US Immigration Questions

  1. Wednesday,...
    Question: I am in F1 OPT and did not got selected in any of the H1B lottery(in all 3 chances). Current OPT ends on 25 Jan 2020. My company is asking if they can apply for Green card for me. I am working as a lead engineer and responsible for P&L of my department. Will you suggest me to go ahead with GC process without H1B?.
    Answer:

    Watch the Video on this FAQ:

    Applying for green card while on student (F-1) visa

    Video Transcript

    If you are India born then applying for a green card while as a student does not help you much because it's not going to get you a work authorisation nor is it going to get you a green card for another decade. So in theory this is available, but if you are India born maybe not such a good idea. More...

     

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  2. Wednesday,...
    Question: My wife and I are currently on EAD's since Feb 2012 when the dates became current for our priority date and we were able to apply for the I-485. She is the primary applicant and I am the dependent on her application. Since 2012 the EAD/AP card is being renewed every 2 years. With the EB3 category now going ahead of EB2 does it make sense for her to downgrade to EB3 - Apply for I-140 under EB3. I believe it takes 6 months for approval so we would essentially be doing this preemptively in anticipation of our date becoming current under EB3 in 6+ months.
    Answer:

    Watch the Video on this FAQ: Downgrading from EB-2 to EB-3

    Video Transcript

    I see no problem applying for EB-3 and then using whichever one is faster when the time comes. More...

     

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  3. Tuesday, 2...
    Question: I'm an Indian, living in Canada on PR. I recently applied for a visit visa to the US, and got denied. The main questions I got were regarding University of Farmington. It was a fake university setup by ICE, and then they did a swoop and arrested and deported a lot of the students. I was enrolled into Farmington from Feb 2017 - Feb 2018. <br> I was asked if:<br> 1) How I didn't think it was weird that there were no classes?<br> My response - Well yes, that's why I left after a year<br> 2) So what did you do for a year?<br> My response - waited on more information from the university regarding class timings, and just kinda hung around<br> 3) I was pressed on what I did when I was hanging around, how I paid for things<br> My response - I worked during that time<br> <br> The officer typed up something into the screen for sometime (I'm assuming it's whatever was discussed above) and gave me a denial. <br> I did not want to start a debate about immigration laws or how this was Entrapment, or the "bait car" tactic. I thanked him, took my passport and the pink rejection letter and left.<br> What are my options ahead? Should I:<br> 1) Re-apply and give it another shot?<br> 2) Wait to become a Canadian citizen, then apply?<br> 3) Enroll into an organization that has conferences and such in the US, and based on an upcoming conference (eg: Chicago, or NY), then apply for that conference only?<br> 4) Hire a lawyer to fight this in court as being unfair.
    Answer:

    Watch the Video on this FAQ: What to about past immigration

    problems causing a current visa denial?

    Video Transcript

    I think you should hire a lawyer. Your lawyer should first reach out to the consulate wherever the visa was denied and ask them the reason for denial. At the same time they should apply for Freedom of Information Act (FOIA) request. Get a copy of all the documents that the government has on you. It is a long, tedious process and it could take months or even years to get it straightened out.

    If possible you should also look at 212(d)(3) waiver. These are available for non-immigrant visas such as a tourist visa even though you have a bar from entering the United States. More...

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  4. Tuesday, 2...
    Question: At present I am working in OPT ( expires in June 2020). I have an unused stamped H1B visa which I got in August’ 2013 and my visa stamped in my passport on August,2014. However I never traveled/ worked with this H1B visa and expired in October’2016 without using or entry. I came to USA in January’2016 in F1 Visa. My question is can I use this unused stamped visa for cap exempt as transfer of employer from F1 visa to H1B visa now? or do I need to apply in Master’s cap next year.
    Answer:

    Watch the Video on this FAQ: When does one become

    H-1B cap exempt - change of status/visa stamp?


