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  • vin13
    03-09 05:18 PM
    Hi,
    Me and My friend developed a product, which is ready to launch. The product is very good and two fortune 500companies are willing to implement the product and back us up.

    Now my problem is I am on H1B working fulltime with a company and also have an EAD. At this moment I cannot leave my fulltime job. My question is , if I can be a partner with my friend in the new company we are forming( My friend is a US citizen), also will I be able to get paid ( as the developement of the product drained my pocket, this was the hope and I think we are close to reap the hardwork) . Also my wife is also on EAD , can she be the partner? Will there be any issue if I can do that.

    Please help!!

    As a H1-B employee, if you are a partner to the company, you can take profits. but you cannot take salary as a employee. For example, you could be a 50% partner for profits. But your friend(US Citizen) can be the working partner who actually signs all the checks and contracts etc.

    Best would be to make your wife who is on EAD to be the partner. She can be an employee and a partner. More flexibility. I do not see any issue.




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  • hopelessGC
    08-18 10:19 AM
    This is actually a very important matter for you; my best advise would be to contact a good attorney and get the advise. You do not want to put your GC in jeopardy based on opinion from other people who may have incomplete information.
    Just my opinion.
    Good Luck.

    I second that.




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  • Desy
    11-01 11:14 PM
    Wonderful idea... can IV support this too...




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  • aka
    05-17 07:09 PM
    Guys, I received THE magic email also this week. Card Production ordered on May 14th. HUGE Relief!!!

    I just wanted to pass on a few tips. These steps may or not have expedited my processing but the timing sure was suspiciously fortuitous:

    a) On May 7th, since the NSC I-485 processing date was more than 30 days past my RD, my lawyer sent an official email to NSC asking them for an update on my application. According to my lawyer, CIS is obligated to reply within 45 days and in most cases instead of them saying that this specific application falls outside their processing dates, they just approve the application. Of course, your case has to be approvable (PD has to be current etc)

    b) On May 9th, I set up an Infopass appointment where the IO told me that my case was in transit from a different service center back to NSC! She also told me both our NCs were complete.

    c) My lawyer was also getting ready to file another round of EAD/AP applications which, according to her, draws CIS's attention to the fact that this application is ready for processing and falling outside the average time range.

    Maybe the combination of inquiry email and Infopass helped moved the case or maybe it did not. Probably does not hurt to try at least once and, of course, you don't want to overdo it and burden the system.

    Just my $0.02. Hope it helps. Best of luck with your applications. I learned a ton from these forums and (if nothing else) out of sheer habit, will be coming back all the time. Will try my best to help out IV where I can. Cheers!



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  • fromnaija
    02-18 10:11 AM
    The reasons for retrogression are limit on the number of visas available (140,000) per year, country cap and the number of applications with USCIS for adjustment of status and with DOS for CP. Nobody knows how many applications are outstanding and so we cannot estimate PD movement accurately.




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  • srikondoji
    08-28 12:50 PM
    To all,
    If your EAD is not expiring soon (within 10 days) and your EAD renewal is still pending, there is chance that your expedited request may not be processed at all.

    THis is what happened with my Wife's EAD renewal.

    My Wife's EAD is set to expire on Sept 4th and was in a danger of loosing her job, if she didn't have her new EAD in time. There was no word/status_updates about her pending EAD renewal for the past 2 months. Complicating things further she only recently received FP notice.

    We contacted our lawyer and she said that we are not eligible to file an expedited case as it is not even pending 90 days, but she did advise us to give it a try.

    So, my wife called USCIS on August 26th (promtly at 8:00AM) and gave all the details to the Rep. Rep said that she will expedite the case and wait for 5 days to get a response. She said that they will send an email, if USCIS requires additional documents and also asked us not call again within 5 days.

    Surprise, surprise, The very next day, her EAD case status got updated with a message "Card Production ordered......."
    Usually, there would be "EAD approved" message followed by Card production ordered. However, in this case, they directly jumped to "Card production ordered..."

    My Advise is to call USCIS, if your EAD is set to expire in just few days. They can do many things out of way to help out.

    Hope this helps.
    --sri



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  • Simran21
    10-01 01:18 PM
    Thanks for the reply.

    For me I will select "YES" to "Are you applying for same visa class that expired in the last 12 months?" but what should I select for my daughter (she 2 yrs old)?
    In VISA renewal criteria it says "First time H4 or L2 applicants under 18 years of age." do not qualify for appointment in this renewal category?
    This statement has confused me to whether to go for "YES" or "NO"?

    thanks in advance




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  • chadoubra
    06-21 01:24 PM
    thank you for the responses. it does seem to be a bit of bad luck. i only have 20 days before my I-94 expires. are they very strict about when it expires or do i get a grace period?

    for the first option (going out of the country), i need to get a mexican permit to enter mexico and that takes 10 working days to receive. that would leave me with about 1 day in which to fly to mexico and get a new I-94.

    for the second option (I-539), that takes 45 days to process, so my I-94 will expire and i wont have a new one yet, even though i've applied for it.

    if there's a grace period (is there one??) i might take the USCIS option since it'll be cheaper than flying to mexico.

    thanks again for the help.



