| |
|
|
I am from India |
| I last logged in on 09 Mar 2010 |
|
I have been a member since 19 Dec 2005
|
| I have added
15 posts in trackitt forums
|
|
I added my last post on 26 Mar 2008
|
|
|
cyberbabu's Immigration Cases
| |
| I-485 case:
Approved in 445 days (19 days more than average)
(7 comments)
|
|
| User: |
cyberbabu |
Nationality: |
India |
|
| Country of Chargeability: | India | Applicant Type: | primary | | | Service Center: | Nebraska | Category: | EB3 | | | Priority Date: | 25 Apr 2001 | Application Filed: | 19 Jan 2007 | | | USCIS Received Date: | 22 Jan 2007 | USCIS Notice Date: | 23 Jan 2007 | | | USCIS Receipt Number: | | I-140/485 Filing: | non-concurrent | | | I-140 Processing Type: | regular | I-140 Approval Date: | 19 Dec 2005 | | | First Fingerprint Date: | 24 Feb 2007 | Second Fingerprint Date: | 29 Feb 2008 | | | RFE Received?: | no | RFE Received Date: | | | | Reason for RFE: | | RFE Replied Date: | | | | Case Transferred to: | | Transfer Date: | | | | Name Check Status: | pending | Name Check Approval Date: | | | | I-485 Status: | approved | I-485 Approval/Denial Date: | 08 Apr 2008 | | | Card Production Ordered: | 08 Apr 2008 | Card Received Date: | 17 Apr 2008 | | | EAD Applied?: | yes | AP Applied?: | yes | | | EAD Approval Date: | 04 Apr 2007 | AP Approval Date: | 10 Apr 2007 | | | EAD Received: | | AP Received: | | | | Time to Get EAD Approval: | 75 days | Time to Get AP Approval: | 81 days | | | Time to Get Fingerprinting Done: | 36 days | Total Time to Get GC: | 445 days | | | Most Recent LUD: | | Days Elapsed: | | | |
| Case Added to Tracker: |
|
Last Updated: |
18 Apr 2008 |
|
| Notes: |
LUD (2007): 01/29; 02/27(FP); 03/31
2008: Opened 2nd ServiceCenter ticket - Email from USCIS that my case is waiting to be assigned to officer; 04/08 - Notice mailed welcoming the new permanent resident.. Card Production Ordered same day. Recd card on 04 |
|
| I-765 (EAD) case:
Approved
(2 comments)
|
|
| User: |
cyberbabu |
Nationality: |
India |
|
| Application Type: | new application | Service Center: | Nebraska | | | Filing Method: | paper-based | Application Filed: | | | | USCIS Received Date: | 09 Feb 2007 | USCIS Notice Date: | | | | USCIS Receipt Number: | | RFE Received?: | yes | | | RFE Received Date: | | Reason for RFE: | | | | RFE Replied Date: | 30 Apr 2007 | Application Status: | approved | | | Approval/Denial Date: | 16 May 2007 | Card Production Ordered: | | | | EAD Received: | 21 May 2007 | Total Processing Time: | days | | | Most Recent LUD: | | Days Elapsed: | | | |
| Case Added to Tracker: |
|
Last Updated: |
21 May 2007 |
|
| Notes: |
EAD for self; LUD: 02/14 ; New photos requested (no LUD for this RFE); 05/08 (RFE Resp Recd); 05/15; 05/16 (Card Prod Ordered); 5/18; 5/21 |
|
| I-765 (EAD) case:
Approved
(0 comments)
|
|
| User: |
cyberbabu |
Nationality: |
India |
|
| Application Type: | new application | Service Center: | Nebraska | | | Filing Method: | paper-based | Application Filed: | | | | USCIS Received Date: | 23 Jan 2007 | USCIS Notice Date: | | | | USCIS Receipt Number: | | RFE Received?: | no | | | RFE Received Date: | | Reason for RFE: | | | | RFE Replied Date: | | Application Status: | approved | | | Approval/Denial Date: | 02 Apr 2007 | Card Production Ordered: | | | | EAD Received: | 07 Apr 2007 | Total Processing Time: | days | | | Most Recent LUD: | | Days Elapsed: | | | |
| Case Added to Tracker: |
|
Last Updated: |
07 Apr 2007 |
|
| Notes: |
Spouse EAD: 01/29; 03/31; 04/02 Card Ordered; 04/03; 04/05 |
|
| I-765 (EAD) case:
Approved
(3 comments)
|
|
| User: |
cyberbabu |
Nationality: |
India |
|
