General Nonimmigrant Visa FAQs

Tuesday, August 13, 2024 - 08:10

H-1B options as an F-1 student on STEM OPT in a nonprofit university: Cap-subject vs. cap-exempt strategies and transitioning to cap-subject H-1B in the future

Question

I am currently in my second year of OPT ( my stem OPT expires in December 2025), and I am working as a software engineer at a Nonprofit university.

Here is my plan for scenarios that might happen, and I need your help to tell me if I am on the right path or completely moving in the wrong direction.

My employer agreed to file an H1 at the end of the stem opt, but I plan to ask my employer (a non-profit) to file a cap-subject visa for me. Everything will be fine if they do and it gets picked. If not, I have a long-standing offer ( with a project ) from a consulting firm who will file for me.

- My question is, either way if lottery doesn't get picked i am planning to go with cap exempt route from my university.

- If I have an H-1B cap-exempt visa and my lottery gets picked any time in the future, the chances of the client waiting till Oct 1(visa start date) can be unpredictable. Is there a way to bypass this by moving to day one CPT or any other visa and starting working immediately with the client? I heard that it is practically impossible to move to cap subject if i have cap exempt visa and my priority is cap subject.
 

Answer

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Tuesday, August 13, 2024 - 08:06

H-1B extension pending: Impact of traveling to India using old visa, returning with 2-3 days remaining on visa, etc.

Question

My current I-797 and H-1B visa stamping is valid until 03rd December 2024. I have filed for an extension. Can I travel to India while my H-1B extension is pending? Does it have any impact on my I-797 approval and its validity period, as my I-94 will be changed upon my reentry to the USA?
I am traveling to India for Medical reasons in the month of September and will return on December 1st, 2024. If my H-1B is not approved by December 1st, Can I enter the USA with 2-3 days of Visa stamp validity, and what justification could I give with only 2-3 days of stamping validity?

If my H-1B is approved while I am out of the country or during transit, Can I enter the USA with the existing H-1B stamping?

My work is remote, and I can work from anywhere. Can you provide me with a better solution than the 2 options below?

1. If my visa is not approved by then, I will travel to India and return to the USA before December 1st.

2. I will continue to stay in India until I get my visa approved and get the stamping done before reentry to the USA. Premium processing is no option for me as my employer will not support citing RFEs as the reason.
 

Answer

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Monday, August 12, 2024 - 03:58

Impact of DWI conviction on H-1B holder's H-4 dependent visa stamping and future travel considerations

Question

I got a DWI in January 2024 and was convicted of two misdemeanors (DWI+ Eluding police) in June 2024. I have an H1B petition valid until 2027, and my visa stamping has already expired in March 2024. I'm not traveling to India for now, but my wife and kid are going to India in December. Will there be an impact on H4 stamping, which will be dependent on my H1B petition? Do I have to send all papers to them, like the court decree, the court certificate of registration of actions, the charge sheet, etc.? I have a home in the USA, which I bought in November 2022. Can I also travel to India? What will be my future in the USA? Please advise if there will be an impact on visa stamping on my wife's visa.
 

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Monday, July 29, 2024 - 02:35

H-1B Grace Period Related Issues

Question

I have just 50 days left on my H1B grace period, and I need to get an employer to transfer my H1B, or I will be kicked out of the States. My question is, which of the following paths should I choose?

1) I have a Canadian visitor visa, which is for six months, so can I go to Canada if I don't get a job by the grace period?

2) If I don't get an employer should I shift on B1/B2? If I do, how can I come back on H1B? Is there anything else you suggest to keep my H1B active?

 

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Monday, July 15, 2024 - 02:07

Eligibility for 1-year H-1B extension under 365-day rule based on PERM filed on November 1, 2023

Question

My PERM was filed on November 1, 2023, and my current visa expires on October 10, 2024. Am I eligible to apply for a one-year extension based on the 356-day rule? If so, is July a good month to apply for a one-year extension?
OR do I need to travel back to my Country and apply for an extension after 1st November 2024?

 

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Tuesday, June 25, 2024 - 12:37

Work authorization, visa stamping, and optimal strategy for a laid-off H-1B professional

Question

  1. I was on an H-1B visa and got laid off. I then switched to a B2 visa to extend my stay in the US after the 60-day grace period. My B2 visa is about to expire. I can request an extension of the B2 visa, but I want to enroll in a master's or a PhD program. Once I switch to an F1 visa, will I be allowed to work on H-1B (or any other visa) if I get a full-time job during my course period? If I am allowed to work, can I also continue my course?
  1. When the F1 is approved, will I have to leave the US to get my visa stamped and re-enter (as I am currently on a B2 visa)?
  1. What would your suggestion be considering the different visa options I have? Should I extend my B2 visa or switch to an F1 visa?

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    Monday, June 24, 2024 - 05:16

    Extending parent's stay in the U.S. beyond six months on a B-2 visa

    Question

    I have a question about my mother's stay in the US on a visitor (B2) visa. I am an IT Professional in the US on an L1 work visa along with my family (spouse & kid). My only sibling (younger sister) is also settled here in the USA. My father passed away a couple of years back in India. My mother is 60+ years of age, and currently, there is no family member in India to stay with her at all times. She visits the USA and stays with us for six months at a stretch during the year. Considering her health and emotional support needs, I am looking for options to have her stay with us long-term (beyond a six-month period in a year). As is the case in this scenario, are there legally valid options/exceptions for old-age single parents?

     

    Answer

    Video URL

    Wednesday, June 12, 2024 - 09:53

    H-1B 60 days grace period H-1B transfer; Impact of switching to B-1/B-2; and family visa validit

    Question

    1. I am currently in a 60-day grace period due to a layoff and am in the process of finding a new employer to file an H1B transfer. I have two questions regarding my situation:
    If I apply for a B1/B2 visa on the 59th day of my grace period and it is approved within two weeks, can my new employer still file an H1B transfer using premium processing? 

    2. Specifically, I am concerned about the impact of my status change from H1B to B1/B2 and then back to H1B on the processing of the transfer.

    3. My family members hold a valid US visa stamping until March 2027, which was obtained using my previous employer's I-797. Can they enter the US using this existing visa with a copy of my new employer's I-797 at the port of entry?

     

    Answer

    Video URL

    Monday, May 27, 2024 - 05:34

    Procedure to recapture H-1B/L-1 time outside the U.S.

    Question

    During the last three years on H-1B, I have spent approximately one year outside of the US (multiple visits to India). What is the procedure to recapture that time and add it back to my H-1B total time?

     

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    Video URL

    Monday, May 27, 2024 - 05:29

    B-2 visa dilemma: Extend or switch to CPT for PERM/I-140

    Question

    I am currently on a B2 status and waiting for PERM approval. I have extended my B2 once, and I still think I would need another six months until my perm and I140 get approved. I need your suggestion in making a decision:

    Should I move to day 1 CPT OR extend my B2 for another six months?

    Which one will be the best option so I don’t get any RFEs from USCIS in the future?

    I have another question: My parents and brother have their B2 visa interview scheduled for May 31st. If they ask my parents about me, is it a good idea to mention my situation in the interview?

     

    Answer

    Video URL

    Monday, May 27, 2024 - 05:23

    Options when H-1B project is canceled

    Question

    Scenario: Currently working for company A. Company B has filed H1B petition and gotten approval for Oct 1st start date. Unfortunately, Project with company B goes away before Oct 1 and company B doesn't revoke my visa before Oct 1st.

    1) Since I will automatically move to H1B on Oct 1st and I don't have that project anymore, can I continue to work for my current employer using the new H1B visa? (What options I have if I want to use the new H1B visa and work for the same employer?)

    2) In the same case, will company A be notified about my new H1B visa on Oct 1st?

    3) Will company A have to rehire me for H-1B transfer? or can I continue to work with them while the transfer is pending?

    4) How would it work if I find a new project through a new company C? Would they need to file for H-1B transfer as well ?

    5) What info can USCIS ask for H-1B transfer in that case? What sort of RFEs may come up?

     

    Answer

    Video URL

    Wednesday, May 15, 2024 - 08:35

    EAD delayed - options

    Question

    If EAD approval is delayed and the employment is no longer valid unless the EAD is received by USCIS, then the employer has to terminate the employee. Can the company send the employee on leave without pay temporarily until the EAD is received? Both can be done, and it is up to the company how they want to handle the case.

     

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    Video URL

    Friday, May 3, 2024 - 06:16

    What is Cap Gap Extension? How does it work?

    Question

    1) Is H1B cap-exempt to H1B lottery-based considered a change of status?

    2) If I currently have an H1B cap-exempt visa and am filing for an H1B petition in June, when can I not travel outside of the US - from now to June, June to Petition Approval, or from Petition Approval to Oct ? My current H1B visa would be valid until Nov.

     

    Answer

    Video URL

    Friday, May 3, 2024 - 05:40

    H-1B lottery layoff before start, Automatic status change, Multiple filings, and Traveling

    Question

    Case: Picked for H1B lottery.

    - What happens if the company lays off after June but before October 1? Would I stay on my current visa status? Or will I be on H1B but with a 60-day timeline to find the next job?

    - Does the status automatically change to H1B on Oct 1? or does immigration require paystubs for a couple of weeks to prove our employment?

    - If I file the petition with two companies separately, how will immigration decide which one to approve? Will they approve both?

    - Are there any travel restrictions from June to Sept

     

    Answer

    Video URL

    Tuesday, April 2, 2024 - 09:30

    Unemployment Benefits for H-1, H-4 + EAD Holders with Previous H-1B Employment

    Question

    Can someone in H4 + EAD status receive unemployment benefits if they only worked on H1b status? Would receiving such benefits be considered a public charge or have any other negative impact down the road?

     

    Answer

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    Friday, March 22, 2024 - 03:00

    H-4 EAD or otherwise & Remote Work for Indian Company: Legality and Considerations

    Question

    I have H-4 EAD. However, I have not yet found a relevant IT job. Can I take up a remote job offer from one of the Indian payroll companies? Is it allowed legally?

     

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    Tuesday, February 20, 2024 - 03:34

    FAQ: H-1B visa and entrepreneurship: Launching a business with US citizen brother, Shareholding, Green card

    Question

    I am currently on an H-1B visa. I am planning to start a business with my brother who is a US citizen and needs some guidance.

    1) Until the business is operational and generating revenue, can I just be a partner in the company without doing any work visa application with it?

    2) Can I have more than a 50% share in that company? If so, would that impact anyhow my H-1B with the current company?

    3) In the future, if I want to file for concurrent or full-time H-1b through the new company, is it difficult to get it approved if my brother and I are the partners of the company?

    4) Once I am on an H-1B visa in this new company, can the company file for my green card in the EB-1 or EB-2 category?

    5) Does the company need to meet any specific conditions before sponsoring for H-1B and Employee-Based Green Card such as being E-Verified or having at least few citizens before hiring non-citizens?

    Answer

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    Tuesday, February 20, 2024 - 03:16

    Blacklisted employer, F-1, H-1B, L-1 turned back at the airport

    Question

    My friend's F1 visa was recently revoked, and he was forced to return to India because his first employer had been placed on a blacklist. Also, he has applied for an OPT extension, which will provide him with an updated EAD, but we don't know how this would affect the process of getting the New EAD. He is working with a firm on a contract job now, but the end client which is a state gov company is considering him for Full time and can sponsor him for H1B. His old EAD expired on the 9th of January. He was traveling from India to the States on the 4th of January and was sent back. Questions: Is there any way that he could reinstate his Visa? Can the company sponsor H1B directly, if so what documents would the company need? If the H1B is picked, when can he travel back?

    Answer

    Video URL

    Monday, February 5, 2024 - 02:16

    The path for an entrepreneur from STEM OPT or H-1B

    Question

    I'm on F-1 OPT with a STEM MS Degree. If I put a startup, I will be performing my roles directly related to the degree.

    1) To establish employer-employee relations would having a board of directors be sufficient during STEM OPT?

    2) If I apply for EB2-NIW and get I-140 approval then can I immediately shift to other non-tech roles within my startup (CTO -> CEO) Or do I have to wait for 6 months before doing that, all the while when I-485 is pending?

    3) If I shift immediately and use I-485 EAD instead of F-1 EAD, then can that lead to I-485 being rejected?

    Should I wait at least 6 months before using I-485 EAD? Also, if the startup fails, does that discontinue my I-485 process having approved I-140?

     

    Answer

    Video URL

    Friday, January 26, 2024 - 04:44

    Optimizing H-4 EAD options and bundling premium processing for H-1B and H-4 extensions

    Question

    Currently on an H-4 visa valid until June 2024. I'm seeking your advice as I try to figure something out.

    I'm a bit unsure about when to apply for my Employment Authorization Document (EAD), and I am considering the following options:

    Option 1: Apply for H4 EAD now (first time - applying separately) since my I-94 is valid until June 2024. If I do this, can I keep working after June 2024 while the H4 extension and H4 EAD are in the approval process if the H4 extension is applied before June 2024?

    Option 2: Apply for H4 EAD (first time) + H1B extension + H4 extension using the Premium processing option, probably during June 2024. Will the H4 EAD be approved in 15 days if all three (H4 EAD, H1B extension, H4 extension) are applied together in premium processing? Also, will the H4 EAD have a validity of three years if the H1B and H4 extensions are approved for three years?

    Please guide me on which option is simpler and better or any other better solutions.

     

    Answer

    Video URL

    Thursday, January 25, 2024 - 07:20

    H-1B lay off 60 days grace, options including B-1/B-2, approved I-140, Severance pay

    Question

    Many have asked this question before, but since rules and situations are always different, so here I go - I'm on H1B with an approved I-140.

    A layoff recently impacted me - my last day on payroll is 10th Feb 2024. I will also receive a severance (lumpsum) within 75 days of Feb 10th. My questions are -

    1) Given the market, it may take more than April 10th to finalize an offer and start the H1B transfer. What are the options ( if any ) to extend my stay beyond April 10th?

    2) Many suggest applying for B1/B2 (I'm single, have no spouse to move to H4, etc), but I also hear if it's rejected then the time of my stay after April 10th will be an illegal presence, is that true?

    3) Say I receive the severance lump sum on March 15th -- are the days from Feb 10th until March 15th counted on company payroll?

     

    Answer

    Video URL

    Tuesday, January 23, 2024 - 01:54

    Implications of visa fraud by an employer on H-1B, L-1, green card, citizenship

    Question

    I am exploring my options to file a new H1B and would be great if you could provide any suggestions or insights on my current situation.

    My details are -

    1) I have my I140 approved in 2013 with an Employer (XXX IT Services Inc) and had multiple successful H1B extensions until 2017.

    2) My latest.H1B had an I-94 expiry date of May 30, 2017. The extension was timely filed on May 16, 2017.

    3) The work location changed in October 2017 and an Amendment was filed when my above H1B extension petition was still pending.

    4) Amendment Petition was upgraded to premium service in December 2017.

    5) I continued to work for it until September 2019 as no decision was made by USCIS on my amended petition.

    6) I exited the USA in October 2019 to join my wife and kids who were stuck in India for all these years.

    7) In the middle of the year 2020, administrative processing was lifted on my petition and an RFE was issued. However, as I was already out of the USA, no response was given.

    At this point, I came to know that my Employer (XXX IT Services Inc) got into a visa fraud and money laundering case and served a jail sentence as well by 2020. Employees weren't made aware of it at all. Probably that's the reason for not hearing this long.

    My questions are-

    (A) Will USCIS consider my stay between May 2017 and October 2019 as unauthorized, will there be a 10-year bar on me?

    (B) Can I apply for a waiver of inadmissibility on the grounds of an administrative processing hold on my last petition and I left before the decision was taken?

    (C) Will my employer's visa fraud case impact my H1B approval in the future?

    Answer

    Video URL

     

    Thursday, January 11, 2024 - 09:02

    H-1B laid off: grace period, last employment date, health insurance, and legal stay during change of employer

    Question

    1. On my H-1B visa, my last day of employment was date X, but my last paycheck was until date Y but this paycheck was for Severance pay. So, my H-1B 60-day grace period has started from date X or date Y?

    2. Is it mandatory to have health insurance during H-1B 60-day grace period or beyond, and would it affect status or future visa/immigration if failed to get health insurance for some time?

    3. If H-1B change of employer is filed during H-1B 60-day grace period, but during this transfer process 60-day grace period is ended, then is it legal to stay in the U.S. during this period while H-1B change of employer is in process? Or is there a way to stay in U.S. during that period?

     

    Answer

    Video URL

    Thursday, January 11, 2024 - 04:44

    Transitions From H-1B job loss to B-2 status and impact on future H-1B employment

    Question

    I entered the country back in 2019 to complete my Masters degree (F1 Visa). I am on an H1-B visa, which was approved last year (10/01/2022 - 10/10/2025). However, I have yet to go to India, so visa stamping is incomplete. I got laid off on December 14, 2023, so I am on my 60-day grace period. Suppose I cannot secure a new role within the 60-day grace period. In that case, I am considering changing my status to a B2 visa to extend my stay and continue looking for an opportunity. However, since my H1 visa is not stamped, will that create an issue filling for a change of status to a B2 visa? And when I land a new job returning from B2 to H1, would that be an issue since the visa won't be stamped either?

     

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    Video URL

    Thursday, January 11, 2024 - 04:08

    Holding two full-time IT jobs on H-4 EAD

    Question

    Can one do two full-time jobs in IT/Software development when on H4 EAD? Is there any downside to it on any kind of future approvals by USCIS?

     

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    Video URL

    Wednesday, December 20, 2023 - 00:53

    Converting from B visa to any other status such as H-1B, etc.

    Question

    I have a valid B-1 visa and have traveled to the US recently in April 2023. Now my H1B petition has been approved, and I am eligible for Dropbox. My employer is telling me that if my case does not get approved in Dropbox, he is asking me to travel on B1 and then get the status converted to H1B. In my I-129, it was mentioned as a change of status, as my I-94 was valid when my H1B was approved. I wanted to know if there will be any issues with coming to the US on B1 and changing the status if they call me for an interview in Dropbox. Also, I want to know if it is possible to switch employers with an approved H1B petition before getting my visa stamped. If I change the employer, will it have any issues?

     

    Answer

    Video URL

    Wednesday, December 20, 2023 - 00:53

    Converting from B visa to any other status such as H-1B, etc.

    Question

    I have a valid B-1 visa and have traveled to the US recently in April 2023. Now my H1B petition has been approved, and I am eligible for Dropbox. My employer is telling me that if my case does not get approved in Dropbox, he is asking me to travel on B1 and then get the status converted to H1B. In my I-129, it was mentioned as a change of status, as my I-94 was valid when my H1B was approved. I wanted to know if there will be any issues with coming to the US on B1 and changing the status if they call me for an interview in Dropbox. Also, I want to know if it is possible to switch employers with an approved H1B petition before getting my visa stamped. If I change the employer, will it have any issues?

     

    Answer

    Video URL

    Friday, December 8, 2023 - 07:03

    H-1B visa transfer before arrival into the USA

    Question

    This is regarding the H-1B transfer from India before working for Employer.

    I have the H-1B visa stamped with employer A, but now I want to transfer the H-1B to Employer B. I have not yet entered the USA and I have not started working for employer A.

    Can I transfer the H-1B visa to new Employer B, and what are the mandatory documents that are required?

    Also, I wanted to know if the pay slips are mandatorily required for H-1B Transfer as I don't have any. Looking for more details about pay slip requirements.

    If I can transfer my H-1B to Employer B, then should I travel to the USA and then start the process or should I do it from India?

     

    Answer

    Video URL

    Monday, November 20, 2023 - 06:11

    Handling a temporary break on the H-1B visa: Transitioning from work to school and back

    Question

    I am working on an H-1B visa, and I want to leave my job and join full-time school for a couple of years. I want to start working again using my same H-1B visa when my studies are completed. So, how can I do that by staying within the U.S.?

     

    Answer

    Video URL

    Monday, November 20, 2023 - 06:07

    Working outside the United States on H-1B visa and the implications for remote employees

    Question

    Is there any legal limit on how many days a H-1B employee can work outside the  United States? A quick search around forums, I came across 30 workdays to 60 workdays being the limit BUT it was a comment from someone and hence unreliable.

    My workplace in the USA is my home, I am fully remote and LCA filing has Place of Employment Information as my home address in the USA. I got picked on H1B just this year and I have been outside of the States since the 23rd of September. My H1B obviously started on Oct 1st and I have a situation here at my home and only planning to return in the middle of December. I had/have some days of leave/vacation in October and November. So, won't be fully working. I counted the days that I will work till mid-December, and it summed up to about 42.

     

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    Monday, October 23, 2023 - 06:01

    What is a 212(a)(6)(c)(1) refusal of visa?

    Question

    My entry into the United States was denied a few months back, and my H1B visa was canceled saying that I need to re-apply for a new visa and I agreed to that. A few days back I attended an interview on H4, but the interviewer was asking about the canceled visa and gave me a refusal worksheet Section 212(a)(6)(c)(1). I'm wondering what's happening here, could you please help me with this?

     

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    Video URL

    Tuesday, September 12, 2023 - 05:44

    H-1B approved after the lottery, can we change employers? Multiple employers in H-1B lotteries

    Question

    Question 1: Can my H-1B be approved after the lottery, and can I change employers?

    Question 2: Do I need pay stubs for an H-1B transfer?

    Question 3: Can I have multiple H-1B employers?

     

    Answer

    Video URL

    Monday, August 28, 2023 - 05:24

    Difference between H-1B consular processing and change of status

    Question

    I am on my STEM OPT, and it is valid till July 2024.

    My H1B was picked(March 2022) and approved(August 2022) last year.

    However, my H1B was approved under the Consulate processing and received ( I-797 B). So, I asked my employer about it and got to know that I can change to H1 status whenever I intend to or after my stem opt expires.

    I am planning to go to India in Oct for stamping. So I asked my employer to change my status to H1B, and they mentioned COS is not needed, I can directly go on STEM OPT and get my H1B visa stamped. It will automatically change the status to H1B.

     

    Answer

    Video URL

    Wednesday, August 16, 2023 - 06:27

    Remote work for a U.S. startup: Starting off on managerial duties from India before L-1 visa filing

    Question

    Can an Indian employee start working for a US startup as a manager remotely from India while his L1 is filed a few months later? Will the L1 processing will be earlier for the startup as the employee has been performing the duties and also being paid the required wages (employers ability to pay)

     

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    Video URL

    Wednesday, August 16, 2023 - 06:19

    Job loss situation - Alternatives and return options for H-1B visa holders with approved I-140

    Question

    I have an approved I-140 (Approved in Feb 2022) which is already 6 months past the approval date & my priority date is August 2020. I am currently on H1B visa where I have already completed my 1st 3 years and currently am on the 1st 3 year extension.

    My question is :

    1.If for any odd reason I lose my job in the US, and I am not able to find another job within the 60 days grace period, what alternatives do I have within the US and find a job (H4 is not an option for me currently) ? Would joining a consultancy be a safe option to stop accruing unlawful presence OR compelling circumstance EAD ?

    2. If I decide that going to India is a better option and want to come back after some time to the US, would I be subject to the H1B lottery at any point in future if my 6 years of H1B is exhausted ? What information or documents are needed to assist for returning back to the US ?

     

    Answer

    Video URL

    Tuesday, August 1, 2023 - 23:55

    Starting a new venture as an H-1B visa holder: Establishing an LLC/CCORP and Involvement as a Board Member and Founder

    Question

    1. How can I set up an LLC/CCORP company for a startup while on H1B?

    2. How to become a board member and founder without being an employee while maintaining legal H1B status as per USCIS?

     

    Answer

    Video URL

    Tuesday, August 1, 2023 - 23:53

    H-1B visa holder working remotely from India: Permissibility of working for an Indian company and also starting a business in India

    Question

    I am on H1B with company A and currently working remotely from India. Given US rules don't apply in India -

    1. Can I work for company B which is based in India and whose payroll also runs in India?

    2. Can I start my own company in India while being on H1B for a US company?

    Answer

    Video URL

    Wednesday, July 19, 2023 - 23:59

    Legal options and factors for a future stay in the USA; not selected in H-1B lottery, Master's Degree, and passport renewal

    Question

    Currently, I am holding a STEM OPT from May 2022 until May 2024 (2 years).

    My employer had applied for H1B this year and last year but had no luck.

    Question and suggestion, please:

    1) What are my legal options?

    1.1 Apply for H1b next year in March and wait for the result, In case H1b is picked, how do I process it as my STEM opt expires in May 2024?

    2) Enroll in university for the Master's degree?

    2.1 I have a few classes remaining for my master's as I have finished my bachelor's degree in the USA and I take Day One CPT? Once a master's degree is complete, reapply for OPT and STEM OPT.

    2.2 Should I continue to apply for H1B in the meantime?

    3) If I apply for Master and Day One CPT, do I need to enroll for May–August 2024 (the summer class) or can I enroll for Fall 2024?

    Note: STEM OPT Expires: May 15, 2024, or please suggest any other better option to stay in the USA.

    Lastly, my passport expires in May 2024 as well. Is there any problem there?

    - I'm thinking of starting the process for the renewal online. Should I do it now or wait for some time?

     

    Answer

    Video URL

    Wednesday, May 24, 2023 - 03:33

    Transitioning from H-1B to I-485 GC EAD: maintaining status and re-employment considerations

    Question

    I have received my GC EAD based on my dependent status and am currently on an H-1B visa. However, the project I am working on will soon come to an end.

    Do I still need to maintain my H-1B status, or will I automatically be in GC EAD status if I stop maintaining H-1B?

    If I take a break from work while on GC EAD and then resume working after a 3-4 month period, will my immigration status be unaffected?

     

    Answer

    Video URL

    Tuesday, May 23, 2023 - 03:29

    What are the consequences of H-1B or green card fraud or misinterpretation? How does it affect my departure, assets and financial matters?

    Question

    If I am convicted of H1B/Green Card fraud or misrepresentation, resulting in a permanent entry ban, the following inquiries arise:

    How soon must I depart from the US?

    What will happen to my assets, such as my house and bank account funds? Will they be subject to seizure?

    Can I sell my house and withdraw the money before leaving the US?

     

    Answer

    Video URL

    Monday, May 8, 2023 - 00:24

    Potential visa complications for an H-1B visa holder due to past employment with a blacklisted company and alternatives for obtaining an H-1B stamp

    Question

    I came to the US in Aug 2015. Completed masters in 2017. Started OPT on 07/2017. When applying for OPT EAD I joined employer AZTech Technologies. I joined as an intern and was there for like 4 months. He responded for 2 months during training, after a couple of months employer did not respond at all. I got a doubt and found another job and moved to a different company. Later I got an H1B and I 140 approved. I am planning to go to India this August 2023. Recently I found out through social media that the company I joined in the initial stage of OPT EAD was a black listed company. Most people who joined those similar companies' visas got rejected when they went for stamping. I am going for H1B stamping. Will there be a problem in my case? Could you please advise me in this case? In an emergency situation, I need to go to India. I heard from some friends and social media groups out of my research that I can go get stamping done in other countries and then travel to India and can be back to the US. 

     

    Answer

    Video URL

    Monday, May 8, 2023 - 00:21

    Options for extending stay in the U.S. after layoff as an international student pursuing a Master's in IT

    Question

    I moved to the USA to pursue my Master's in IT. Unfortunately, I have recently been affected by mass layoffs in the tech industry, leaving me with only 30 days to extend my stay in the country to address household responsibilities and potentially secure a full-time job.

    I have researched a few options for extending my stay and would greatly appreciate your guidance on these alternatives:

    1) Apply for a B2 visa promptly: This option would allow me to remain in the country for an additional six months (until July or August) and continue my job search.

    2) Enroll in a community college and obtain an I-20: Many community colleges do not require GRE or TOEFL scores, and their Fall semester usually begins in mid-August. This cost-effective choice would give me time until December, and I could transfer any earned credits to a university if needed.

    3) If more time is required, I could join a university in the Spring semester and transfer my community college credits. However, I understand that applying for an MS or PhD program would necessitate a direct application to the university.

     

    Answer

    Video URL

    Monday, May 8, 2023 - 00:19

    H-1B or green card misrepresentation: Legal options and consequences for fighting back against USCIS

    Question

    1. Have you taken cases of H1B or GC fraud or misrepresentation?

    2. What are the consequences if caught - Just losing status and deportation? Can it lead to Jail in any case?

    3. Can we fight back in court to justify our case and win against USCIS?

     

    Answer

    Video URL

    Monday, May 8, 2023 - 00:16

    Switching employers while one's spouse is on an H-4 visa and the steps to ensure a smooth return to the U.S.

    Question

    If I change my employer while my wife is in India on an H4 dependent visa, will she be able to return to the US even though her visa stamp bears my old employer's name? She has valid stamping till Sept 2024. What steps should we take to ensure a smooth return to the US for her?

    Answer

    Video URL

    Thursday, April 6, 2023 - 05:11

    Marriage and relocation to the U.S.: Quickest path for the prospective fiancé of a U.S Citizen living in India

    Question

    My sister is in India and the prospective groom is a US citizen. They have concerns about how to proceed with marriage and relocation of the girl to US in a timely manner (prefer not to wait more than a year for marriage/ living together post-marriage for personal reasons) Current fiancé visa processing time seems to be 15 months. It was not this long pre-covid, realistically can this processing time reduce this year? If they do marriage in India first, what’s the quickest way for her to come to US and how long would it take She has a valid B1. Can she travel on that to US post-marriage for 5-6 months only without any risk to her green card application? She is trying to get an L1-B visa through her current company. Will that visa approval be affected if they get married in the meanwhile? In short, what is the quickest path for her marriage & relocation to the US right now?

