{"id":7549,"date":"2015-01-22T05:12:30","date_gmt":"2015-01-22T13:12:30","guid":{"rendered":"https:\/\/www.peerallylaw.com\/en\/content\/view\/?page_id=7549"},"modified":"2018-03-29T22:02:25","modified_gmt":"2018-03-30T06:02:25","slug":"radio-show-questions-3","status":"publish","type":"page","link":"https:\/\/www.peerallylaw.com\/en\/content\/view\/radio-show-questions-3\/","title":{"rendered":"Radio Show Selected Questions 2"},"content":{"rendered":"<p><strong>1) My wife recently got H1b on October and basically for two months she didn\u2019t have a job and November last week she got a job, so I just want to know how if she doesn\u2019t have paystubs for November and October is that ok or how is that?<\/strong><\/p>\n<p>&#8211; Ok did she transfer?<\/p>\n<p>&#8211; No, that was a finished h1b and early the project was dead and then later on it was scraped out.<\/p>\n<p>&#8211; Ok the first month of the H1b, there\u2019s no real requirement to have what we call a paystub, but after that there might be a problem at a later stage but it\u2019s not about the monthly paychecks, but what they are looking at meeting of the requirements of the total what they are suppose to pay up, for example, let\u2019s say they\u2019re going to pay $100,000 at the end of the year it has to show $100,000, so the reasons they want the check stubs to show that you maintained status in this case it may be a problem but one way to reset is that leave the country and come back, its only one month that they need the paycheck stubs. Later on, when you apply for GC they can come back and question the maintenance of status.<\/p>\n<p><iframe loading=\"lazy\" src=\"https:\/\/www.youtube.com\/embed\/jfHrWc6ZsNM\" height=\"350\" width=\"590\" allowfullscreen=\"\" frameborder=\"0\"><\/iframe><\/p>\n<p><strong>2) My GC is filed under EB category and I been waiting for last 6 years and I\u2019m about to make a decision to do a job change to a new company what would you recommend to file an new H1 transfer or should I go on EAD?<\/strong><\/p>\n<p>&#8211; Well you don\u2019t really have to; your I-140 is approved right?<\/p>\n<p>&#8211; Yes, I-140 Approved<\/p>\n<p>&#8211; If you\u2019re I-140 is approved then you are not obviously qualified for EB2 probably or even if you do there are few reason why people go on H1b but I always recommend to use your EAD, but there are few reasons for one, for people, for example, who don\u2019t feel like there I-140 is secured, just to let you know once you\u2019re I-140 is approved and 180 days have passed (after filing of the adjustment of status I-485) the previous company cannot revoke the Form I-140, that means you can keep that and move under AC21 (American 21st Century Act ) you can move to another company on EAD.<\/p>\n<p>&#8211; Now the question should you keep the H1B? Are you married? Your wife also has EAD?<\/p>\n<p>&#8211; Yes I\u2019m married, yeah she is working on EAD<\/p>\n<p>&#8211; Then you don\u2019t really need to go on H1b, that is not required, the only reasons I would ask you to do that if you feel like there is some problem with the company and there might be a chance down the road that an I-140 is revoked, not based on the company own stuff but based on the government thinking that there was fraud or something involved but if that\u2019s not the case you don\u2019t need to keep the H1b going and how many years of H1b have you had going so far? Then the other reason is if your spouse need an H4 because the spouse was not able to get an EAD (priority dates not current).<\/p>\n<p>&#8211; I have completed 6 years on H1b and I got extension with the present company for 3 more years.<\/p>\n<p>&#8211; And when is it Expiring?<\/p>\n<p>&#8211; 2015<\/p>\n<p>&#8211; Well this is how it works you don\u2019t really need to do that but if at a later stage you need h1b before 2015, you can actually use that do a transfer and keep that 2015 priority date even if I-140 is revoked and if not revoked you can use it to extend with another I-140 you can extend a new h1b, but honestly you don\u2019t really need it. In this case, it is something your can decide depending on how strong is the company who file for your I-140.<\/p>\n<p>&#8211; I can change the job on EAD is that what you\u2019re saying?<\/p>\n<p>&#8211; Yes, EAD let me explain to you what you are doing right now, EAD is a work permit you can work anywhere actually, you can work at night at another company which is not related, but the AC21 which is parking of the GC, I call it the parking because you need to have the company to go back to , when the GC comes in your hand so that is why the AC 21 is just a parking you have to go there when you get the GC, there is nothing that prevents you from going back to company A, but we need to do AC21 letter, then you can transfer it\u2019s not really a transfer its just your taking the GC from company A and parking it with company B. So the answer is yes you can go ahead and move on the EAD.<\/p>\n<p>&#8211; And my educational qualification is 3 years in Bachelors degree in India so that\u2019s why I\u2019m not qualified.<\/p>\n<p>&#8211; That\u2019s why you\u2019re not going to get EB2, Keep it on EB3 but make sure your moving to same or similar position.<\/p>\n<p><strong>3) I have a question starting a business in US I\u2019m on H1, am I able to start a consulting company?<\/strong><\/p>\n<p>&#8211; Not really because, the answer is yes and no &#8211; you can own a company but you cannot be active in the company like for example you can own shares in Microsoft but you\u2019re not going to be active in the company so its dormant so that\u2019s allowed but if you\u2019re going to do like daily work like signing checks taking orders and things like that no its not allowed &#8211; you\u2019re in violation of your H4 this is why we are very upset because the law just locks people on H4.