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the1

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About the1

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  1. Hi, I'm on H1B(GC in-process), now I'm planning to start a company in INDIA, below are my questions, Is it legal for H1B holder to start a business in foreign/INDIA if it is legal, do I need to report in US tax returns if I need to report in US tax returns then what is the limit on foreign income, even if company not making any profits or if I earn any income on rental properties. Please suggest.
  2. my new employer is requesting to work on H1B receipt(as he is sure petition will be approved later), just wondering can I still keep old H1B petition and give reason to old employer as "sick leave"(say 3-4 months). And if petition with new employer doesn't approve then go back old employer. is it a possible scenario?
  3. the1

    DS 160 - Family Info question

    Thanks shekar11 & gopalakrishnach for your response. My actual offer letter start date from employer was april, 2015. By the time H1B approved(change of employer) and the approval notice says Oct, 2015. In this case, should I use my offer letter startdate or approval validatity dates. I guess its better to use OFFER letter start date. any suggestion?
  4. My wife(H1B holder), child (Infant US born) and me on H1B, travelling together to INDIA next month. At that point in time what should I answer for below questions, Do you have any immediate relatives, not including parents, in the United States? should I answer NO, as they are with me in INDIA? Are you traveling as part of a group or organization? My wife/child they are not attending visa interview. Question is should I enter my family members here? Present Work What should I enter in "Start Date". I'm on extension with current employer. Should I enter initial start date with employer which was 4 years back or should I enter current extension I-797 start date.
  5. My wife is on H1B(7th year) and she got extension based on approved I-140.can you please clarify below questions If she change to H4 status, later if she wants to change to H1B, does she need to go through H1B lottery or it is treated as CAP exemption. In any way will it affect approved I-140. can she apply for GC when priority date becomes current while on H4 status? or does she needs to be on H1B status to apply for GC. on H1B can a person be on maternity leave for more than 6 months.
  6. Hi, My wife planning for dropbox in Hyd for visa extension. I have below questions please clarify and any suggestions much appreciated: 1. Recently married have marriage certificate and we didn't apply for change of name. Question is while filling DS-160 or any other form, should she provide her lastname or use my lastname 2. Is it fine to say status as married and provide her lastname instead of mine. 3.or should she go by saying status as "single" and use her lastname, so that it won't lead to any further questions.. I guess consulate won't know about person's marriage. 4. Did anyone recently went for dropbox or in what scenarios consulate will call for interview. Currently she is working in E-V-C model, even first time interview was successful with same EVC model.
  7. Thanks Raavij, for your input. One question, trying to understand in what scenario at port of entry(POE) they will not allow to enter into US. one scenario obviously VISA is expired even if you have new approved I-797. one year back, in my case, I have reentered USA while H1B( change of employer) petition was in-processing and with valid old visa, Officer was saying, my new H1B petition should not be approved at the time of POE). And you are saying I can re-enter with approved I-797? can you or anybody suggest or any pointers to any other websites.
  8. Hi All, Please suggest on below question, I have a valid visa till May'2017 and recently got H1B extension till May'2020. Since there is so much ambiguity on travelling to INDIA. Do I need to go for visa interview if I travel to INDIA even if I valid visa? Can I come back to USA with old visa and with new H1B extension and also there is no change of employer. can I use drop-box in INDIA?
  9. Congrats on your visa. can you provide little more info on below questions, On finger print day, what was the process. - did you take any photographs with you. if not how much cash we need to take. if yes how many did you take. - I guess we don't have to submit documents in much advance like 4 days before the finger print day.
  10. Hi, I'm planning to attend H1B visa interview in Hyderabad in next couple of weeks. can you please suggest for below questions how to put in best words, FYI: 6 months back, I have transferred my H1B to new employer - its a full time job, it has inhouse federal projects. Previous employer was consulting company(with previous employer my visa recently expired) what should I answer for below questions who is your client/end client - My HR wants me to say - we work on several inhouse projects - just need better way to say If I say inhouse project - will they ask me to present any documentation. Why did you change your employer
  11. Hi, From Aug 31,2015, I have accepted full time position with XX company. below are some info my new XX company filed for H1B change of employer in August 2015 after I got the I797 receipt notice(not approval notice), my old employer revoked my H1B. But my new employer assured it doesn't matter if my old employer revokes old H1B as we got new I797 receipt notice. my previous valid visa from old employer expiring in Nov LAST WEEK Now due to family emergency I have traveled to INDIA in November 1st week and returning in 1 week. But before travelling my new employer attorney, has said I can travel safely as long as my new H1B is still in under process(it should not be approved while traveling, I took a risk considering current H1B processing times). can you guys know anything about this, will I run into any trouble? Please let me know if I need to carry any other documents. I did my research, based on guidelines it says at PORT of ENTRY, they will consider my OLD I94 dates to issue new I-94. my concern is how this works if my previous H1B petition is revoked, does it mean it revokes my previous I797 too or I797 is not related to H1B peition.Please suggest I'm travelling back in 3 days.
  12. the1

    Non compete agreement - H1B transfer

    Thanks for the reply. Does it mean even if I accept full time with Virginia client , my employer has no chances to take legal action on me Booz the doc I signed is base on California
  13. I have joined a consulting company, California based in 2011 and I have signed the Non-compete agreement which says I cannot accept employment with client for period of 2 years after termination of project. Now I'm in virginia working for direct client and the client is offering me full-time position. Just wondering will my employer will have any chance to take legal action on me. As far as I know in california these Noncompete clasues are void. just trying to understand, the con-compete i signed is as per california rules and now I'm in virginia, are these CA rules still valid VA. And what happens to I140 priority date. can I still retain my priority date even after my employer revokes my I140. Please suggest.
  14. Hi Jairichi, came to know from attorney that it will not come under H1B CAP exempt because it is not with past 6 years. And now I'm planning to second opinion. just trying to understand what is the baseline to count as past 6 years(is there any rule that says it should be with in past 6 years). For example: H1B visa(or I-797) validity - oct 2007 to sep 2010. and the candidate was in USA in 2008 just for couple of months and went back to home country. Sep 2010(which is H1B exp date), which means it is within past 6 years of his H1B validity period(oct 2007 - sep 2010). is he still considered as CAP EXEMPT.
  15. My H1B got approved in 2007 and I came to USA in January 2008 . Due to some reasons I had to go back to INDIA in 2008 October. And now I'm planning to come back to USA. Please provide suggestions on my below questions, 1. I'm not sure if my employer has cancelled or withdrawn my H1b - does it matter 2. Is it possible to come to USA with different employer 3. If I come with different employer will it comes under cap exempt 4. Or Do I need to file new H1B in April again. 5. It's been more than 6 years, will I still be eligible to cap exempt under new employer Please suggest.
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