Guestbook Entry for Paul J, United States
Name
Paul J
Country
United States
State
WI
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USCIS Publishes Updated Form I-140, Immigrant Petition for Alien Worker
Purpose of Form
Use this form to petition for an alien worker to become a permanent resident in the United States.
Number of Pages
Form 6; Instructions 10.
Recording of Free Community Conference Call (Every Other Thursday), 25 February 2016
Citizenship and Naturalization
Nonimmigrant Visas
Green Card
Substantial transcription for video
Topics for Discussion, Thursday, 25 February 2016:
FAQ: Can I travel during the pendency of my (B-1, B-2 extension, H-1, H-4, H-4 EAD, L-1, L-2, I-130, I-140, I-485, I-485, Advance Parole, Reentry Permit etc.) case? When should I join my future green card employer, also recapturing time on L-1B; Can a denied H-1B petition make you cap exempt; Special immigration options for UK citizens; How to correct errors on a submitted Form DS-260.
Other: Effect of abandoned change of status from F-2 to F-1; Time for non-premium processing of H-1B employer transfer and process for H-4; Green card or status for autistic son; CSPA for family-based children and disclosing pending immigration application when applying for a student visa; Changing employers after I-140; OCI; The new I-140 regulations; Status when H-1 is denied; Options for addressing H-1 processing delays; Affidavit of support from a person domiciled outside the USA; H-1B extensions based upon old employer’s I-140; Cross chargeability; H-1B quota exemption, etc.
H-4 working in the US on her Indian business
Question details
My status: H1B + i140 approved (6 months completed)
Wife's status: H4 (applied for H4-EAD in July 2024)
My wife has a small business In India that she operates from here. She is currently in India (has been in India since Nov'24) and is traveling back to US (Jan'25) via Abu Dhabi.
1. Is she allowed to work for her India company in US? Everything she earns is in INR
2. If asked at port of entry, do you work in India, should she say yes or no?
FAQ Transcript
An H-4 visa holder operating a small business in India from the U.S. could potentially violate their visa status, even if earnings are in Indian rupees. At the port of entry, honesty is essential—lying could lead to a permanent U.S. entry ban, which is hard to waive.
While it's unclear if this constitutes a status violation, it’s a borderline case. To avoid risks, it’s advisable not to engage in such activities while on H-4 status.
Rajiv Khanna and associates helped me in my Green Card processing since Nov 2015 and recently they did an excellent job to clear my I-140 approval. Fortunately I didn't receive any RFE, was mainly due to the well preparation of my application by one of the lawyer in the lawyer group. I got my I-140 approval in two weeks super timing. It was due to a great job and effort done by the Rajiv Khanna's office and their associates. I full heartily appreciate their excellent work and would recommend them to anyone without hesitation who are looking for a good immigration lawyer for their Green Card or any other immigration related work. Thanks