     

    Answer

    Video URL

    Wednesday, March 15, 2023 - 01:04

    Volunteering on a non-profit board committee while on H-1B or H-4 visa: Implications for visa stamping and green card process

    Question

    Can a person on H-1B or H-4 visa be on the Board committee (Vice President) for the US based non-profit religious organization without pay (volunteer) ? Would it create any issue on visa stamping or GC process?

    Answer

    Video URL

    Thursday, March 9, 2023 - 03:30

    H-4 visa dependent children change of status to F-1 before 21

    Question

    My daughter was born in Canada and is on my H-1 visa as an H-4 dependent. She is currently studying 2nd year of her Bachelor's degree and will turn 21 in July/2024. I have a couple of questions, and they are
    1. By what date/age she needs to change her status from H-4 to F-1?
    2. Once on F-1 status, are there a minimum number of months/semesters/years she has to complete before being eligible for a CPT or OPT?
     

    Answer

    Video URL

    Thursday, March 9, 2023 - 03:27

    Can H-4 EAD start a Business in any State? Can a relative's company file H-1B?

    Question

    Can an H4 EAD holder start a business in any state, or do they have to be in the same state as the primary applicant's H-1B?

    Another question is can a relative's LLC file for H-1B if they have a need and it aligns with my MS coursework?

     

    Answer

    Video URL

    Thursday, March 9, 2023 - 03:18

    Can H-4 visa (no EAD) holders take an unpaid internship?

    Question

    I am an LLM student on H4 (no EAD). My college offers paid and unpaid supervised externships (optional classes) for 2/3 credits as part of our course. Can I participate and work in an unpaid supervised externship on H4 without EAD?

    Answer

    Video URL

    Thursday, March 9, 2023 - 03:12

    FAQ: Multiple companies applying for H-1B Cap registration - H-1B lottery

    Question

    I am an international student currently of F-1 visa status and will be graduating in May-23. I have the below questions:

    1. Can multiple companies / employers apply for H1-B on my behalf in this upcoming H1-B cap pool?

    2. If yes, is there a possibility that the employers might get to know about this?

    3. Should my name in the passport and birth certificate match exactly? My birth certificate has an abbreviation my last name but my passport has my complete last name.

     

    Answer

    Video URL

    Thursday, March 9, 2023 - 02:55

    Criteria for national interest waiver || NIW for physical therapists

    Question

    I am on H-1B working in the IT industry. My wife has H4 EAD, and with the same status, she is working in the hospital as a Physical Therapist.

    1. Can her employer file for GC while she is on H4 EAD status?

    2. If she is eligible for NIW, could you please let me know if the PWD and PERM are both required if her employer file for GC?

    3. Can she use my priority date to file an adjustment of status?

     

    Answer

    Video URL

    Tuesday, February 28, 2023 - 20:16

    H-1B layoff options - Going to home country and applying for jobs, going through the lottery again and documents required to apply for a new visa to explain missing pay stubs

    Question

    I am on an H-1B visa and recently got laid off.

    If I don't find a job within the 60 days grace period:

    1. Can I go back to my home country and keep applying for jobs and then come back once I get one? If yes, would I have to go through the lottery again?

    2. If not, what are my options?

    3. What additional documents do I need to provide while applying for my new visa to explain the missing pay stubs?

    4. What does the company that let me go send to the USCIS as documentation for termination of contract?

     

    Answer

    Video URL

    Tuesday, February 28, 2023 - 20:03

    H-1B visa cap exemption - How does the 6-year rule work?

    Question

    I got a H-1B approval in 2020 and stamping was done in 2022, due to personal reasons, I have decided not to travel to the US. My question here is at a later point in my career, will I be eligible for the CAP exemption for the different sponsor, even If I never visited the US using the stamping? Also whether this cap is exempt till 6 years from approval time or forever(but the 6 years clock starts from the time I enter the US)?

     

    Answer

    Video URL

    Tuesday, February 7, 2023 - 06:01

    Can certifications and courses qualify me for an H-1B?

    Question

    I am currently pursuing 6-month online certification program in "management" domain from the Indian Institute of Management (IIM) here in India and this IIM has been awarded the EFMD Quality Improvement System (EQUIS) accreditation by EFMD, the globally recognized international organization for management development. This institute has AACSB (The Association to Advanced Collegiate Schools of Business) accreditation in the US. I have bachelors in chemical engg from India and masters in chemical engineering from the US. I plan to use the H1B remainder option to come back to the US and would like to change careers.

    My question is as follows :
    1. Is the "online certification in management" that I am currently pursuing from the AACSB accredited institute as mentioned above considered valid and acceptable by the USCIS for changing careers from chemical engineering to managerial roles such as e-commerce/software domain on H1B?
    2. I have also done courses in management, data analysis, economics, computer programming and other math related courses at undergraduate level in chemical engineering and would like to know if these courses would be of any help to change domains as transcripts for bachelors and masters degree are requested during the H1B processing?

     

    Answer

    Video URL

    Tuesday, February 7, 2023 - 03:10

    Risks and factors involved when H-1B transfer approved and not joining the new employer

    Question

    Question 1: If H-1B transfer is approved but not joining the new employer, then what all is required to be done to avoid any problems? - Is it required to withdraw all approved H-1B transfer petitions in that case?  What is the validity of H-1B transfer approval?

    Question 2: I am currently working for Company “A” on an L1A visa which is valid until 09/12/2024. I have my i140 approved that was filed by company “A” in EB2 with May 2019 as the Priority date. I am from India. Company “B” filed my new H1B.
    My new H1B petition (I 797A, notice of action) and accompanying request for a change of status got approved on Dec 21st 2022. Employer “B” shared with me the approval copy only on 29th Dec 2022. I 797A, notice of action says my new I 94 is valid from 12/21/2022 until 10/10/2025. Will my work authorization status in the US reflects as H1B only if I submit my new Form I-9 through employer B? or is it already effective from the date of H1B approval i.e., 12/21/2022?
    Is there a time limit within which I have to resign from my current employer “A”? What’s the maximum number of calendar days I can continue with my current employer “A” from the date of my new H1B approval i.e., 12/21/2022?

     

    Answer

    Video URL

    Monday, February 6, 2023 - 02:09

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

    Question

    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

    Video URL

    Monday, February 6, 2023 - 01:03

    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

    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

    Video URL

    Wednesday, February 1, 2023 - 05:15

    L-1 Layoffs

    Question

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

    Answer

    Video URL

    Wednesday, February 1, 2023 - 04:49

    F-1 change of status and H-4 expires

    Question

    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

    Video URL

    Wednesday, February 1, 2023 - 03:55

    H-1 visa stamping and Dropbox appointment

    Question

    I have Dropbox  appointment in India and going alone. My husband has a valid I-797A but an expired visa. Will that affect my stamping?
     

    Answer

    Video URL

    Wednesday, February 1, 2023 - 03:48

    What happens if you overstay your I-94

    Question

    Parents came to the USA on a B-2 Visa in March 2021. I have requested an I-539 extension in August 2021 due to COVID and they stayed till Jan 2022. Eventually the extension got denied. Is this a problem?
     

    Answer

    Video URL

    Monday, January 23, 2023 - 04:27

    Effect of typos on immigration documents

    Question

    One of my friends has just completed a master's (F1 Visa) in Dec 2022 and has traveled to India (outside the USA). However, he hadn't noticed that the EAD card had incorrect DOB (date of birth). Would he have any issues while entering back to the USA? Will he have issues returning to the USA, how can he ensure that his DOB issue in EAD is sorted out?

    Answer

    Video URL

    Wednesday, January 18, 2023 - 01:25

    Do I need to have my SSN number before I start working?

    Question

    I have a query about the employment status of the H1B resource coming from India. Once the resource reaches the US, from what day they can start working? I understand that once they reach the U.S. they need to apply for SSN first. So the question is can they start working in full employment capacity even before they get SSN?

    .

    Answer

    Excerpt from the SSA (Social Security Administration) website: 

    "We don’t require you to have an SSN before you start work. However, the Internal Revenue Service requires employers to use your SSN to report your wages.

    While you wait for your SSN, your employer can use a letter from us stating you applied for a number. Your immigration documents can prove your authorization to work in the United States".

    Find more information online at www.ssa.gov/employer/hiring.htm

    Thursday, December 22, 2022 - 23:24

    Gap in status, for instance, H-1B and H-4 status issues

    Question

    I was on F1, and my spouse was on F2. My H1B was approved in 2020 for client A, but COS from F1 to H1B was denied, so I just continued my F1 status. Later, I moved to client B, and my employer filed an H1B Amendment and got the complete approval with I-94, effective 29th April 2022. After approval, we filed I539 for my spouse's COS from F2 to H4 (still pending) with a receipt date of 17th May 2022.

    Question: Since there is a gap between my H1B start date (04/29) and my H4 receipt date (05/17), may the USCIS deny our case? If so, what are our best options to proceed further?

     

    Answer

    Video URL

    Thursday, December 22, 2022 - 22:27

    H-1B was approved with a new I-94 but the date of onboarding was extended by the employer

    Question

    I was on H-4, and it was valid till Jan 2023. I got my h1b approved via the Change of Status application and it came along with a new I-94 date. My employer is saying that they need some time to onboard me. They are working on finding a suitable project for me and it is going to take some time. Is it ok to defer the joining date and should my employer or I file any application to let USCIS know that I am not starting the job right away?

     

    Answer

    Video URL

    Thursday, December 22, 2022 - 22:17

    Laid off on H-1B or L-1A; 60 days grace period, maintaining status, switching to and back from I-485 EAD; Priority date becomes current but there is no job in hand

    Question

    Given the current situation with tech layoffs, I wanted to understand the options available for people in my situation.

    I’m currently working in the US on H-1B and my GC application (I-485) with PD July 2014 and 485 is in “Case remains pending”.

    I have 485 EAD approved till 2024 and Advanced Parole is still pending.

    1. Since we only have 60 days on H-1B to find a new job. How easy is it to switch to EAD? Is there a procedure to follow to switch to EAD?
    2. Once someone switches to EAD. Can they again switch back to working on H1 after finding a job?
    3. Now if someone switches to EAD and their date becomes current before they can find a job. What are their options?

    Now if someone switches to EAD and their date becomes current before they can find a job. What are their options?

    Also, do we have any info on what the status “Case Remains Pending” means?

     

    Answer

    Video URL

    Tuesday, December 13, 2022 - 00:29

    Parents tourist/visitor status I-94 expires while I-485 is still pending: Overstay issues; impact of leaving USA

    Question

    I  had filed for my parent's green card in July' 2022. It is concurrent filing.

    The I-130 filed by me shows processing times of 4 weeks and 6 months for my dad & mom respectively.   

    The Advance Parole shows processing time of 11.5 months and I-485 (Minneapolis-St. Paul field office) is almost 2 years.

    Their I-94 is expiring on the 30th Nov. What is the process to withdraw the application so that they can return back to India legally before 30th Nov?

    Also wanted to know:

    Will I need to withdraw the I-130 petitions that I had filed for them ?

    Will this impact their existing B-2 (visitor) visa? Will it still be valid?

     

    Answer

    Video URL

     

    Wednesday, November 30, 2022 - 06:30

    OPT eligibility requirements, F-1 status for one academic year, and Change of Status or visa stamping from back to H-4

    Question

    My spouse is a dentist from India and converted to F-1 from H-4 on Sep 29, 2022. She pursued a few courses for MBA (non-stem) between March 2022 and Jun 2022. Now she is completing the remaining courses of her MBA on F-1 for the next 12 months.

    My queries are-

    1. Does she need to be on F-1 status for a min 365 days to be eligible for OPT?

    2. If we ever need to change to H-4 status again (stamped till Aug 2024), can she travel to India and come back without F-1 stamping? or a COS application from F-1 to H-4 ( that may take 6 months) could be a better option for EAD application.

     

    Answer

    Video URL

    Thursday, November 3, 2022 - 05:32

    Volunteer work on an H-1B visa

    Question

    I'm on H-1B, can I work for a startup on a volunteering basis for a technical engineer role? The work is done remotely and the owner of the startup is based in Russia.

    Answer

    Video URL

    Thursday, November 3, 2022 - 05:29

    Parents staying in or traveling to the U.S. while their green card petition is pending

    Question

    Would there be any issues with parents reentering the country after filing for GC application? Say the parents entered the US on a B1/B2 visa but applied for GC while they were visiting (not for the first time). They were going to file for it once they were back in the home country anyway, but decided to submit the application now than at a later date due to some health situation that came up during the visit.

    Are there chances of the application being denied/or will the parents not be allowed to reenter the country because there have been some medical emergency that happened during the visit? Should those factors need to be addressed before exiting the country before the 6 months stay time is up? And would it still be a problem if that has been addressed with the provider, given it will all be in the history file now? Would there be some state assistance that anyone can get some help with in terms of financial and patient well-being and all?
     

    Answer

    Video URL

    Thursday, November 3, 2022 - 05:27

    Can an H-1B holder open an LLC in the US and employ their spouse on H-4 EAD?

    Question

    Can an H-1 VISA (Resident tax alien without a green card) Holder set up an LLC in the USA? If yes, can his spouse on H-4 VISA with EAD work in that LLC?

    Answer

    Video URL

    Thursday, November 3, 2022 - 05:22

    Can I change my status from B-1/B-2 to H-1B, L-1, F-1?

    Question

    I have worked in the U.S. under L-1\H-1B from June-2015 to March-2020. I have been in India since the last 2 and half years (Not working for any US based company). Now I have got Job offer from a US company and the H-1B I-797 petition is approved. I have a previous employer's H-1B Visa stamp (which expired last month) in my current passport, and B1/B2 Visa stamp(got in 2013 and valid till Sep-2023) in my older passport. I also have approved I-140 (EB2) from my previous employer.

    My Question is due to the high wait time for Visa appointments, in worst case, if I can not secure a visa appointment anywhere close to joining date, can I travel to the US with a valid B-1/B-2 Visa and approved I-797 and later change status to H-1B and join the job? If yes, would it impact the GC process in future?
     

    Answer

    Video URL

    Thursday, November 3, 2022 - 05:20

    Can I do two STEM OPTs, one after bachelor's and the other after Master's degree?

    Question

    I am in the 1st year of my 2-year STEM OPT after completing Bachelors Degree. Can I do another set of OPT + 2 year STEM OPT if I complete my Masters Degree? Does the Masters also have to be in STEM field to utilize the post Masters OPT+2 year STEM OPT?

    Answer

    Video URL

    Thursday, November 3, 2022 - 05:17

    How can I maintain my H-1B while working outside the USA?

    Question

    I would  highly appreciate it if you could share any insights for my case. I hold H-1B working for MNC in Seattle, USA. I applied for Canada PR and it was confirmed. I will travel by car to Vancouver Canada and work in Canada remotely with a Canadian house address. At the same time I want to maintain my H1B visa. Is that possible and how? I got to know H1B is valid as long as we work on US soil. 

    Answer

    Video URL

    Thursday, November 3, 2022 - 05:06

    STEM extension expiring, options to stay in USA, Is Day 1 CPT safe and legal?

    Question

    I am currently on STEM Extension and my visa expires in July 2023. I also have a masters degree here in the states. I wanted to know what my options are..
    If the suggestion is Day-1 CPT, I wanted to know how safe/legit it is! I have heard that going on Day-1 CPT can cause some issues when your H1 gets picked and may lead to RFE?
     

    Answer

    Video URL

    Tuesday, September 20, 2022 - 06:59

    H-1B visa holder travels abroad (Canada) for work sometimes; is an H-1B amendment required for change of address or location abroad?

    Question

    H-1B visa holder travels abroad (Canada) for work sometimes; is an H-1B amendment required for change of address or location abroad?

    Answer

    Video URL

    Tuesday, September 20, 2022 - 06:56

    What are the chances of an H-1B visa (STEM OPT) after completing Masters in the U.S?

    Question

    What are the chances of an H-1B visa (STEM OPT) after completing Masters in the U.S?

    Answer

    Video URL

    Tuesday, September 20, 2022 - 06:36

    Impact of alternate wage survey for H-1B LCA; the success rates of H-1B extensions; AC21 rule when the company is bought by a successor-in-interest

    Question

    Impact of alternate wage survey for H-1B LCA; the success rates of H-1B extensions; AC21 rule when the company is bought by a successor-in-interest
     

     

    Answer

    Video URL

    Tuesday, September 20, 2022 - 06:27

    Change of employers after H-1B is approved and before October 1; the number of pay stubs required; revocation of H-1B before October 1

    Question

    I am currently on F-1 Stem OPT, and my H1B got approved this year a few days back. My current company is shutting down its operations and moving everything to Mexico.
    1. They have given me the last date of employment as 31st October 2022. So my question is how soon can I change my employer and can I transfer my H1B to a new employer before 1st October 2022? 
    2. Also, if I can do my visa transfer only after October 1st 2022,?
    3. Can I do that with 1 paystub, or will I require 2 paystubs?
     

    Answer

    Video URL

    Tuesday, August 30, 2022 - 07:01

    The H-1B remainder option: Calculating recapture of H-1B unused time

    Question

    I had a quick question for you. I worked in the US from 2009 to 2012 on an H-1B visa, left the US in 2012, then came back on a new H-1B visa to work in the US from 2014 to 2017, and then left the US again in 2017. So overall, I didn’t use 3 years on both my H-1B visas. Recently I came to the US on an H-1B visa in mid-2022 using the unused 3 years on my most recent H-1B visa issued in 2014. This H-1B visa expires in mid-2025.

    (a) Do I need to leave the US for one year after mid-2025 to be eligible for a new H-1B visa, or am I eligible to apply for a new H-1B visa after mid-2025?

    (b) Is it possible for me to recapture unused 3 years on my previous H-1B visa issued in 2009 after my current H-1B status expires in mid-2025?

    (c) Is the only way for me to extend my H-1B visa status in the US after mid-2025 is to file for PERM ETA 9089 (pending over a year) or have an approved I-140?

    Answer

    Video URL

    Thursday, August 4, 2022 - 03:56

    How soon can I file for an H-1B transfer after joining, and do I need the employer's permission?

    Question

    Q1. After the H-1B COS is approved, how long will I need to work with my current employer before I can file H-1B transfer?
    Q2. Do I need permission from my current employer for H-1B transfer?
     

    Answer

    Video URL

    Tuesday, August 2, 2022 - 03:46

    Potential conflict between employment in India and F-1 visa status

    Question

    I am currently working at a company in India. I am eligible to claim Employee Stock Option (ESOPS) on 17th August 2022. However, I will be landing in Dallas, USA on 10th August on F-1 Visa (For Fall 22). The company will still offer those ESOPs, but the official relieving date will be on 17th August. From 9th August onwards till 17th August, I will be on Loss of Pay Leave i.e (unpaid leave). I am worried that situation would create a conflict with my F-1 visa status.

    1. I want to know whether this is legal as I will be employed at a company in India for 7 days after arrival in the U.S. on an F-1 visa.
    2. Whether this will cause problems in future when I apply for OPT or H-1B or even EB-3 as my previous employment end date is 7 days after arrival in the U.S.?

    Answer

    1. It appears that you are getting a benefit based on the work you have already done. You will NOT be performing any "new" work for the Indian company.

    2. I do not see this as an issue. 

     

    Tuesday, July 12, 2022 - 03:45

    Continuing work or reverting to STEM OPT during H-1B Change of Status

    Question

    Q1. If I change my employer while my H-1B COS is filed but not yet approved, then can I keep using my OPT and STEM with my new employer, or I will lose both OPT & H-1B, and will be out of status?

    Q2. If my H-1B COS is denied, then can I keep using my OPT and STEM, or I will lose both OPT & H-1B, and will be out of status?

    Q3. How often does it happen that H-1B COS, transfer, and renewal get denied? And what could be possible reasons for denial?
     

    Answer

    Video URL

    Tuesday, June 28, 2022 - 03:15

    STEM OPT students filing OPT and green cards with multiple employers (renowned companies); impact of the size of the company on a green card petition; the impact of working remotely on OPT, H-1B, and green card

    Question

    1. Can I have multiple employers i.e. jobs in the first year of OPT and also after getting STEM OPT extension?

    2. Can all my employers start my green process simultaneously?

    3. If H-1B COS is approved through one employer i.e. switched from OPT to H-1B, can I still continue other jobs and GC process with them? If not, is there a way to continue all jobs?

    4. Does it make a green card case stronger if the sponsoring employer is a big renowned company like Microsoft or Amazon? Also, what about if the company is small?

    5. Does OPT, STEM, and H-1B allow you to do a job that allows remote work from within the U.S. regardless of the pandemic? Is such a job eligible for H-1B and green card sponsorship?
     

    Answer

    Video URL

    Tuesday, June 28, 2022 - 02:59

    H-1B visa stamping

    Question

    1. Is H-1B visa stamping  required?
    2. Can an H-1B visa be obtained while remaining in the US? 
    3. Can an H-1B visa be rejected?
     

    Answer

    Video URL

    Tuesday, June 28, 2022 - 02:49

    Consequences of unauthorized employment generally, and for F-1 visa students particularly

    Question

    I am on an F-1 visa. I just need to know what are the consequences of working without authorization. I have a situation due to a hardship problem during the Covid times, I worked for one and a half months (approximately I don't remember exactly). I had a loan that paid my tuition but during the Covid times the bank from my hometown denied the transfer of funds. So, for that particular period I worked because I did not have a choice. All of my family members were fighting the worst covid situation at that time. There are five people in my family; four were in the hospital for weeks. I was not aware that working without authorization is a serious violation of my status.
    In the future when I apply for H-1B or apply for OPT, what kind of consequences do I face? What are my options to get out of this situation? Can we get one pardon from the USCIS for this mistake?
     

    Answer

    Video URL

    Friday, June 17, 2022 - 02:43

    While waiting for OPT approval, is "unpaid leave of absence" a violation of the student status?

    Question

    Is it considered a violation of F-1 status to be on "unpaid leaves of absence" instead of being unemployed while waiting for OPT approval?

    Answer

    Video URL

    Tuesday, June 14, 2022 - 02:41

    Extending or Renewing F-1 student visa risks and requirements

    Question

    I have been in the U.S since 2017 and my F1 visa expires this month due to the 5 year validity period.

    1. I graduate in December 2022, so is there any risk in renewing my visa this summer? Any chance of rejections?
    2. What is the risk involved in renewing my F1 visa in another country besides my country of citizenship? I lived my whole life as a resident in another country without citizenship, but am no longer a resident there, so was wondering if renewing there is fine?
    3. Is renewing an F1 visa necessary for OPT? I believe it's not necessary. Is renewing an F1 visa necessary to apply for H-1B and Green card?
     

    Answer

    Video URL

    Sunday, June 12, 2022 - 02:35

    Green card application for parents during tourist visa

    Question

    As per I-94, parents are admitted until 8th August 2022 for their B2 visa. We just sent the I-130/I-485 documents to USCIS.

    Q1. What happens if there is no receipt generated till 7th August? Do parents have to leave the country?

    Q2. If receipt is generated after they have left the country, what happens to the GC process?

    Q3. If receipt is generated in time then what is the process to extend their stay or are they automatically eligible to stay till the GC process is completed?
     

    Answer

    Video URL

    Thursday, April 21, 2022 - 05:26

    Can two employers file H-1B for the same employee using an existing I-140?

    Question

    I am an Indian national living in India now, working on H-1B from 2006-2011 for a small consulting company based in NY, US,. They have filed my EB2, I-140 and it got approved in 2009. I returned to India due to my personal situation in 2011. So I moved my case to Consular Processing in 2012. I got my date current during the last year 2021 and the Mumbai Embassy scheduled consular processing Interview was scheduled for last month. As soon as I received the interview call I found my sponsoring company in the US has their business. Hence, I have skipped my interview to avoid GC denial and retain the priority date.
     

    Answer

    Video URL

    Thursday, April 21, 2022 - 05:21

    STEM OPT employment parameters, volunteering, part ownership, etc.

    Question

    1. Currently, I am on STEM OPT, working with my DSO-approved employer. My uncle wants to start a company and asked me for my help. So, an I help him without being an employee of his company?
    2. Is active professional volunteering to a family member's company a violation of the F-1 STEM OPT status? I hold a Professional Engineer's license. If I let him use my license for his company, will that be ok under my current immigration status?
    3. Can I be a partner in the company and an employee of the company if my uncle hires me as an employee?
     

    Answer

    Video URL

    Thursday, April 21, 2022 - 05:15

    From F-1 OPT directly applying for a green card

    Question

    I was born in the United Arab Emirates, but have Indian citizenship. I did my bachelors in the U.S and am currently pursuing my Masters here as well. I was wondering with the ongoing corona crisis, would it be realistic to apply for GC within 6 months of the job starting and hope I get it before my three years of OPT ends? 

    Answer

    Video URL

     

    Monday, April 11, 2022 - 06:39

    Implications on working without authorization on student visa status

    Question

    What happens when a student works without authorization because they have no choice as they need the money to support their school or because they did it unintentionally?

    Answer

    Video URL

    Monday, March 28, 2022 - 07:57

    Travel to the U.S on H-4 visa for a non-minor

    Question

    My H-1B Visa is valid till Sep 2023. My son who is currently in India had also stamped his H-4 visa. However, he is now over 21 years of age. Can he travel to US to visit us on the same visa or he has to apply for a B-2. 

    Answer

    I do not see how an aged-out child can travel on a derivative visa.

    Monday, March 28, 2022 - 07:49

    H-1B to EB-2 process

    Question

    I would like to know If I have an advanced Degree (Masters Engineering Management) and my employer filed my H-1B and if the lottery is picked can I initiate the Green Card Process? I also heard that there is a Minimum salary Cap for EB-2 Advanced degree. 

    Answer

    The employer can start the green card process at any time, even before you join. To see the salary figures by county and profession, you can review this link - https://www.flcdatacenter.com/

    Tuesday, March 22, 2022 - 06:50

    Can parents of U.S. citizens travel to the U.S. on an existing B-2 visa while their GC is pending?

    Question

    I got my USA citizenship this Jan, and I want to start the green card process for my parents. They are currently with me in the USA on a visitor visa, however, they would like to go back to India in March after the 6 months of allowed stay in the USA.

    So I want to know when I start the green card process for my parents when they are in India, can they still travel to the USA on their existing B-2 visitor visa (valid till 2026), or should they be in India until the consular processing for their green card is complete?

     

    Answer

    Video URL

     

    Tuesday, March 22, 2022 - 06:44

    Relation between F-1 OPT and H-1B lottery change of status and changing employers

    Question

    I am a student on F-1 and will be graduating by December 2022. Company A is willing to apply for an H-1B for me this year. I am interviewing with other companies, and I am planning to drop company A as soon as I graduate

    1. If I am selected in the lottery and haven't done a change of status, can I continue on F-1 OPT with the other company (not Company A), after graduation?

    2. Can Company A retract my H-1B if I leave them?

    3. Being on F-1 can Company A start my green card if I win the H-1B lottery?

     

    Answer

    Video URL

    Tuesday, March 22, 2022 - 06:34

    Abandonment; can I leave the USA while a change of status is pending?/Stamping requirements

    Question

    Background: I am currently on L-2 VISA and is going to expire in May. My company is going to file my Canada visa in a month. My spouse's (currently on L1A) employer is going to file her GC soon and she wants to stay with our kids until a decision is made (stay as a visitor or on the basis of GC filing). We decided that I will go to Canada and if the GC processing won't happen or the outcome is negative, she will join me in Canada at a later time.

    Now:

    I want to apply for the change of status from L-2 visa to visitor visa while I am still in the US, and leave for India while my Canadian visa is in process and travel to Canada directly from India. (I am going to see my parents as it's been years and can't travel to India if I join my company back in Canada anytime soon).

    Questions:

    1) Is it okay to leave the US while my change of status from L-2 to Visitor visa is in the process?

    2) If yes, will USCIS continue to process and intimate me once they approve?

     

    Answer

    Video URL

    Friday, February 25, 2022 - 02:00

    Interfiling - Job change after I-140 approval with priority date current and issues with H-1B transfer and H-1B extensions

    Question

    I am on H-1B visa with employer A. Have approved I-140 with priority date as Oct 2015 under EB-2. Looks like EB-2 can hit 2015 by the end of this year. With that in mind, Below are my questions:

    1) Suggestions on switching employers when PD is nearing anytime soon. If I switch to employer B, what if my PD becomes current before employer B I-140 is approved? How long can I wait after my priority date becomes current to file I-485 with employer B I-140?

    2) Will there be any issues for H-1B transfer and further H-1B extensions with employer B when the new PERM/I-140 is still under process?

     

    Answer

    Video URL

    Friday, February 25, 2022 - 01:27

    Left while Extension pending. B-1/B-2 visa inspection at the airport by the CBP and repercussions

    Question

    We live in Delaware. We had extended my parent's B2 Visa twice in the past. Once in 2016 and it was approved. Second time in 2018, but they went back to India before the decision on extension. For the second extension, we got a letter from USCIS stating, "Since they left the country, USCIS is not approving the extension, However they can travel again"

    Again in 2019, they came and left the US in 6 months.

    This year, they came last week on Jan 31 2022, but CBP in Philadelphia airport took them for inspection at the port of entry. After a long wait time, CBP came back and told them that they had overstayed and they had canceled their B2 Visa. CBP gave a letter that they can stay for three months and leave the country before April 30.

    Though we followed the process defined, we are really not sure why they canceled the visa.

    With this situation, Can you please advise what is our option,

    1. Can we appeal for visa reinstatement?

    2. Can we go back to the country and apply for a B2 Visa again in May ? Or should we wait for some time before applying again?