<\/p>\n<p>&#8211; Ok, can I even hire the people?<\/p>\n<p>&#8211; The problem is what do you consider active, let\u2019s say you set up the system and then you just own the company your just the share holder, you don\u2019t get involved in the day to day running of the business you should be fine but the problem is that if the immigration look at it will say &#8211; ok how did you do that? You have to talk to the people owning your business, you have to do the accounting, and you have to do things like that then you are in violation of the H4, so it is very difficult to run a small business on H4. Even if the law allows you to own a business you cannot be participating in it but there is no loophole really because if there was one people would have taken it. I have a very good article on this H4 options on my website www.peerallylaw.com you can read about it, but technically you cannot have a small business because you will have to be active in it.<\/p>\n<p>&#8211; Even on H1?<\/p>\n<p>&#8211; H1 same problem, unless there\u2019s an H1 attached to that company, you\u2019re not technically allowed to do any kind of active role, you cannot be a director you can not be in a marketing role, you cannot be in sales, many people ask me well how will they know, well that\u2019s an different issue, that\u2019s a matter of proof, if you lie, it is your call, but we don\u2019t advise anybody to lie, but that\u2019s the way that visa is designed, even working remotely while you\u2019re sitting in US can be a problem.<\/p>\n<p><strong>4) I have a question regarding transfer of a status, so when I apply change of status from H1b to F1 from within staying in the US it might take between 3-6 months but does my current employer gets notified or it can affect my current status in any way.<\/strong><\/p>\n<p>&#8211; Ok you\u2019re on H1b right?<\/p>\n<p>&#8211; Yes<\/p>\n<p>&#8211; Ok there are 2 rules if you\u2019re transferring from one H1b to another under AC21 rule you can start working on the same day you file the transfer even if it is not approved.<\/p>\n<p>&#8211; Second rule no they don\u2019t get notified what is happening it goes only with the new company, now if you don\u2019t want to move before it is approved then do premium processing and then as soon as its filed even the employer knows about it and they send a cancellation notice on your current H1b so it doesn\u2019t matter because the transfer has already passed.<\/p>\n<p>&#8211; No sir I\u2019m asking from H1b to F1<\/p>\n<p>&#8211; Oh yes, no they don\u2019t get informed about it, so you stay on H1 until the F1 is approved, but sometime they might send a letter by mistake to your employer but no they cannot because it has nothing to do with the employer .<\/p>\n<p><a href=\"https:\/\/www.peerallylaw.com\/en\/content\/view\/radio-show-questions\/\">&gt;&gt; Radio Shows Selected Questions (Part 1)<\/a><\/p>\n<p><a href=\"https:\/\/www.peerallylaw.com\/en\/content\/view\/radio-show-questions-3\/\">&gt;&gt; Radio Shows Selected Questions (Part 3)<\/a><\/p>\n<p>The information contained in these answers is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this article, radios shows, clients or otherwise, should act or refrain from acting on the basis of any content included in the article without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient\u2019s state. Shah Peerally is the managing for the Shah Peerally Law Group PC located in Newark CA. The office main area of practice is Immigration law <a href=\"https:\/\/www.peerallylaw.com\/\">www.peerallylaw.com<\/a> Ph:510 742 5887<\/p>\n<p style=\"text-align: center;\">Download our FREE Apps for Updates on your mobile.<\/p>\n<p style=\"text-align: center;\">ITunes and Adroid<br \/>\n<a href=\"https:\/\/itunes.apple.com\/us\/app\/attorney-on-air\/id519509181\"><img loading=\"lazy\" decoding=\"async\" alt=\"\" src=\"https:\/\/www.peerallylaw.com\/en\/content\/view\/wp-content\/uploads\/2016\/12\/icon.png\" width=\"128\" height=\"128\" \/><\/a><a href=\"https:\/\/play.google.com\/store\/apps\/details?id=com.splg.attorneyonair\"><img loading=\"lazy\" decoding=\"async\" alt=\"\" src=\"https:\/\/www.peerallylaw.com\/en\/content\/view\/wp-content\/uploads\/2016\/12\/icon.png\" width=\"128\" height=\"128\" \/><\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>1) My wife recently got H1b on October and basically for two months she didn\u2019t have a job and November last week she got a job, so I just want to know how if she doesn\u2019t have paystubs for November and October is that ok or how is that? &#8211; Ok did she transfer? &#8211;&#8230;<\/p>\n","protected":false},"author":2,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"open","template":"","meta":{"footnotes":""},"class_list":["post-7549","page","type-page","status-publish","hentry","page-entry","loop-entry clr"],"_links":{"self":[{"href":"https:\/\/www.peerallylaw.com\/en\/content\/view\/wp-json\/wp\/v2\/pages\/7549","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.peerallylaw.com\/en\/content\/view\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.peerallylaw.com\/en\/content\/view\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.peerallylaw.com\/en\/content\/view\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.peerallylaw.com\/en\/content\/view\/wp-json\/wp\/v2\/comments?post=7549"}],"version-history":[{"count":3,"href":"https:\/\/www.peerallylaw.com\/en\/content\/view\/wp-json\/wp\/v2\/pages\/7549\/revisions"}],"predecessor-version":[{"id":8861,"href":"https:\/\/www.peerallylaw.com\/en\/content\/view\/wp-json\/wp\/v2\/pages\/7549\/revisions\/8861"}],"wp:attachment":[{"href":"https:\/\/www.peerallylaw.com\/en\/content\/view\/wp-json\/wp\/v2\/media?parent=7549"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}