kondur_007
03-09 06:38 PM
You need to speak to a very good lawyer before doing this.
As far as I know, While you are on US soil on H1B visa: you can not work for anything else (not even during after hours, on holidays etc) for any company (not even an Indian company).
Doing so will violet H1B status.
So yes, you can establish a company in India when you go there for vacation, become a CEO of it and work for it (while you are there), but can not work as a "CEO of indian company" while you are on US soil.
This is technical law...just so you know.
Good Luck.
PS: I like your idea and I admire your dream.
As far as I know, While you are on US soil on H1B visa: you can not work for anything else (not even during after hours, on holidays etc) for any company (not even an Indian company).
Doing so will violet H1B status.
So yes, you can establish a company in India when you go there for vacation, become a CEO of it and work for it (while you are there), but can not work as a "CEO of indian company" while you are on US soil.
This is technical law...just so you know.
Good Luck.
PS: I like your idea and I admire your dream.
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neeidd
07-09 11:38 AM
One cannot work on H4.
i was told by my lawyer - if spouse stops working, s/he can go back to H4, but you need to confirm with a lawyer, given your specific case.
Thanks for your response, Nil
i was told by my lawyer - if spouse stops working, s/he can go back to H4, but you need to confirm with a lawyer, given your specific case.
Thanks for your response, Nil
Chiwere
12-19 04:25 PM
I am actually looking to sell mine - prospects of a layoff and not even 140 in sight.
if not sell foreclosure++;
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IneedAllGreen
06-18 12:41 AM
Its alright most of the time USCIS looks for last year or last 2 years tax return. I think W-2 is good enough to prove that you are eligible for Tax return.
Hi everyone,
I have 2004 W2 but cant seem to find my tax return. I have 2003, 2005, 2006tax returns but not 2004. What can I do to get that return. Please any advice will be appreciated.
Thanks
Hi everyone,
I have 2004 W2 but cant seem to find my tax return. I have 2003, 2005, 2006tax returns but not 2004. What can I do to get that return. Please any advice will be appreciated.
Thanks
more...
amitjoey
07-01 05:08 PM
Kumar:
Take an infopass appointment, ask them to generate a finger print notice for the same day, then go to the office with your son, where they take the fingerprints. Keep calling USCIS and then a week later take the Infopass appnt again. That should do it.
Take an infopass appointment, ask them to generate a finger print notice for the same day, then go to the office with your son, where they take the fingerprints. Keep calling USCIS and then a week later take the Infopass appnt again. That should do it.
la6470
03-07 12:53 AM
I suggest to take the story to your local and national press... If you can afford a lawyer then consult her about possible compensation from INS for metal anguish ...
But just remember that the immigration system in this country is designed to induce insanity in normal people - that it even drove someone like John Lennon to attempt suicide .... and that he found mental peace only by going to Japan himself followed by frequent trips to India to visit Maharishi Mahesh Yogi......
But just remember that the immigration system in this country is designed to induce insanity in normal people - that it even drove someone like John Lennon to attempt suicide .... and that he found mental peace only by going to Japan himself followed by frequent trips to India to visit Maharishi Mahesh Yogi......
more...
snathan
01-12 10:42 PM
USe the EAD...
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haisylu
06-16 04:10 PM
I'm going to get married to a Divorcee and she has a son. Is there any issue in bringing her son as my dependent. Currently I'm on L1B. If so, what is the procedure.
Thanks for your advise.
Regards,
Sylace
Thanks for your advise.
Regards,
Sylace
more...
HTI
08-29 04:04 PM
does it have to be any certain kinda eps file? I saved it as eps file in photoshop, and then import it to swift 3d. Then guess what happened.. I got a program erro pop up from swift 3d, it says "swift 3d has gernerted errors and will be closed by windows. You will need to restart the program. An error log is being created."
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hkancharla
07-18 03:57 PM
Can any answer this question or put our thoughts on this?
Now all EB categories being current most of us are applying for 485 so how does the Approval process work?
Is it the first come first out or
It depends on the Priority Date?
:confused:
Now all EB categories being current most of us are applying for 485 so how does the Approval process work?
Is it the first come first out or
It depends on the Priority Date?
:confused:
more...
mrajatish
04-26 11:41 PM
That is just so wrong - you need BS and MS, it does not matter how long your MS takes.
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wandmaker
11-20 01:48 PM
DAZED: Once your H1B extension is approved, it will expire only on the date shown in I797. Your 485 rejection does not invalidate your H1. BTW, if you use your H1, your H1 is invalid but you will still be able to extend it as long as it has not expired.
more...
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vactorboy29
02-13 01:52 PM
http://www.ptinews.com/pti%5Cptisite.nsf/0/B1F199E55E5383066525755C002FC411?OpenDocument.
Can we get any help from these guyes?
Can we get any help from these guyes?
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viper673
07-24 02:55 PM
PD has nothing to do with EAD processing. They're not linked.
more...