     

    Answer

    Video URL

    Wednesday, January 26, 2022 - 04:04

    Are you eligible to become a naturalized US citizen?

    Question

    1. My Son was born in February 2020 in the USA, where my wife is on an F1 visa working on OPT. Due to the Covid19 pandemic, I couldn't meet my son for two years. Kindly suggest to me the way forward to meet my son and wife. I also tried to travel on a tourist visa and F1 Visa. Unfortunately, I got both rejections. I'm an Indian taxpayer and an IT employee. 

    2. My brother is a US citizen, and he applied for our mother's green card. Everything is clear, all paperwork is done, but due to the pandemic, we are waiting for the interview date from March 2021. Do you have any information on how we get the date or how much time it will take?

    3. My daughter is in Dallas, US, and under medical treatment. She is there with an IN40 visa. As a father, I want to be there during her medical urgency. How can I get a visa now to be with her in the US?

    4. I am a US citizen currently in India. I am traveling back to the States in mid-February for two months and want to take my Indian-citizen senior citizen mother with me for that duration. Her last US tourist visa expired eight years ago. (She has an active Schengen visa on her passport) Is there a way she can get a short-term two-month visa to the US?

    5. I stayed outside of the US for more than two years because of COVID-19. Am I eligible for naturalization? I came to the USA in August 2016.

     

    Answer

    *Please note that the queries have been put together and edited by the Economic Times to address similar questions at once and that the answers are clear and relevant to the audience.

    1. My Son was born in February 2020 in the USA, where my wife is on an F1 visa working on OPT. Due to the Covid19 pandemic, I couldn't meet my son for two years. Kindly suggest to me the way forward to meet my son and wife. I also tried to travel on a tourist visa and F1 Visa. Unfortunately, I got both rejections. I'm an Indian taxpayer and an IT employee. 

    You seem to be referring to a visa denial under Immigration and Nationality Act, section 214(b).

    This law applies only to nonimmigrant visa categories. If you are refused a visa under section 214(b), it means that you did not overcome the presumption of immigrant intent required by law by sufficiently demonstrating that you have strong ties to your home country. Such ties are seen as a reason you will not be tempted to exceed your allowed stay in the USA.

    When your spouse is already in the US, your ties to your home country are difficult to demonstrate. If you feel there is additional information that should be considered related to the visa decision, or there are significant changes in your circumstances since your last application, you may reapply for a visa. Note that visas like H-1, H-4 (if your spouse gets an H-1), and L-1 are immune from this problem. So, when your wife obtains an H-1B status, or you can qualify for an L-1 visa, you should not have the section 214(b) denials impede your visa.

    2. My brother is a US citizen, and he applied for our mother's green card. Everything is clear, all paperwork is done, but due to the pandemic, we are waiting for the interview date from March 2021. Do you have any information on how we get the date or how much time it will take?

    Because of the resurgence of the pandemic and a huge backlog of cases, it is unlikely we will see an immediate resolution of the delays. But consulates have indicated that give preference to families of immediate relatives, like parents, of US citizens. Also, the US consulates have started waiving some nonimmigrant visa interviews, which should streamline their operations for green cards as well.

    3. My daughter is in Dallas, US, and under medical treatment. She is there with an IN40 visa. As a father, I want to be there during her medical urgency. How can I get a visa now to be with her in the US?

    I am not sure what type of visa your daughter has, but your choice appears to be the same as for any other foreign national, a B visa. The consulates usually issue a B-1/B-2 visa or a B-1 visa for medical issues and attending family members.

    4. I am a US citizen currently in India. I am traveling back to the States in mid-February for two months and want to take my Indian-citizen senior citizen mother with me for that duration. Her last US tourist visa expired eight years ago. (She has an active Schengen visa on her passport) Is there a way she can get a short-term two-month visa to the US?

    You will have to apply for her tourist visa again.

    5. I stayed outside of the US for more than two years because of COVID-19. Am I eligible for naturalization? I came to the USA in August 2016.

    It appears that the continuity of your stay required for naturalization has been broken by an absence of one year. An absence from the United States for a continuous period of 1 year or more (365 days or more) will automatically break the continuity of residence. It appears you could apply after 4 years and one day after returning, or easier, 4 years and 6 months after returning. The USCIS provides the following example for your situation:

    “An applicant for naturalization under INA 316 departs the United States on January 1, 2010, and returns January 2, 2011. The applicant has been outside the United States for exactly 1 year (365 days) and has therefore broken the continuity of his or her residence in the United States. The applicant must wait until at least January 3, 2015, to apply for naturalization, when the 5-year statutory period immediately preceding the application will date back to January 3, 2010. At that time, although the applicant will have been absent from the United States for less than 1 year during the statutory period, the applicant will still have been absent from the United States for more than 6 months (180 days) during the statutory period and may be eligible for naturalization if he or she successfully rebuts the presumption that he or she has broken the continuity of her residence.

    If the applicant cannot overcome the presumption of a break in the continuity of his or her residence, the applicant must wait until at least July 6, 2015, to apply for naturalization, when the 5-year statutory period immediately preceding the application will date back to July 6, 2010. During the 5-year period of July 6, 2010 to July 6, 2015, assuming the applicant did not make any additional trips outside the United States that would cause USCIS to presume a break in continuity of residence, the applicant was only absent from the United States between July 6, 2010 and January 2, 2011, a period that is not more than 6 months. Therefore, no presumption of a break in continuous residence applies.”

    Monday, December 20, 2021 - 09:15

    Options to remain in status: F-1 visa expired, H-1B approved for consular processing, but not stamped

    Question

    My son got his H-1B approved on consular processing this year which also happens to be the first year on OPT. His F-1 Visa expired in June and he is unable to travel to India for lack of slots for H-1B stamping I wish to know the following:

    1. Is there a time limit for getting the approved H-1B visa stamped?, and
    2. If for some reason he is unable to travel next year as well can he extend his stem opt to remain in status?

    Answer

    Video URL

     

    Monday, December 20, 2021 - 09:15

    STEM extension denied based on approved H-1B pending for withdrawal at a USCIS service center

    Question

    I am in the initial OPT which expires on November 30, 2021. My STEM extension has been denied based on an approved H-1B which has been pending for withdrawal at the Texas Service Center for the last five months. My current employer’s attorney raised the Ombudsman request on Oct 25, 2021 and I’ve taken a U.S. state senator's help to submit an inquiry on October 19, 2021. I have received no response so far from USCIS orthe online forums.  It seems it will  take 30 days to get a response at least from the Ombudsman and the case inquiry but I’m running out of time.  My previous employer's attorney is not willing to join a call with a Tier -2 officer and they're not helpful at all. My current employer is re-applying for my STEM OPT extension on November 24, 2021 with all the evidence possible but it's already past 60 days. I can't get a new I-20 because my SEVIS record is closed and they're not sure I'll get a favorable discretionary decision because my H-1B is still approved.

    I am hoping the USCIS officer would show some discretion but from past experience I am afraid they will not. I am not really sure what to do here. I might end with a financial loss.  Please guide me with your suggestions.

     

    Answer

    Video URL

     

    You have done everything that you can. But there are a couple of things I would suggest. The first thing I would suggest is that you talk to your DSO and explain to them the situation. Have them talk to the civic people and see if they can allow your service reinstatement based upon evidence of withdrawal or request for withdrawal. They may not be able to but it's worth a try.

    The second thing you can do is try to reach the Tier-2 USCIS officer over the phone with your employer, manager, HR person or somebody from the office. Once you get to a Tier-2 officer, talk to them and explain the situation and ask them for a suggestion.

     

    Monday, December 20, 2021 - 09:05

    Correcting names on passports, visas, and other documents

    Question

    This question is related to getting an FNU (First Name Unknown) removed from a green card and updated with the correct first name. In my wife's passport, the last name is empty and the first and last name is combined as Given Name. So in the green card, FNU is given as her first Name and full Name as last name. We are planning to update the Indian passport with a split name correction.

    I understand that we need to file an I-90 for a name change. Since this is a split name correction, do we need to get the county court certification for name update, or is just presenting the updated passport with name correction (with first and last name mentioned) enough? Is any other documentation required? 

    While the name correction is being processed  with USCIS will there be any issues traveling outside the country?

     

    Answer

    Video URL

    It is not illegal to travel while you are trying to do a name change. She should be okay as long as she can prove she is the same person., She may be delayed, probably because they put her in secondary inspection when she returns. 

     

    Thursday, December 16, 2021 - 08:40

    Travelled to India on H-1B status, stamping done through NIE, job contract ended: What are the chances to get back to the U.S.?

    Question

    My friend had traveled to India in an emergency situation in April this year. Since the consulates were closed for so long, he could get his H-1 visa stamping done by an emergency appointment last month (through NIE) only. Now, his job contract ended here. What are his chances to come back to the U.S.? - Does he need to have a job with an offer letter before traveling back to the U.S. back?

    Answer

    Video URL

    Thursday, December 16, 2021 - 08:37

    Impact on H-1B status of using advance parole

    Question

    H1-B Visa Stamp Expired - but H1-B Status Valid until Sept 2023 (I-797 Approval Notice) 

    I-140 approved long back, I-485 pending (PD not current but close), I-765 + I-131 approved Combo Card. Travelled to India with both H-1B I-797 and I-485 EAD/AP (Validity was 1 Year) and returned a couple months back; chose to return on I-485 AP because could not get a Visa Drop Box Appointment. New I-94 received upon entry is only valid till AP expiry date; which is prior to H-1B I-94 attached to I-797 (Sept 2023). No change of Employer before or after the travels - return to the same employer.

    a) Does the use of AP on returning mean the H-1B status is abandoned in this case?

    b) Will I fall out of status after August 2022 - based on this new I-94 with AP entry?

    c) Can the already approved H1B status be reinstated (if it was abandoned) and also be extended like regular H1B extension after 2023 - if yes, would that need a travel out of the country before August 2022 and return on H-1B visa stamp?

     

    Answer

    Video URL

    Thursday, December 16, 2021 - 08:34

    Can I use an approved, but never used, H-1B petition to transfer to a different company?

    Question

    I have had an approved H-1B petition since 2010 but never used it. Can I reuse that petition and obtain an H-1B transfer to a different company? The old company who has filed H-B petition has not withdrawn it.

    Answer

    Video URL

    Thursday, December 2, 2021 - 02:27

    Extension of EAD for H-4 and EAD for L-2

    Question

    I am on my H-1B and my wife is currently on her H-4. With the new bill does she still need to wait for my I-140 to be approved?

    Answer

    There is no new bill, just a policy clarification. And, yes, she will have to wait per the law.

    Tuesday, November 16, 2021 - 06:59

    Are L-1B visa holders eligible to work remotely?

    Question

    This is a question about after the return to normalcy from the pandemic. From an immigration perspective, are L-1B visa holders allowed to work remotely/work from home from within the U.S.? Does it matter whether the employee's house (where she will work from) is near the designated company office location or not?

    And lastly, would you expect difficulty with getting the L-1B visa in the first place if the intention is to work remotely/from home (but within the U.S.)?

     

    Answer

    Video URL

    Tuesday, November 16, 2021 - 06:55

    Impact of subordinate employees outside the U.S. or in third countries on L-1A and EB-1 petitions

    Question

    I was on L-1A and later switched to H-4 EAD 3 years back (working with the same Indian multinational company for 15+ years). I manage a large team here in the USA, and some of my reportees are in the U.K. Since the H-4 EAD extension is taking time, my company plans to move me to Canada for one year. As per the plan, I will be back to the USA on an L-1A visa, and then the company will file for my green card in the EB-1C category. I don't have any team in Canada, and I will mainly manage the same U.S. and U.K. team from Canada.

     

    Answer

    Video URL

     

    Monday, October 25, 2021 - 05:26

    Reentering the U.S. on Visitor Visa

    Question

    My parents have been here on visitor's visas since the beginning of August. If they are here for the entire six months, can they come back again within six months of leaving the U.S.?

    Answer

    Video URL

    Wednesday, October 13, 2021 - 10:39

    Day 1 CPT F1 - Renewal

    Question

    My wife is on Day-1 CPT and went for F1 renewal , without asking much question she got 214B denial. So there is an option to re-apply, do you think we should apply again and produce document which shows she got tie ups in home country ?

    Answer

    You can try. 214(b) denials are difficult to overcome and highly unpredictable.

    Wednesday, October 13, 2021 - 09:27

    F-1 OPT travel

    Question

    I am currently working on a F-1 visa and started my OPT in June. My employer would be applying for my H1B in 2022. Is it ok for me to travel to India right now? Will I face any problems while returning back? Also, for traveling to India what legal docs or formalities are needed?

    Wednesday, October 13, 2021 - 09:06

    Nuances of changing employers during the green card process

    Question

    My question is related to green card filing. My green card was filed with Employer A. I have an approved I-140. I moved to Employer B, working on an H-1B valid until April 2023. They have not filed the labor for me yet. My priority date is February 2012. As per the latest visa bulletin I can file for EAD but the final date is September 2011. Currently I am not in the U.S. so I can't file for EAD. I hope to be in the U.S. in the next 4-5 months. Do I need to join Employer A for processing my green card? What would be the best option for me to get the green card without wasting time when I reach the U.S?

    Answer

    Video URL

    Wednesday, October 13, 2021 - 07:58

    Continuing to use H-1B when I return on Advance Parole

    Question

    I have an approved EAD/AP with my current employer. I also have an H-1B approved until 2024 with the same employer. I have plans to visit India, my home country, in the near future. I am planning to utilize AP to come back to the U.S. and would like to work on the H-1B with the same employer. Is that possible? Also if I do not receive my green card until 2024, can I  extend my H-1B with the same employer.

    Answer

    Video URL

    Tuesday, September 21, 2021 - 06:25

    Consequences of extending parents’ B-1/B-2 (visitors/tourist) status more than once

    Question

    What are the consequences if we extend parents visitor's visa's stay for more than 1 time? Will it be a problem when they come back to US again? Is the minimum time to come back again still 6 months?

    Answer

    Video URL

    Tuesday, September 21, 2021 - 06:17

    J-1 exchange visitors and NIE (National Interest Exception)

    Question

     I am a Slovenian citizen, and I plan to do a 3-month student internship in the USA in December. I have everything arranged with my employer. The only question I have is, can I travel from the Schengen area on my J-1 visa? And if not, how can I come to the USA for my internship?

    Answer

    J-1 exchange visitors will be able to travel only if the visa is approved and they qualify for a national interest exception (NIE). If you already have a visa, you will need to apply for an NIE or travel to and stay for two weeks in a third country from which travel to the USA is allowed.  The US consulate in Slovenia has indicated they will consider NIE for J-1 holders:

    • Academic professors/researchers (J visa)
    • Au Pairs who are providing specialized care to a child needing particular medical, educational, or sign language care; or an au pair providing care to a child of parents working in the medical field related to Covid care or research.  (J visa)
    • Exchange participant pursuant to a government-to-government agreement (J visa)

    Intern or Trainee at a U.S. Government Agency (J visa, with program series G-3)

    Tuesday, September 21, 2021 - 06:10

    Documents required for F-1 OPT holders to travel to the United States of America during pandemic

    Question

    I am on my OPT period (June 1st, 2021 - May 31st, 2022) and am working for a company in the USA. I plan to travel to India for my sister's wedding from December 18th, 2021, to December 28th, 2021. The following are my questions for travel in these COVID situations:

    1. I wanted to know the details for entering the USA. What documents should I have while entering the USA?

    2. Does the USA allow OPT holders to enter?

    Answer

    A1: You will need to contact your DSO for endorsement on your I-20 to travel, evidence that you have been working (like pay stubs), and a letter from your employer confirming that you will be returning to your ongoing employment.

    A2: Yes.

    Tuesday, September 21, 2021 - 06:07

    F-1 OPT and travel during pandemic

    Question

    I am on F1 OPT and in the U.S. My OPT started in Jan 2021. My wife is in India and just got her F-2 visa. We both are Indian and haven't been able to meet. Would you please tell us if she can travel to the U.S.? Most places say that the program needs to start on or after August 1st, but I am very confused, given that my OPT began in January.

     

    Answer

    OPT is considered an ongoing program. She can travel now, subject only to the Covid-19 related health directives. 

     

    Note: For the NRI readers, The Economic Times has started an immigration helpdesk. A team of experts which includes Rajiv S. Khanna will address the most pressing issues. Please see the link below.

    https://economictimes.indiatimes.com/nri/migrate/nri-helpdesk-are-you-q…
     

     

    Tuesday, September 21, 2021 - 06:05

    Intermittent H-1B employment

    Question

    I recently transferred from the U.S. to the UAE office since I was not selected in the H-1B lottery in March. I was then selected in the second lottery and my company has started the H-1B process. Can I do short-term 1-2 week visits on H-1B every few months instead of B-1? Do I need to be employed to enter the U.S. using H-1b?

    Answer

    While intermittent H-1B employment is permitted, it is only for the job for which you have an H-1B approval. You cannot use an H-1B visa to travel to the US intermittently without that job.

     

    Tuesday, September 21, 2021 - 05:56

    H-1B visa expired - Travel to the U.S. based on daughter's U.S. passport

    Question

    We are currently in India, and one of my daughters is a U.S. citizen by birth. However, our H-1B visa expired a few years ago. So now we do not have any valid U.S. visas. Can we travel to the U.S. now based on my daughter's U.S. passport? Please advise as we heard many such parents are traveling like this, Are there any options for us?

     

    Answer

    You cannot reenter the USA without a visa.  Having a US citizen child exempts you from the travel ban, but not from the visa requirements.

     

    Note: For the NRI readers, The Economic Times has started an immigration helpdesk. A team of experts which includes Rajiv S. Khanna will address the most pressing issues. Please see the link below.

    https://economictimes.indiatimes.com/nri/migrate/nri-helpdesk-are-you-q…
     

     

    Tuesday, September 21, 2021 - 05:42

    H-1B visa and applying for National Interest Exception

    Question

    I am presently in the U.S. and will be visiting India to get my H-1B Visa stamped.  As there are travel restrictions for passengers from India to the US, will I be allowed to enter the U.S. on an H-1B visa? Presently I am staying in the U.S. on OPT.

    Answer

    Unless you are covered by an exemption, you will have to apply for a national interest exception. Also, getting appointments for visa stamping is not particularly easy at the moment.

     

     

    Note: For the NRI readers, The Economic Times has started an immigration helpdesk. A team of experts which includes Rajiv S. Khanna will address the most pressing issues. Please see the link below.

    https://economictimes.indiatimes.com/nri/migrate/nri-helpdesk-are-you-q…
     

    Tuesday, September 21, 2021 - 05:35

    H-1B Visa - Change of Status

    Question

    I have an approved H-1B petition. Right now, I am in India. However, my spouse also holds an H-1B. Can I apply for an H-4 visa and travel to the USA with my spouse and apply for a change of status in the USA from consular processing and use my H-1B there. Will it affect my H-1B in any way?

     

    Answer

    Technically, the USCIS can object to applying for a change of status within 90 days after entry, if the change results in activities that are inconsistent with the original visa used for entry, the H-4 visa. The key question is whether applying for H-1B soon after entry into the USA is inconsistent with H-4, a visa that allows work authorization. Perhaps not, but you should speak with your lawyers to make sure all your options are discussed.

     

     

    Note: For the NRI readers, The Economic Times has started an immigration helpdesk. A team of experts which includes Rajiv S. Khanna will address the most pressing issues. Please see the link below.

    https://economictimes.indiatimes.com/nri/migrate/nri-helpdesk-are-you-q…
     

     

    Tuesday, September 21, 2021 - 05:30

    Visa Stamping for L-2

    Question

    I am on an L-1 visa, and I am working in the U.S.. My wife is outside the U.S. Her L-2 visa has expired. We want to get an appointment somewhere to get visa stamping together. I cannot travel without an appointment, or else I will be stuck and will not return to the U.S. without visa stamping. The embassy has not opened for more than a year now, and she is stuck, so how can we get appointments? Can this be an emergency appointment case?

     

    Answer

    We do not have enough information about your case, but generically, it appears that your wife may have the option to go through the dropbox process. Please look into that. Also, emergency appointments are just that: reserved for an emergency. Most consulates are not likely to entertain such a request unless there is a real emergency. Delay alone is not considered to be an emergency.

     

    Note: For the NRI readers, The Economic Times has started an immigration helpdesk. A team of experts which includes Rajiv S. Khanna will address the most pressing issues. Please see the link below.

    https://economictimes.indiatimes.com/nri/migrate/nri-helpdesk-are-you-q…

    Wednesday, August 11, 2021 - 02:18

    What Happens if H-1B Employer Revokes a Quota H-1B Before October 1?

    Question

    I am on Initial OPT which expires on November 30, 2021. A company filed H1-B lottery for me this year (2021) which got picked and approved but I was laid off in May and immediately the company filed H1-B withdrawal and sent to USCIS on June 1st, 2021.

    1) I have joined a big MNC company few days back who’s willing to sponsor me. I have approval and LCA Notice. What are my options now to get H1-B back?

    2) If I can’t do anything with My H1-B. What’s the time frame generally it takes to withdraw my H1-Status? My Status still shows H1-B approved in the portal.

    Answer

    Video URL

    Monday, June 14, 2021 - 06:25

    Situation for F-1 and J-1 students to travel or travel back to the United States

    Question

    What is the situation for F-1 and J-1 students to travel or travel back to the United States?

    Answer

    F-1 students who already have their visa stamped on the passport can travel back in July. Those who do not have a visa stamping will have to wait for either the consulates in India to open (currently processing only emergency visas, which could include imminent academic session), or try obtaining a student visa in a country other than India. J-1 students will need to apply for National Interest Exemption, which should be given, but only when the consulates open for business.

    US Consulates in India have issued the following instructions current as of the date of this write up.  Note that this situation may change quite rapidly/

    Visa holders with definite plans to travel who can demonstrate qualification for a National Interest Exception may contact the Embassy or Consulate that issued their visa to request a national interest exception prior to travel:

    U.S. Embassy New Delhi:  

    U.S. Consulate General Chennai: 

    U.S. Consulate General Hyderabad: 

    U.S. Consulate General Kolkata: KolkataNIE@state.gov

    U.S. Consulate General Mumbai: 

    The email must include the following information for all travelers seeking an exception, as it appears on the visa:

    Last name:

    First name:

    Date of birth, in DDMMMYYY format (ie – 01JAN2021):

    Gender (M/F):

    Country of birth:

    Country of citizenship:

    Passport number:

    Visa Number* and Category:

    Issuing Post Name (upper left corner of visa):

    Travel dates:

    Travel purpose and national interest category, including a clear justification for receipt of a NIE:

    *The visa number, also known as the visa foil number, is located on the lower right of the visa.

    Each request will be carefully considered as our limited resources allow.  Emails in languages other than English may slow response time.  We aim to respond to each request within two weeks but cannot guarantee a decision date or the outcome of the decision. Errors in the submitted data may prevent approval in NIE requests.

    Please note that national interest exceptions, when granted, are valid for a single entry within 30 days of approval.

     

    Note: For the NRI readers, The Economic Times has started an immigration helpdesk. A team of experts which includes Rajiv S. Khanna will address the most pressing issues. Please see the link below.

    https://economictimes.indiatimes.com/nri/migrate/nri-helpdesk-all-you-need-to-know-about-the-current-situation-for-f-1-and-j-1-visas/articleshow/83171279.cms

    Monday, June 14, 2021 - 05:46

    H-1B Extension beyond 6 Years; Stay Outside One year; Remainder Option

    Question

    I stayed in US on H1b from 2013-18, almost 5 years and went back to India. In 2020(after 1 year of cooling period), my employer has filed new application for H1B and lottery got selected in 2020.
    I got my visa stamped in April 2021 with a validity till 2023.Because of new location & salary mismatch, I had to file the amendment and this time I got the approval for next 9 months only till March 2022.
    On further enquiry with my employer's immigration team, I came to know that USCIS has used the remaining 9 months on the first H1B. My queries are:
    1. Does it mean I will be allowed around 7 consecutive years of stay in US( 9 months on older visa plus 6 years on new visa) or I need to come back to India and serve 1 year of cooling period after spending 9 months ?
    2. Will my new visa be applicable once I spend 9 months of time in US?
    3. Is there a way I can opt to take approval duration on the current visa only?

    Answer

    Video URL

    Friday, June 4, 2021 - 06:05

    National Interest Exemption for Visas – For Students

    Question

    Today I got NIE waiver approval from the US consulate. They sent the approval mail with a passport number. I have a valid USA visa. I am planning to travel back to the USA in a week. What doc's required to travel ? or NIE waiver is sufficient?

    Answer

    You have not told us what type of visa you possess. In addition to the NIE, you must meet all the usual requirements for your visa type.

    Note: For the NRI readers, The Economic Times has started an immigration helpdesk. A team of experts which includes Rajiv S. Khanna will address the most pressing issues. Please see the link below.

    https://economictimes.indiatimes.com/nri/migrate/nri-helpdesk-all-you-need-to-know-about-the-current-situation-for-f-1-and-j-1-visas/articleshow/83171279.cms

    Friday, March 26, 2021 - 10:20

    Cap-exempt to cap-subject H-1

    Question

    Situation: I am on a cap exempt H1 with an approved I-140 more than 180 days and I found an employer who can file my cap subject H1 this April.

    1. If the cap subject H1 is approved before oct 1st, will my new employment start date be earlier than October 1st?
    2. Should I have to leave my current employer as soon as the other H1 is approved?
    3. What if I don’t join the new employer until I find a project with them? Meaning, can I wait until after oct 1st until I find a project with them?
    4. From your previous calls, I understood that if the new H1 is not revoked until oct 1st, I don’t have to go under cap anymore. Is that still accurate? Also, can you explain about getting a new I-94?
    5. Should I have to go thru the GC filing all over again? 
    6. Can I start working with new employer while continuing my current employment?
     

    Answer

    Video URL

    Friday, March 26, 2021 - 09:59

    Doing business on AOS EAD and on H-4 EAD/extension

    Question

    1. I know, someone on EAD based on AOS waiting for I-485 approval must produce a valid job offer (Supplement J) during GC interview. Once the person update work status as EAD on Form I9, then the legal status will become EAD based on AOS. Can the person start a business/startup while on EAD with pending I-485? If yes, should the person notify USCIS about it? Does Form I9 need to submitted for starting/running a business/startup?

    2. I know, someone on H4 EAD can he start a business? 
     

    Answer

    Video URL

    Thursday, March 25, 2021 - 06:48

    H-1B revoked by the USCIS - impact on Quota/lottery exemption

    Question

    I have question to related to H1B revocation and Cap exemption.

    I am based in India and have never traveled to the US. Back in 2014, Employer A filed H1B for me. It got picked in the lottery, got approved for 3 years till August 2017. When I went for Visa stamping at Chennai consulate, I was given 221g and the case was sent back to USCIS and it got revoked in August 2017. ( about 3 years later of my H1B Approval)

    Now I have an employer B who is ready to sponsor H1B. Am I eligible for cap exempt or should i go through the regular CAP quota? Earlier H1B can be used and transferred to my new employer?
     

    Answer

    Video URL

    Wednesday, March 24, 2021 - 08:21

    F-1 to H-1B lottery - How to transfer and change jobs from employer A to employer B?

    Question

    1. I am a F-1 student graduating in May 2021. An employer "X" wants to e-register me for the H1B lottery and I am hoping for a better offer from employer "Y". Suppose I got selected in the H1B lottery filed by "X". Can I start working for employer "Y"? What are my options to work for employer "Y"?

    2. Can employer "Y" file my H1B petition even though I was registered in the lottery by "X"?

    3. Can I ask "X" to not file an H1B petition after winning the lottery and use F1-opt as work authorization?

    4. I am also applying for F1-OPT. Can I use my F1-opt to work till September for "Y" and then use H1B in October to work for "Y" while it was filed by employer "X"? I believe "X" would send an H1B petition with change of status.

     

    Answer

    Video URL

    Wednesday, March 24, 2021 - 07:53

    DUI and I-485 approval

    Question

    I'm currently on H1-B visa. I applied for I-485 in October 2020 and I got my EAD/AP card approved. I'm in EB2 category with priority date of March 2011.

    I was convicted for DUI in November 2011 and consulted Rajeev Khanna Sir in 2012 through 15 minutes telephone consultation. As Rajeev sir advised, I got the certified copy of court disposition and a letter from criminal lawyer explaining that this is a misdemeanor -- quoting the statute.

    So with the first time DUI arrest (in 2011 been 10 years) , I have 2 questions:
    1) I would like to know if first time DUI affects my chances of getting I-485 approval?
    2) I'm planning to convert from my H1-B status and start using EAD, will it be wise to do that considering the DUI arrest.
     

    Answer

    Video URL

    Friday, January 29, 2021 - 08:47

    I-485 AOS filed - Maintaining H-1B status after getting EAD/Changing jobs after I-485/Being unemployed/Start own business, etc. (Filed for I-485, EAD, AP along with EB-2 to EB-3 I-140 downgrade)

    Question

    I have filed for I-485,EAD,AP along with EB2 to EB3 I-140 downgrade in October 2020. Got the receipt notices.
    1)After 6 months of I-140 approval & I-485 pending with USCIS. Once if I switch job to new employer and use my EAD,AP. Should I have to ever come back to my employer (who sponsored my green card)before I receive green card or after I receive green card for any duration of time anytime?
    2)What happens if I stay unemployed after using EAD for some days before I receive the green card? Is my I-485 automatically denied?
    3)Is it possible for me to go back to EB2 line with same employer if I start using EAD and AP based on EB3 downgrade I receive?
    4)Is it possible to start a company on my own using my EAD and work for my own company till I receive green card? If yes, then say I am working project to project basis consulting do I need to file any other documentation?
    5)Why do people maintain H1B status even after getting EAD. Only risk I understand is I-485 denial. But if everything is clean and clear with respect to I-485 why do candidate needs to keep maintaining H1-B visa.
    6)What are the risks for EAD and AP renewal. Does the candidate need to prove anything related to job/salary etc any time for renewing EAD and AP each time till I get green card.

