Doing business on AOS EAD and on H-4 EAD/extension
Green Card
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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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WASHINGTON - On April 2, 2012, USCIS will issue Form I-797C, Notice of Action, with a new look and feel. We will print the Form I-797C on plain bond paper. This change is estimated to save the agency about $1.1 million per year.
Proposal would reduce time that U.S. citizens are separated from immediate relatives
Introduction
The following Q and As explain the proposed provisional unlawful presence waiver process.
Background
The Secretary of Homeland Security is authorized to grant Temporary Protected Status (TPS) to eligible nationals of designated countries. Countries may be designated that are suffering the effects of an ongoing armed conflict, environmental disaster, or extraordinary and temporary conditions within a country.
TPS beneficiaries may remain in the United States and obtain work authorization during the period for which a country is designated under the TPS program.
OFLC is pleased to present the fourth in a series of Permanent Labor Certification Program-Selected Statistics.
This Fact Sheet presents statistics regarding Permanent Labor Certification program applications submitted during FY 2012.
Check the attachment to view Permanent Labor Certification Program-Selected Statistics.
We contacted Rajiv Khanna for advice. His whole team seemed very professional. He went through our resume free of charge to suggest if we had a case; provided us with his opinion in a very honest way. Just the week before, I tried to talk with a different immigration attorney over phone, and the first dialogue I received was, "I work for money...I can't talk to you for free..". In that regard, the response I received from Rajiv Khanna's office was pleasantly opposite! I'll refer him to any of my friend who seeks for an immigration attorney.
These Questions & Answers address the automatic extension of F-1 student status in the United States for certain students with pending or approved H-1B petitions (indicating a request for change of status from F-1 to H-1B) for an employment start date of October 1, 2012 under the Fiscal Year (FY) 2013 H-1B cap.
Q1. What is “Cap-Gap”?
[Federal Register Volume 77, Number 64 (Tuesday, April 3, 2012)]
[Notices]
[Page 20046]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: C1-2012-7498]
[[Page 20046]]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2522-12; DHS Docket No. USCIS 2012-0007]
RIN 1615-ZB12
Rajiv and his team has handled my case on both H1b and GC so far and they have been fantastic. A thouroughly professional team with a systematic approach towards each individual case. Nice work!
I have taken immigration services from Rajiv S. Khanna and his team for H1 extension and GC processing. Their service is excellent and timely. Thanks a lot Rajiv and your team for all efforts in making me Green. I will truly recommend them to my friends.
Number 44
Volume IX
Washington, D.C.
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) has established an expedited process for reviewing and correcting decisions resulting from certain administrative errors. This process enables customers to request an expedited review of their case and correction of the decision where data entry and/or an administrative error resulted in a denial or rejection of their petition or application.
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced that it extended an accommodation for H-2A workers in the sheepherding industry to transition to the three-year limitation of stay requirements. USCIS will require H-2A sheepherders who have reached their maximum three-year period of stay to depart the United States by Aug. 16, 2012. These sheepherders must then remain outside the country for at least three months before petitioning for H-2A classification again.
The current prediction that the priority dates for employment based green card applications are likely to retrogress again has brought a lot of speculation and questions from our clients and our community. Let me clarify some of the questions and concerns.
Q 1. What happens if my priority date (“PD”) retrogresses while my I-485 is still pending?
Q 2. Can we expedite the adjudication of our pending I-485 (or any application, for that matter)?
A 1. There are two possibilities. First, the case is not yet ripe for adjudication (for instance, it has not been assigned to an officer or the security clearances are not yet submitted or obtained), USCIS can shelf the case and not process it any longer untile the PD becomes current again. Second, USCIS can “preadjudicate” that case. That means the case is adjudicated and then shelved for PD to become current again. I do not believe there exists a mechanism currently to determine what USCIS will do with an individual case.
I am currently on H1-B and my I-140 has been approved. Because of the delay in I-485 Processing, I was thinking of doing my green card through the EB-5 Category with a $500,000.00 Investment through a Regional Center or a New Commercial Enterprise.
I had a few questions regarding the following:
For EB-5 through Regional Center
1. What is the time frame for Investing the money? Does it vary per Project?
2. What is the general Return of Investment on these Projects? Does it vary per Project?
3. Can we withdraw the Investment earlier if the Project is a failure?
4. How much involvement is necessary/allowed in the management of the Project?
5. When can I start withdrawing the money after I get my Green Card?
6. Is there any agency/firm that evaluates the Regional Centers?
For EB-5 Immigrant Investor through New Commercial Enterprise
7. Do the 10 people have to employed immediately or over a period of 2 years?
8. If I employ 10 people and put in 500,000.00 in a start up business in a rural area or highly unemployed area towards the income for the employees, is the money counted towards investment?
Please see Rajiv's comments on Priority Date Retrogression.
http://forums.immigration.com/entry.php?303-Priority-date-retrogression-consequences-and-concerns
We are in IT business from last 12 years and we are impressed by the service we have received from Mr. Khanna and his associates. I strongly recommend Mr. Khanna as he understands the matter and gives you the right advice. I have high regard for his knowledge. Thanks, Wajahat Qureshi President TS Techno Service Inc.