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mhkumar
03-24 06:02 PM
http://ac360.blogs.cnn.com/2009/03/24/goodbye-chang-so-long-singh/
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va007
05-05 08:02 PM
Thanks, I am looking for Sr. Business Analyst job.
more...
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Blog Feeds
08-12 09:50 AM
I recently received an inquiry at my San Francisco immigration law office from an "employer" who recently discovered that a person whom he had hired as an independent contractor was in the United States illegally. The employer had not originally known that the "employee" was illegal because independent contractors are exempt from the requirements of the Immigration Reform and Control Act (*IRCA*) (https://www.oig.lsc.gov/legis/irca86.htm) that require an employer to verify that an an employee is authorized to work in the United States. The "employer" wanted to explore the options of legalizing the contractor. While thinking about the options, I became interested in how the law defines an independent contractor.
According to 8 Code of Federal Regulations Section 274a.1(j) (http://www.californiaimmigrationlawyerblog.com/8cfr274a.1.pdf) an independent contractor is an individual or entity who carries on an independent business, contracts to do a piece of work according to their own means and methods, and are subject to control only as to results.
The decision of whether or not someone is an independent contractor is determined on a case-by-case basis. Factors to be considered include whether the individual or entity:
supplies the tools or materials;
makes services available to the general public;
works for a number of clients at the same time;
has an opportunity for profit or loss as a result of labor or services provided;
invests in the facilities for work;
directs the order or sequence in which the work is to be done and determines the hours during which the work is to be done.
I began to wonder if people used independent contractors to get around the IRCA requirements. Apparently Congress thought about that as there is a regulation which states that an "employer" may not avoid the requirements of IRCA by hiring an independent contractor if a person or entity knowingly uses a contract or subcontract to obtain labor or services of an unauthorized alien. 8 C.F.R. �274a.5 (http://www.californiaimmigrationlawyerblog.com/8cfr274a.5.pdf).
More... (http://www.californiaimmigrationlawyerblog.com/2009/08/there_will_always_be_illegal_w.html)
According to 8 Code of Federal Regulations Section 274a.1(j) (http://www.californiaimmigrationlawyerblog.com/8cfr274a.1.pdf) an independent contractor is an individual or entity who carries on an independent business, contracts to do a piece of work according to their own means and methods, and are subject to control only as to results.
The decision of whether or not someone is an independent contractor is determined on a case-by-case basis. Factors to be considered include whether the individual or entity:
supplies the tools or materials;
makes services available to the general public;
works for a number of clients at the same time;
has an opportunity for profit or loss as a result of labor or services provided;
invests in the facilities for work;
directs the order or sequence in which the work is to be done and determines the hours during which the work is to be done.
I began to wonder if people used independent contractors to get around the IRCA requirements. Apparently Congress thought about that as there is a regulation which states that an "employer" may not avoid the requirements of IRCA by hiring an independent contractor if a person or entity knowingly uses a contract or subcontract to obtain labor or services of an unauthorized alien. 8 C.F.R. �274a.5 (http://www.californiaimmigrationlawyerblog.com/8cfr274a.5.pdf).
More... (http://www.californiaimmigrationlawyerblog.com/2009/08/there_will_always_be_illegal_w.html)
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veda
07-29 02:44 PM
Is it right?I am working on EAD, if it doesnt come in time any ideas about the FAX # which you need to send your request? I have already opened an expedite request for my EAD by calling USCIS customer service, I just need the fax # and the cover letter format. I heard that even if you take an info pass appointment, they dont issue an interim EAD , is that correct?
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ivar27
11-08 12:28 PM
Thanks for quick response.
I still do not know wat is query is. My employer hasnt received the details of query yet.
looking at the worst side, wat if the H1 tranfer Denied/rejected. Can i ask Company D to file for a new H1?
I still do not know wat is query is. My employer hasnt received the details of query yet.
looking at the worst side, wat if the H1 tranfer Denied/rejected. Can i ask Company D to file for a new H1?
raysaikat
11-13 02:34 PM
Appreciate your prompt response Raysaikat. If I get the J1 waiver from Australia, can I file directly under the EB2-NIW without changing to H1B.
Yes. EB2-NIW (in general, any green card application) has no relation with H1-B.
After completing my MS (Molecular Biotech) and PhD (Veterinary Science) in Australia, I am currently working on a J1 visa for the last 3 years in US university. My employer cannot sponsor my H1B/ Green card but I can get recommendation letters and I have 6 publications including 3 first authors. Thanks, Palani
Yes. EB2-NIW (in general, any green card application) has no relation with H1-B.
After completing my MS (Molecular Biotech) and PhD (Veterinary Science) in Australia, I am currently working on a J1 visa for the last 3 years in US university. My employer cannot sponsor my H1B/ Green card but I can get recommendation letters and I have 6 publications including 3 first authors. Thanks, Palani
p_kumar
07-19 04:03 PM
hey thanks sandiboy:D
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