    Monday, January 11, 2021 - 11:57

    Visitor, Tourist, B-2 visa extensions and multiple extensions

    Question

    My Mother-in-law arrived in the USA on Feb 19th, 2020 on visitor visa (B2), her initial plan was to stay till Aug 11th 2020 but due to covid-19 and travel ban we have applied extension for another 6 months - Feb 4th, 2021 on June 19th, 2020. Her case status is still under processing("Case Was Received") even though she is getting close to the end of first extension. Since she is over 62 and belongs to high-risk traveler category(with pre-existing conditions), we would like to extend her stay for another 6 months, mostly till June 2021. Her authorized stay(I-94) expired on 8/18/2020
    <br>

    1) Can we apply the second extension for another 6 months while her first extension is in processing, if yes, what is the process?<br>

    2) Can she stay in the US even after Feb 4th (first application requested end-date) while the application is being processed, will this be considered overstay?<br>

    3) What happens if my mother in law leaves before biometrics appointment?<br>

    4) if rejected, how soon do we have to leave the US and will the stay from I-94 is considered as overstay?<br>

    5) Staying beyond 1 yr has any impact on future visits?

    Answer

    Watch the Video on this FAQ: Visitor, Tourist, B-2 visa extensions and multiple extensions

    Video Transcript:

    This FAQ has become such a problem for people. Answering to the question:

    1. Yes, you can.

    2. Yes, she can.

    3. Just keep track of all the paperwork you have filed to make sure you can prove to the government that she was legally in the United States. She can leave before the biometrics.

    4. Reasonable time. A few days to three weeks depending upon what is reasonable under the circumstances.

    5. If she stays here for six months or one year, let her stay outside for at least a year otherwise the government can refuse her entry saying you have been coming too frequently. FAQ in detail...

     

     

    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.

    Wednesday, January 6, 2021 - 07:03

    Delay litigation/Mandamus

    Question

    I am on H1B and we applied H1B renewal and H4 and H4 EAD for my wife which is pending , my wife company is ready to apply H1 (she already used her H1 before from 2013 to 2016) , just wondering what will happen to her H4/H4 EAD application which is pending to USCIS right now ? I am hearing lot about litigation for H4 , are you filing litigation if needed ? If so what is success rate ?

    Answer

    Watch the Video on this FAQ: Delay litigation/Mandamus

    Video Transcript

    Delay litigations are highly useful, but not in all cases. FAQ in detail...

     

     

    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.

    Wednesday, January 6, 2021 - 06:52

    Loss of H-1B Job and Opting for B-2 Visa

    Question

    1) I lost my job almost 6 months ago. I was on H1B with I-140 approved. I filed for a change of status to B2 (not approved yet). Now I have to extend again since I wasn't able to find a job and cannot move out of the USA right now.
    How long/many times can one extend a B2 under the given circumstances?<br>

    2) If for whatever reason say the original B2 petition filed in July gets denied do I get illegal presence for all these months from July? How long(days/weeks) does a person has to leave the country in this case?
    <br>
    3) Any suggestion on what steps to take if USCIS does not approve COS from B2 (pending) to H1b but processes as consular processing. I am a Canadian resident but I heard only emergency visa appointments are available.

    Answer

    Watch the Video on this FAQ: Loss of H-1B Job and Opting for B-2 Visa

    Video Transcript

    1. Until the B-2 is denied you could try to keep getting it extended.

    2. No, as long as a timely filed B-2 was pending you have no unlawful presence.

    Well, technically you have no grace period to leave, but the 180 days begin to be counted from the date of the B-2 denial, not from the date of the 60 days expiration of the H-1B.

    3. At this point you should talk to a lawyer.  FAQ in detail...

     

    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.

    Wednesday, January 6, 2021 - 05:59

    Supplement J timing and joining previous Employer

    Question

    I was working with employer A for 7 years on H1 B and they have filed Labor and I-140 with Priority Date 2014. Now I am on H4 EAD since 2019 and working for employer B for same role .
    My Priority date was in filing date chart and my ex employer A agreed and filed my I-485 with form J on November 2020. Do I have to join my old Employer A now or it's fine if I join them after I-485 is Approved? If I don't join them now , will there be any problems in the 485 interview if I intent to join after I-485 approval ? Is it possible that employer B can file form J form after 180 days of I-485 receipt date without joining my old employer A considering my Priority date will be on the final action date after 4, 5 years .

    Answer

    Watch the Video on this FAQ: Supplement J timing and joining previous Employer


    Video Transcript

    You have to discuss your case with your lawyers.  I would recommend having your lawyers review your honest intentions make sure that everything is all right and then if you file the I-485 under whatever circumstances, Supplement J can be used after 180 days. FAQ in detail... 

     

     

    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.

    Tuesday, December 15, 2020 - 10:54

    Priority date and original I-140 approval notice

    Question

    I am currently on H1B visa (3rd year) and a few days back I got my I-140 approved in EB-2 category. I want to know if I can change my employer and retain my priority date.

    Thursday, October 1, 2020 - 07:29

    Priority date and original I-140 approval notice

    Question

    I am currently on H1B visa(3rd year) and few days back I got my I-140 approved in EB-2 category. I want to know if I can change my employer and retain my priority date.

    Answer

    Watch the Video on this FAQ:

    Priority date and original I-140 approval notice

    Video Transcript

    So once again the priority date is yours the moment the I-140 is approved whether it is revoked the very next day, but if it stays unrevoked for 180 days whether or not you're with the same employer you also carry forward the right to extend your H-1B. FAQ in detail...

     

    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.

    Friday, September 25, 2020 - 10:56

    Changing Status During a Pending Application - Authorized Period of Stay

    Question

    Currently, I am On My H1B, filled H1 extension on time, before I -94 expiry, ( Perm, I-140 Approved ). When H1 extension pending in normal process can I apply for a change of status to F1 by using the H1 receipt number? While I am on F1 if my Priority date is current, can I Adjust my status / file (i-485) when I am on an F1 visa? Will it be an issue If I am F1 visa to Adjust my status if priority date is current?

    Answer

    Watch the Video on this FAQ:

    Changing status during a pending application - authorized period of stay


    Video Transcript

    There is an assumption if old status has expired and you have an application pending you are just in authorized period of state. And by the way, if you have an employment based green card going on and your dates become current you can file a I-485 that is if you are protected by section 245(k). 245(k) says we will forgive you being out of status or unofficially employed for up to 180 days if you are an employment based applicant or their derivative so if your old status expired, F-1 is pending, but the old status expired less than 180 days ago you can file I-485. FAQ in detail...

     

    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.

    Friday, September 25, 2020 - 09:17

    Unstamped H-1B Quota Exemption

    Question

    I had an H1B from my previous employer that was valid from Dec 2016-Dec2017. I never got the visa stamped and it has complete 6 years unused on it. The question I need your help with is if an employer files H1B for me, would it be eligible for Cap-Exempt processing or not?

    Answer

    Video URL

     

    Friday, September 25, 2020 - 08:05

    Owning or Doing Business on H-1B

    Question

    Is there any legal issues with starting a LLC for a software product on H1B based on below scenarios.
    Scenario 1: Start a LLC in partnership with a US Citizen. For example say I would be 90 % stockholder and the other person would be 10 %. My partner would run the company and do all the work that is needed to sell the software product. I would be a passive owner and not involved in any active duties.

    Scenario 2: Start a LLC as 100 percent stockholder and employ a GC holder or US Citizen as a manager to run the company. I would be a passive owner and the manager would do all the active duties. Is there any restrictions around how much salary i should pay the manager of my company? How about if i offer him/her 10 % of the stocks as a compensation instead of salary or offer him/her commission based salary?

    Answer

    Watch the Video on this FAQ: Owning or doing business on H-1B

    Video Transcript

    1. I do not see any problem with that.

    2. I think that's fine, but a little bit more complicated. There is no restriction on the salary to be paid to the manager and you can pay them in stocks FAQ in detail...

     

    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.

    Tuesday, September 15, 2020 - 08:00

    H-1B portability without a visa stamp

    Question

    I came to US on H-4, so I have only H-4 stamping in my passport. Got my H1b picked up in lottery two years back, and did COS to h1, and have approved i797A with I-94 and working with my current employer.

    Got an offer from another company, and they filed my H1b transfer, and got the i-797A approval with I-94.

    So my question here is, can I join the new company using the H1b transfer approval, even though I don’t have H1b stamp at all in my passport? Will this be a valid H1b transfer?, or should I go back to India to get my H1b stamping to join the new employer?

    Answer

    Watch the Video on this FAQ: H-1B portability without a visa stamp

    Video Transcript

    When you have an H-4 visa stamp and you came to the United States and you got selected in the lottery that means you got your H-1B and you got your change of status. If you change employers you can start working as soon as your change of employer paperwork is delivered to the USCIS. You do not need any H-1B visa stamp for that purpose. FAQ in detail...

     

    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.

    Thursday, August 20, 2020 - 01:58

    Deadline to join new employer after H-1B transfer is approved

    Question

    After H-1B transfer is approved with the new employer, how long do I have to decide if I can to join the new employer? Can I join after 90 days of H-1B transfer approval? Is there a deadline?

    Answer

    Watch the Video on this FAQ:

    Deadline to join new employer after H-1B transfer is approved

    Video Transcript

    The answer is there is no deadline... FAQ in detail

     

    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.

    Tuesday, August 18, 2020 - 05:44

    H-1B no notification of termination, 60 days grace period, etc.,

    Question

    My employer ended my employment due to COVID reasons on May 31, 2020 but I never received an official termination letter. Calculating the grace period depending on the assumed termination date mentioned above, I have till July 30 to find a new job. Should my new employer give me an offer or start the H1B transfer application before July 30? What happens if they fail to do so in time? Can I extend the grace period on the basis of having an offer in hand or maybe because of the pandemic? My final interviews with potential employers are being withdrawn because of the time restriction.

    Answer

    Watch the Video on this FAQ:

    H-1B no notification of termination, 60 days grace period, etc.

    Video Transcript

    File a complaint against the employer with the Wage and Hour Division of the U.S. Department of Labor by filling up the form WH-4. You can also call them. 

    The 60 day grace period works like this. The new employer must make sure that your H-1B transfer application is received by the USCIS within 60 days. So the LCA should be done, the package prepared and USCIS should receive your H-1B transfer within 60 days, otherwise you will be out of status and you will have to go outside the USA for visa stamping pandemic or no pandemic, also remember there is a proclamation that will stop you from coming back at least before December. Make sure you remain in status or at least file a B-2. FAQ in detail...

     

     

    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.

    Thursday, August 13, 2020 - 04:21

    H-4 EAD Issues

    Question

    I am having H4-EAD,Can I start any business?

    Answer

    Watch the Video on this FAQ: H-4 EAD issues

    Video Transcript

    You can start a business, any business and 10 businesses if you want. The only issue is what if there is a gap in your EAD. You will not be able to run that business, somebody else should be able to do that for you. That's the only practical difficulty. Legally, there is no problem. You can do whatever you like. FAQ in detail...

     

    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.

    Tuesday, July 28, 2020 - 03:38

    Working from Canada on or off H-1B

    Question

    Questions,
    1. Can I stay in Vancouver while I commute to Seattle for work once a month for a day?
    Is there any restriction on the amount of time I need to spend inside the US on H1B?
    Is there any restriction to how frequently I can go in/out of the US on H1B?
    <br>
    2. Since my work location would be changing to Seattle from California for me to be able to do this. I am suspecting my PERM will need to be refiled. But given that my H1B is expiring next year and the PERM, I140 process takes almost 1-1.5 years. Can my current company use an older existing approved I-140 petition to help me get my H1B Visa extended? My older I-140 had been approved for more than an year before I left the employer.
    <br>
    3. Will doing this have any impact on my H1B Renewal? I would need to go for re-stamping next year in September.

    Answer

    Watch the Video on this FAQ:

    Working from Canada on or off H-1B

    Video Transcript

    1. Sure and there are no restrictions on time.

    2. No, not really. Depends on how the PERM was filed. You should talk to your lawyers. Regarding I-140 yes of course as long as at least one day of that approval period was on or after January 17, 2017.

    3. No impact on your H-1B renewal.

    FAQ in detail...

     

    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.

     

    Tuesday, July 28, 2020 - 03:07

    Covid-19/Coronavirus applying for B-2 status

    Question

    I came to the US on H1b in 2010. My i140 got approved in Dec 2013. I joined a new employer on 21 Feb 2020. My H1B got approved till 20 Feb 2023, But I did not receive any receipt notice for my wife and my elder son H4. My employer told me that he applied for an H4 visa for my dependents.

    Unfortunately, I got laid off due to COVID-19 and my employer notified USCIS on 8th June 2020 to revoke my visa. My priority is to find a new job. But in case I do not find any job I would like to move out of the USA, I do not want to accrue unlawful days. But, due to the COVID-19 situation in India, I am scared to travel to India.

    My wife called USCIS and was asked to email USCIS on lockboxSupport@uscis.dhs.gov to notify her of the receipt number of my wife and son. But she has not received any response.
    I want to stay in the USA until the COVID-19 situation becomes normal. As per the Document COVID Coronavirus Converting to B-1 B-2 status.pdf on your website, I can apply for a change of status to B1/B2?

    Answer

    Watch the Video on this FAQ:

    Covid-19/Coronavirus applying for B-2 status

    Video Transcript

    Reach out to your lawyers and explain to them what is happening and tell them to make sure you get copies of everything. File for your family's B-2 if your H-1 is not filed within that 60 day I-94 time. If it is filed go ahead and file another H-4 application with them. For applying for EAD under certain circumstances please click here

    FAQ in detail...


    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.

     

     

    Tuesday, July 7, 2020 - 02:25

    Religious Worker Visa, premises still under construction

    Question

    The petitioner is a newly established religious organization {has IRS 501( c )(3) and state registration}. However, its principal place of business (this would be the beneficiary’s work location as well) is still under construction (so far, they have made good progress in the construction of the building). The petitioner does not conduct any religious programs yet. No other primary office location. Can the petitioner file an R1 for a minister for future employment? Would there be issues with the site visit if the facility is not completed by then? Do you have any advice on how to proceed with this case?

    Answer

    Watch the Video on this FAQ:

    Religious Worker Visa, premises still under construction

     

    Video Transcript

    As long as you have somebody who can start working soon, I think it could be accommodated. In this case I would have to review the law. FAQ in detail...

     

    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.

    Tuesday, June 9, 2020 - 06:32

    Covid Coronavirus Converting to B-1 B-2 status

    Question

    My employer has applied for my H1 B extinction and got an RFE ,based on RFE responded but I got denial USCIS site 03-20-2020. But my employer still did not received denial notice. How many days I can stay in the USA after denial. (my I-94 has expired Jan-25-2020)

    Answer

     

    Watch the Video on this FAQ:
    Covid Coronavirus Converting to B-1 B-2 status and 
    Covid Coronavirus H-1B denial

    Video Transcript


    A lot of you who have been laid off can use this information to maintain status. Lets say you got laid off in your H-1B. The way the 60 day grace period works is, you are given either the time remaining on your I-94 or 60 days whichever is less. So if you have only 45 days on your I-94 you have got a 45 day period not a 60 day period. 

    As long as you file a B-1/B-2 application with the government within those 60 days or 45 days depending upon your situation I think you are going to be quite OK. But here is what you need to understand. When you file B-1/B-2 you will use the form I-539. You will prepare a cover letter to the government telling them the truth that you have been laid off unexpectedly in the times of coronavirus. You cannot travel outside the USA, finding another job is getting difficult, you have enough money to support yourself, you will not work illegally and you are asking for a six month stay on a B-1/B-2 status and that as soon as you are back on H-1B you will not start working until the H-1B is approved. So make these points with the government.

    You can file the application online. While this application is pending you are not accruing unlawful presence. You are in an authorized period of stay. But here is one big point to remember. If you ask for six months your application is probably not going to be decided till about nine months. The last three months you would be accruing unlawful presence. So what you need to do is before the requested six month period is over if you have not found a job, apply for another extension even though the first one is still pending. Keep applying for further extensions until you need them no more.

    But B-1/B-2 is a great way to maintain your status. Nobody can travel during this time, so obviously you have something pending with the government even if you are out of status. These are extraordinary circumstances the government should forgive you for being out of status and at some point either at the point of the fist B-1/B-2 or at the point of the second B-1/B-2 approve your B-1/B-2 therefore take away all your unlawful presence issues and if they don't that’s what the good lord made the courts for. Apply for a B-1/B-2. It is a very important way to do things.

    FAQ in detail...

     

     

     

    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.

    Wednesday, May 6, 2020 - 11:34

    Implications of the 240 days grace period

    Question

    I am on H1-B with approved I140. My I94 expired on 10th October and my H1 extension was filed in time. After 7 months of processing time I got RFE even though my employer has filed two service requests requesting to expedite the process. Regardless now that I have got the RFE there is a very high probability that I wont get a response before 240 days which is on 6th June. As far as my understanding goes I am allowed to stay even after 240 days of H1 extension waiting for the decision but not authorized to work. Is that understanding right?

    Answer

    Watch the Video on this FAQ:

     

    Implications of the 240 days grace period


    Video Transcript


    When you file your petition timely you have a 240 days grace period to continue working even after your current status expires. That is a very big advantage, but the problem is what if the government takes more than 240 days to adjudicate. While the case is pending you can work for only 240 days, but you can stay an unlimited amount of time in the United States as long as the case is pending.

    In the context of an H-1B if you have filed for an extension to change you can continue working as long as the case is pending, but if you have filed for an extension without change, you have got 240 days. FAQ in detail...


    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.

    Tuesday, May 5, 2020 - 01:39

    B-1/B-2 visitors visa extension

    Question

    My father is having a B1/B2 visa till 2025. He came to visit me on Feb 12, 202. He has stamped (I-94)till August 4, 2020. Due to this COVID-19 situation, I would like to extend his stay in the USA on B1/B2. He visited the USA multiple time from 1987 to 2020.

    Answer

    Watch the Video on this FAQ: B-1/B-2 visitors visa extension 


    Video Transcript

    There should be no problem applying for extension in these circumstances. The important thing is to get the application filed. It is not that important to get it approved. Make sure he keeps proof of timely filing. FAQ in detail...




    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.

    Thursday, April 30, 2020 - 01:39

    Covid Coronavirus Question from Employers about Payroll for H-1B and others L-1, E, etc. employees

    Question

    We are looking at various measures of safety and expense control. First and foremost everyone is working from home for their on safety and wellness. For expense control one idea that we were discussing was a potential pay rate reduction for a short period of time.

    Answer

    Watch the Video on this FAQ: Covid Coronavirus Question from

     Employers about Payroll for H-1B and others L-1, E, etc. employees


    Video Transcript

    If you look at the Department of Labor regulations they say that the employer cannot stop paying a salary or the right amount of salary for anything that the employer does. So if you don’t have a project that's your problem. If by law or by local order you cannot open offices and you cannot work, would you as an employer be allowed to pay a lesser salary and that might be something to look at because rather than laying off all the people that your concerned about I would have you to think about other alternatives. FAQ in detail...


    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.

    Thursday, April 30, 2020 - 01:39

    Covid Coronavirus changing H-1B home office location

    Question

    I recently got approval for Work From Home, from my client. So my work location will be my home. My H1B Amendment is filed. Because of situation, I have to change my home i.e work location, within same MSA. Also, if we can change the house, just updating AR-11 will suffice?

    Answer

     

    Watch the Video on this FAQ:

     

    Covid Coronavirus changing H-1B home office location


    Video Transcript

    Changing location of work within the same geographical area is not a problem. Do remember to file your AR-11. FAQ in detail...



    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.


    Tuesday, April 28, 2020 - 01:39

    Covid Coronavirus Extension of B-1-B2 (tourist visas or business visas)

    Question

    My parents are here in US on B1/B2 visitor visa and their I-94 expires on June 5th. With the current Covid Situation, I feel it's risky to send older parents back to India. I would like to know if I can apply for extension of stay based on this situation? USCIS will consider this kind of pandemic situation in to account for extension? If I can apply extension how soon I should do and how long I can extend ( can do 6 months)?

    Answer

    Watch the Video on this FAQ:

     

    Covid Coronavirus Extension of B-1-B2 (tourist visas or business visas)

     

    Video Transcript:  


    This is an extremely important question, applying for an extension of B-1/B-2 status while there is coronavirus epidemic happening. ABSOLUTELY apply for your B-1/B-2 extension. It should not be a problem and once you apply for it online using form I-539 it is received by the government. You don't have to step outside your house. Now specifically answering your question you can extend six months from June. So once the application is received your parents can continue to stay here while the application is pending. FAQ in detail...

     
     
     
    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.



    Sunday, April 26, 2020 - 01:39

    Loss of job/laid off during Covid/Coronavirus times

    Question

    I lost job and my last date of employment with the employer is March 20, 2020. This employer sponsored H1B and also had ported GC AOS in 2018.:

    1. After my last date of employment (March 20, 2020), how much time do I have to transfer H1B and I-487 to a new employer?

    2. Will losing the job affect the EAD renewal in processing?

    3. How would it affect I-487 application, which can become current any time soon?

    Answer

    Watch the Video on this FAQ:

    Loss of job/laid off during Covid/coronavirus times

     

    Video Transcript:

     

    First of all you are in a good situation because if you have a I-485 pending then you can continue to stay even if you lose your H-1B or L-1 or any status because I-485 allows you to stay here. EAD that comes with I-485 allows you to work here and advance parole that comes with the I-485 allows you to travel. Keep in mind that all these are additional benefits to being able to stay.

    1. You have 60 days or the time remaing in on I-94 whichever is sorted so in this case probably 60 days.

    2. It will not.

    3. By the time you are ready to deal with the I-485 you should get another employment or at least an employment offer. 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.

    Wednesday, April 22, 2020 - 01:39

    Applying for tourist, visitors, B-1, B-2 to maintain status

    Question

    Spoken to the current employer's attorney on Tourist visa , they replied its not a correct path moreover it takes much proofs to tell USCIS i was on H1b working for employer and then changing to visitors and then after certain period of time when i find a project, changing it back (i.e applying) to h1 makes this case more complex.

    Answer

    Watch the Video on this FAQ:

    Applying for tourist, visitors, B-1, B-2 to maintain status


    Video Transcript:

    B-1/B-2 is not a perfect solution, but it allows you to be in an authorized period of stay for up to six months. You can apply before the six months are over for another extension whether or not you get it as long as the case is pending it was timely filed you are not illegal. You do not accrue unlawful presence, but you cannot jump to another status for that  you might have  to go outside USA. But under the current environment, it is an good point to argue. FAQ in detail...



    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.

    Tuesday, April 21, 2020 - 01:39

    H-1B visa holders during COVID

    Question

    1. Is H-1B visa holder eligible for unemployment only if laid off or even furloughed? if yes, how do we know that we are eligible?

    2. Where can I check my i-94 expiration date?

    3. If I now have to change from H1 to B2 due to furlough, and if I have to return back to work later with the same employer, should i have to go out of the country to change back to H1?

    4. What are the effects to my H1b if I have to chose using PTO or unpaid leave or combination of both, or if I have to work just 20hrs/week?

    5. If I have to apply for a H4 and an EAD, do both of them get approved at the same time? I am asking this because I wanted to know if there could be a gap in my employment after I switch from H1 to H4 waiting for EAD.

    Answer

    Watch the Video on this FAQ: H1B visa holders during COVID

    Video Transcript:

     

    1. You can definitely take the state unemployment insurance if the state law allows. 

    2. I-94 expiration date is in one of the two places. If your most recent I-94 was issued upon international travel you can go online and print out a copy but if your most recent I-94 was issued within USA as a change of status  you will need to get a copy of the approval notice at the bottom of which the I-94 is attached. Your lawyer should cut it out and give it to you. They are required by law to give it to you.

    3. You cannot do that.

    4. Reducing the number of hours is less objectionable. 

    5. They are taking a long time and they don't necessarily have to get approved the same time. Yes, there is likely to be a gap. FAQ in detail...


    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.

    Tuesday, April 21, 2020 - 01:39

    Effect of take over on L-1

    Question

    I am a Manager of a resourcing company in India working for more than 2 years in the same company. Recently, a US company acquired us. Can the US company apply a L1A visa for me and subsequently a green card in EB1-C category?

    Answer

    Watch the Video on this FAQ: Effect of take over on L-1


    Video Transcript:

    The answer is Yes. Remember that the relationship between the companies acquired, acquiring branch and parent does not have to be one year old, only your work for a member of  that group of companies must be one year outside the USA. FAQ in detail...




    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.

    Saturday, March 21, 2020 - 01:39

    Transfer of H-1B while extension is pending

    Question

    Can H-1B transfer happen in such case from company B? If yes then if this transfer is approved but previous H1b extension is not approved which is from company B will it impact my status in US? Can I work for company B still? Will there be any chance that I have to go to India and come back with stamped visa ?

    Answer

    Watch the Video on this FAQ:

    Transfer of H-1B while extension is pending

    Video Transcript:

    Yes you can. You can join company B but if the case is denied you will have to go outside the USA for visa stamping. FAQ in detail...




    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.

    Sunday, March 15, 2020 - 01:39

    What to do after an H-1B (or L-1) denial

    Question

    I got my H-1B denial on 02/20/2020. H1B expired date : 1/31/2020. I-94 expired date: 2/10/2020. H1B extension denial date: 02/20/2020. H1B filed date: 12/07/2019. H1B RFE date: 12/27/2019. H1B RFE replied date: 02/02/2020. How long can I stay ?

    Answer

    Watch the Video on this FAQ:

    What to do after an H-1B (or L-1) denial

    Video Transcript:

      

    The fact is that you are accruing unlawful presence beginning February 20th. So if you stay in the US 180 days after that you will be barred from entering the USA for 3 years. FAQ in detail...



    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.

    Friday, March 13, 2020 - 01:39

    Work duration and damages contracts under H-1B

    Question

    In my offer letter, they have mentioned if they sponsor H1b I need to work with them for 5 years. What happens if I change the company by down the road within these 5 years?

    Answer

    Watch the Video on this FAQ:

    Work duration and damages contracts under H-1B

    Video Transcript:

    Please check on the state laws about whether these contracts are even legal or enforceable. You can also visit this link on my article on :  

    Liquidated damages clauses In H-1B visa holders’ employment contracts



    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.

    Thursday, March 12, 2020 - 01:39

    Time of stay and definition of a manager/executive employee for L-1A and EB-1C

    Question

    I'm currently on H1B Visa with I-140 Approved. My Employer is sending to Canadian branch to work for 2 years. I have 1 person reporting the work to me (Offshore India). I'm not designated as a Manager. Upon return to US branch after 2 years completion in Canada. Does my application qualify for EB-1C category?

    Answer

    Video URL

     

    Tuesday, March 10, 2020 - 01:39

    Impact of 214(b) denial

    Question

    My boyfriend is applying for his F1 Visa in July 2020 for fall semester 2020 for his MS in Finance at one of the US universities (deciding on which one right now). This is a question asked well in advanced so we are fully prepared.

    Answer

    Watch the Video on this FAQ: Impact of 214(b) denial

    Video Transcript:

    Make sure he goes to a good university. If somebody is going to a top tier university the consular officer might be more inclined to consider the application as being a genuine application. Please be sure you are honest when applying. FAQ in detail...



    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.

    Friday, February 14, 2020 - 00:39

    Tourist/Visitors visa for people with special needs or challenges

    Question

    I am planning to sponsor Visitor Visa for my sister,she was diagnosed with Down syndrome when she was 1 year and she is now 45 yrs old.
    Considering her condition, i would like to know what additional documentation is required for visitor Visa B1/B2 apart from I130, letters to consulate & bank statements.

    Answer

    Watch the Video on this  FAQ: Tourist/Visitors visa for people

    with special needs or challenges

    Video Transcript: 

    Since Trump administration has proven to be extremely hostile to immigration, both legal and undocumented I cannot predict what the consulate is  going to ask. My advice would be to go ahead and apply for her like it is a normal application. Now I also want to add that any people with special needs or challenges as long as they don't pose a threat to the US people or their property they should not have any extraordinarily more difficult burden to carry than anybody else but medically they might have to prove that they can be taken care of. FAQ in detail...



    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.

    Wednesday, February 12, 2020 - 00:39

    Visas for same-sex partners from countries where such marriage is not allowed

    Question

    My partner is a teacher and was granted a J-1 visa on September 25, 2019. We've been together under one roof for 5 years and undergone the rite of Holy Union since same-sex marriage is not honored in the Philippines. I would like to seek advice on the best possible way on how to go to the US. Should I still push through with the J-2 visa application or as a tourist or visitor?

    Answer

    Watch the Video on this FAQ: Visas for same-sex partners from

    countries where such marriage is not allowed

    Video Transcript:

    In these cases B-2 visa can be extended as long as the J-1 holder is in the USA. FAQ in detail...




    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.