    Video Transcript

    In your case if we counted from six years from August 2013 when your H-1B was approved, you are then okay or cap exempt till August 2019. But again, the policy has been that they count the six years from the date your H-1B expired which is 2014 not 2013. Policies can change overnight so I think you can apply for an H-1B exemption as an H-1B exempt worker. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  5. Monday, 24...
    Question: Situation: Resigned company A already and Got offer from employer B and applied H1B transfer(premium processing) but received RFE. But I have another offer from Employer C as well who is yet to file my h1b transfer Question:<br> 1. If RFE is denied for employer B Can i join employer C with the receipt notice as Employer C has started H1B transfer by that time ?<br> 2. How long one can stay in US without job/payroll having H1B ?
    Answer:

    FAQ: H-1B joining another employer while a transfer,

    extension or amendment is pending

    Video Transcript

    1. The answer is yes. 

    2. It depends. Normally 60 days grace period is available for unexpected cessation of employment. As long as your I-94 is valid. But let's say your I-94 is valid for only 45 days you will not get a 60 day grace period. You will get a 45 day grace period. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  6. Monday, 24...
    Question: I am already on a cap-exempt H1b working for a non-profit full time. Another employer filed my H1b petition on the cap-subject quota on april 2018 and got an RFE april 2019 and was denied with a reason for maintaining of status. They asked my paystubs from my current employer. My questions are:<br> 1. will there be any impact to my current H-1B?<br> 2. If they only ask for paystubs, can I submit them and initiate motion to reopen the case? what are the possibilities of success.
    Answer:

    Watch the Video on this FAQ:

    Impact on current H-1B if another H-1B is denied

    Video Transcript

    1. No, not if you are maintaining status. 

    2. If the case was denied just for maintenance of status and you have the pay stubs that are required then there is a very high likelihood the case will be reopened. If the petition is denied, then you are still subject to the H-1B quota. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  7. Tuesday, 28...
    Question: 1. I got my H1b approved for a period of one year only and expires on Oct 27th, 2019. I work through a consultancy. Any precautions I can take in the future which can help me getting the H1b approved for 3 years in the upcoming H1B extension after Oct 27th, 2019. <br> 2. Any particular documents needed for getting the H1b approved for 3 years?<br> 3. If I go for stamping, do I need to be careful with social media at the port of entry? Any tips or recommendations you can give with reference to social media during port of entry? <br> 4. My EB2 priority date is Feb 4th, 2015 and I'm planning to marry a girl who is a Nepal citizen and she's on OPT right now. Can I move my priority date to EB2 Nepal category after marriage? If yes, what would be my next steps - how soon can I file for I-485 interview?
    Answer:

    Watch the Video on this FAQ:

    How to get H-1B approved for three years, not shorter duration

    Video Transcript

    1. Typically the only way you can get three year extension is if you can prove that the project will go on for three years. 

    2. Typically a client letter.

    3. Make sure your social media is not in any way in contravention or opposition to what you have been saying to the government.

    4. Once you get married you are entitled to cross chargeability and you can be charged under Nepals category which is available right now. As soon as you get married you should have your lawyers write to the government and ask for cross chargeability. Probably within a few months you could be scheduled for an interview, which again depends upon how busy the local office is. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  8. Wednesday,...
    Question: 1. I am currently in H1-B more than 10 years in the USA and I have approved I-140 priority date Mar 2011 - EB2. My current employment is getting over in 3 weeks. And my current H1-B and I-94 expires in mid-August 2019. My question is if I am not able to find another job within my H1-B and I-94 expires on Mid August 2019. What are the options available for me to legally stay in the USA after my H1-B and I-94 expires? I have own house. Is there an exceptional case we can file GC EAD? <br> 2. Without a job how many days i can stay in USA before my I-94 expires using I-140?
    Answer:

    Watch the Video on this FAQ:

    Options to stay in the USA after expiration of H-1B

    Video Transcript

    1. I don't think you would get the tourist visa or tourist status but you can apply for it.

    2. 60 days is the total time.

     

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  9. Thursday,...
    Question: My employer has filed my h1 and asked for a change of status with H1 filing and got an RFE(As i am filing from CPT-F1 to H1) relating to --Maintenance of Status<br> --CPT Related<br> --Multiple years of CPT at the same Education level<br> The lawyer is asking me to change from Change of status to Consular Processing and go to India and stamped and come back.
    Answer:

    Watch the Video on this FAQ: Multiple years of CPT

    Video Transcript

    All in all I think changing to a consular processing is one of the ways you can go. It also depends upon how aggressive you want to be. But if you want to be more conservative, go ahead and change to consular processing. More...

     

     

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  10. Tuesday, 2...
    Question: I am currently located in India and working as a Technical Architect in software MNC. I had a prior H1B valid from Feb 2008 till Dec 2014 which was sponsored by my previous company and has about 17 days left in it to complete a total of 6 years. After this I have joined a new firm, so wish to know if my current company or a new company can file for a Green Card while I am still in India. If yes , what is the way forward?
    Answer:

    Watch the Video on this FAQ:

    Filing employment based green card while living outside USA

    Video Transcript

    The answer is Yes. Any company as long as it is done in good faith to hire and to be hired, they can file your green card while you are living in India. More...