| Application Type: | renewal | Service Center: | Nebraska | | | Filing Method: | electronic | Application Filed: | | | | USCIS Received Date: | 04 Feb 2008 | USCIS Notice Date: | | | | USCIS Receipt Number: | | RFE Received?: | no | | | RFE Received Date: | | Reason for RFE: | | | | RFE Replied Date: | | Application Status: | approved | | | Approval/Denial Date: | 10 Mar 2008 | Card Production Ordered: | | | | EAD Received: | 14 Mar 2008 | Total Processing Time: | days | | | Most Recent LUD: | | Days Elapsed: | | | |
| Case Added to Tracker: |
|
Last Updated: |
18 Mar 2008 |
|
| Notes: |
Biometrics - 02/29; 03/10 - Card Production Ordered. |
|
| I-131 (Advance Parole) case:
Approved
(3 comments)
|
|
| User: |
cyberbabu |
Nationality: |
India |
|
| Service Center: | Nebraska | USCIS District Office: | | | | Filing Method: | paper-based | Application Filed: | | | | USCIS Received Date: | 23 Jan 2007 | USCIS Notice Date: | | | | USCIS Receipt Number: | | RFE Received?: | no | | | RFE Received Date: | | Reason for RFE: | | | | RFE Replied Date: | | Application Status: | approved | | | Approval/Denial Date: | 10 Apr 2007 | AP Received: | | | | Total Processing Time: | days | Most Recent LUD: | | | | Days Elapsed: | | |
| Case Added to Tracker: |
|
Last Updated: |
20 Apr 2007 |
|
| Notes: |
Spouse LUD: 01/29; 03/31; 04/04; 04/05; 04/10 (Document other than Card manufactured and mailed); 04/19 Attorney Received mail |
|
| I-131 (Advance Parole) case:
Approved
(0 comments)
|
|
| User: |
cyberbabu |
Nationality: |
India |
|
| Service Center: | Nebraska | USCIS District Office: | | | | Filing Method: | paper-based | Application Filed: | | | | USCIS Received Date: | 23 Jan 2007 | USCIS Notice Date: | | | | USCIS Receipt Number: | | RFE Received?: | no | | | RFE Received Date: | | Reason for RFE: | | | | RFE Replied Date: | | Application Status: | approved | | | Approval/Denial Date: | 24 Apr 2007 | AP Received: | | | | Total Processing Time: | days | Most Recent LUD: | | | | Days Elapsed: | | |
| Case Added to Tracker: |
|
Last Updated: |
01 May 2007 |
|
| Notes: |
Self LUD: 01/29; 03/31; 04/17; 04/18 ; 04/24 (Document other than card blah blah...); 04/30 - Received in mail. |
|
| I-131 (Advance Parole) case:
Approved
(0 comments)
|
|
| User: |
cyberbabu |
Nationality: |
India |
|
| Service Center: | Nebraska | USCIS District Office: | | | | Filing Method: | electronic | Application Filed: | | | | USCIS Received Date: | 04 Feb 2008 | USCIS Notice Date: | | | | USCIS Receipt Number: | | RFE Received?: | yes | | | RFE Received Date: | | Reason for RFE: | | | | RFE Replied Date: | 12 Apr 2008 | Application Status: | approved | | | Approval/Denial Date: | 23 May 2008 | AP Received: | | | | Total Processing Time: | days | Most Recent LUD: | | | | Days Elapsed: | | |
| Case Added to Tracker: |
|
Last Updated: |
07 Jun 2008 |
|
| Notes: |
LUD on 03/12 (RFE for photos), 03/18; 04/15 (RFE recvd)...05/23 (Approved)..and it doesnt matter at all. |
|
| I-130 case:
Pending for 80 days (780 days less than average)
(0 comments)
|
|
| User: |
cyberbabu |
Nationality: |
India |
|
| Immigration Status of Petitioner: | U.S. Citizen | Immigration Status of Beneficiary: | B visa | | | Filing Petition For: | parent | Visa Category: | IR-5 | | | Relative Adjusting Status while in U.S.?: | yes | Service Center: | California | | | Application Filed: | 22 Dec 2009 | Checks Cashed On: | | | | USCIS Received Date: | 29 Dec 2009 | Biometrics Notice Received: | | | | Fingerprinting / Biometrics Date: | | RFE Received?: | no | | | RFE Received Date: | | Reason for RFE: | | | | RFE Replied Date: | | Interview Notice Received: | | | | Interview Date: | | Application Status: | pending | | | Approval/Denial Date: | | Total Processing Time: | | | | Days Elapsed: | 79 days | |
| Case Added to Tracker: |