    Tuesday, January 28, 2020 - 00:59

    Consequences of losing my job on H-1B and revocation of I-140

    Question

    I am on H1-B and I lost my job 7 days back. I have I-140 approved with Priority date 2015
    Do I need to inform USCIS that I lost my job and I am searching for job ? if yes how and where ?
    How many days I stay in USA and search Job ?
    My I-140 was approved 8 months ago and now my employer said that he will revoke it , what will be impact on me after he will revoke it I-140 ?
    Am I able to extend my H1-B, once he revoke my I-140 ? ( my H1-B 6 years are completed)
    If I will go back to India and search job from India, can consulting companies transfer my H1-B in this particular situation ? or I will face complication ?

    Answer

    Watch the Video on this FAQ:

    Consequences of losing my job on H-1B and revocation of I-140

     

    Video Transcript:

    The moment the I-140 is revoked nobody can take away your priority date. The only time priority date can be taken away is if the I-140 was approved in error or through fraud. On the other hand, once the I-140 has been approved and stays approved for 180 days not only do you keep your priority date, you also keep the right to keep extending your H-1B beyond six years with any employer. So180 days is a great time to wait. These regulations changed on January 17th, 2017. Any cases that occurred after that date would have to go by these regulations. FAQ in detail...

     


    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.

    Thursday, January 23, 2020 - 04:55

    Must we maintain H-1 or L-1 status while I-485 is pending?

    Question

    Is it mandatory to maintain non-immigrant status (H1B) until the I-485 application is approved (a green card is issued)? I am not sure whether USCIS will send an RFE and/or call for an interview when my PD becomes current.

    Answer

    Watch the Video on this FAQ:

    Must we maintain H-1 or L-1 status while I-485 is pending?

    Video Transcript:

    Yes, you SHOULD maintain H-1 or L-1 status while I-485 is pending, because these days, especially the government can create odd problems with your I-485. FAQ in detail...

     


    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.

    Thursday, January 16, 2020 - 01:53

    Variation in H-1B job approved and actually performed

    Question

    I am getting new job as a developers right now.

    My new employer is fine to give me offer letter as a Senior Technical Project Manager and keep my job profile as a Senior Technical Project Manager but he wants me to start work as a developer at client place.

    What all important things I will take care so that I will not face problem with my green card please guide me ?

    Answer

    Watch the Video on this FAQ:

    Variation in H-1B job approved and actually performed

    Video Transcript:

    Minor variations in jobs are normal. But the key question is; is there a substantial change. Any substantial change in an H-1B job requires an amendment. Please stick with the truth. Be honest about what your job is and what is required is that you make a good faith estimate at the time you file the H-1B. If there are minor variations, the system will tolerate them, but if there is a substantial change file an H-1B amendment. Also, as long as you are qualified you can take any job for which you are qualified, without regard to what you did before. FAQ in detail...

     


    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.

    Thursday, January 16, 2020 - 01:27

    How far ahead of job or petition start date can I apply for H-1B visa stamping?

    Question

    My H1B got approved for just 11 months started this October 2019. My H1b is expiring on August 15 2020 and I-94 on August 25 2020. My company will be filing for an extension under premium after February 15th which will be 6 months before my H1B expires. Thinking that I will get my H1B approval notice by end of Feburary 2020 under premium. Can I travel to India during the March 2020 and get my H1B stamping done based on my new approval of H1B given my old H1B is only expiring on August 15 2020. Want to avoid H1B stamping twice if I wanna travel in future after August 25 2020.

    Answer

    Watch the Video on this FAQ:

    How far ahead of job or petition start date

    can I apply for H-1B visa stamping?

    Video Transcript:

    For H-1B the recommendation at the U.S. consulate in India is 90 days. You can apply 90 days ahead of time, but they do make exemptions and I have seen them do it as much as six months ahead of time. Always a good idea to check. My understanding is that their website says something like 90 days, so just keep that in mind. So if you are going to apply for an H-1B you can apply perhaps 90 days ahead of the start date or the petition approval date.  FAQ in detail...

     

     

    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.

    Thursday, September 26, 2019 - 06:18

    Travel During H-1B Amendment and Using Old Employer's Visa Stamp

    Question

    I had to travel to INDIA because of my Father's serious health condition on FMLA. Currently my H1-B amendment is in process, so I am looking for my options to travel back to US. Below are complete details.<br>
    I have moved to my current employer in April 2019 and I have approved H1-B for 3years.<br>
    Now because I am changing client and location, they have filed amendment and it is currently under process.<br>
    I don't have STAMPING with my current employer but I have STAMPING with my previous employer until end of 2019.<br>
    During Job change from my previous employer I have applied for H4 and also change of employer. Both got approved and I revoked my H4 application.

    Answer

    Watch the Video on this FAQ:

    Travel during H-1B amendment and using

    old employer's visa stamp

    Video Transcript:

    You can travel out while your H-1B amendment is pending and you should be able to use the visa of the old employer. FAQ in detail....

     

     

    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.

     

    Wednesday, July 31, 2019 - 02:23

    What to Expect from H-4 EAD Revocation

    Question

    I am on H4 EAD working in a full time job .Now as their are news coming to revoke H4 EAD, if the H4 EAD rule revokes, what might be the other options for me to continue my job? If I join masters, will I get the CPT if I change to F1 visa in the final semester. Is it valid like that?

    Answer

    Watch the Video on this FAQ:

    What to expect from H-4 EAD revocation

    Video Transcript

    You can join Masters and you can get CPT but the government is now saying that CPT OPT combined can be only one year. So there is not a whole lot of options. Once we know the final regulations, we will be able to guide you better, but right now this is all we know. FAQ in detail...

     

     

    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.

    Wednesday, July 31, 2019 - 02:10

    H-1B Unpaid Leave or Time off

    Question

    I am working on H-1B for Employer A. I want to switch jobs and need a study time for about 3-5 weeks full time. I was thinking if I could go an unpaid leave from my current job for 5 weeks, and use this time for my preparation? It gets tricky as I cannot tell my current employer the actual reason for my intended leave. How will my H-1B status get affected due to this? Can I be in the US during this time? If yes, under what conditions?

    Answer

    Watch the Video on this FAQ: H-1B unpaid leave or time off

    Video Transcprit

    If it can be avoided you should not leave the United States. It is legal for an employee to take unpaid time off. It is normal for an employee to take personal time off, but the employer for their own protection should be documenting this. I do not believe that you should give a specific reason. FAQ in detail...

     

    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.

    Tuesday, July 30, 2019 - 03:23

    Traveling While H-4 and EAD is Pending

    Question

    Wife's H4 change of status application (I-539) and EAD (I-765) filed concurrently and in process. Can she travel outside country, get H4 visa stamping done and reapply separate EAD (I-765) again?

    Answer

    Watch the Video on this FAQ:

    Traveling while H-4 and EAD is pending

     

    Video Transcript

    If you have H-4 change of status and EAD both pending and you travel, come back and reapply for the EAD. You cannot use the old request. But if you are already on H-4 and EAD is pending you can travel and come back. FAQ in detail...

     

     

    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.

    Tuesday, July 30, 2019 - 03:12

    Issues Related to Tourist Visa/Business Visa (B-1-B-2) Extensions

    Question

    My father recently renewed his B2 Tourist Visa - and was given the 10-YR Multiple entry visa. He is currently visiting USA and his current I 94 expires in end of May 2019. Due to some medical issues - we were contemplating about requesting a 2 to 3 months extension for his stay - if possible. Would you necessarily have to provide an evidence in the form of a return ticket (about 3 months hence from end of May 2019) - to prove that he indeed intends to go back

    Answer

    Watch the Video on this FAQ:

    Issues related to tourist visa/business visa (B-1-B-2) extensions


    Video Transcript

    As far as I know they often do require a return ticket. FAQ in detail...

     

     

    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.


    Wednesday, July 10, 2019 - 08:16

    Applying for Green Card while on Student (F-1) Visa

    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.

    Tuesday, July 2, 2019 - 07:20

    What to do About Past Immigration Problems Causing a Current Visa Denial?

    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.

    Tuesday, July 2, 2019 - 03:06

    When does one become H-1B cap exempt - change of status/visa stamp?

    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

    Video URL

     

     

    Monday, June 24, 2019 - 03:39

    H-1B Joining Another Employer while a Transfer, Extension or Amendment is Pending

    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.

    Monday, June 24, 2019 - 03:21

    Impact on Current H-1B if Another H-1B is Denied

    Question

    I am already on a cap-exempt H-1B working for a non-profit full time. Another employer filed my H-1B 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:
    1. will there be any impact to my current H-1B?
    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

    Video URL

     

    Tuesday, May 28, 2019 - 07:58

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

    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.

    Wednesday, May 15, 2019 - 06:31

    Options to Stay in the USA After Expiration of H-1B

    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.

    Tuesday, May 7, 2019 - 04:39

    H-1B furlough or temporary lay off

    Question

    1. I am a dentist practicing in California, was working for FQHC ON H1 since 2017. I got temp layoff. As per HR they said placed on unpaid leave. My present status OK or am I on my 60 day grace period? 2. H1 Visa expires JULY, I was told they cant renew my visa until I return to work . How soon or late I have time to apply.

    Answer

    Video URL

     

    Thursday, April 25, 2019 - 01:35

    Multiple Years of CPT

    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.

    Thursday, March 14, 2019 - 03:48

    H-1B Employer Deducting Money From Salary

    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.

    Wednesday, February 27, 2019 - 04:07

    University of Farmington, Michigan issues

    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

    Monday, February 25, 2019 - 03:52

    Is H-4 EAD Tied to an Employer of H-1 Holder or to an I-140?

    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.

     

     

    Friday, January 18, 2019 - 08:18

    What to do When the 240 Days H-1B Work Authorization is Expiring?

    Question

    My H1 Extension is in progress since Apr 2018. My 240 day work authorization period is expiring on Jan 15th. My employer will put me on Loss of Pay after that. My questions are :<br>

    1). If I plan to wait for a decision on H1 extension, will I go out of status after Jan 15th and be staying illegally ?<br>
    2). I have approved I140. Can I go back to India and apply H1 extension from there (in case this extn gets rejected), will this be considered cap exempt ?

    Answer

    Watch the Video on this FAQ:

    What to do when the 240 days H-1B work authorization is expiring?

    Video Transcript

    1. You can stay in the United States. You just cannot work. So while your timely H-1B extension is pending you are not illegal, even after 240 days. The only thing is you will not have work authorization. You can also ask for an expedite at that point of time. It is worth trying. Even if the premium processing is not available expedited processing is still available.

    2. You don't have to re apply for the extension. The pending case would work. The only thing is since you left while the case was pending you would require to get a visa stamping and come back again. 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.

    Thursday, January 10, 2019 - 22:20

    I-94 expired -- Unlawful Presence

    Question

    I am H4 dependent visa holder. My I94 expired 9 months ago on Feb 2018 due to old Passport expiration. But my visa is valid until Dec 2019. I have over stayed more than 180days >365 days. I recently realized my mistake.Can you provide the best solution for this I94 problem? Explain please.

    Answer

    Watch the Video on this FAQ: I-94 expired -- Unlawful Presence

    Video Transcript

    Under the circumstances I would certainly look into 212(d)(3) waiver. 212(d)(3) waiver is given to those people where they have become subject to unlawful presence three year or ten year bar and there is no policy reason for the government to withhold their entry on a non immigrant visa. Please consult your lawyer regarding this matter. 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.

    Tuesday, January 8, 2019 - 03:51

    Status Expiring During the Pendency of an H-1B extension

    Question

    1. I have approved I-140, on 7th yr of extension and my current H1B Visa and I-94 valid with emp A until dec 31,2018 based on my latest approval I received in Nov 1st week.
    I have another 1 month to apply for an extension and I am requesting my employer to apply in premium processing.

    1)If my extension is applied in Premium before I-94 expiration but pending beyond my expiration date 12/31/2018,
    I will be 'out of status' even though 'authorized to stay' until decision is made. Is this correct that this may affect my future H1bs in case it is denied
    and attract NTA(notice to appear) in future because of my 'out of status' from date of expiration to date of denial or while leaving the country upon denial.<br>
    2. Is it better if I leave the country on the last day of my I-94 expiration(Dec 31, 2018) while my H1B extension is pending in order to avoid 'out of status' or 'unlawful presence' scenarios by staying here.
    If I leave the country while extension is pending in above scenario, is it possible for me to go for consular processing, get VISA stamped after it is approved and enter the US legally?
    or
    is h1b extension is considered as abandoned?

    Answer

    Watch the Video on this FAQ:

    Status expiring during the pendency of an H-1B extension

    Video Transcript

    1. No, and there is no NTA even if it gets denied. You can leave the United States within a short period. After the denial you won't get an NTA.

    2. You don't have to do that. There is no question of unlawful presence or being out of status when timely filed extension amendment or transfer request is pending and if you choose to leave the USA for whatever reasons you can always get a visa and come back. Traveling outside the USA does not abandon your H-1request. 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.



    Monday, January 7, 2019 - 03:58

    Continuing Employment-Based Green Card While Moving Outside the USA

    Question

    I am exploring an option to move to Canada temporarily in order to save my Canadian PR. My PD date is March 2012 and have an approved I140. Currently my H1B extension based on approved I140 is in process and hopefully it shall come soon and will be good till Feb 2022. Plan is to move to Canada after H1B approval and H1B visa stamping from India. <br>
    Questions<br>
    1. If Priority date becomes current during my stay in Canada then what are my options.<br>
    2. If Priority date does not become current and I tried to enter US after staying for more than year outside US. Two situation could occur H1B extension (I797) is still valid (before Feb 2022). Will I be challenged at port of entry whether i am going to perform the same duties as mentioned in I-129.<br>
    3. To convince them on job responsibilities will the letter from employer be sufficient Or need something else?<br>
    4. Recent pay stubs shall also be helpful to prove my continue employment with my same employer ?
    5. H-1B extension (I-797) is expired (after Feb 2022) OR because of some reason I have to file new H-1B extension to enter Can i use my approved I-140 to file new H-1B extension(or claim the H-1B period) and that will be cap exempt ? OR I have to file new H-1B petition and re-enter the lottery.

    Answer

    Watch the Video on this FAQ:

    Continuing employment-based green card

    while moving outside the USA

     

    Video Transcript

    1. One is to go through the consular processing in Canada or second is to get an H-1B status approved. Since you are not subject to the quota for six years after approval you can come back on H-1B and file AOS.

    2. An old H-1B certainly becomes a red flag issue for the CBP. It is definitely common for them to be concerned about this sort of a situation.

    3. That depends if the job is in - house for eg: the company is a product development company and they intend to hire you in - house then a letter from the company should be good enough.

    4. Pay stubs are not necessary, but if you are working for this employer from outside the United States you can certainly present pay stubs to prove that you were working for this employer. That is not directly relevant but it does show an ongoing relationship.

    5. Definitely. You don't have to reenter the lottery for six years after the last H-1B approval. 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.

    Wednesday, January 2, 2019 - 04:15

    Period of Maximum Stay Allowed for Tourist Visa Entrants

    Question

    I am a US citizen. My parents (father 72 y and mother 65y) have a valid multiple entry visit visa to USA issued in 2012 and valid till 2022. They used to make short visits to USA every year till 2016 with duration of stay averaging around 55 days each year. After my father’s retirement in April 2017 they have settled down in India.
    During their visit in June 2017 they stayed here for just under 6 months (174 days). They visited this year as well for about 173 days, arriving in SFO in June 2018. Upon their arrival at SFO, the CBP officer cautioned that the 6 month stay is not acceptable each time they visit, perhaps they will be given only 1 month stay during their next visit and that they should apply for green card if they wish to stay longer.

    Based on your expertise, we would appreciate if you could let us know whether there is a possibility that the CBP officer would have placed an adverse remark/ comment on their system and would enforce a short stay of 1-2 months during their next visit (tentatively in June 2019). Being aged, they are more comfortable with making 6 months visits on multiple entry visa rather than staying for longer periods in USA to keep Green Card valid.

    Answer

    Watch the Video for this FAQ:

    Period of maximum stay allowed for tourist visa entrants

    Video Transcript

    Preventative would be to stay less than six months each time you come or if you have stayed six months in a year then don't come back the following year. Wait another 12 months before you come back in. That would be prudent. 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.

    Wednesday, December 12, 2018 - 05:05

    Effect of L-1A Denial on Approved I-140 Green Card

    Question

    I am currently on H-1B , which expires on 20 Jan 2018 , Instead of filing H-1B extension my employer filed for my COS on L-1A , As i meet all the eligibility criteria. I also have my EB-1C I-140 approved , but we cannot file 485 as the dates are not current. My L-1A COS is rejected (Denied) . Will this impact my already approved I-140 ?

    Answer

     

    Video URL

     

     

    Tuesday, December 4, 2018 - 02:25

    Citizenship for Employees of Consulting Companies who have Projects in Different Cities after Green Card

    Question

    My Question is after getting green card and leaving consulting employer after 14 months, when person applies for US Citizenship (8 years after getting green card) can USCIS ( knowing that sponsoring company was consulting) asks for client letter, contracts ( like H-1B documentation ) for the period when employee was working with GC employer( after GC approved) ?

    Answer

    Watch the Video on this FAQ:

    Citizenship for employees of consulting companies

    who have projects in different cities after green card

    Video Transcript

    First of all, remember the laws has changed since 2017. Now supplement J has become an issue. Previously, when you did a AC21 shift of jobs, there were no filings required. So in older cases even if you don't join the employer, chances are that you are in a pretty good shape. Another thing that I always consider to be important and it often doesn't come up is your state of mind. Green card is based upon an intention of an employee to join an employer on a permanent full time basis either before or after the approval of the green card. I do want you to take a consultation and I want you to spend some time with a lawyer to go over your situation and make sure there's nothing else that's going to be bothersome. 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.

    Monday, November 26, 2018 - 06:27

    Starting Business While on Student Visa

    Question

    I am from India, and I am currently doing my masters in the U.S. My goal is to build my startup as I m doing my masters. Therefore, before coming to the U.S, I have incorporated a C Corp in Delaware with me and my brother as the owners. I don't want to violate my F1 status, therefore, even though I have incorporated the C Corp, We are not actively doing any work since I am not sure working on my startup in University will violate my status. I have tried getting in touch with International student services but I have not gotten a clear response on how I can run my startup as an international student while being on F1.

    Answer

    Watch the Video on this FAQ: Starting business while on student visa

    Video Transcript

    Doing a business while you are still on a F-1 status is illegal unless you get OPT. If you get OPT, the government has set a time or two as long as you are working in your own field. So if you are a software developer or you have a degree in computer science and you start a company where your primary role is software development or something akin to it you are allowed to do that as long as you have your OPT. You cannot do that in STEM OPT extension, but you can do it for the one - year OPT.  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.

    Wednesday, November 21, 2018 - 11:00

    Filing Change of Address

    Question

    I would like to know whether I should update my residential address to USCIS or immigration department in order to keep them informed of my updated address?? Since I'm the beneficiary and my wife is GC holder, she has applied for my I-130 of family based Green card when I was in New York and now I've moved to South Carolina, are we suppose to inform immigration department? If Yes who should inform them, can I give a permanent Mailing address different from my residential address since I may be working on short-term contracts.

    Answer

    Watch the Video on this FAQ: Filing change of address

    Video Transcript

    If you are on a nonimmigrant visa you have to notify the government about your address change. If you intend to live with your wife and you are working on a short term contract , I would  suggest you to give your wife's address as your permanent address. I think that's ok, especially if you are working on short term projects and moving from one place to another. 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.

    Wednesday, November 21, 2018 - 10:33

    Traveling Abroad While H-4 EAD is Pending

    Question

    I changed my job from company A to Company B. H1,H4,H4 EAD is approved for company A. I moved to company B and my H1 change of employer is approved. While H4 is pending with company B. Can my wife travel to India and apply for H4 visa stamping in India?

    Answer

    Watch the Video on this FAQ: Traveling abroad while H4 EAD is pending

    Video Transcript

    You can travel if you are already on H-4 and just your EAD is pending. If you have a change of status as well as an EAD pending don't travel. If only EAD is pending and you are already on H-4 that is ok. Please talk to 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.

    Thursday, November 15, 2018 - 10:56

    Unlawful Presence for Minors

    Question

    My son’s I-94 and visa are expired in June. We have applied for I-539 for extension in October. Will he be granted the extension.

    Answer

    Watch the Video on this FAQ: Unlawful presence for minors

    Video Transcript

    For a child under the age of 18 until they hit 18 there is no unlawful presence. They are only out of status. 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.

    Wednesday, November 14, 2018 - 08:59

    Impact of Unlawful Presence

    Question

    I am a LPR for 1 year. I married my wife 10 month ago. She came here on a J1 visa that expired 12 years ago and she is out of status. She never filed anything with USCIS except the I-130 9 month ago. The new policy implemented on Aug 9, 2018 for the F,J,M students and accrual of unlawful presence says that she will accumulate unlawful presence starting Aug 9, 2018. If she leaves US after February 5, 2019 she will be subject to 3/10 year bar. She plans to leave shortly before that and wait for her priority date to be current in 1.5 years hopefully. Do you think she can have any problems at the consulate interview if she was out of status for 12 years, and she accumulates close to 180 days of unlawful presence?

    Answer

    Watch the Video on this FAQ: Impact of unlawful presence

    Video Transcript:

    In your case make sure she came in with an I-94DS because if she did not have DS, then she's been accumulating unlawful presence for a while and then the only solution is when you become a US citizen, you can then apply for her I-485 without having an issue with unlawful presence because she entered legally. Please spend some time with your lawyer, go over your wife's situation in detail, learn all the pros and cons of your situation. 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.

    Tuesday, September 18, 2018 - 03:20

    Can I Join My Old Employer If The H-1B Transfer Is Denied?

    Question

    I have an H-1B visa stamped from employer A and the employer B has filed my H-1B (Transfer visa) based on the H-1B petition visa from employer A. Now, my H-1B visa filed by employer B is on RFE and my employer A wants to file the GC based on my previously approved i-140 from employer C. Below are my questions: <br>

    1. Can I reject the offer from employer B and still continue to work with employer A on current Visa if my H-1B from employer B is approved?<br>
    2. Can I reject the offer from employer B and still continue to work with employer A on current Visa if my H-1B from employer B is denied?<br>
    3. In case my visa from employer B is rejected do I need to leave the country and come on the stamped visa which I have now?<br>
    4. Can I ask employer A to file my Green Card even if my H-1B from employer B is rejected or approved without any issues or do I need to provide any visa documentation to employer A on my petition from employer B being approved or rejected?
    Can I immediately file the Green Card with employer B (after joining the employer B office) if my visa from employer B is approved?

    Answer

    Watch the Video on this FAQ: Can I join my old employer if the H-1B transfer is denied?

    Video Transcript:

    1. The answer is No. A prior approved H-1B is not overruled by a subsequent H-1B through another employer. If you have signed any contracts that's a different issue, but as far as immigration law is concerned, having one, two, three or even twenty subsequent H-1B approvals have no effect on a previously approved H-1B.

    2. The answer is Yes. 

    3. Not at all. As long as your employer A has not been revoked and employer B/A still maintains your status you are fine.

    4. Any employer or any number of employers can file for your green card as there is no limit. The only issue is are you doing it in good faith. Is it an honest intention to join them upon approval of the green card. These are issues that you should discuss with your lawyers who are processing your green card. 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.

    Monday, September 10, 2018 - 05:15

    H-4 EAD Based Upon Prior Employers

    Question

    I am currently working with employer A on H-1B visa with I-140 approved for over 180 days. My wife is on F-1 EAD. I am planning to move her visa status from F-1 to H-4 EAD AFTER I join Employer B next month based on my approved I-140 from my employer A. <br>

    My questions are:<br>
    1. Once I join employer B, will I be able to apply for my wife's H4 EAD based on approved I140 which I have from employer A? Can I apply both visa status change (F1 to H4) and application for H4 EAD concurrently?<br>
    2. In other words, will changing my employer impact my wife's eligibility to get H-4 EAD based on my approved I-140 from previous employer?<br>
    3. Can I change multiple employer based on I-140 approved from employer A? If yes, what if employer B has already started green card process (PERM)?<br>
    4. If I get I-140 approved from employer B also then what will happen to I-140 approved with employer A?

    Answer

     

    Video Transcript:

    1. Yes, you can apply both change to H-4 and H-4 EAD concurrently. Therefore even though you are working for employer B your wife can derive the same benefit as you would from the earlier I-140 approval.

    2. No. Even though the I-140 was from the previous employer.

    3. You can change employers as many times as you like and once your I-140 has been approved 180 days there is no limit to how many employers you can change and how long you can keep getting extensions of your H-1B as long as the dates are not current. If the dates become current then you can get only one year extension as far as I recall.

    4. The answer is No. Both remain valid in their own right and you can derive the maximum benefit whichever is better for you out of the two. 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.

     

     

     

    Tuesday, August 21, 2018 - 23:47

    The Impact of the NTA Memo

    Question

    Under new deportation and denial policy 2018, I have following questions if I want to renew green card after 10 years. Can green card renewal I 90 be denied because of some common errors like forgot to submit copy of old green card, or any court document ( removal proceedings canceled without prejudice). Will I get deported if GC is denied due to minor administrative error?

    Answer

    Watch the Video on this FAQ: The impact of the NTA memo

    Video Script

    Green card renewals have been pretty much an administrative process. It is like renewing your drivers licence. If your green card is denied due to a minor administrative process can you be deported? Well, even under NTA if they put you in deportation your lawyers can walk over the evidence of the error to the court. Right now USCIS has postponed implementing its NTA policy until further notice. Even if it gets implemented chances are that as and when the NTA policy get implemented, it would be more reasonable than the way they had announced. More...

    Visit the blog section to read more about this policy: https://www.immigration.com/blogs/deportation-and-denial-policy-2018-ju…

     

    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.

     

     

     


    Thursday, August 16, 2018 - 08:26

    Travel Outside The USA When A Case Is Pending

    Question

    1. I moved from client A to client B in June. My employer filed an amendment for me now. I have my current H-1B till September 2020 when I'm with client A but my visa stamping expired last year. Can I travel while my H-1B amendment is pending?<br>
    2. As my visa got expired, I have to get it stamped again. For that, should I have to go for interview again or can I do it by Dropbox?<br>
    3. What will be the case if my amendment is still pending. What will be the case If my amendment is approved by then​.

    Answer

    Watch the Video on this FAQ: Travel outside the USA when a case is pending

    Video Transcript

    1. Yes, you can travel.

    2. I don't know the exact local rules, but you have to go for visa stamping.

    3. You should not go until the amendment is actually approved. 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.

    Tuesday, August 14, 2018 - 08:54

    What Are Different Wage Levels For H-1B And Green Card Jobs?

    Question

    I am currently on my CPT(masters student) & working as full time employee in Cincinnati, OH. I would be converting to OPT in Dec,2018. My employer is fine to file H1B for the next year. My current pay is b/w 60k-65k/annum. I heard that min wage should be 65K for H1B. And even if H1B is picked, there could be chances of rejection at the time of RFE. Will the wage between 60k-65K is ok or should it be more than 65K? I have gone through couple of other websites to explore on this. According to FLCDataCenter.com, I gave Ohio, Cincinnati(Hamilton county) and occupation as software developers, applications--it displayed 4 different wage levels. My current pay falls close to Wage Level 1 but above 60K. would it still cause any issue for H1B? Could you throw some light on this.

    Answer

    Watch the Video on this FAQ: What are different wage levels for H-1B and green card jobs?

    Video Transcript

    The only difference between wage levels for H-1B and green cards in terms of logistics is, when we file for an H-1 we are using our best judgment to decide which level wage will be given. When we file a green card it is the government who decides what the wage should be. The wages are received in most cases from Foreign Labor Certification Data Center and there each occupation is based upon the county and the state in which the occupation is located and is covered under four different levels. What distinguishes the levels is the complexity of the job, the requirement that the employer has and how many years of experience, etc... Level 1 is usually for entry-level people right out of school doing formative chance, so they are still learning. Level 2 is people who are doing professional level jobs, but they are moderately complex at level 3 you become technically advanced. At level 4 you become more advanced but perhaps in terms of leadership. 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.

    Tuesday, August 7, 2018 - 05:54

    Specific Issues In The Trump NTA Policy For Denials

    Question

    I am in USA on work visa (11+ years with same company), I-140 approved from Feb 2011. My current H1 is valid till 8/20/2018, my company already applied for extension on 04/12/2018 under normal processing. If Extension denied after 8/20/2018, in how many days we have to leave USA? In how many days they will send NTA notice?

    Answer

    Watch the Video on this FAQ: Specific issues in the Trump NTA policy for denials

    Video Transcript

    If the RFE looks like it is really difficult to win, maybe leave USA while it is pending and wait outside if the case gets approved, get a visa and come back, but there you could have a problem. The visa stamping can take a long time, but of course if you have an existing visa you can return on that but if you don't have an existing visa for eg: H-1B visa and you have to apply for a new one, then be prepared for delays and I would always prepare clients or employers to send the work to your home country wherever you are because it is perfectly legal to be working outside USA while you wait for the visa stamping. 

    On the other hand the NTA does not say you cannot file appeal. Hence it is a really bad policy created by Trump. 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.

    Tuesday, July 31, 2018 - 06:40

    Applying for H-4 Status While on Parole

    Question

    I have I-140 and I-485 pending. H-1B ended on May 2018 and applied for extension which is pending.
    Spouse entered US under parole status and is valid till December 2018, H4 visa has expired in May 2018
    Can spouse apply for H-4 extension after approval of H-1B extension? If so can it be done from USA or have to travel abroad for H-4 visa stamping?

