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Many web sites are erroneously reporting that India EB-2 is current for February 2011. Please note, that is FALSE. India EB-2 is backed up to May 2006.
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.
I have PERM approved and I-140 filed in regular processing by my current employer "A". I have got an opportunity from employer "B" and then told they will process my GC as fresh application. I have 17 months left on my H-1B visa.
1. In pending approval of I-140. will I get the extension of 3 years from USCIS when employer "B" initiate the transfer ? OR Will I get the H-1B transfer extension till max out ?
2. Is it recommendable to switch now in between of pending approval process of I-140?
3. Will leaving in between of pending process impact me in future when employer "B" files my GC once again ?
Under the current laws, if you change jobs after I-140 approval you keep your priority date, but you lose your right to H-1 extensions beyond what is given if your old employer revokes/withdraws the I-140.
Now answering your questions
Answer 1.No, you will get an H-1B extension for the time remaining and you can actually claim one year extra if your PERM was filed more than a year ago. But you will get only three years if the I-140 is approved. Not if it is pending.
Answer 2. I don't recommend it. I think you should get your I-140 premiums, get it approved and then leave if you want to.
Answer 3. I don't think that is a major issue, but do talk to your lawyers. Hence it makes sense in my view not to change until the I-140 is approved.
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.
Rajiv Khanna is very helpful, provided an excellent advise hearing all my case details.