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The New Restriction on 12 Months of CPT OPT Combined – – Consequences of H-1B Denial on OPT

6 years ago By Chief Editor

Question details

I am currently on F1 visa and working on CPT. My H1 petition was picked in the lottery this year and status changed to RFE 2 weeks ago. I wanted to know if August 9 unlawful presence rule applies in my case i.e; if I get a response for RFE after Feb 4 2019, that completes 180 days.

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Dec 13, 2018 Recording of Free Community Conference Call (Every Other Thursday)

6 years ago By Chief Editor

Immigration.com

Community Conference Call

Nonimmigrant Visas

Green Card

Substantial transcription for video

Discussion Topics:

Marrying a Canadian and bring them to USA || I Apply for a NIW through EB2 || COS to L-1A || Can any company revoke I-140 after 180 days || H-1 transfer || 3 year H-1B extension || Fiance visa || H4 EAD and starting a business || EB3 to EB2 porting of priority dates

Owning or Doing Business on H-1B

4 years ago By Chief Editor

Question details

Is there any legal issues with starting a LLC for a software product on H1B based on below scenarios.
Scenario 1: Start a LLC in partnership with a US Citizen. For example say I would be 90 % stockholder and the other person would be 10 %. My partner would run the company and do all the work that is needed to sell the software product. I would be a passive owner and not involved in any active duties.

Scenario 2: Start a LLC as 100 percent stockholder and employ a GC holder or US Citizen as a manager to run the company. I would be a passive owner and the manager would do all the active duties. Is there any restrictions around how much salary i should pay the manager of my company? How about if i offer him/her 10 % of the stocks as a compensation instead of salary or offer him/her commission based salary?

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Video Transcript

1. I do not see any problem with that.

FAQ Transcript

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Changing Status During a Pending Application - Authorized Period of Stay

4 years ago By Chief Editor

Question details

Currently, I am On My H1B, filled H1 extension on time, before I -94 expiry, ( Perm, I-140 Approved ). When H1 extension pending in normal process can I apply for a change of status to F1 by using the H1 receipt number? While I am on F1 if my Priority date is current, can I Adjust my status / file (i-485) when I am on an F1 visa? Will it be an issue If I am F1 visa to Adjust my status if priority date is current?

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Sept 3, 2020 Recording of Free Community Conference Call (Every Other Thursday)

4 years ago By Chief Editor

Nonimmigrant Visas

Substantial transcription for video

FAQs: H-1B portability without a visa stamp || Unemployment benefits while on B-2 || Owning or doing business on H-1B || Unstamped H-1B quota exemption || Change of status on an H-1B approved for consular processing || Changing status during a pending application - authorized period of stay.

OTHER: Visas for Canadian permanent residents || J-1 waiver for multiple DS 2019 || Name discrepancy || Union membership for nonimmigrants or immigrants || Pandemic Unemployment Assistance, etc.

H-1B portability without a visa stamp

4 years ago By Chief Editor

Question details

I came to US on H-4, so I have only H-4 stamping in my passport. Got my H1b picked up in lottery two years back, and did COS to h1, and have approved i797A with I-94 and working with my current employer.

Got an offer from another company, and they filed my H1b transfer, and got the i-797A approval with I-94.

So my question here is, can I join the new company using the H1b transfer approval, even though I don’t have H1b stamp at all in my passport? Will this be a valid H1b transfer?, or should I go back to India to get my H1b stamping to join the new employer?

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FAQ Transcript

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Guestbook Entry for Kalyan Vuthunori, United States

4 years ago By Anonymous (not verified)

Name

Kalyan Vuthunori

Country

United States

State

Comment

My H1B amendment case was very unique situation where it was approved for 3 times and now USCIS issued RFE. Rajiv S Khanna Law firms has very specialized skill they go very deep into the RFEs and make sure all aspects are covered. I got three years approval. I highly recommend Rajiv S Khanna law firm.

Sept 17, 2020 Recording of Free Community Conference Call (Every Other Thursday)

4 years ago By Chief Editor

Immigration.com

Community Conference Call

Nonimmigrant Visas

Green Card

Substantial transcription for video

FAQs: Priority date and original I-140 approval notice || Staying with the same employer for 180 days after I-140 approval|| Green Card holder stuck outside the US for more than a year|| Salary reduction on H-1B.

OTHER: Lawsuit for delay || EB-1C Consular Processing|| H-1B withdrawal by old employer, etc. || H-1B approved, current visa options || Section 319(b) naturalization || H-1B transfer after visa denial || Arrest for Marijuana || L-1A number of employees || Transferring H-1B with a copy of approval || L-1A for a newly acquired company || Filing green card on H-4 EAD || Supplement J issues, etc.

Unstamped H-1B Quota Exemption

4 years ago By Chief Editor

Question details

I had an H1B from my previous employer that was valid from Dec 2016-Dec2017. I never got the visa stamped and it has complete 6 years unused on it. The question I need your help with is if an employer files H1B for me, would it be eligible for Cap-Exempt processing or not?

FAQ Transcript

The government may be pushy on this issue, but they do maintain that if you have not received a change of status, for example, from F-1 to H-1 or an H-1B visa stamp, if you are outside the USA, you are still subject to the quota. I think they are legally wrong. So the bottom line is you should try to go ahead and give it a shot, and I don't think the government is in a legally defensible position.

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