    Answer

    Watch the Video on this FAQ: Applying for H-4 status while on parole

    Video Transcript

    You cannot really get a change of status because parole is not really status. It is just authorized stay which is legal, but not full status. So basically if you want to convert back to H-4 , it does not require any prior approval from the USCIS. You can just take the spouses H-1 approval and go outside USA get your visa stamped and come back. When you enter using your H-4 visa you are back on being on H-4 instead of being on parole and if the I-140 or I-485 etc., is still pending you can of course keep extending your advance parole. You can apply six months ahead of time before the expiration of the parole. 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.

    Friday, July 20, 2018 - 00:47

    Applying For H-1B Transfer While An Extension Request Is Under RFE

    Question

    I am in USA on my work visa from June 2007. My Current H-1B is valid till 08/20/2018, I have applied for Extension on 04/10/2018 (I-140 valid from February 2011). I have one US citizen kid and one H4. For any reason if I got RFE after 08/20/2018, can I apply for H- B transfer with other employer? If yes, do I need to go outside of Country and re-enter on new H-1B with visa stamp?
    <br>
    Since I am leaving in USA legally from 11+ years, for any reason if H-1 extension denied. Can I apply for Asylum or another category where I can continue stay in USA (I am talking about apply for “Relief from Deportation under new Supreme Court Decision.)

    Answer

    Watch the Video on this FAQ: Applying for H-1B transfer while an extension request is under RFE

    Video Transcript

    Yes, but you probably will have to go outside USA unless the case is already decided in your favor when the transfer application is decided. Unless you have a genuine case you should not apply for political asylum and I am not sure that any kind of relief from deportation would apply to you just because you lived here for 11 plus years. I am not quite sure how in your case that the law would help you out. 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.

    Tuesday, July 17, 2018 - 22:45

    How Many Days Can I Stay In The USA After H-1B Denial?

    Question

    I was moved from Company A to Company B on Sep 2017 on the basis of receipt notice but now on may 14 2018 i got denial notice for Company B & they immediately told me to stop working. My H1B got denied because of specialty occupation. My Company B again refile my H1B on premium but on 18th June 2018 again there is RFE on Specialty occupation..my company is planning to reply RFE but I don't know how much time they will take. So now my question is if my this new petition also got deny due to Specialty occupation then how many days i will get to leave from USA

    Answer

    Watch the Video on this FAQ: How many days can I stay in the USA after H-1B denial a detailed discussion?

    Video Transcript

    The new regulations that became effective on Jan 17, 2017 now clearly says that if you were working for Employer A and Employer B filed your H-1B transfer and you joined Employer B using the receipt they got an RFE further along the line, the H-1B transfer got denied, government says you can go back and join Employer A as long as you never work without authorization and as long as the employer A has not revoked your H-1B and lastly the job that they had gotten approved for you is still in existence. 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.

    Thursday, July 12, 2018 - 07:09

    Changing Jobs While H-1B RFE Is Pending

    Question

    I have question for H1 transfer. I am working in USA from 2006 and changed 2 employers till now. My current H1B petition is valid till June 27,2018. I have my labor and I 140 approved with EB2 priority date of April 2010.I am working as contractor to the client in Bay area, California and employer is based in Ashburn Virginia. I joined this client as contractor in April this year so my employee filed H1B extension and amendment together in April. We moved this case to premium in early May and USCIS sent RFE on my case. My company attorney is working on the documents i submit for RFE response. My contract is only till August and I received client letter which states the same end date with further possibly of extension.

    This client wants to hire me as their full time employee. I have offer from another Healthcare client , however I am not sure if I can transfer my H1 to the new employer/client when RFE with the current employer is in process.

    Answer

    Watch the Video on this FAQ: Changing jobs while H-1B RFE is pending

    Video Transcript

    A possible situation is that your original approved H-1B still has time left on it. So let's say you got the H-1B approval till December of this year and you have an RFE pending so technically you still have the old petition alive and well almost. If you file for a transfer, chances are as long as your pending filing was not inappropriate government will accommodate and will allow you to go on to employer B, C, D or E as you please even with the pending case. 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.

    Wednesday, July 4, 2018 - 03:36

    Can An Employee Withdraw An H-1B Petition?

    Question

    I'm working on H-4 EAD with company A. Company B filed for H-1B for this year and it was picked in lottery but no decision made yet, now I don't want H-1B and asked company B to withdraw the H-1B and he agreed to it and shared the H-1B withdrawal letter along with the I-129C notice. Just to make sure that the petition is withdrawn without any issues, can I also post the same letter again to USCIS with company's from address on it?

    Answer

    Watch the Video on this FAQ: Can an employee withdraw an H-1B petition?

    Video Transcript

    You should send a letter to the government in writing, certainly, even get it maybe notarized to assure the government that these are your signatures and say that you no longer wish to apply for a change of status and you are not going to take up that job. So you hereby withdraw from the change of status request under the H-1B. After you send a notarized letter give them a call as well and just tell them you have written and this is what you want to be noted and that you are not going to go through the change of status. There is no actual procedure for it, but this can be as secure as you can be to ensure that the government will not give you a change of status even though you don't want one. 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.

    Wednesday, July 4, 2018 - 02:21

    Can A Green Card Be Filed For Me If I am On H-4 or L-2?

    Question

    I am currently on L-2 EAD (since Jun 2017) and work for Employer A. Can my current employer (Employer A) file for my Green Card ?

    Answer

    Watch the Video on this FAQ: Can a green card be filed for me if I am on H4 or L2 or F1 – – any status other than H-1B or L-1A?

    Video Transcript

    Yes. A green card can be filed while you are on any status. But while filing a green card for visas like F-1, F-2, J-1, J-2 can be complicated in some ways. Consult your lawyers.  Make sure you got every part covered. If you are born in countries like India or China or any other countries that are very backed up you will have to be very careful and make proper plans before you file for a green card directly from any of the other statuses but there is no law that says you cannot do that. 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.

    Tuesday, June 5, 2018 - 05:30

    How Does One Change Status While Within The United States?

    Question

    I am currently working on L1B with company A and I received my H1B I-797 last year from same company A, but didn’t do the conversion to it yet.
    I want to change to company B in regards to which I have the below questions:<br>
    1- What is the process of switching the visa, and does it need me to setup an interview appointment?<br>
    2- If yes, does this have to be out of USA and in my home country?<br>
    3- Do I need to get the stamping for H1B with company A before moving to company B? Or can I switch to company B without going for H1B stamping for company A?

    Answer

    FAQ: How does one change status while within the United States?

    Video Transcript

    There are three types of situations I can think of. One is when you are changing status to one to another (H-1 to F-1 or H-1 to tourist visa) can be filed just by using form I-539. Then there are some where the change of status requires refiling of the entire paperwork for the petition. H-1 and L-1 are examples of that category and the third situation to change of status is when certain categories of people are not allowed to change status. An example would be if you are here on a visa waiver also calling ESTA program you cannot change status. 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.

    Thursday, May 31, 2018 - 07:21

    Status of off-site placed STEM OPT extension students

    Question

    USCIS now interprets the 24-month STEM OPT extension rule from 2016 to require a STEM OPT worker to be placed only at a worksite of the employer. In other words, the USCIS now says that any offsite placement, including at a third-party worksite, is prohibited. Will this affect the H1B petitions filed by employers for such opt students, where they are working at an end client location (not employer location) and the H1B petition was filed with end client details.

    Answer

     

    Video URL

     

    Thursday, May 24, 2018 - 03:54

    Is there any law to provide legal stay to the parent of US citizen child with disability?

    Question

    My spouse and I are staying in the USA since last 10 years on work visa H-1B. We have our second daughter born in 2016 who is facing neurological disability which requires long term care and constant therapies. The current scenario is my husband's H-1B has denied and couldn't get back to the USA. I am here in the USA with my both kids on B2 Visa. My both kids are US Citizens. Is there any legislation which can provide legal stay to the parent of a child with disability in the USA?

    Answer

    Video URL

     

    Tuesday, May 22, 2018 - 08:11

    Effect of I-140 Revocation on Priority Date, H-1B Extensions Through Any Employer, etc.

    Question

    I have my I-140 approved in 2015 and its beyond 180 days now with Employer A.
    <br>
    If I move to Employer B
    a) Consider that Employer A revoked my I-140<br>
    b) Please help to confirm will it possible to get multiple extension with previous 180 approved.<br>
    c) Even if Employer B doesn't file a Green Card (Labor then I-140)... Can I get multiple extension with Employer A approved I-140

    Answer

    FAQ: Effect of I-140 revocation on priority date, H-1B extensions through any employer, etc.

    Video Transcript:

    Beginning January 17, 2017 the law is that if your I-140 has been approved and stays approved for 180 days and atleast one or two days past Janaury 17, 2017, because if it was revoked after 180 days but before Janaury 17, 2017 when the new regulations came in you would have to look at other things but not those regulations. These new regulations say first of all the moment your I-140 is approved your priority date is yours to keep. You can take it to any employer, you have to start the green card all over again, but you carry the priority date forward.

    The second thing that it says is that if in addition your I-140 stays approved for 180 days you will retain the ability to extend your H-1B on three years any number of times as long as the priority dates are not current with any employer for any job. So once I-140 is approved and stays approved 180 days your rights to extend H-1 beyond six years with any employer are quite secure. 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.

    Wednesday, May 16, 2018 - 10:20

    Child Turning 21, Immigration Consequences for Pending Green Card Cases

    Question

    I am on H-1 Visa and my son is on H-4 visa. He is 17 years(studying 11th grade). I wanted to know whether i need to change the visa status at the age of 21. If so, the green card processed by my employer for him will still be valid or not. Also, if he goes to India for studying his degree for like 4 or 5 years, will the green card processing for him will be valid.

    Answer

     

    Video Transcript

    Normally the children of people undergoing the green card process, convert to student visa if they are in school. If he gets covered by the CSPA (Child Status Protection Act) even though he has a student visa it doesn't change his green card status through you and again if he goes to India for a degree for four to five years his green card processing will still stay valid. There might be some technical details you have to attend to but that is certainly possible as long as he's not got a problem with aging out as he is covered by CSPA.  More...

    Related Video on CSPA:

    Rajiv Khanna discusses the impact of the CSPA (Child Status Protection Act) on Employment based Green Card delays on children turning 21.

     

    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.

    Thursday, May 3, 2018 - 13:09

    H-1B and Green Card Transfer From a Non-Profit Organization to For-Profit

    Question

    I am currently working for a Non-profit org on a cap-exempt H-1B. and my company initiated my GC processing. Below are the few questions:<br>
    1. Is the GC processing any different thru a non-profit from a for-profit organization? meaning, is it any advantageous to process my GC thru a non-profit?<br>
    2. Can my I-140 from a non-profit be transferred to a for-profit org, if I was able to move to a for-profit org?<br>
    3. What are the possible ways that I could move to work for a for -profit organizations? From your previous calls and thru my research I found out below few ways that I could to that. Please give your inputs<br>

    a. Finding a profit employer to file my cap-subject H1 (Can I start working for my new employer as soon as my H1b is picked in the lottery or approved, instead of waiting till Oct 1st?)<br>

    b. If a new employer sponsor my cap-subject H1 and if I dont move to the new employer, will my current cap-exempt H1 be still active and should I have to go under the cap next time I file a Cap-subject H1<br>

    c.applying for concurrent H1b<br>

    d. Moving on to H4EAD and filing a H1b next April<br>

    e.Joining a Masters CPT college and filing a Cap-subject H-1B next year

    Answer

    Watch the Video on this FAQ: H-1B and green card transfer from a non-profit organization to for-profit

    Video Transcript

    1. The answer is No. There is no advantage in going through for-profit or non-profit that's just irrelevant.

    2. No, non-profit or for-profit does not matter you cannot transfer I-140s, you can transfer priority dates unless your 1-140 is based upon a National Interest Waiver or an EB-1A.  Your green card can be transferred once your I-140 is approved and I-485 has been pending 180 days, then it doesn't matter what the nature of the organisation is.

    3. a.  I don't think there is any specific law on this issue. Technically, you can start working for them on receipt, but obviously you will only get a receipt if your case is picked up for the lottery. So if you have been maintaining H-1B status I believe you can start working for a cap subject employer as soon as your H-1 is picked up.

         b.  Absolutely. My guess would be if your H-1B cap subject H-1B is approved and it is not revoked till October 1st, I don't think you will be subject to a cap to work for a for-profit in the future. It shouldn't be revoked before October 1st and you should receive your change of employer. So in other words, you should get a new I-94 with the case because USCIS has been taking this position that just getting an H-1B approval does not put you over the top where you are safe from cap quota issues. They say unless you receive a change of status or go get a visa stamping till that time you are not exempt from the quota so you must also receive an I-94 which is a transfer of employer, but you can still continue working with the old employer.

        c.  Another way is applying for concurrent H-1B although it is a strange provision in the law where if you have a quota exempt H-1B as long as you maintain that without worrying about the quota you can also work on a concurrent H-1B for a quota employer.

        d. Moving to H-4 EAD is not a good idea because in June they are going to announce the revocation of the H-4 EAD regulations according to the court.

        e. Joining a Master's CPT and filing a cap yes, that's definitely an option.   

    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.

    Thursday, April 5, 2018 - 08:49

    Leave Without Pay for H-1B / Status

    Question

    I wanted to know if an H-1B employee can go on Leave Without Pay (LWOP) for lets two months and still maintain a valid status? Further to the question, under what circumstances/situations can a employee working on H-1B visa take Leave of Absence for couple of months, stay in United States and not have his immigration status affected?

    Answer

    Watch the Video on this FAQ: Leave without pay for H-1B / Status

    Video Transcript

    If you look at the Department of Labor regulations they allow employees for their convenience to take leave for things like tourism. So if you say you want to take 20 days off you could do that without losing your status, but if it is being used by the employer to bench you and them then you can be in trouble. If it is a medical leave of absence, then as long as you have a medical certificate and necessity and your leave is coextensive with the existence of that necessity I think that's ok as well. Hence couple of months are acceptable if the reasons are honest and not a pretext or an excuse to be off a project and be benched. 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.

    Thursday, March 29, 2018 - 05:21

    180 Rule for Priority Dates/H-1B Extension

    Question

    I have quick question about the mystery behind 180 days staying with the Employer with whom my I-140 is approved. So my I-140 is been approved with priority date as Dec 2014 and the Notice date is Nov 2017. Do I have to wait for 180 days/ 6 Months from the Notice date of Nov 2017 so I will not loos the Priority date when I move with new employer?

    Answer

    Watch the Video on this FAQ: The 180 rule for priority dates/H-1B extension

    Video Transcript

    Beginning January 17th  forward, some of that goes backward too, as soon as your I-140 is approved the priority date is yours even if the employer revokes the I-140 the second day or the same day so the priority date becomes yours the moment the I-140 is approved. If the I-140 gets approved and stays approved for 180 days and the employer then sends a letter to revoke the I-140 on the 181st day not only do you keep your priority date, you also maintain the right to keep extending your H-1 and I believe your wife's H-4 EAD as well even if the old employer revokes your I-140. The 180 days is the time for which the I-140 should stay unrevoked. 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.

     

     

     

    Thursday, March 22, 2018 - 09:52

    Jobs that Qualify for an H-1B Visa

    Question

    I am an international student and recently working for an organization. Please let me know what job title, position, salary, and other requirements I need to get for applying for working visa. Since my organization is really willing to help me and is ready to adjust with my position title and other things. Education: M.A Global Development and Peace, specialization - International Political Economy and Development

    Answer

    Watch the Video on this FAQ: Which jobs can qualify for an H-1B visa?

    Video Transcript

    In this scenario I can't say that your job requires the degree that you have. For instance, if you were a research assistant who basically worked on international political economy and development issues that would be an H-1B job. So it should be clear from the job and that you can't do this job without this kind of a degree.  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.

    Tuesday, March 20, 2018 - 03:26

    H-1B Tranfer, AC21 and I-140 Process

    Question

    1. While I am moving my H-1 New Employer B, What if something goes wrong during H-1 transfer or after that in GC processing with new employer like RFEs etc comes up, can I move back to employer A if employer A is willing to take me back. Does AC 21 portability rule applied to my case also? Since I have not filed I-485 yet, as per my understanding this rule does not apply to me. While my GC is in process with new Employer B and I am in waiting mode for I-140 approval with new employer, What will happen if my time to extend H-1 petition comes up.
    <br>
    2. Can I still extend my H-1 with new Employer even if I-140 with new employer is in process and not yet approved. Can I use my old Employers approved I-140 to extend my H-1 in this situation.

    Answer

    Watch the Video on this FAQ: If H-1B transfer is denied, can I go back to my old employer? When does AC21 job portability

    begin? Can H-1B be extended through a new employer while I-140 is in process?

    Video Transcript

    1. You can apply for an extension based upon two reasons either the first year anniversary of your green card filing that your PERM was filed a year ago or based upon I-140 approval. So, yes you can file for a one year extension if PERM was started a year ago.

    2. The answer is yes, as long as one of the two things exist. Either the I-140 has not been revoked in that case you can use it for extensions or the I-140 was revoked by the old employer, but after 180 days of approval in both cases you can extend your H-1 through some other employer like employer B even while employer B's own I-140 is still in process. 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.

    Tuesday, March 20, 2018 - 02:42

    H-4 EAD Termination and Converting to H-1B

    Question

    I was on H1 before completed all 6 years on it and converted to H4 and working on H4 EAD now. With latest court update, USCIS may decide to end H4 EAD program or stop new applications in next few months( we still do not know the final outcome). My EAD expires in November 2018 which leaves me no option of applying renewal before May 2018 ( 180 days clock). If this EAD goes away will I be able to file fresh H1 in April 2019 ? If in next couple of months, my spouse decides to switch Job based on his approved I-140 then my H4 will also need to transfer/extend. At the same time, will I able to extend my EAD at that time or I still have to wait to fall under 180 days expiry clock based on my current November 2018 EAD expiration date.

    Answer

    Watch the Video on this FAQ: H-4 EAD termination and converting to H-1B

    Video Transcript

    If you have already completed six years you cannot go back to H-1 unless you leave the United States for at least one year or unless you start a green card. Then you would be able to apply for an H-1 extension based upon either the first year anniversary of the filing or I-140 approval, whichever comes first you have to fall under the 180 days. A mere change in jobs doesn't allow you to reset the period for yourself.  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.

    Thursday, March 15, 2018 - 10:05

    Change of Status to Student F-1 While Green Card is in Process

    Question

    My question is about switching from an H-1 to F-1 visa. My six years of H-1 expires in March 2018. I have received an offer for a Phd. at Stanford (starting Aug. 2018) that happens to be one of my dream universities. My employer applied for a PERM back in August 2017, it has not been approved yet. Does the filing of PERM interfere with getting an F-1 visa. I know you’ve answered this question in the past regarding an I-140 and I understand that my chances with just a PERM are slightly better ?

    Answer

    Watch the Video on this FAQ: Change of status to student F-1 while green card is in process

    Video Transcript

    Yes, obviously you can try. I think what happens is when you are going to a good school, chances are government will accommodate and they will allow you to go back on F-1 because it is definitely a promotion path a career progression for you. I can't predict if the government will be reasonable or not, but reasonableness would require that they allow you to convert to F-1. Under the Trump administration I do not know how things are going to work out, but as far as predicting your chances are concerned I think you certainly have a shot. 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.

    Monday, March 5, 2018 - 10:11

    Parents Visa Denied Based on 214(b) Twice

    Question

    Below is my dads background .<br>
    Mom has always been a house wife & have lived in India most of her life except for 2 years in 1989 to 1991.
    My dad has been working in the Yemen for a subsidiary of American company called Clorex for 10 years as a plant manager for a chemical plant(purely management job). Did an MBA 2 years prior to his retirement at the age of 56 since the company sponsored it as part of employee benefit.Since then he had been living as a retiree , now for 4 years. In between I have took them to Singapore & Malaysia .Have a permanent residence in India .He pays luxury tax for that home. Has a daughter(married and settled in a different town) and a son other than me(works and lives with them in their house) ( I work in the USA on an H1 for past 2 years).Have travel history to Saudi Arabia but not in the past 5 years.
    I completely understand its the burden of applicant to prove the non immigrant Intent. But doesn't know how since both the times the officer didn't ask much .Both the times it was a joint interview .Wanted to know your comments.

    Answer

    Tourist visas are often denied based upon incomprehensible reasons. The most difficult reason to overcome is the 214B denial. Essentially, the consular officer says that your parents possess immigrant intent and that he is not convinced they will come back. You can ask for a supervisory review of that decision, but most of the times they don't work.

    Thursday, February 22, 2018 - 02:27

    National Interest Waiver (NIW) Filing When Priority Date is Not Current

    Question

    I am a staff in University of Pittsburgh and still have 3 more years to complete 6 yrs of my H1B. H1B sponsorship is an issue for me getting a new job.
    1) When I apply for a NIW -EB2, can I simultaneously apply for I140, EAD, 485 simultaneously?
    2) Although the green card date for Indians with EB2 is not current, can USCIS approve my EAD much earlier ( may be within a year) compared to approving 485 which might take several years?
    3) Further can I use that approved EAD to change jobs by bypassing H1B sponsorship?

    Answer

    Video URL

    Monday, February 5, 2018 - 22:52

    J-2 Status

    Question

    I am working in USA with the J1 visa as Postdoctoral Fellow. In April 2017 my girlfriend tried to come to USA and she was refused under the section 212a, because she told to the TSA agent that they did not have a serious relationship with anybody in USA, and they found out that she had sentimental links to me checking her phone, we were in bad moment in our relationship by that time. She has double nationality Venezuelan/Italian and she was trying to get in USA with the Italian ESTA. They removed her ESTA for ever and they told her that If she wan to enter in USA she is going to need a visa. Then I got married with her trying to get a J2 visa for her but the consulate denied twice her application under the article 214b, one in August ( after got married in Venezuela, and the other one now in December (on December we went together because I had to renew mine, but not success for her one).

    Answer

    Anyone who attempts to gain any immigration benefits, including visas, through perceived fraud or misrepresentation is permanently barred from entering the USA. In cases like this, you can try to revisit these findings with the consulate, but these are long, drawn out battles and difficult to win. Temporary visits may be possible with something called a 212 (d) (3) waiver.

    Monday, January 22, 2018 - 23:29

    H-4 EAD and H-1B Extensions Rules Change

    Question

    1. I have completed 6.9 years on L1A and move to H4-EAD based on my wife’s approve I-140. Now H4 EAD may go away. What option do I have to stay here and continue working (even after gap of a few months if needed) or I need to go out of US for at least 1 year and come back? <br>

    2. I have already completed my 6.9 years. Can company apply H1B for me in April 2018 and I can come back to US after spending 1 year outside. I believe H1B can be applied only 6 months prior to joining that job. But I can’t start working from Oct 1st as I already completed 7 years without pending GC labor/ I-140. In that case I can apply H1B only in April 2019 and start working from October 2019?

    Answer

    Watch the Video on this FAQ: H-4 EAD rules change and H-1B extensions rules change

    Video Transcript

    1. What you could try doing is have your green card started and you can use that to extend your H-1. 

    2. The problem is you don't have any time left on your H-1 because you have taken 6.9 years of L-1A. I think you can only do this if you start a green card process. More Questions and Answers

     

    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.

    Wednesday, January 10, 2018 - 09:29

    Staying in the United States Based Upon Medical Need of Child, B-2 or Humanitarian Parole

    Question

    Currently I am in India, my H1-B got denied and left US. My wife is in US on the basis of change of status from H4 to B2 on humanitarian grounds due my daughter's chronic medical condition. Her B2 is still under process and if approves then good till 24th Feb'18.

    Since It is uncertain I will get another employer who can sponsor h1b immediately,

    Is there any provision for US born, parent can stay due to her undergoing intensive treatment?

    Can we apply for humanitarian parole?

    Answer

    Watch the Video on this FAQ: Staying in the United States based upon medical need of child, B-2 or humanitarian parole

    Video Transcript

    If you are outside USA and your B-2 Visa is denied you can try a humanitarian parole. For more information, you can visit the USCIS link -  https://my.uscis.gov/exploremyoptions/humanitarian_parole

     

    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.

     

    Wednesday, January 10, 2018 - 08:29

    Implications of Acohol-Related Convictions, such as DUI, on Immigration or H-1B

    Question

    I am on H1B visa and was charged with DUI(1st off, no injuries, no aggravating factors) on October 29th,2017 at 2:30 AM in Harrisburg,PA. Took breathalyzer test and also the eye test was taken. After that I was taken to the booking center for bio-metrics and blood test. After 3 hours I was allowed to go home.
    I have been charged with the following:
    Gen Imp/Inc of Driving Safely - 1st Off 10/24/2017
    DUI: High Rte of Alc (Bac.10 - <.16) 1st Off 10/24/2017
    Obedience to traffic control devices - hazardous condition 10/24/2017
    What should be the next steps to be taken. Also how and what can be done to reduce the charges?

    Answer

    Watch the Video on this FAQ: Implications of alcohol-related convictions, such as DUI, on immigration or H-1B

    Video Transcript

    The first thing you need to do is get an immigration lawyer involved somebody who does deportations and also try and get somebody local. As long as you are not convicted you are not guilty. 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.

    Wednesday, January 10, 2018 - 07:29

    Effect of Salary Variations During L-1A Visa

    Question

    I came here on L1A. At the time of petition, my offer letter from my employer had a salary of $120K annually. This is $10,000 monthly. I want to know if running my payroll for less money will affect my GC process which I am planning to apply next year. Considering following situations, Will it affect my GC process which I am planning to apply after 1 year from my arrival date? 1) If my payroll is run for lesser salary e.g. in the range of $6000 to $8000? 2) If my payroll is run with (salary + bonus) to make it a total of $10,000/month (120K annually). For example salary = $6000/month and bonus = $4000/month

    Answer

    Video URL

     

    Tuesday, January 9, 2018 - 08:20

    Changing Jobs After I-140 Approval, Returning to the Old Job, etc.

    Question

    I am on H1B visa in US from 2008 with employer A, and i have I-140 approved in 2011 from Employer A, Now in 2017 i am planning to change my employer to Employer B.
    My question: Scenario 1 : If say Employer B doesn't sponsor/start my GC/I-140 in 3 years, can my employer B use Employer A's I-140 to renew n number of times ?
    Scenario 2: If I didn't like employer B in future and they have not sponsored or started my GC/I-140, can i switch to Employer C ,using Employer A's I-140.
    Scenario 3:If I didn't like employer B in future and they have not sponsored or started my GC/I-140, then I switch to Employer A ,using Employer A's I-140 .. now do employer A again has to restart GC/I-140 ?.
    Scenario 4: How much of over lap of dates of employment can happen b/w Employer A and Employer B.

    Answer

    Watch the Video on this FAQ: Changing jobs after I 140 approval, returning to the old job, etc.

    Video Transcript

    If you look at the situation academically this can be a problem and they should start the green card all over again why because the basic jurisprudence or the legal theory of a green card is that there must exist a job that continues to exist without interruption so when you leave the employer A with the intent not to come back or the employer no longer has the intent to hire you back it can be argued that the continuity of the intent of having a job that the employer wants to give you and that you want to accept has been interrupted. So I guess employer A can definitely start from where you left as long as there was an intention to keep the job open and for you to come back which I think is difficult to argue in your case. You should talk to 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.

    Tuesday, December 19, 2017 - 06:55

    H-1B RFE For Specialty Occupation

    Question

    I have received a specialty Occupation RFE. As part of the RFE I am asked to provide:<br>
    1." Industry letter from other similar companies as yours" - Can you please suggest what is expected here, is a letter required from my manager or a client or some other company.<br>
    2. Percentage of time spent on each duty" - I work on multiple projects and also on some internal projects. I work as a full-time employee and work in client locations as required during conducting workshops, training etc. I do not work out of client locations.How do I split the tasks?<br>
    3. "level of responsibility" - what is expected here

    Answer

    Watch the Video on this FAQ: H-1B RFE for specialty occupation

    Video Transcript

    Please get yourself a lawyer. Don't do it yourself. These are relatively complicated issues. 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.

    Tuesday, December 19, 2017 - 06:45

    Revocation Of H-4 EAD Rules

    Question

    I have recently heard lot of news about the H4 EAD will be removed and DHS are planning to decide on it after Dec 31st 2017. How much of this is true?

    Answer

    Watch the Video on this FAQ: Revocation of H-4 EAD rules

    Video Transcript

    This whole thing is very uncertain I wish I could give you a better answer, but plan for contingencies, plan for what am I going to do if my H-4 EAD regulations go away. So, I think it is a little premature for me to give you a definitive answer. More ...

     

    Also, visit this link on H-4 EAD and Other Immigration Regulations 

     

    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.

    Tuesday, December 19, 2017 - 06:20

    Porting Green Card To A Self-Owned Company Under AC21 Portability

    Question

    I am considering working contract jobs while employed by a self-owned company. I am on GC-Ead (pending AOS). Considering the mandatory filing of supplement J forms in case of job change. Is there potential for rejection? Considering that it will be a brand new company and no turnover at the time of filing supplement J.

    Answer

    Watch the Video on this FAQ: Porting green card to a self owned company under AC21 portability

    Video Transcript

    Yes. There are two hidden problems here that you need to be aware of and be careful. One it must be an employer, employee relationship. Second, your job should be same or similar. Talk to a lawyer. Make sure you have covered these two grounds very carefully. 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.