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  • LostInGCProcess
    09-02 10:40 AM
    This is not correct. The OP's status is not determined by what he files in the I-9 form. The determining factor is the I-94 form, the latest one that is valid. If the OP got an I-94 attached to his I-797 form (usually one does), then s/he is in H1-B from the day printed on the I-94 form regardless how long does the EAD remain valid.

    AFAIK, if the OP wishes to remain on F-1 EAD, s/he can go out of the country before the H1-B I-94 starting date (Oct 1?) and reenter US on F-1 visa (i.e., the I-94 given at the port of entry would be for F-1). I do not know if there is any risk involved, or what would happen to the H1-B approval.

    ---------
    I am not a lawyer. Use at your own risk any information given by me.

    I think you are confused with the question. There is no mention of F1. The question is: If a person is on H1 and also has an EAD, what factor determines the switch from H1 to EAD? Are you suggesting one must travel out and in of the country to get the status changed from H1 to EAD? I don't think thats correct.
    Please read the question clearly and don't get confused. F1 and H1 are different....but one can have both H1 and EAD (when I-485 is pending).




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  • Jyotsna
    10-13 11:01 AM
    My case is similar. EB3 - June, 04. Applied I-485 in EB3 July-2007. Then had an EB2 from same employer PD-Aug-2006. The call center person is right, that is exactly what my lawyer advised me as well. Here is what I did

    Applied I-485 in EB3 - (July - 2007)
    Requested to port the I-485 to EB2 category (with I-140 approved for EB2 and EB3 in hand) in Aug-2008 (In Aug-2008) the dates were current for EB2, June-2004
    Created an SR in Aug-2009 when in Sept-2009 it was again becoming current for EB2-2004
    I-485 Approved on Sept, 2, 2009.

    My advise would be :
    Prepare the case with the lawyer on the category transfer (EB3->EB2) keeping the PD same. Wait EB2-Feb, 2007 becomes current and send the application and open an SR. People have noticed that creating the SR is helping but you must have to wait for EB2, Feb-2007 to be current for you.


    Note : There is a possibility that your I-485 application is already in EB2 category. I would suggest to take an InfoPass and confirm it in Oct-Nov when there are less people enquring.

    Regards
    (I am not an attorney)

    My P.date is 2002 EB-3 and I have used AC-21 is it possible for me to change to EB2 ? and can you share info of your attorney. Thanks.



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  • ekkatip
    10-15 12:25 PM
    SR --> Service request




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  • sjhugoose
    February 23rd, 2004, 07:36 AM
    Why B&H have to sell this at such a premium


    Thre words for you: Because They Can!



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  • mrajatish
    06-18 05:55 PM
    Exactly the same as mine (except that I needed to copy whole passport)




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  • hpandey
    02-10 08:23 PM
    The bigger problem is that your parents visa has already been rejected twice and that would be in their database. And that was when your parents were working. Now they are also retired which also adds another complication since the visa officers look to see if the people who a asking for a visitors visa have anything left in India to come back to ( like real estate , good bank balances , jobs , family etc )

    I don't think it matters much if you are sponsering them or they are paying for it themselves.. its the twice visa denial in past that might be the key.



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  • anilsal
    12-20 11:37 AM
    I watch his show regularly. I invite other IV members to also watch his show (late though).

    http://tinyurl.com/v94ow




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  • Kitiara
    10-08 08:22 AM
    All of them are very well done, but BBatPA's just appeal to me the most. :)



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  • tonyHK12
    11-17 10:40 AM
    DREAM Act should actually be called DREAM ON Act... .

    anybody heard Aerosmith 'Dream on'? seems appropriate

    "
    Half my life
    is in books' written pages
    Lived and learned from fools and
    from sages
    You know it's true
    All the things come back to you
    ....
    Sing with me, sing for the year
    Sing for the laughter, sing for the tears
    Sing with me, if it's just for today
    Maybe tomorrow, the good lord will take you away
    ....
    ...
    Dream On Dream On Dream On
    Dream until your dreams come true
    Dream On Dream On Dream On
    Dream until your dream comes through
    Dream On Dream On Dream On
    Dream On Dream On
    Dream On Dream On "




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  • Michael chertoff
    02-01 09:04 PM
    Hi Everyone,

    My AP is valid until JUNE 27 2011, (Here is the line from the I-512L, Presentation of the Original Document prior to June 27 2011 allows a customs and border protection inspector at a port-of-entry to parole the named bearer) I'm travelling to India during May / June and will be entering LAX back on June25. Will this be an issue as my AP is expiring in next couple of days.

    Experts please let me know your thoughts on my situation whether it is safe to travel and getting in back will not be of an issue.

    Thanks if you can help me out

    Regards
    Karthik

    why dont you apply for renewel?

    Thanks

    MC




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  • sweet_jungle
    01-10 06:17 PM
    What do you mean by
    "Can an attorney force me to file AC-21 even if i dont want to?"

    Are you asking if the attorney would file the change of employment letter?

    Please clarify your question

    What I am trying to say is if the attorney prefers Ac-21 filing without waiting for RFE, while I may want to wait for RFE if i am sure sponsoring employer wont withdraw 140, whose word will prevail?




    SherazKhan
    12-05 06:57 PM
    The RFE just asked for a copy of my NSEERS registration on the back of my I-94. Its been send by my lawyer




    i99
    09-07 06:21 PM
    For those who follow this thread. As of yesterday, reciepts started to come to people whose packages were received by R Williams. :D(ours not here yet...:()



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