09 Mar 2010 |
Last Updated: |
09 Mar 2010 |
|
| Notes: |
|
|
|
| cyberbabu's Posts |
|
Topic: non-compete
It wont. See what is the definition of Customer in the agreement. Typically the client is defined in the 1st page with wordings like so and so ..will be referred as the Client for the remainder of the agreement. In that location if they have simply the client name then it is bound to the location where you worked. In other words, Territiory implies the location you worked (that is the default).
Also, dont forget that the employer can always get an injunction which restricts you from working with the client until the time the case is resolved and verdict given. It is so easy to get an injunction. He has nothing to lose but you lose your new job. That is why i said it is important to speak to your ex-employer and talk it out. Crossing swords is a long process and will not work in your favor unless until you dare to take the risk. | |  |  |
|
|
Topic: non-compete
Like I said, location matters. You will be fine if the development manager is from a different office location than the one who signed your timesheets. In many cases, employers or middlemen ensure the non-compete caters to the entire organization (to cover their bases) or to the business unit you were working (btw, what does your say ??). So if you worked for the IT department, your non-compete will come into play no matter what if your new manager is from the same department. They will always claim that you came to know of the development manager (the one offering you the job) only because you were working there in the first place and that your job required to work with this manager indirectly. That'll end your case quickly.
"The three main factors that courts will usually scrutinize in determining the reasonableness of a non-competition agreement are time, activity prohibited, and territory (geographical or otherwise). A non-compete clause that is found to be unreasonably long in duration, unnecessarily inclusive of a wide range of activities, or covering an unreasonable territory is unenforceable."
So, it all depends on what you signed....and what loopholes you can find to get through that keeping in mind the reasonableness. | | | |
|
|
Topic: non-compete
Eventually it goes down to your timesheet where you would have billed your time to a particular project, got it approved from the concerned manager. That will define your workplace location and client name. In the case of your IRS question, you can work for the IRS elsewhere but not in the location you worked earlier. Non competes are only specific to the location. If you work at IRS and identify a job within there completely not related to this project and in a different location, you will be fine. | | | |
|
|
Topic: non-compete
Non competes are not rules written in stone. They are company specific; so it wont be fair to discuss without knowing what has been defined as a non-compete in your agreement. However i can confirm that it is usually enforced to restrict you from working with their clients. By that they mean anyone whom you would not have known otherwise. The entire business runs on contacts; so you cant say you only arranged an interview and charge me every paycheck. He will then issue you a full onetime bill amouting to the total. These arguments wont hold good in the court of law if the basis outlined above is breached. | | | |
|
|
Topic: non-compete
Yes. It will come into play if you accept such an offer and start working FullTime with your end client. It is better to keep A and B posted and take next steps. | | | |
|
|
Topic: Converting to EAD for Business & Job Switch
#1. Yes. Notify HR with the new I-9 and you are all set.
