US Immigration Questions

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form. This answer is for information purposes only and does not create an attorney-client relationship.

Extending Green Card while applying for naturalization

Question details

My concern is about the Applying for Citizenship for myself and spouse, and with our passport and GC expiring criteria.
My GC and my spouse’s GC have a expiration date of Sep-2023
My Indian Passport have expiration date of Jul-2024 and my spouse’s on Mar-2026
I am pretty much ready with all the documents (been working on it for some time) to start our citizenship application by myself, according to the U.S Naturalization website for my region (New Jersey) it shows the processing time as 16 months. And if I apply now, during the processing period my GC will expire.
Is it okay to apply for citizenship now and then around July start my renewal of GC? Are there a process to update GC info after a citizenship application is submitted and is in processing? Would any part of GC numbers change when I get renewed? Or would you suggest that I renew the GC first as soon as I can and then apply for citizenship? If I do this then I will have to renew my Indian Passport as well I think, if there is not enough time.

 

ANSWER
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FAQ Transcript

The situation has changed a couple of months back. Now the government says if you apply for naturalization even in the last month of your green card USCIS will send you a receipt that says your green card is extended for two years. With the receipt, you can work  as well as  travel.

Citizenship and Naturalization

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Layoff while on an H-1B visa - what if I cannot find a job in 60 days?

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  1. I am on H1B VISA and was notified that my employment will end on January 20th. I am actively seeking new job opportunities. Can you please let me know what happens if I am still interviewing after 60 days and become out of status? 
  2. Do I have any other options to change my VISA status before/after my employment is terminated and I fail to secure a job before the 60-day period is over? 
  3. Does my VISA become invalid after the 60 days or can I still find a job and reactivate it if I get an offer after the 60-days?
ANSWER
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  1. You file for B-1 B-2 and you can do it online. You do not go out of status. Do it within 60 days.
  2. No, it does not.
  3. Talk to your lawyers. I think applying for tourist status is probably a good strategy.

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Consequences of employer withdrawing I-485 Supplement J

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Currently working with Employer B.
My PD - EB2 India, Aug 2013 with old employer A
Sep 2022 - Filed I485 with Employer A's I485J (which he provided that I will join his consultancy company)

  1. I always intended to join him but we couldn't find a new project in this market. He mentioned he is going to withdraw the I485J and I140.
  2. Will it be a right-away denial, RFE or USCIS will issue NOID?
  3. If USCIS issues RFE/NOID and the response date is after the 180 days mark - Can I provide 485J from my current Employer or any other employer or self-company?
ANSWER
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1. It is not required by the law.
2. Probably a NOID and if USCIS wants to be nice to you they will send you an RFE giving you more time.
3. If USCIS issues an RFE you have to wait 180 days from the date of filing and after that you should be able to submit any employers I-485 Supplement J.

 

Green Card

Immigration Law

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Qualifying for EB-1C green card by working abroad for a year || Expected processing times for EB-1C for an L-1A visa holder from India

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Background:
Working in the US on H1B, approved I-140 7 Years back in EB2. Now, there is an opportunity in my current company to manage 1 or 2 employees outside the US. And the same in the US. If the EB2 India dates don't have a good future after this year, I am thinking of going out of US work in managing capacity and coming back on L1A and trying EB1C.

1: With just 1 or 2 employees (senior resources e.g. VPs or AVPs in the financial domain ) reporting to me, how are the chances to get EB1C approved?
2: In your opinion, do you see EB2 India touching 2015 anytime this year, considering they have some spill over from last year? Or you suggest a plan for EB1C if the situation exists?

 

ANSWER
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  1. It is a very difficult question to answer.
  2. It is difficult for anybody to predict as it is all  statistical and there are so many variations possible

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Entering the U.S. on a visitor visa while green card is pending || qualifying for Visa Waiver Program (VWP) || Spouse visa through H-1, L-1, or O-1 || Any special visas for UK, EU, Singapore, Dubai or Australia

Question details

Have any rules changed regarding getting a spouse visa through H1, L1, or O1? Also is traveling on a tourist visa to the US after marriage not ok, with a pending GC application? Finally, does the US have any special agreements with the UK, EU, Singapore, Dubai or Australia for visas that may qualify in this scenario?

ANSWER
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FAQ Transcript

Regarding the rules for getting a spouse visa through H-1 L-1 or O-1 nothing has changed.

It is certainly fine traveling with a tourist visa to the US after marriage, if you can convince the government that you are not going to break the laws which means staying in violation of your visa.

Regarding the US having any special agreements, there are only two kinds of visitor visas: regular ones and visa waiver or ESTA visa. There are special visas for example in Australia there is something called an E-3 visa which is very much like an H-1B and more or less a dual intent visa.

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Pending I-485 gives you the right to stay in the United States

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My I-140 and I-485 is pending, my OPT has  expired. Can I stay back in the U.S until I get my green card EAD ?

ANSWER
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FAQ Transcript

Sure, because  you have your I-485 pending. Having a pending I-485 gives you the right to stay in the United States.

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L-1 Layoffs

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If someone is on L-1 and got laid off, what are the alternatives?

ANSWER
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FAQ Transcript

Pretty much the same as H-1. 60 days grace period and if you still cannot find a job, leave the country or convert to student status if you want to go to school or B-1/B-2 if you want to just wait it out and look for jobs.

 

Comments

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by KK (not verified) on Fri, 02/17/2023 - 12:39 Permalink

First of all - My compliments to you. Your explanation / response is well outlined and reflects genuine desire to help, always.

- My question is with EB1C premium processing - is it the same time for Indian passport or another country passport. - After EB1C is approved - how much time it takes usually for the green card.

- Another question - Is Hong Kong Passport counted as China Passport and is by any means Hong Kong passport be beneficial for faster processing of EB1C or Green card.

- Last question - After 6 months of filing of change of status/ I 485 - What are the risks/ chances of not getting a green card, if for some reason I want to change job or start business in the US? To start a business do a need a separate visa?

Thanks KK

Disclaimer
This answer is for information purposes only and does not create an attorney-client relationship.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Thank you. We look to the country of birth for green cards, not citizenship.

Your last question will require some discussion. You are welcome to post a message for our next community conference call. We have one almost every other Thursday. https://forums.immigration.com/forums/free-conference-call-for-us-immig…

If you cannot wait, feel free to set up a consultation with us: https://www.immigration.com/our-fees

Disclaimer
This answer is for information purposes only and does not create an attorney-client relationship.

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Visiting Canada on F-1 visa status

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Can I visit Canada with a valid F-1 Visa or do I need to take another visa ?

ANSWER
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FAQ Transcript

If you are on F-1  status, you can definitely go to Canada.

 

Nonimmigrant Visas

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U.S. Immigration work authorization act changes in 2023

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Is there a possibility of getting approval for H-4 visa work authorization act this year?

ANSWER
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FAQ Transcript

 Nothing is going to happen on immigration this year.

Nonimmigrant Visas

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F-1 change of status and H-4 expires

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If I were to file for F-1 but my H-4 was going to expire would I have to file for an H-4 extension?

ANSWER
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FAQ Transcript

No. So if within the life of your H-4 you apply for F-1 change of status and if the H-4 expires that's fine. By the way, H-4 allows you to go to school. As soon as you file for the F-1 you should  be able to continue going to school. Also check with your DSO. 

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