    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

     

     

  11. Thursday,...
    Question: As I have used my CPT for more than 1 year at the same master level and already completed OPT for the 1st master and currently working on CPT for almost 2 years. As per Aug 8th, 2018 Memorandum Am I violating the rules and will start counting Unlawful presence from FEB 5th 2019? Or Unlawful Presence should be count from 6 months from FEB 5th 2019 which is AUG 5th 2019? If this is true then what are my options here?
    Answer:

    Watch the Video on this FAQ: CPT, OPT, Unlawful presence

    Video Transcript

    What I tell my clients is if you have already done it and you are okay with a three year bar potentiality with it again another potentiality for 212 (d) (3) waiver, which should be given in cases like this where they let you take a nonimmigrant visa even though you have a three year bar. More...

     

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.



  12. Tuesday, 26...
    Question: My wife's I-140 was approved and I was also on her I-140. My non-profit employer also filed my PERM and is pending with USICS. If I have to switch employers before my I-140 approval and pending 180 days, I am assuming that my new employer would have to file my GC all over again. Given that I was on my wife's I-140, will I be eligible for H1 extensions after my 6yr period if I don't have my own I-140? Also, can I change employers and my job roles once I have my I-140 approved and pending for 180 days?
    Answer:

    Watch the Video on this FAQ: Getting H-1B extensions based on of I-140 approval of spouse

    Video Transcript

    The answer is Yes. If you leave before the I-140 is up, before the PERM is approved, you will not get anything out of that process. If you leave after I-140 approval you will still have to start your green card all over again, but you definitely carry with you, your priority date. On top of that you may also be able to carry in the right to extend H-1B with any employer as long as the I-140 was approved and stayed approved for 180 days. After that, even if it is revoked by the old employer your rights are not disturbed. More...


    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

     

  13. Friday, 22...
    Question: I was planning on going to India for vacation (after I graduate, before I start work) and I had some questions about whether that would be alright from an immigration stand point. My lawyers are filing my H1B visa application this April; would there be any potential issues with the application if I was to leave the US in May/June?
    Answer:

    There are multiple issues involved in traveling.

    First, if someone travels while a change of status request is pending, they will have to obtain a visa stamping or reapply for an H-1B for change of status to activate the H-1B on or after October 1.

    Second, getting visa stamping is by itself a highly uncertain process that could take from days to months. The consulates reopen and dissect the entire H-1B case from the ground up and try to find any reason they can to deny the case.

  14. Wednesday,...
    Question: I recently got my Green Card. I'm planning to look for a part time job in addition to my full time job to make some extra money. Is it Legal to do this on Green Card without breaking any laws ?
    Answer:

    Watch the Video on this FAQ: Getting a second job after green card approval

    Video Transcript

    Absolutely, why not. Once you get your green card approval you can take as many jobs as you like. More...

     

     

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  15. Thursday,...
    Question: My previous employer deducted half of my monthly salary and put deduction under loan in salary sleep. I never took any loan from him or never signed any document. Previously he asked me to pay all H1b expenses in email which i refused and seems like he has deducted amount as retaliation of my resignation. Can he take bonus back as loan(deduction he mentioned in salary slip as loan) from my salary which was given to me in 2016 and 2017? if he can then I don't have anything to claim.What are my legal options considering I never took any loans? is it worth fighting him considering my H1b status and can he harm me with my status or application (which he intend to do as he said in 1 to 1 meeting) ?
    Answer:

    Watch the Video on this FAQ:

    H-1B Employer deducting money from salary

    Video Transcript

    The answer is No. Absolutely not. Bring it up with the wage and hour division and do it quickly because I think they can go back only one year in time. If you are talking about 2016 it might already be too late for that and 2017 might be too late for that. But it does not hurt to at least to bring it up with the wage and hour division. Please discuss this with your lawyers. More...