#2. You can earn money from Adsense via EAD while on L1A with employer. EAD covers you for multiple jobs
#3. Use EAD for new employer. The moment you inform the new employer with EAD info on I-9 your status is EAD. Passport comes into picture only when you enter the US again. You cannot use the L1A on passport after you start with new employer. You have to file AP and use that when entering the US next time.
#4. Quite possible. It depends on your relationship with employer and the guidelines they follow.
As mentioned by you, do all of this after your 140 is approved; given that it is already 180+ days since filing 485 it's a very safe option. | | | |
|
|
Topic: Starting Own Business
Oh god, here you are again trying to confuse everyone.
Clinton Administration brought the AC21 primarily focussing on increasing the H1B quota to 195K from 65K. If I remember AC21 also helped in extending an H1B for 3 yr period if your 485 was pending. There was no clear cut guidance on portability and no one used it effectively until the Yates Memo was released in May 2005 with the guidance on Green Card portability (which is the whole point of discussion).
Read this news: http://www.murthy.com/news/n_yatmay.html where it clearly states "many have been awaiting the regulations on AC21 since it became law in Oct 2000".
I hope this is sufficient evidence to conclude your business was not active at the time the Yates Memo was released and immigrants started using it effectively since then. Most importantly read the section "Self-Employment Allowed for AC21 Portability! " which in plain English confirms my discussion thus far.
I dont want to go into your notions on my origin, degree and visa which shows your desperation. FYI - I am not from Andhra Pradesh; I am not surprised you are a master of your conceived notions and that you stoop to this level. Neither do i expect you to have top$ to hire attorneys..otherwise why would you call yourself a kanjoos (a stingy guy)
But you clearly need to attend some forum ettiquette programs (ensure it's free because you cant afford it) if you genuinely have the intent of helping the community. Otherwise you are an absolute half baked nuisance.
While i have provided links and info to prove my case; you have just opened your empty mouth and sidetracked the issue with your failure company which is nothing but a reflection of you (a loser) . Just prove me wrong if you can. | | | |
|
|
Topic: Starting Own Business
It is always better to ask than to jump aloof..Now that you have asked what I meant by quit H1 or do not quit, i will elaborate it. When you have reached 180 days- you can quit your employer and work elsewhere. If you prefer not to quit you can report your EAD to your HR and continue to work with your H1 employer. EAD allows you to work in more than one job; so you need to simply fill the updated form and hand it over to your employer. The second job will ofcourse be your own business. So, it really doesnt matter if you quit or not - EAD will cover you.
Whether I am rich or poor...I am sharing my experience. It is up to the readers to read, derive knowledge or ignore and I absolutely dont care what you have to think of me. If the situation requires I wont hesitate a minute to hire a top attorney again to fight it out with USCIS.
Before I finish, you are not paying me for what I write, so dont over react. Who gave you the rights to call our posts "stupid" or "foolish crap manifested ideas" and you consider these words better than being called a loser (when you really are one). You dont know what I have achieved but I know that you dint achieve anything by opening your business..so you are not qualified to even respond to this topic. At the time of opening your business there was no 180 day rule, so you wouldnt even know what we are talking about. That explains why you are so lost. Just stay away. | | | |
|
|
Topic: Starting Own Business
Kanjoos,
You represent the typical minority that shouts..somewhat like the 'empty vessels make the most noise'
No wonder you are a loser and have been forced to close your company. First, you need to know forum etiquettes and basic writing knowledge to even post your thoughts in a forum like this. Using abusive unparlimentary words does no good to prove that you are savings someone's life here. I have the right to post like everyone else. If you want to be the savior and help lose someone's oppurtunity that's even worse. Just be a loser yourself and let it be..dont spill it on others.
