Employee

1. Hi Rajiv I have a few questions about starting business in partnership.

I am currently on H-1B , my I-140 is cleared and priority date is not current. My wife is on H-4 visa and she is interested in starting her own business with some one who has I-485 pending and has EAD.

I will be the one who will be investing in this business but I won't be employed with that business.

- Is this legal ?

2. Can you be a passive investor on H-1?

What if an employer is indicted on multiple counts and he is cleared of all other charges but he pleads to a conspiracy charge with home detention for a few months as his punishment. How does this effect pending cases at his business?

At the very outset I would like to appreciate your for the credible service you are doing by explaining the law in a very lucid manner to a common man. I have an issue where I need your help. I am on H1 B since Oct 1st 2008 and working with my employer at his site. Though he is paying me in cash and kind he is not running a payroll for me since the inception. Now if I want to move or transfer my H1 to a different company can I do that with out the paystubs. If so that is great news for me, if not what are the options I have.

Appreciate your help in this matter.

Dear Mr.Khanna, I have reading all your post and found you quite informative. I will appreciate if you can let me know the possible consequences of my case.

I was in restaurant in Gaithersburg MD on Jan 29 2008 with my boss who was visiting from Atlanta. I had a beer and 2 glasses of wine with dinner came out sat in the car and started backing up. As you know it was winter and had rained earlier the windscreen at the back got fogged out. While backing up I hit a car parked. Police was in that parking lot and arrested for drunk driving. I blew .09. I was given a bunch of tickets after being 30 minutes in the precinct and was released. In the court they dismissed 2 tickets like DUI and DUI par se and convicted me DWI and Failure to control Speed to Avoid Collision. BTW DWI in MD is a lesser offence when you blow less than the state .08 BAC typically .07. And Failure to control speed to avoid collision which is maximum fine $130.00.Now the Judge gave me Supervised Probation till I finish my MADD Class. After that the Probation goes to Unsupervised for 12 Months. Now I am elligible to file citizenship. I have finished 5 years of LPR time with minimal travel aborad.

Now my questions are :

1.) Will I get deported or removed.
2.) Will I have problems while entering POE while travelling from overseas.
3.) Will my Citizenship be denied if I file after my probation gets over.

Please share your knowledge It will immensly help my stress. This one mistake of my life has really taken a toll in my life.

Your earliest reply will highly appreciated.

I obtained my green card 4 1/2 years ago through employment. My former employer sponsored me h-1 visa for 6 years and labor certificate and green card as well.

Unfortunately, I was terminated by the employer last year, which ended my 10 years career at the company. After the termination, I then filed workers compensation claim for the injuries at work, and civil lawsuit for discrimations and under-paid wages through lawyers. The two cases are pending at courts.

Now I have a part time job which is not related to the job that helped me get the green card.

It is almost time for me to apply for citizenship. However I am worried about how much the two cases would affect the application. I will be asked in the citizenship interview why I left the green card sponsor, why you were terminated and so on, so forth.

Please help advise if my worries are correct ?
Is it better to apply for citizenship when the problems above are ended in courts ?

Thank you very much for your help.

I had accepted an offer of employment from a well established Indian Consultancy company last year in the month of June 2007. I was given the pre approved labor and they filed I 140 and 485, EAD, AP during that Visa bulletin fiasco last year. I got EAD and AP for both me and for my wife. My I 140 approved from TSC last month. Now I have a better opportunity.
My employer is threatening to withdraw GC files processing unless I work with them till I get my GC.

Qo1. Is that possible for them to withdraw like that?

Qo2. Does that affect my GC process in negative way?

Qo3. What I have to do in case they withdraw?

Qo4. Is it possible to re-start the whole GC process again in case?

Qo5. By the time I file AC 21, if the present employer withdraws the GC files, what happens to my case?

Qo6. How do we know whether they have withdrawn GC process or not?