went for my interview, which went well. No surprises with a nice officer.
The common, have you ever questions...no no no no!
We were asked about the spouse's siblings,our honeymoon, when and how we met, how long we'd been dating before marriage, but nothing tricky.
Quite easy I would say.
The officer checked Id's, last taxreturn with W-2s, updated address (because we moved), marriage cert.
I am a USC applying green card for my wife who has been a full-time student for 5 years. We had our AOS interview at Portland, Oregon today (April 20, 2006.)
Our interview was scheduled at 2:00pm and we arrived at the waiting room around 1:20pm. We got called by a very nice officer around 2:05pm and was out of the building around 2:32pm.
I encourage you to sign a petition I have drafted at the request of our community urging the Obama Administration to reinstate reissuance of nonimmigrant visas (including work visas like H-1, student visas like F-1, and family visas) within the USA, a practice that was discontinued in 2004. If the petition receives 100,000 on-line signatures by February 23, the Administration will review it, send it to the appropriate policy experts in the administration, and issue an official response. Signing the petition takes only a few minutes.
My H-1B status will expire the last week of January 2013. I cannot file my petition for an extension until after January 1, 2013. Will that be too late to file an extension?
A petition is considered to be timely filed as long as it reaches USCIS prior to the expiration of your current H-1B status.
When there are multiple I-140 approvals, how do you link the appropriate approval to the pending I-485 petition?
If an I-485 is already pending, a newly approved I-140 can be linked to it by sending a written request to the USCIS. Include all information and relevant copies to clearly explain the transfer of the I- 485 petition to a different I-140 approval.
Is any action required when an I-140 sponsoring employer undergoes acquisition, merger, or restructuring?
If the I-140 petition is still pending, then USCIS needs to be notified in writing of the change. If the I-140 is already approved, then an amendment needs to be filed by the successor-in-interest petitioner. Note that the successor-in-interest petitioner must take over the rights and liabilities of the earlier petitioner, including the immigration matters.
What degrees qualify for EB-2?
In June 2007, the USCIS clarified what is considered to be equivalent to a U.S. Master’s Degree for Employment-Based Category 2. Each petition and its supporting documentation are examined on a case-by-case basis and degree equivalencies are based on the evidence presented with the individual case. However, the below is provided as a general outline:
1. U.S. Master’s Degree – As long as it is in the field required, no additional document is required.
Released: Jan. 2, 2013
Contact: DHS Press Office, (202) 282-8010
The Cambodian government has indicated that it intends to begin accepting intercountry adoption petitions on Jan. 1, 2013. Cambodia joined the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (the Hague Adoption Convention) on Aug. 1, 2007.
On January 2nd, 2013, U.S. Citizenship and Immigration Services (USCIS) announced that certain immediate relatives of U.S. citizens present in the United States without a visa, who are in the process of seeking immigrant visas to become lawful U.S. permanent residents, may apply and be approved for provisional unlawful presence waivers before departing the United States to attend their immigrant visa interviews. USCIS will begin accepting provisional unlawful presence waivers on March 4th, 2013.
Is a transfer possible from a cap-exempt to cap H-1B?
It is possible. You will have to follow the April-October time frame, except where you apply for concurrent cap employment to run together with your cap-exempt employment.
I was in US from 2003 on F-1. I finished my Ph.D. here and changed to J-1 Status. I want to travel during 2012 summer, but need to go for J-1 Stamping. Do you think it will be a problem? Is there a chance that I might be stopped because of 214(b)?
Immigrant intent is definitely a consideration for issuance of J visas. As to whether or not you may have a problem is impossible to predict. If you can have a safety net of an H-1 (if needed), you would be better off.
I am on an L-2 Visa with an EAD valid until June 2014. I am already a contract employee with an MNC (multinational corporation). Can my company extend an offer of permanent employment to me?
You do not currently have the visa to work permanently. But, there is NO PROBLEM with you working on a permanent job on temporary basis.
I have two more years to complete a Ph.D. with a valid I-20, but my Visa expires in August 2013. I want to visit India in June-July 2013. If I come back in July, do I need to apply for F-1 visa (and F-2 visa for my family) extension? Would I have problem in reentry if I have one more month of valid F-1/F-2 visa?
You will need a new visa only if you return after August 2013. Check with your DSO to make sure you have all the appropriate requirements completed.