    Tuesday, December 19, 2017 - 06:13

    Erroneously Given Longer Duration On H-1B Than Eligible

    Question

    I'm completing 6 years on H1B on 14-Jan-2018 and I have a visa stamped with the same date from my previous employer on my passport. When I changed job on 24-Jan-2017 I received an approved I-797 with an expiry date of 14-Mar-2019. I'm not sure if there was an error from the employer or attorney while filing or while approving the application. Now I have an approved I-797 with an additional year which would mean 7 years on H1B at a stretch. I'm planning to visit India with my wife (on H4 visa) next month for a couple of weeks and return back before the visa expires on my passport. Also, I'm thinking of not getting the new visa stamped on my passport and just show the approved I-797 to the officer while entering the US. Do you see any problem or issues if I do this?

    Answer

    Watch the Video on this FAQ: Erroneously given longer duration on H-1B than eligible

    Video Transcript

    You are not allowed to take advantage of USCIS errors. 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.

    Tuesday, December 19, 2017 - 06:13

    TN Applying for Green Card

    Question

    My wife is on TN (expiry date : Oct/2019) and my two kids are on her TN as TD visa holders (expiry date : Oct/2019).
    I am on TN Visa (expiry date : Apr/2019) and my perm just got approved and am in the process of simultaneously activating my earlier inactivated H1B visa and filing the I-140 with the hope after few months down I will be with an approved I-140 and H1B.
    My wife wants to stay on TN (kids on TD) as long as possible because the employer doesn't want to sponsor H1B and moving to H4 EAD doesn't look like a smart option now due to uncertainty surrounding H4-EAD's.

    Answer

    Watch the Video on this FAQ: TN applying for green card

    Video Transcript:

    Typically what happens is TN does not allow you to have the intention to file a green card, so if you are a TN visa holder or a TD visa holder and a green card is applied for you, you can have trouble reentering the USA after the application or applying for extensions of TN within 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.

    Thursday, December 14, 2017 - 02:55

    Filing EB-1C, International Managers or Executives Green Card

    Question

    I entered the US in 2014 on L1A, then changed employer mid-2015 on H1(previously held petition). In 2017 again changed employer in a role equivalent to International Manager. Can my current employer file my Green Card under EB1 category?

    Answer

    Watch the Video on this FAQ: Filing EB-1C, International Managers or Executives green card

    Video Transcript

    No, because EB-1C category depends upon the relationship between the companies the one that you used to work for outside the USA and the one that you are that is applying for you in 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.

    Wednesday, December 13, 2017 - 02:56

    When Does One Become H-1B Cap Exempt?

    Question

    I have read that in some cases of H1B as follows "They had H1 petition and H1B visa was stamped in 2012 but they never traveled to the US on that. And when a new employer applied for a cap-exempt H1B petition in 2017 they got it approved with change of status to H1 in May 2017...Whereas in my case I also didn't use this H1B visa and I even didn't travel to US i.e. My employer filed H1B in 2016 which got approved in Sep 2016 and after my resignation, they revoked H1B in Nov 2016 (which is > OCt, 1 2016), but I got a Denial. When contacted few attorneys they said I may get "Approvals" Or "Deny" in such cases, nowadays its more of details saying I am NOT cap exempt?

    Answer

    Video URL

    Monday, December 11, 2017 - 04:06

    Impact of Taking a Long Break While on H-1B

    Question

    I'm an Indian citizen on an H1B Visa. I'm an engineer. My Green Card is being processed and my I-140 . Being an EB-2 category I"m assuming that it is going to take anywhere between 5-8 years before I get my green card. The Situation: I'm planning on taking a work break for about 6 months to 1 year and do a few things that I've wanted to do but have been pushing indefinitely (like volunteering with a non-profit, spending time with my family, exploring options to start my own startup etc). I'm assuming there are 2 scenarios here - 1. My company gives me a sabbatical leave - I can leave the country for a year and come back and rejoin them. 2. My company refuses a sabbatical and I have to quit - In this scenario, I'm not sure what I should do in order to be able to come back after my break and still be able to work for any company? I would really appreciate your insights on this situation and would be glad to accept any pointers from you to research this further.

    Answer

    Watch the Video on this FAQ: Impact of taking a long break while on H-1B

    Video Transcript

    First of all, a leave that long would not maintain your H-1 status. Maybe a few weeks is ok. You can over the six years file for another H-1 without any quota issue and come right back to the US on that H-1 after getting a visa stamp. So I don't see any problem getting back on to H-1. If you want to remain in the USA you have a problem. But if you want to go outside the USA no issue. Worse case scenario, they can revoke your H-1, you can just reapply. 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.

    Monday, December 4, 2017 - 07:42

    What can be Done if an H-1B is Denied While in the USA?

    Question

    In case of H1 transfer denied what other options one can have ? [provide that has 140 approved since many years]<br>
    1. Can new H1 transfer with new employer can be initiated ? 2. Can one can apply for B1 [Visitor Visa] and remain in USA for valid period ?

    Answer

    Watch the Video on this FAQ: What can be done if an H-1B is denied while in the USA?

    Video Transcript

    You can always file another H-1. You can file for an H-1 renewal, you can file for an H-1 transfer, you can file for an H-1B amendment even if the H-1B is denied. While in the USA depends upon whether or not you have status. If you are maintaining status you can file for an extension and another amendment because one denial does not foreclose another application under the same category. 

    But if you are not in status chances are you will have to go outside the USA for visa stamping before you can start working with a new approval, but a new application can always be filed. 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.

    Monday, December 4, 2017 - 07:23

    Does H-1B Extension Denial Invalidate an Existing H-1B?

    Question

    1. My H1B is valid until 23-Aug'18. I am planning to submit visa extension request on Mar'18. let's assume if USCIS reject my extension request in Apr'18, then, in that case, can I stay till 23-Aug'18 as per initial approval or rejection will supersede and I have to level immediately (within 60 days of time from denial date)<br>
    2. Does H-1B extension denial invalidate an existing H-1B?

    Answer

    Watch the Video on this FAQ: Does H-1B extension denial invalidate an existing H-1B?

    Video Transcript

    1.Yes. The previously approved extension does not go away. The only way that can go away is if the government separately issues a notice of intent to revoke, gives you notice and a chance to respond and then denies.

    2. It does not. 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.

    Thursday, November 9, 2017 - 06:47

    Doing Business on H-4 EAD

    Question

    I am on H-1B and my spouse is on H-4 EAD. She got her EAD last year. She would like to do online business where she will sell items online on eCommerce website like ebay, amazon, etsy. These items will be shipped from India. I would like to know if she can do such online business where the items are going to be shipped from India.

    Answer

     

    Video URL

     

     

    Thursday, November 9, 2017 - 06:36

    Denial of H-1B on Level 1 Wage Issue

    Question

    1. I have joined a company based on H1b transfer receipt and have got RFE of LCA wage level 1. If, by any chance, the petition gets denied then can the same employer file for new h1b transfer with LCA wage level 2, right after the denial? <br>

    2. Is it advisable to find another employer and start a new h1b transfer processing while the current one is still under RFE received/response status?

    Answer

    Watch the Video on this FAQ: Denial of H-1B on Level 1 wage issue

    Video Transcript

    1. Now if somebody's H-1 gets denied for level 1 job the same employer can file for level 2. But there should be a good reason or explanation if the government asks questions like: why are we going to level 2, why did we not go with level 2 the first time around.

    2. Yes, you can, but of course, if you have a quota H-1 then you have a bigger problem, but if it is a quota exempt H-1 or you are not subject to the quota then, of course, you can do a transfer to any employer at the same time if you wish. 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.

    Thursday, November 9, 2017 - 06:19

    Effect of Moving Abroad While Still on H-1B Visa

    Question

    I am staying here in the US from last 4 years 10 months and have I-140 approved (Received approval Jun '17). To fulfill personal commitments, I am going back to India in Dec '17 for some time however my H1B extension is still in progress (Filed in Aug '17). I am not sure whether the result will be out before my travel.
    My question is -<br>
    1. If I change the employer in India, is there any way I can come back? What all options I will have?<br>
    2. Can my new employer eligible to transfer my H1B from India in case current extension gets approved or RFE or Denial?

    Answer

    Watch the Video on this FAQ: Effect of moving abroad while still on H-1B visa

    Video Transcript

    1. Yes, I think you can keep that H-1B alive as long as that job is there.

    2. Yes, as long as you have an H-1B approved in the last six years you can always transfer over to another employer and if your I-140 is approved for 180 days or more which in your case would be from June to December. So next year onwards you are entitled to have H-1 extensions through any employer as long as your I-140 remains unrevoked for 180 days. I don't see a problem you can have a transfer from India itself. 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.

    Tuesday, October 31, 2017 - 04:09

    Changing Status from Tourist or Business Visa (B1 or B2) Within the United States

    Question

    Right now I'm in USA on B1 visa. I came last week 1st Oct 2017. Got the stamp for 6 months (i94 expires on Mar 31, 2018). This is the 3rd time I'm traveling to the US on B1. Below are the previous trip details.<br>
    Aug 02 2014 To Sep 28 2014, May 03 2015 To Jun 15 2015,3) Oct 1 2017 To till date (Nov 11 2017). Now my company wants to file L-1B petition for me. The employer is ready to file an application for L-1B in the USA if it is legitimate.<br>
    1) Now I'm already in the US, so Is there a process to get my L-1B without going back to my country (India)? Is B-1 to L-1B is a complex process? Is there any complication(s) if I put my petition in USA?<br>
    2) What will be the time frame to get L-1B?

    Answer

    Watch the Video for this FAQ: Changing status from tourist or business visa (B1 or B2) within the United States

    Video Transcript

    1. You should go to your home country or a third country. You can go to Canada or Mexico. B-1 and B-2 are not complex if you qualify. L-1B's are very difficult to get. Specialized knowledge employee is very difficult to get but if you qualify not a problem. 

    2. Regarding time frame you can always apply through premium processing and within a few weeks, you should get your adjudication 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.

    Friday, October 27, 2017 - 05:05

    Applying for Green Card while Holding H-4 Status; Applying for Green Card and Permanent Residence for Another Country Simultaneously

    Question

    I was on H-4 visa from Feb 2014 till Dec 2015. I was on H-1 visa from Dec 2015 to April 2017. In April my H-1B transfer got denied. Hence I applied for change of status from here (April 15 2017) and now my H-4 application is under process. In Dec 2016 (while I was on H-1B visa), I had applied for GC in EB2 category with my employer. My employer told me that my labor has been approved.<br>
    1: Is there a website where we can check the status of labor if it has been approved?<br>
    2: When can I file for I-140? Is it true that it has to be filed within 180 days of labor approval?<br>
    3: Can my GC application continue whilst being on H-4 visa? <br>
    4. Does the GC process, at any stage, require the applicant to be on H-1 visa?<br>
    5: I am planning to start Canada PR procedure. Will my GC application interfere with Canada PR at any point?

    Answer

    Watch the Video of this FAQ: Applying for green card while holding H-4 status; applying for green card and permanent

    residence for another country simultaneously

    Video Transcript:

    1. You have to go through your lawyer or your employer. You won't have access to it, but definitely, there is a website.

    2. Within 180 days of the labor approval.

    3. Yes of course. 

    4. It does not. 

    5. I don't see any problem with it, I know that at the border the Customs and Border Protection (CBP) sees that you have got two permanent residence applications going on sometimes they can raise a stink about it but in my opinion that's completely unjustified. 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.

    Wednesday, October 25, 2017 - 03:34

    Pros and Cons of Adjustment of Status and Consular Processing for Green Card

    Question

    My H1B (6 years) was from 10/1/2004 - 9/30/2010 from 5 different companies.
    Company A - PD(EB3) - Jun 19, 2007, I-140 applied on July 9, 2007, I-485 filed July 17, 2007 - got laid off Oct 31, 2008. - I-140 approved on Dec 29, 2008.
    Moved to Canada in July 2012 and became Canadian Citizen in Apr 2017. I have been keeping Advance Parole active by visiting the USA every year.
    Now I want to add my family in Canada(wife(Indian Citizen with USA visitors visa) and kid(Canadian Citizen)). Do you recommend AOS for myself and Consular Processing for my family?

    Answer

    Watch the Video on this FAQ: Pros and cons of adjustment of status and consular processing for green card

    Video Transcript:

    You have got your I-485 filed and that's a good thing and you kept it alive by keeping your advance parole alive, but you need a job offer and you need to file Supplement J. So if you want to take advantage of AC21 you have to move over to a new employer get a new job offer and use Supplement J to indicate to the USCIS that you are going through another employer. You have two choices. You can split the green card. You going through adjustment of status, you enter the USA with your Advance Parole and you file form I-824 for your family to go through green card processing through consular processing in Canada. So you can either bring them all in on an H-1/H-4 type visa or you can do your adjustment of status and let them do their consular processing.You should not convert yourself to consular processing that could probably end in the loss of a green card. You are taking advantage of AC21 which as far as I know is available only in adjustment of status. It is not available in consular processing. Hence adjustment of status for you and consular processing for your family makes sense. 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.

    Monday, October 23, 2017 - 08:44

    Immigration Consequences of a Denial of Entry at the Airport

    Question

    I had been travelling to the US on a tourist visa for all my life, in 2008 I had to travel out of the country and when I returned to the US, in the Minneapolis checkpoint they found a pay stub from my work which I obviously shouldn't have had since I didn't have a work permit, they took away my tourist visa and made me sign what looked like a "voluntary departure" or "refusal of entry" I really can't remember exactly the term that I signed and was returned to MX the next day. <br>

    My questions are:<br>
    1. Is there a website where I can see if I was penalized? <br>
    2. Will I be able to solicit another tourist visa? <br>
    3. If the answer to the above question is yes, given the political climate, do you think it is a good idea to go through the whole process again or would it just be a waste of money?<br>
    4. My father has become a US citizen, I'm unmarried, can he request citizenship for me or residency? approximately how long is the process?

    Answer

    Watch the Video on this FAQ: Immigration consequences of a denial of entry at the airport

    Video Transcript:

    1. You can file a Freedom of Information Act (FOIA) request with Department of Homeland Security (DHS) or U.S. Customs and Border Protection (CBP) and or USCIS and see what information they have on you and within a few months they should be able to give you a copy of your document everything that they have on you and this doesn't cost you anything.

    2. Do remember tourist visa is not a guarantee. The consular officer could refuse you a tourist visa for many reasons, so even if the fact that you worked without authorization on a previous time is long gone the prior bad history could be used to deny you another tourist visa.

    3. As long as you don't lie about anything, by all means, you can try.

    4. You have to go through green card and it takes many, many years. So if you go to the visa bulletin there is a category for unmarried children of US citizens and it takes several years. 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.

    Friday, October 20, 2017 - 03:55

    Status of H-4 EAD Litigation/Suit

    Question

    My question is about the latest news regarding H4-EAD. I understand that DHS has asked for abeyance until 30 Dec, 2017. USCIS and DHS is evaluating the H4- EAD rule in accordance with the Presidential "Buy American, Hire American" policy. DHS will refocus its review of the H4 rule to ensure that it meets the newly announced priorities and to decide whether to undertake a new rule making concerning the H4 rule and comply with the Presidents Order. <br>

    Please find this note requesting you to explain in layman terms what this could mean for the H4-EAD holders.

    Answer

    Watch the Video on this FAQ: Status of H-4 EAD litigation/suit

    Video Transcript:

    Right now, according to the government, this lawsuit pertains to regulations that may not be relevant because the government may decide to overrule these regulations with some new regulations.

    What would the new regulations state we don't know yet as the possibilities are several. The government could end up modifying the rule, narrowing it or could end up totally rescinding that rule and of course if you have to rescind a regulation I don't know of doing it other than going through the rulemaking process again.

    So that would probably take a few months and my guess would be in order to keep the exit from the regulations if there is indeed an exit orderly the government will probably provide some months grace period for closure on the H-4 EAD's. So right now that's what we know. 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.

    Thursday, October 12, 2017 - 08:31

    Current Immigration/Visa Options for Entrepreneurs

    Question

    What are the requirements to get a visa and green card as an international entrepreneur? Is the start-up visa effective?

    Answer

    Watch the Video on this FAQ: Current immigration/visa options for entrepreneurs

    Video Transcript

    A few options for Entrepreneurial Visas:

    You could come in on E visa, H visa, O visa or TN visa and eventually get a green card based upon various other options including EB-1A if you are extraordinary qualified individual or EB-5 if you are making the required amount of investment and creating the jobs necessary under the rule. 

    You can also come in through L-1A if you have a foreign company you have worked outside for that company for at least one year as an executive or managerial employee, you can start a company or buy a company in the United States and transfer yourself or your key managerial employees or employee to the USA. L-1 is the fastest way of getting a green card because L-1 is potentially processed within a few weeks because you can file premium processing and once you are in the USA you can file a EB-1 based green card which will get you seen through the process normally within a year, sometimes as little as three to five months. 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.

    Wednesday, September 27, 2017 - 07:27

    Status and Unlawful Presence Questions in the Form DS-160

    Question

    Having plans to travel to India in last week of Sept 17 and with my visa stamp on passport expiring on 1st Sept 2017, need to go for visa interview & when I am filling my DS-160, came across the question : Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of a U.S. visa? Considering the above situation, could you please help with what to answer Yes/No. If Yes, what comments to be written in the EXPLAIN BOX .

    Answer

     

    Video URL

     

    Tuesday, September 19, 2017 - 01:32

    How Late Can a I-485 be Filed After Priority Dates Become Current

    Question

    Example Scenario: H1-B EB3. Candidate is in US for 10 years and extending his H1-B using approved I-140.<br>
    If a Candidate’s Priority Date is Current can the Candidate file I-485 after 4 years of the Priority Date being Current? Is it allowed without problems?
    Is there any specific limitation on the timing of filing (like I-485 should be filed within a specific time period after the priority date becoming current)

    Answer

    Watch Video on this FAQ: Are there any time limits on how late an I-485 can be filed after the priority dates become current?

    Video Transcript:

    There is no law that requires you to file the I-485 right away, but there could be some issues about H-1 extensions. You will certainly not be able to get three year H-1 visa extensions. Of course, you can work on EAD. 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.

    Wednesday, September 13, 2017 - 08:12

    H-1B Visa Denied and Petition Sent for Revocation

    Question

    I went to the US in May 2014 on H1-B working for Employer A. In Feb 2016, I moved to work for Employer B (small US based company, on other offices) with H1-B transfer receipt.
    The new job was remote work, so I started working from home for Employer B. I received RFE in April 2016 and I went to India the same month. While I was in India, the transfer got approved in June 2016 and I came back to the US with the approval notice as proof. My visa was getting expired in Sep 2016, so extension was filed with Employer B. The extension also got approved after RFE and extended till Sep 2019. <br>
    Current Situation:<br>
    Now, I came to India in Jan 2017 for my marriage. I went for visa stamping in Delhi with my wife (for H4) in Feb 2017. The visa officer asked me about my Role, client, and other common questions which I answered correctly. VO then collected my documents (I-129, client letter etc) and handed me 221(g) letter saying that he needs some time to review the documents. We left the embassy and the wait started.
    In March 2017, I received an email from embassy asking for the latest LCA which I promptly provided.
    After that there was no response for a few months, and I started working from India in US hours. Since my employer is a small company, they did not hire any attorney and did the processing themselves. They also did not seem to put any effort to expedite or help the process.
    In July 2017 (after 5 months), I received a call to collect the passport. On collecting the passport, the stamping was not done and I received a letter stating that my stamping is being refused and visa is sent to consulate for revocation.
    This came as a shock. I notified my employer, they were disappointed and did not know what can be done about this case. When I enquired, they said they don't want to spend more resources on this case and are fine with me continue working from India (reduced salary).
    <br>1. Is it possible to have the case reconsidered and to know the exact reason for refusal? If yes, how would I go about it without the support of my employer?<br>
    2. If this is only for stamping, how long will my extended visa be valid? Can I try the stamping again with this employer or find a new employer from India and use the same visa with them?<br>
    3. What happens to my assets (personal stuff, bank accounts, etc) in US?<br>
    4. If I can legally work for the same employer, how does it affect my taxes? Do I now pay taxes in India and in US both? Since when I can be considered liable to pay tax in India (when I came to India or stamping refusal date etc)?

    Answer

    Watch Video on this  FAQ: What are the options of an H-1B visa denied and a petition sent for revocation?

    Video Transcript

    1. Not until a notice of intent to revoke is sent.

    2. This case is going back to USCIS. 

    3. You can always get the assets back. You can try getting a tourist visa that's one way to do it. Second is to send somebody a power of attorney. You can get together with lawyers of the state where your assets are and get a proper power of attorney made out in the name of a friend. They can take care of it for you.

    4. I guess in India the answer is yes. But you don't have to pay taxes both in India, as usual, there is a relief available for people in your situation, but I am not a tax expert, you need to talk to a Chartered Accountant 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.

    Tuesday, September 5, 2017 - 07:35

    H-1B Visa Stamping in Canada or Mexico; Importance of I-94

    Question

    I am currently working on H1B visa, My current visa stamping is via my previous employer (Employer A) and valid till September 2017 and my I-797 is via my current employer (Employer B) ,its valid till August 2018.
    I have few queries regarding my new H1B visa stamping and I-94. <br>
    1. Can I get my visa stamped in CANADA or any other country nearby to USA without revisiting INDIA.<br>

    2. Am I eligible for drop box option for my new stamping as my current stamping is via my previous employer.
    <br>
    3. I can see also my I-94 expiring is September 2017. Do I need to reach out to USCIS to update it, in order to maintain my status.

    Answer

    Watch the Video on this FAQ: H-1B visa stamping in Canada or Mexico; importance of I-94

    Video Transcript

    1. You can get your visa stamped in any country which is called Third Country National (TCN) processing. It is a good idea to check with them beforehand. Sometimes if they have too much of a workload, especially in Mexico they might temporarily stop taking TCN's. 

    2. I don't know because I don't know the rules for the drop box. If you read the rules and you qualify for them, then the answer is yes.

    3. I-94 is important. Once you are inside the USA your status is governed by the I-94. You could have a visa good till 2020 but if your I-94 is expiring tomorrow then you are going to be out of status day after tomorrow and unlawfully present. If your I-94 is expiring you got to get that extended whether it is through an H-1 extension or if you already have an approval and you can go outside with the visa for a visa stamping. H-1 and L-1 visas require a prior approval from USCIS. H-4 and L-2 visas do not. 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.

    Friday, September 1, 2017 - 01:29

    Is New H-1B Visa Stamping Needed if you Change Employers?

    Question

    I have a question on H1B stamping. I am currently working with employer A. I have visa stamping till Nov 2018 and it shows the name of my previous employer, employer B. I am planning to visit India in the coming month of November 2017. Should I go to visa stamping and get a new visa showing a new employer, employer A? In the past, I have encountered a similar situation and I came back successfully with out getting a new stamp. I am not aware of current immigration law. Have there been any changes in this aspect?

    Answer

    Watch the Video on this FAQ: Is new H-1B visa stamping needed if you change employers?

    Video Transcript

    I don't think you need to. Once again, I caution you that if you ask the consulate they might give you a different answer, but in the Foreign Affairs Manual in their standard operating procedures, I remember seeing there was no such requirement so you could travel on the old visa and the new approval. More...

     

    Thursday, August 31, 2017 - 05:55

    Fastest Method of Getting Spouse of a Green Card into the USA and Reducing Wait

    Question

    I am a US permanent residence (Green card holder) working in the US. I have received my Re-entry permit which will expire in Feb 2019. I have plans to get married to a bride from India and I will be visiting India shortly. I know that to process Family based second category GC (F2A) for my wife in India can take a minimum of 2 years and I will be separated from my wife during this time. Here is my plan to live together (with my wife from Day 1 in the USA) after getting married in India. After my marriage, ask my wife to apply for a tourist visa and I will send the sponsorship letter required by US consulate. Do you see any challenges in my wife's tourist visa application getting approved if my wife states that she is visiting the USA to see her husband if the Visa officer asks any question?

    Answer

    Watch the Video on this FAQ: Fastest method of getting spouse of a green card into the USA and reducing wait

    Video Transcript

    Normally if your husband is living in the United States, the consulate is not very easy going about giving visas because they suspect that once you enter your husband will apply for your green card. Hence getting a tourist visa itself is definitely questionable. Second is when you apply for a tourist visa any representations you make must be absolutely and meticulously truthful. You cannot make things up. Hence tourist visa is by no means guaranteed but certain visas like H-1, L-1, O-1 don't really care whether you have family living in the USA. So if she qualifies you could look at something like that. 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.

    Friday, August 25, 2017 - 04:05

    Transfer from H-1 (with I-140 approved) to H-4 EAD

    Question

    I have approved I-140 with company A and my wife has her I-140 approved or over 2 years. I'm planning to move to H4 EAD. Can I file for H4 and H4 EAD concurrently? What would happen to my earlier I-140 and also to the GC process if I am on H4?

    Answer

    You can most definitely file H-4 and EAD together. Your green card process can continue even though you have changed your status.

    Thursday, August 10, 2017 - 04:43

    Does H-4 Require a Prior USCIS Approval for Visa Stamping?

    Question

    My dependents visa stamp on passport expires on Sept 1st 2017 and have valid I-94 till Sept 1st 2017 and this was with the previous employer A I worked for. I moved to a different employer B a year back and haven't filed H4 for dependents with employer B as it was not necessary. Now if my dependents travel to India prior to Sept 1st 2017, do I still need to file for H4 extension or is it good if they attend the interview at consulate in India and get visa stamped on passport without H4 extension using my approved I-797 (till 2019) with employer B.

    Answer

    Watch Video on this FAQ: Does H-4 require a prior USCIS approval for visa stamping?

    Video Transcription

    You do not need to get an H-4 extension from USCIS when you have certain derivative visas like H-4 or L-2. Those visas are given based upon the approval of the H-1 holder and the L-1 holder. For the dropbox facility, you have to look at the local rules. 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.

    Thursday, July 27, 2017 - 06:36

    I-94 Given for a Shorter Duration at the Airport than the Petition Approval Date

    Question

    I have an approved I-797A with company B valid till 2018 May (attached i94 with same dates). My Visa with Company A valid till 23 Aug 2017 (old passport). I got a new passport in 2015 Dec, which I have applied after moved to company B. I traveled to India in June 2016 and comeback, CBP officer gave me I-94 till 23 Aug 2017 with new passport entry, because of new passport I-94 number changed. My question is I-94 (May 2018) is on my I-797 is still valid or it will valid only till 23 Aug 2017? If valid only till 23 Aug 2017, How to solve this issue with out going out of the country.

    Answer

    Watch Video on this FAQ: I-94 given for a shorter duration at the airport than the petition approval date

    Video Transcript

    No, the government wants you to look at only the most recently issued I-94. If it is a government error, then you can correct it through CBP otherwise apply for an H-1 extension like you normally would through USCIS or go outside the USA and come back using the approval that is good till 2018. They should be able to give you a new I-94. 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.

    Thursday, July 27, 2017 - 05:56

    New Regulations, Effect on Layoff after I-140 Approval

    Question

    1. I have I-140 approved and its more than 6 months over. My priority date is March 2011 under EB2. At this situation, if my current employer lay me off from work, what immediate step I need to do, in order to legally stay in the USA. ( Do I need to contact my lawyer to change my H1B visa status and my family status to Tourist visa or Can I change my status online or what is the option?). <br>
    2) With the new I-140 EAD regulations effective Jan 17th 2017 in place, am I eligible to apply for EAD using "Compelling circumstances EAD", if my company laid me off? As of July dates for filing for EB2 visa application is 01FEB09 , which is more than 2 years wait time for my dates to be current.

    Answer

    Watch Video on this FAQ: New regulations, effect on layoff after I-140 approval

    Video Transcript

    1. Having an I-140 approval that stayed in existence for 180 days does not protect your current status by itself so with the new rule you've got that 60 day grace period to file for an H-1 or any other kind of change of status after the layoff so you have got that 60 day grace period you could try applying for a tourist visa if nothing else works out.

    2. Yes. You can use Compelling Circumstances EAD. See my blog for more details.

    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.

    Thursday, July 27, 2017 - 05:27

    Can a Green Card be Started on F-1 Status?

    Question

    I am currently on F1 in OPT status and working for Employer A, my Employer A filed for H1b this year. and I am currently waiting for my H1b approval Approval. Can my Employer start my green card process when I am in F1 status?

    Answer

    Watch Video on this FAQ: Can a green card be started on F-1 status?

    Video Transcript

    For people who are born in backed up countries where the priority dates are extremely backed up like India, China, Philippines, Mexico its dangerous to start a green card because F-1 status does not allow you to have immigrant intent whereas statuses like H-1, H-4, L-1, L-2, O-1 etc... allow you to have a dual intent. TN doesn't allow one to have a dual intent, so when you are in these kind of statuses where the dual intent is not permitted and you file a green card you run the risk of having trouble in getting any kinds of extensions, visa stamping or reentry into the U.S. But if you are born in a country like Saudi Arabia, Pakistan or Nepal or anywhere in Europe where these dates are not backed up then sometimes it is possible to get the whole green card wrapped in EB-1, EB-2 or EB-3 category within a year. 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.

    Thursday, July 27, 2017 - 03:21

    Evidence or Documents Created After the Filing of a Petition

    Question

    1. I had my H-1B approved in Feb 2017. I moved to the US after H-1B petition is submitted. My employer filed for COS from H4 to H1 through premium processing in March 2017. Got RFE on COS petition for proffered position and employee and employer relationship. which they have replied to .. And now got a second RFE asking for a combination of following or similar types of evidence: Letter explaining how the Level 1 wage designation LCA that you have provided corresponds to the proffered position. Document to support that the level 1 wage designation on the LCA supports the proffered position.
    <br>
    2. What are the other options if my COS petition is is denied?
    <br>
    3. Am I eligible for transfer if I get an offer from the new company?
    <br>
    4.Is my approved H-1B still valid and cap exempt, whatever is the outcome of COS petition decision?

