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Discussion Topics, Thursday 8 February 2018:

FAQ: H-1B or other status denied - what is my status?|| Can I get H4 visa stamping while the H1 to H4 change of status is still pending? ||AC 21 job portability, changing jobs before 180 days || AC 21 job portability, changing jobs before 180 days || National interest waiver (NIW) filing when priority date is not current || Other: Fixing I 20 problems ||L-1A amendment issues ||changing from H-1B to F1 ||Reentry permit and N-470 || multiple H-1B filings for the lottery/quota ||returning back to old H-1B employer if H-1B transfer is denied ||Impact of terminated deportation proceedings, logistics ||impact of revocation of I 140, EB-1C filing || Entering the United States on H-1B without a job || Client address change, DS160 filing || H-4 EAD and H-1 questions

FAQ: Denial of naturalization/citizenship applications - the new trend || Are there any time limits on how late an I-485 can be filed after the priority dates become current? || Status and unlawful presence questions in the form DS-160

Other: Filing H-1 B amendments while another case is pending ||Temporary EAD for H-4 holders ||Considerations for marriage-based green card ||Consequences of getting laid off on H-1B ||Quota H-1B transfer before October 1 ||H-4 visa stamping ||B visa canceled without prejudice || Adopting a child in H-1B status || Changing jobs after green card approval ||Consequences of H-1B visa denial and what to do thereafter ||Working from home on H-1B

Discussion Topics, Thursday, 28 July 2016:
FAQ: Criminal record, affect on naturalization, other risks; Criteria for EB-1C, international managers and executives, impact of receiving benefits; Tourist/Visitors/B-2 visa denial 214(b); How long is an I-140 approval valid; Legalizing status; Change of work location after filing for naturalization N-400 - 90-day rule for domicile; Gap required on a B visa revisit.

Other: Student (M-1) Visa stamping, changing to F-1; N-600; Conflicting I-94 on H-1 extension and amendment; 221(g) on H-1 visa; Priority date transfer after I-140; J-2 EAD processing; Protecting H-1 holder's share in company, green card processing; H-1B transfer salary and reporting company; H-1B changing employers, etc.; spouse of green card holder issues; When to file I-140/AOS after PERM approval; Correcting records with CBP; Overstay on B visa alleged; etc.

Topics Discussed, Thursday, 17 December 2015:

FAQ: Can TN work on 1099 as independent contractor; Difference between I-140 withdrawn and revoked; 

Other: H-1 quota exemption; H-1B denial; H-1B how to file Form DS-160; I-140 revoked, refiling; H-1 L-1 221(g); I-130 processing; I-485 approval while COS pending; I-90 to renew green card; Misrepresentation in visa/ESTA; Contract for B-1/B-2 visa for domestic help from foreign country; Getting H-1 extension I-140 revoked, refiled; DV lottery (NOT my area of expertise); H-1 change of location; Does H-4 extension also extend H-4 visa stamp automatically? I-140 recapture or port priority date; Travelling while STEM extension pending.

Can You Do Business In the USA on Your Current Visa?

Hello, everyone.  This is Rajiv S. Khanna for the Law Offices of Rajiv S. Khanna, P.C, immigration.com. 

You can post comments and questions on immigration.com.  I usually respond within three or four days, sometimes a week.  I’m going to answer one of the questions someone asked us on immigration.com. 

Can I start a business on an H-1 visa?

The bottom line is yes, as long as you are in a situation where, even though you are working for your own company, somebody in the company can file.  It must be a true employer/employee relationship.  How does that work?  What if you have a board of directors or if you have a CEO to whom you report, even though you are a stockholder or maybe even you even have majority of stock in the company, but somebody in the company can file, you’re okay.  USCIS has indicated that is their present stance.  You must have an employer/employee relationship if you want to be able to start your own business on H-1.

In addition to that, remember H-1 is for a specific employer.  So if you want to have a concurrent employment with your own company or you want to change companies and go over full time to your own company, you can do that, but you have to process a H-1, either a concurrent H-1 or a successive H-1.  One of the things you need to remember is, if you own majority stock in the company, or if you have influence over the management of the company, it will be very difficult if not impossible for you to do a Green Card through PERM through your own company.

Where does that leave us?  There’s a whole history behind this H-1.  I won’t go through the history.  USCIS has gone up and down.  “You can do it.”  “You cannot do it.”  There is a whole history behind this.  But the bottom line today is, you can do it, but it definitely requires some in-depth consulting with a lawyer.  Make sure you are not getting into a situation which is going to hurt your stance.

Here is another question I get asked. 

I have an EAD through 485.  Can I now start my business?

Sure.  On the side, you can, as long as you don’t leave your current job.  But, remember, you will then no longer be on H-1.  You will be on EAD if you start working for your own company.

I actually have a whole list of visas.

Can I do business on E-2?

Yes, of course.  E-2 visas, which are treaty investor visas, are meant to do business.  E-1, treaty trader, the same thing.  But only a few countries in the world have a treaty with the United States to do E-1/E-2 visas, so you have to make sure that the country you come from has that.

If I’m here on a tourist visa or a B-1, which is called a business visa, can I do business?

The answer is, you can negotiate contracts, you can shake hands, and you can even set up a company, but, if you actively participate in business, you are violating the terms of B visa.  B-1, which is the business visa, is a misnomer.  You start thinking, I have business visa; maybe I can start a business.  But you can’t do it on B-1.

Can I start a business on F-1 visa?

Of course not.  You are a student.

What if I am on my optional practical training and I have my F-1 EAD? 

Maybe, but only for the time you have the EAD.  Again, that is something to be explored.  Don’t just jump into it.  Make sure you understand the ramifications of what you’re doing.

What about on a G visa?

On G-4, of course, the primary applicant of G-4 is engaged in working for a multinational organization such as the World Bank or the IMF.  They cannot do business, but what about their dependents?  I haven’t looked into it specifically.  I suspect that they can, because they do get an EAD and that EAD is not confined to a specific purpose, but I would have to check on that.  I’m just speaking off the top of my head.  I was primarily answering the H-1 question, but I want to share with you what I know.  So, G-4, probably yes. 

H-4?  Absolutely not. 

H-1?  As long as you can be fired. 

I visa?  No. 

J-2 visa?  Yes, as long as you have an EAD.  

K visa?  K visas are all work authorized, so, yes, you can do business. 

L-1?  No, because you’re working for a company.   

L-2?  Yes, because you get an EAD. 

M Visa?  No.

I went through the whole gamut, just to give you a rough idea; more so, to sensitize you to who can and who cannot do business.

Thank you for listening.