Coming back to your so called misleading allegation...what makes you think i am misleading someone ?? After you receive your EAD (& 180 days after 485) you are open to own the business; not just start it. Which means you can sign cheques, sign documents and do whatever you'd like to do. What is illegal about this ??? I have written confirmation from top attorney to confirm this.
>>If you are on H1B you can not sign any document o your company. Man don't you get it? If you are doing something illegally , why the hell you mislead others?
The point is...if you start a company on EAD then you no longer can claim H1B status; neither are you on one. So where is the question of illegality ?? It is common sense that you decided to lose your H1B status if you invoked EAD. You lose your H1B and are on EAD when running the company that you own say 50% equally between yourself and spouse. As for writing letter, you will need to have your spouse sign the letter for you. Again, this is a proven recommendation from the same top attorney
>>can business be started on EAD and by Primary quitting the H1B job?
The Answer continues to be a firm YES. You lose H1 and operate on EAD.
>>You may get GC smoothly ...but because of that may be some guy may not.
Exactly, my situation may not be the same as yours. It is for the reader to make his own judgement and see where he is in the process to move ahead. I cannot coerce anyone to start a company. And forums are not meant to be the final say. I have the right to post my experience and thoughts. Just dont bother if you are uncomfortable with it.
Why dont you just visit Sheela Murthy's site and search for Startup and get your records straight.
I pay top dollar to get my opinions from attorneys & CPA's and make decisions accordingly. If you ever did that you wont be here whining about starting a company in a situation where you shouldn't have and closed it. | | | |
|
|
Topic: Starting Own Business
I dont get your point...the question and the whole point of discussion here is "Can one start their own business on an EAD or do we have to wait for a Green Card?"..No one is asking about the H1B situation but I get the picture that there is too much
stress on H1B on the responses i have read from you.
1. Get EAD
2. Quit or Dont quit H1B job (I mean you can run a business as your second job)
3. Start Business (on the safer side just make sure you are 180 days from filing 485)
4. Pay taxes regularly
5. If you receive RFE (for employment) issue a employment letter from your business with the same job desc. as in Labor. | | | |
|
|
Topic: Starting Own Business
I think i made it clear (read last line in my last post) that you need to have an EAD at the very minimum to start a business..not sure what you are trying to convey by stressing again that opening a company when on H1 is problematic. No one is disputing that and sure if you get cought you are in trouble. But when in EAD there is absolutely no problem. If you search on Sheela Murthy's site you will find out that she confirms the same. | | | |
|
|
Topic: Where to send EAD for renewal --- pl.advice
Just do it online and be relieved. You get instant receipt; it's very easy too. | | | |
|
|
Topic: Starting Own Business
Well, the discussion is about a gray area. Your advisors may be as correct as mine but if there was a clear cut rule, you and I wont be writing here.
First, the link you provided clearly states in #4 that the shareholder must not be a non-resident alien. And EAD is not a status of 'non-resident alien'. Otherwise you'd know why they tell you all the time that you lose your H1B status the moment you use EAD. Like i said if you want to interpret the fact that non-resident aliens are non GC holders/Citizens then it's clearly upto you and your advisors.
If it were to be started only by GC or Citizens how come many who dont fall into this category form S-Corps ? Common sense would dictate that the IRS (or as an example any of the online incorporators at the time of registration) would verify your eligibility; esp the IRS when you file your taxes every quarter and penalize you if you were not a Citizen and the registration process by itself would eliminate you.
Bottom line, GC or no GC you are allowed to form S-Corp as long as you have a EAD at the very minimum | | | |
|
|
Topic: Starting Own Business
Ofcourse, S-Corp is allowed for non-H1B's (that includes GC, Citizens & EAD's).
If you want to interpret the rules to your inconvinience, that's upto you. | | | |
|
|
|
|
|
|