     

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  16. Friday, 1...
    Question: I saw your video on doing business on H1b and understood most of the things such as applying concurrent H1b if I want to be actively involved in the business. I have 3 questions related to the topic. I will open an LLC or any other type of entity that my CPA will suggest but <br> 1- I plan to start with a simple e-commerce business (selling online on a website and other platforms such as Amazon). How tricky is it to get approved for a Concurrent H1b for managing this type of business? I work in IT but I do have MBA and MS degrees from USA. I will be managing both the Technical and Management side.<br> 2- I remember that Concurrent H1b will have to abide by all rules of H1b. Will this means that I have to have start-up capital of more than yearly prevailing wage of CEO in the bank to qualify? I plan to start with 10-20K.<br> 3- Will this Concurrent H1b will be cap-exempt or I have to go through the lottery for this?
    Answer:

     Listen to the Audio on this FAQ: Doing business while on H-1B


    Audio Transcript

    I think the problem here is I don't think we can prove that your job requires the Bachelors Degree, so unless the job requires the Bachelors Degree in a specific subject, we cannot get an H-1B for that job. There is no start up capital requirement for an H-1B. Directly there is no such thing, but of course indirectly the government can say that we want to be assured of the veracity of the company we want to know that you have enough money or start up money to secure the job. They usually don't ask.

    Concurrent H-1B is cap exempt. It is not subject to the cap. If your main H-1B is already capped you have gone through the quota once concurrent H-1B will not be under the cap. The difficulty I see is that your job is not specialty occupation. Other than that, I think it can be done. More...

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  17. Wednesday,...
    Question: Recently, there was an ICE raid on students enrolled in University of Farmington, Michigan. I was temporarily enrolled for a year and half there (Feb 2017 - Nov 2018). I left USA on my own volition in May of 2018. The univ eventually terminated my SEVIS for non-payment in Nov 2018. I'm looking to apply for a tourist visa to USA. What potential issues might arise?
    Answer:

    Listen to the Audio on this FAQ: University of Farmington, Michigan issues

    Audio Transcript

    Tourist visas itself is a visa that can be denied on so many grounds. It is difficult to predict. You can try. Just make sure you don't make any misrepresentations or active concealments of facts because that can lead to a permanent bar from entering the USA. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form

  18. Monday, 25...
    Question: My parents are getting ready to file their N400 naturalization application online soon. Here is their situation : They got their Green Card ( I sponsored them) in April 2013. They have made four trips to India , two of which were less than 32 days. However one trip in 2013-2014 was for 204 days but this trip is outside of the 5year look-back period now. They took another trip in in August 2014 ,returning in March 2015 for a total of 193 days outside. They had to stay back longer due an unexpected health issue when my mom had to undergo surgery. They have paid filed their tax returns as a resident for every year since getting their GC even-though they do not owe any taxes - they do have some passive income in India. They do live with me and while they have bank account there are not many transactions in it. Also they have medical coverage through ACA where they get premium assistance. Would 5 years of tax returns along with medical documents that show my Mom's diagnosis and surgery followed by physiotherapy be sufficient to overcome the presumption of abandonment of residence in US because they stayed about 13 days more than 180 during their trip in 2014-2015 ?
    Answer:

    Listen to the Audio on this FAQ:

    Naturalization, issue, stay outside for medical reasons

    Video Transcript

    The answer is Yes. If you have a good medical reason like you do you should be able to explain that delay. If she is not able to travel because of surgery and because of extended physical therapy I think you should be fine. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  19. Monday, 25...
    Question: I had an approved i140 from employer A for over a year. And my wife has her H4 and EAD approved recently (employer A). In between, I switched to a new employer B and they have filed her H4 and EAD together with my H1b application. Currently her H4 & EAD is pending from employer B, but my H1b from employer B is approved. my i140 with employer B is not started yet but previous employer i140 was approved for more than 180 days. In this scneario, can the H4EAD approved with my previous employer A's i140 can still be used/valid?
    Answer:

    Listen to the Audio on this FAQ:

    Is H-4 EAD tied to an employer of H-1 holder or to an I-140?

    Video Transcript

    An H-4 EAD is neither tied to a particular employer nor to a revoked I-140, if the I-140 stayed approved for 180 days and any one of those 180 days fell on January 17, 2017. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

     

     

  20. Wednesday,...
    Question: I am with my current Employer since 2008. My GC is filled in EB2 with Aug-2010 Priority Date. Only I-140 is approved so far.<br> 1) Can my employer file me under EB-3 concurrently without affecting my existing EB-2 filling?<br> 2) If yes then what is the procedure for that? Do I have to do my labor and I-140 once again?
    Answer:

    Watch the Video on this FAQ:

    Downgrading a case from EB2 to EB3 for priority date advantage

    Video Transcript

    1. Your EB-2 does not get affected. You can file EB-3/I-140 and I believe you can file a I-485 also if your dates are current.

    2. Just the I-140. More...

     

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

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