    Answer

    Watch Video on this FAQ: Evidence or documents created after the filing of a petition

    Video Transcript

    1. As a general rule, USCIS takes the position that any documents or events that occur after you have filed a case are normally not going to be accepted as part of the case. Level 1 jobs are entry level jobs that are still being developed. If you submit a new LCA and say this is a level 2 position and the LCA is dated after the filing of this case that would be thrown out. You will have to refile the case. 

    2. Well if you are not subject to the quota you can always refile the case. 

    3. Yes, if you have earlier received a change of status or an H-1 visa. USCIS has been inconsistently telling us that they want us either to get a change of status or an H-1B visa stamping. Near approval is not enough. 

    4. Yes, if you have earlier received a change of status or an H-1B visa stamping. 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.

    Wednesday, July 26, 2017 - 04:24

    Protection of Section 245(k) for Employment-Based I-485

    Question

    Will there be any issue with my I-485 approval? If it gets denied, will my unlawful presence/out of status be counted from the time my I-94 expired? What should be my next steps?

    Answer

    Audio FAQ: Protection of section 245 (K) for employment-based I-485

    Audio Transcript

    1. 245(k) says if you are an employment based applicant or spouse or child of an employment based applicant we will forgive you up to 180 days of being out of status or on authorized employment since the date of your last entry. Any period accumulated before last entry we can disregard. We only count from the date of the last entry. Hence it is a very strong permission to help you file I-485.

    2. 245(k) is automatically given. The government actually applies for it themselves. You don't have to do anything special for it.

    3. When you are in between statuses: H-1B extension pending or old I-94 expired you are not in status enough to apply for this kind of status. But if your status expired less than 180 days ago because of section 245(k) you can file Adjustment of Status. 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.

    Tuesday, July 25, 2017 - 01:30

    Is a Copy of I-140 Approval Required to Extend H-1 B?

    Question

    If I change my employer, given the recent changes to I-140 rules for revocation/withdrawal, can my H1-B be extended again for 3 years, with me providing only the LIN number (which can be verified for an approved I-140 on the USCIS website) towards H1-B transfer to my new employer? Do I strictly need to provide the I-140 approval notice to extend/transfer my H1-B to a new employer?

    Answer

    Audio FAQ On: Is a copy of I-140 approval required to extend H-1 B?

    Audio Transcript

    As long as the I-140 was not revoked before 180 days were over and it was good until January 17 you are fine. There is no need to provide the I-140 approval notice. 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.

     

    Monday, July 24, 2017 - 04:09

    60 Days Grace Period for H-1B

    Question

    My Project with My Client will end soon and my employer doesn't have any further projects and asking me to go back to my home country (India) by end of this month. My Visa is valid till Aug 2017 with extension filed. So I am considering to resign on last day of the assignment. ( no new employer found yet).<br>
    1) as per new Rule would I be getting the grace period till my I 94 expires i.e till Aug 2017? Is this correct? ( 60 days grace period rule) Also during this Grace period Can I apply for a Change of Status to another non immigrant Visa - F1? (change to a different nonimmigrant classification.) if yes and F1 filed after termination of employment, will this not be considered as timely filed which can result in problems in the future?<br>
    2) if F1 is filed Should I start my classes before I94 expiry date or can I Start in September or should I wait till F1 is approved ( after 90 days from date of filing F1)?

    Answer

    Audio FAQ: 60 days grace period for H-1B

    Audio Transcript

    1. Let's say your I-94 was not expiring for five or six months no doubt you could lay claim on the 60 day grace period and get another extension or change of status filed during that time. If you do anything during that 60 day period unless the grace period is denied for any other violation of status you are considered to be applying within the status.

    2. As long as the difference between the last day of the 60 days and the period your F-1 begins is not more than 30 days you should be ok. 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.

    Wednesday, July 19, 2017 - 07:16

    Applying For H-1B Visa When There Was A Status Violation

    Question

    Recently I got Consular visa, that my I-797 was approved without I-94 so I need to step out of the country to get H-1B visa stamped.
    Got laid off from EMP A and took around 55 days for EMP B to file h-1 and now I’m with EMP C. Both I-797's from EMP B and EMP C, I got consular visa to step out for visa stamping.<br>
    1. Usually, how much time I have to step out of US for stamping, if I go little after 3-4 weeks what’s the valid reason that I can give to Visa officer at interview time.<br>

    2. How can I justify myself about the 55days of gap I have from EMP A to EMP B ( during the time I do not have H-1B status), my attorney suggested that I need to tell VO that “I was looking for a Job and my employer took time to file for H-1B “. I’m not sure whether I can say this. Can you suggest a valid reason to give VO.<br>

    3. MY GC Perm Labor has approved and EMP C has applied for I-140 recently and it's still in processing status, during this situation If I get a full-time opportunity can I move with a new employer? OR I have to stay with current one until I get I-140 approved and then transfer with a new employer.

    Answer

    Watch Video on this FAQ: Applying for H-1B visa when there was a status violation


    Video Transcript

    1. Go as quickly as you can. It isn't an emergency, but it is something you should not take lightly.

    2. It is not an issue. Even if you had a 179-day gap it is not at a ground of denial for a visa. Just make sure you reveal it. If they ask you if you were out of status which is a part of the form you will say yes. Be truthful.

    3. When you want to move and a case is pending unless the pending case is decided you have to go outside for visa stamping. 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.

    Friday, July 14, 2017 - 11:45

    How to Reset H-1 Six Years

    Question

    I have a question regarding the 6-year stay on H1B if someone was in the US on L1B & later H1B. When does the clock gets reset, does it has to be 1-year stay out of USA at the time of H1B application filing OR 1 year stay out of USA between exit & re-entry in the USA?

    Answer

    Watch Video on this FAQ: How to Reset H-1 Six Years

    Video Transcript

    You have to be physically outside the USA for at least one full year. If you visit the USA during that time that is if you are here for ten days you've got to stay outside for ten extra days. If you are here too long, for eg: if in that one year you are here for seven months you might have to start the one year all over again.  

    Therefore:

    1. you have to be physically outside the USA.

    2. if you visit you must keep your visit short but then add in that time to the back end of your H-1 stay outside the USA.

    3. don't be here too long. 

    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.

    Friday, July 14, 2017 - 10:43

    Applying for H-4 Status while H-1 is Pending

    Question

    I got H1B approval from company 'A' till Oct 2015, filed H1B extension in May 2015. As there were no updates, changed extension regular case to premium and got RFE in 2016.Before responding to RFE got to know that company 'A' has some issues and no one was responding from company 'A'. So before 240 days completion of I-94 got visa transfer with company 'B' in a premium process. Now my H1b is in security check with company B. My Both H1b cases/receipts are still in pending status. I applied for H4 visa now within the USA and if any of my H1B cases get declined. Can I stay on my H4 visa receipt?

    Answer

    Watch Video on this FAQ: Applying for H-4 status while H-1 is pending

    Video Transcript

    Looks like you are basically in an authorized period of stay because your approval was only good till October 2015. They will not give it to you. You are better off going outside the USA for visa stamping. You should have your H-1 lawyers call the U.S. attorney's office and see if they can talk with the prosecuting attorney and get some kind of a letter or an email from them that that would make your approval possible because you have not committed anything wrong. You just happen to be caught in a case which is either being investigated or prosecuted. If it is being investigated there isn't much you can do, but if it is already being prosecuted and it's already in court you might be able to get around this problem because even if you go for H-4 visa stamping if there is a red flag on you, you might have trouble getting H-4 visa stamping. 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.

    Tuesday, July 11, 2017 - 08:13

    Exemption from H-1 Quota and Visa Stamping

    Question

    In 2014, My wife was working with employer "A" on L2 EAD and the employer "A" filed H1B petition in April-2014. She got approval notice in May-2014 but due to some family reasons we have to go back to India and she continues working for the same employer from India since then. Her approved H1B petition with the same employer "A" is valid till Aug-2017 and H1B visa is stamped in Dec-2016 for the same employer "A". She never traveled to the USA on that H1B visa as her employer does not have any opportunity there. Since she never traveled to the USA on her H1B visa ever, does that mean she has never granted status as an H1B Non-immigrant?

    Answer

    Watch the Video on this FAQ: Exemption from H-1 quota, Visa stamped, did not join employer

    Video Transcript

    I personally feel once your case is approved on October 1st, you should be exempt from the quota. If you are outside the USA and you do not get a visa stamp, the government takes the position that you are not yet exempted from the H-1 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.

    Friday, July 7, 2017 - 05:11

    Query Regarding Impact on H-4 EAD During Job Change

    Question

    1. If I have my I-140 Approved and its been more than 180 Days after approval then I believe that even if I change the employer the I-140 does not gets revoked and it still stays valid. I can continue to extend my H1B with my old I-140. Is my understanding correct? <br>

    2. If suppose I have applied for my H4 dependents EAD while I am in my first company and both of us are working. Now it's been 180 days after my I-140 got approved and I switch my employer. In this case does my dependents EAD get's affected in any way?
    <br>
    3. Now assuming that answer to first question is Yes, but I believe that in-order to apply for GC my new employer has to file my PERM and I-140 again. If that happens will my dependents EAD gets affected in any way until the new I-140 gets approved?

    Answer

    1. The essence of your understanding is correct. You are safe against revocation.
    2. No effect on H-4 EAD of H-1 change of jobs, as long as the H-1 holder maintains status.
    3. Again, no effect on H-4 EAD if your new green card is filed.1. The essence of your understanding is correct. You are safe against revocation. 2. No effect on H-4 EAD of H-1 change of jobs, as long as the H-1 holder maintains status. 3. Again, no effect on H-4 EAD if your new green card is filed.

    Friday, July 7, 2017 - 05:05

    214(b) Expiration

    Question

    I want to take my fiancé on a vacation to Hawaii but she stated she received a 214b due to a failed student visa in Oct 2014; at the same time her ESTA expired. Prior to that she had visited the states and left on time without overstay. My fiancé is Japanese and was in her late 20s when denied without explanation. Is there an expiration on 214b?I want to take my fiancé on a vacation to Hawaii but she stated she received a 214b due to a failed student visa in Oct 2014; at the same time her ESTA expired. Prior to that she had visited the states and left on time without overstay. My fiancé is Japanese and was in her late 20s when denied without explanation. Is there an expiration on 214b?

    Answer

    Getting married to a US citizen and applying for a K visa/green card will remove the 214(b) issue. There is no expiration of this denial.Getting married to a US citizen and applying for a K visa/green card will remove the 214(b) issue. There is no expiration of this denial.

    Friday, July 7, 2017 - 04:53

    Compelling Circumstances EAD

    Question

    I am on a H-1B Visa for past 9 years and have EB3 I-140 (2008 Priority Date) from Company A and EB3 I-140 from Company B (2014 Priority Date). I am now with Company C. I am Heart Patient and was operated for Heart By-Pass Surgery in 2013 and since then taking my regular Medicines (for my entire Life). I feel stressed on continually working for 40 hours a week and feel getting a EAD will be a god's gift and I can use this EAD to work at my convenience.

    Answer

    Watch the Video on this FAQ: Compelling circumstances EAD

    Video Transcript

    I have given a few examples on my blog please look at that.

    Your surgery was a good four years ago I don't know if there is something particularly difficult about your medical situation, but normally people with bypass surgery resume their normal lives. In your case, like I said if there are any particular circumstances, you can certainly apply for compelling circumstances EAD and you can keep getting that renewed. 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.

    Wednesday, July 5, 2017 - 07:12

    Current Trends in H-1B End Client Letters

    Question

    This is my second year on H1B and my H1b visa is valid till Aug 2017 with Valid 194. My Extension was filed on Oct 2016 normal processing and now I got an RFE on 22 May 2017. for the RFE I received last time ( Dec 2016 for amendment), I had submitted all documents like SOW, MSA, Client letter etc. and got an approval. However now due to some organizational changes, my Client is no longer providing us the Client letter. Due to recent changes and scrutinizing of H1b applications these days, is there any risk involved NOT providing the Client letter? are there any changes of getting a decline?

    Answer

    Watch the Video on this FAQ: Current trends in H-1B end client letters

    Video Transcript

    Since 2005 it has become very difficult to get H-1B approvals without clarification from an entrant if you are in a consulting position. Unless the end client can verify what your job is and how much control your employer doing the H-1 has over you, USCIS is not going to give you an H-1B approval. It has become very difficult to get H-1B's without the end client participation and sometimes it can be difficult even with a letter from the end client. It's really very sad that we have to do business in this way that our approvals depend upon the mood and the education level or knowledge level of the USCIS officer whose adjudicating the case. 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.

    Friday, June 30, 2017 - 11:32

    Regarding Impact On H-4 EAD During Job Change

    Question

    1. If I have my I-140 Approved and its been more than 180 Days after approval then I believe that even if I change the employer the I-140 does not gets revoked and it still stays valid. I can continue to extend my H1B with my old I-140. Is my understanding correct?<br>

    2. If suppose I have applied for my H4 dependents EAD while I am in my first company and both of us are working. Now it's been 180 days after my I-140 got approved and I switch my employer. In this case does my dependents EAD get's affected in any way?
    <br>
    3. Now assuming that answer to the first question is Yes, but I believe that in order to apply for GC my new employer has to file my PERM and I-140 again. If that happens will my dependents EAD gets affected in any way until the new I-140 gets approved?

    Answer

    1. The essence of your understanding is correct. You are safe against revocation.
    2. No effect on H-4 EAD of H-1 change of jobs, as long as the H-1 holder maintains status.
    3. Again, no effect on H-4 EAD if your new green card is filed.

    Tuesday, June 27, 2017 - 04:28

    Rules for Counting 6 Years of H-1B

    Question

    I got H-1B approval in August 2013 valid from Oct 2013 to Sept 2016. After this, I traveled to the US in August 2014 on H-1B & I am here till now. My question is, till what time I can stay in the USA. I know for H-1B we get 6 years. But will this count my earlier stay on L-1B? For more than 2 years, I didn't enter to the US.

    Will it be until August 2020 or ( August 2020 minus the L1B stay ) ?

    Answer

    Watch the Video on this FAQ: Rules for counting 6 years of H-1B

    Video Transcript

    Any time that you spend on H-1 and L-1 will be counted together. So if you spend two years on L-1B or L-1A you've got four years left on H-1. The second rule is if you go outside the USA for one year the entire period is reset so you could have six years of H-1 back. If you were here on L-1A for seven years, then you went back to your home country stayed there for one year, did not come to the USA and even if you did come for a brief visit and then you have to be out those extra days you came, for example: if you came for 10 days you have to be out for ten days for the clock to be reset. You got your six years of H-1 reset. One thing L-1 is counted towards your H-1 and second thing, if you are outside for one year the period is reset. The next thing you need to know is every day you are outside the USA on H-1 you can recapture every day that you are outside. If you are outside the USA more than six months you get the entire year back. 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.

    Wednesday, June 14, 2017 - 03:32

    Rights and Obligations after Green Card

    Question

    1. I got my green card after that should I notify any US government agencies and Indian government regarding the change in status and having received my Green Card? <br>
    2. Is there any restriction on my traveling outside the USA when I am on Green Card status?<br>
    3. So what if I want to go to India for two months? <br>
    4. What is N-470?<br>
    5. Does any unemployment in the future affect Green card?

    Answer

    1. There is no such requirement that I am aware of at this point today (June 2017) that you have to notify any US government agency or Indian government just because you received your Green Card. However, what you should do is you should inform your employer that you have got your Green Card so they can update your Form I-9 which is an internal matter within the files of the employer. They don't have to update any government agencies.

     

    2. Now, traveling has certain predicates or certain dependencies that should be calculated and that should be known. First of all, people have this idea that if I leave the USA for less than 6 months I won't lose my Green Card. Well, its little bit more complicated than that. Technically, if you leave the United States after you got the Green Card, you leave the United States with the intention to never come back even if you are gone for one day and the second day you change your mind and come back. If it could be proven that you left with the intention to never come back your Green Card is gone. So, the first thing very important - your intention. If you have to travel outside the USA where your intention is never to come back, your Green Card technically can be lifted.


    3. No problem at all, especially when your home is in the USA, you live here, you work here, your children go to school here taking vacations for a month, two months even three -four months is not the problem. So, some of these factors are important. Sometimes what happens is, let’s say you are in the USA and decide to go to India and take the job over there for two or three months and that goes up to seven or eight months you could be in trouble because the government can say that it looks like you quit your job here. The job is important, where your children are going to school is important, your permanent home is important. These are not issues for most of the people who live in the USA but I am just pointing out these so when a situation arrives I want you to consult a lawyer before you make a plan.

    An Intention is a state of mind, the state of mind cannot be directly looked at it can only be inferred from circumstances. So circumstantial evidence is important to prove your intention. For example, if you leave the USA with a one-way ticket and you don't come back for one year, chances are you lost your Green Card because if you are outside the USA for more than one year you will automatically lose your Green Card.

    There is something called Reentry permit which allows you to go up to two years and the reentry permit is a definitive announcement by the US Green Card holders that I do not intend to give up my Green Card. It is not the full proof for saving your Green Card but it is quite effective, if you need to go away for two years you can file for a reentry permit.  

    For reentry permit, you have to be in the United States to file for it. After you file it within a few weeks you will be scheduled for Biometrics. You have two choices whether you file and leave the USA, you have to be physically present when USCIS receives your application and then you can leave and come back for the Biometrics or you can stay here, do your Biometrics and then you go. The choices for receiving your reentry permit when it is approved are either to your lawyer or to the address in the United States or to the Consulate of your home country. If you go to live in Mumbai, you could pick up your reentry permit in Mumbai Consulate. 

    If you face a very bad emergency when you are in India, you can always apply for reinstatement of Green card which is called Returning Resident Permit or SB-1 Visa, that is done through the US Consulate. You go to the Consulate, explain to them in writing through the form. Everything has a Form, that shows that your stay was unintentional, they can take time and reinstate your Green Card for you. There is another Form you need to fill in, that's called Form N-470. 

     

    4. N-470 is a highly misunderstood Form. N-470 is helpful in naturalization only to the extent that normally, if you are gone for one year you have to start naturalization five years all over again. Normally, you can apply for Naturalization five years after you get your Green Card. If you need to stay away for one year you have to start your five years all over again. By filing N-470 you prevent that re-setting your five-year clock and there are very specific rule that covers N-470 including that there must be one year during which after getting the Green Card you must not have traveled outside the USA even for one day, this is one odd little rule but keep all these things in mind. So, N-470 is usually filed in conjunction with reentry permit application.

     

    5. No, of course not.

    Friday, June 9, 2017 - 02:51

    Changing employers after I-140 approval; impact on H-1, green card, H-4 EAD, etc.

    Question

    Planning to change my employer. Priority Date: Sept 2014 (EB2). H1: on my 5th Year (Filed for an extension it is currently in process). My plan is to change my employer once my extension is approved but I have the following questions. I am 100% sure my employer is going to withdraw my I-140. How is my H1 transfer going to work?

    Answer

     

    Video URL

     

    Saturday, May 20, 2017 - 23:00

    Activities permitted under H-4 EAD

    Question

    1. Can an H-4 EAD person open a small business like ice cream shop as part time?
    <br>
    2. Also can h1b spouse support the maintenance of the business without taking any remuneration. Is it legal and allowed?

    Answer

    Watch the Video for this FAQ: Activities permitted under H-4 EAD

    Video Transcript

    1. With a H-4 EAD, you can do anything you like. You can work, you can choose not work, you can start your own business, you can work three hours a day, you can work ten hours a day, you can work eighteen hours a day. 

    2. I am a little uncomfortable with that. Normally it should not be a problem as a volunteer activity, but there are two problems here.

    a. the ice cream business is a for-profit business under the Fair Labor Standards Act, they cannot take free work.

    b. this might be a violation of your status because it is giving you a benefit directly or indirectly. I think it is a difficult situation. She can do what she wants. You should not work for her. 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.

    Friday, May 19, 2017 - 04:17

    Is it legal to work for a foreign based company in the USA?

    Question

    My wife has received her L-2 visa. She plans to continue with her US branch of her India employer once she lands in the US and gets her EAD. However for the period while she is US waiting for her EAD to come in, can she continue to be employed with her employer in India and keep receiving paychecks in India, while technically not working for any US based employer prior to getting her EAD?

    Answer

    Watch the Video on this FAQ: Is it legal to work for a foreign-based company in the USA?

    Video Transcript:

    In my view, if your wife has come here on L-2 visa and she wants to continue working I would wait till her EAD because I just don't like to have that grey area. I would not want her to continue getting her paychecks. I have had other colleagues of mine say if the business work for which she is working has nothing to do with the USA, they have no clients in the USA, they are receiving no money from the USA, they are not channeling any money through the USA that it is OK to work for this company in the USA while you are getting paid abroad. I have my doubts so my advice will be not to. 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.

    Tuesday, May 9, 2017 - 04:50

    H-1B 60 days grace period explained

    Question

    Lost job recently. Was working on H1B. I am trying to understand how much time I have effectively to find another job and have the H1B filed by next employer. Is it necessary that the H1B “start date” in the I-129 petition be within the 60-day mark ( the grace period) from the last day of job in order for USCIS to grant H1B approval after a layoff?

    Answer

    Watch the Video on this FAQ: H-1B 60 days grace period explained

    Video Transcript

    The 60 day grace period is not a right, it is something you ask the government for. If you got unexpectedly laid off or something of that nature happened beyond your control you can request the government when to file for an H-1 transfer even though you were out of status for 45 to 50 days. You should request the government to give you status without having to leave the USA.  Once you file the application and get a receipt you can start working. AC21 does protect you under this rule. 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.

    Monday, May 8, 2017 - 23:44

    H-4 EAD Status When Moved to Different Employer

    Question

    1. I have approved I-140 with company A and my wife got H-4 EAD. I am planning to move to company B. Can my current employer (Company A) revoke I-140? (I-140 has been approved for more than 6 months). If he can't revoke I-140, can my wife work on the H-4 EAD that she got based on company A's I-140?<br>
    2. If my H-1 and my wife's H-4 transferred to Company B, do I need to apply for new H-4 EAD or can she continue working on H-4 EAD from company A (that H-4 EAD still has validity)?

    Answer

    1. The employer can revoke, but, USCIS says, after 180 days they will not revoke the H-4 EAD.

    2. You will not need to change the H-4 EAD upon moving to any number of companies, as long as you maintain your H-1 status.

    Thursday, May 4, 2017 - 06:10

    Travel while H-4 EAD is pending

    Question

    Can my wife travel to India and then back to the USA for a period of 12 days while her H4 EAD application is pending? Based on current estimates of processing times we do not estimate that her H4 EAD will come before the first week of July. We will be back to the USA in the first week of May.

    Answer

    Watch the Video on this FAQ: Travel while H-4 EAD is pending

    Video Transcript

    If somebody has applied from H-1 to H-4 or F-1 to H-4 and applied for EAD at the same time they should not travel until the F-1 or H-1 to H-4 status is approved because if you do then you have to go apply for a visa come back and then apply for EAD all over again. On the other hand, if your H-1 is approved or you already have it and EAD is pending you are allowed to travel. The government discourages it as it can cause delays in EAD processing but it is not illegal. 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.

    Thursday, May 4, 2017 - 05:48

    Getting unemployment payments on H-1B

    Question

    I lost my job recently. I was working on H1B. I am staying in the US until my grace period ends or until I find a new job. Can I apply for the Unemployment Insurance in my state? I believe that is paid by the employer.

    Answer

    Watch the Video on this FAQ: Getting unemployment payments on H-1B

    Video Transcript

    Getting unemployment payments is not an issue because unemployment is private insurance, not really government funding. The problem is that it does not protect your status so don't think if you are getting unemployment payments you are in status. 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.

    Wednesday, May 3, 2017 - 05:34

    H-1B title "Programmers" and USCIS site visits

    Question

    Brief history - 7th year on H1, 140 approved.<br>

    1. Per recent USCIS memo 'H-1B for Programmers - 2017 Guidance'.... if the designation in my current LCA has 'Programmer' word, should I be changing the designation to a different one when I apply for H1 ?renewal?<br>

    2. Also in the same memo, it said: "USCIS will now target employers petitioning for H-1B workers who work off-site at another company or organization’s location."
    ........what does that mean......between my employer and the end client there is middle vendor...is that in any way related to what's stated above?
    <br>
    3. My most recent H1 is via COS from H4 and is valid until March -18. I will be applying for H1 renewal 6 months before but just in case the renewal doesn't go through, can I apply for a change of status to H4 while I'm here .

    Answer

    Watch the Video on this FAQ: H-1B title "Programmers" and USCIS site visits

    Video Transcript

    1. Sure, if your job is indeed something other than a programmer. The problem is in the IT industry titles are very misleading you could have somebody called a programmer but they are doing software architecture. The job description is the most important thing. Titles matter only as pointers. Titles are not definitive.

    2. Regarding site visits, they are going to target consulting companies and companies who are basically off-sitting their employees for site visits more than they would normally. Make sure you are working where you are supposed to be working, you are doing the job you are supposed to be doing at the level you are supposed to be doing. The job description should be the same as what you are actually doing and it should reflect the level of your seniority.

    3. When you have a case pending it is OK to stay, it is called Authorized Period of Stay, but you don't have full status if your old I-94 is expired. 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.

    Friday, April 21, 2017 - 10:59

    H-1 I-94 given at the airport for a duration shorter than the H-1 approval, how to extend I-94?

    Question

    I have my H-1 extension till 2020. I recently visited India and got visa stamped 2020 as well but while coming back as my passport validity was till Feb 2018 - I got the I94 till Feb 2018. How do I extend my I-94?

    Answer

    Watch the Video on this FAQ: H-1 I-94 given at the airport for a duration shorter than the H-1 approval, how to extend I-94?

    Video Transcript

    Let's say you have an H-1 which was good until August and you came to the airport in January and they gave you a I-94 good only till June because your passport was expiring in June. In that case, you have two options. If your passport is renewed and your visa is still good you can go outside and come back using the approval notice and the visa on your passport. You should be given the entire time remaining given in your petition plus 10 days. 

    The second option is if you still have time on the I-94 that was given to you at the airport you can apply for an extension while you are within 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.

    Friday, April 21, 2017 - 10:36

    Fraud or misrepresentation findings in visa or petition, what should you do?

    Question

    1. I am on H-1B visa valid till sep 2018 , I came to India in November 2016 and applied for stamping of my visa here in New Delhi consulate , they kept my passport and some documents and told me it's in admin processing and will contact the client, as I was not working for that client during that time so they have rejected my visa after 3 months in January 2017 , the section they given for rejection is 212 (a) (6)(c)(i) which prohibits the issuance of visa for for fraud or willfully misinterpretation of fact. I check My USCIS online status of my H-1B says that my visa has been sent to the department of state. Will I be ever able to enter the USA ?
    2.How to remove this Fraud charges on me?
    3. I have a B1-B2 for 10 years in the year 2011, but that passport got lost in the USA, I got new passport from Indian consulate there and then I was traveling in H1-B mostly, So never bothered to inform and re-stamp my b1b2 visa from the consulate in India. How can I get my duplicate B-1/B-2 re-issued

    Answer

    Video URL

     

    Monday, April 17, 2017 - 07:45

    Changing from H-1 to F-1 and back to H-1

    Question

    1. My H-1B is going to end in 2019. Is it legal to change my H-1B to F-1 after that?<br>
    2. In case I get admission to a college, and finish my studies within 12-16 months, can I again start with a new H-1B and how many years will I get on that?

    Answer

    Watch the Video on this FAQ: Changing from H-1 to F-1 and back to H-1

    Video Transcript

    1. Yes.

    2. In order for you to reset the H-1clock converting to F-1 and staying within the United States is not good enough. You have to be physically outside the United States for one year otherwise the clock does not get reset. 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.

    Wednesday, April 5, 2017 - 11:40

    Do jobs have to be same or similar when I port my priority date?

    Question

    1. I'm on H-1 visa and on my 8 th year ...visa is getting extended based on I-140 approved. I'm getting an offer to join different company end client(currently I'm with the consulting company) designation not decided yet. In my current employer, I am manager and wondering if I get a different position in other company like Director or solution architect or Sr Manager...and if I join that company what effect that will make on my current approved I 140 or GC process. Is this safe to jump? I heard job category needs to be same or similar in various forums for PERM but I don't have clarity or understanding what that rule is and....how that thing impact my situation.<br>
    2. I have not filed I-485 yet since my priority date is back in 2013 in EB2. Also, my wife has H-4 EAD does that impact as well?

    Answer

    Watch the Video on this FAQ: Do jobs have to be same or similar when I port my priority date?

    Video Transcript

    1. When you port the whole job; I-485 is pending 180-days, jobs have to be same or similar. When you are just porting the Priority Date in the I-140, jobs can be completely different. You have to start the green card from the PERM process, but when you are just porting the Priority Date there is no problem.

    2. The answer is No. As long as you are maintaining your H-1 status and she is maintaining her H-4 status. 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.

    Wednesday, April 5, 2017 - 00:09

    Doing business in the USA on a B-1/B-2 visa

    Question

    1. Am I allowed to travel to the USA as a B-1 business visitor? How many times in a year and for how long can I stay in the US for my business trip?<br>
    2. What kind of paperwork would I be asked to show at the port of entry?<br>
    3. B-1/B-2 visa stamp is valid until 2026; Do I need to renew it every time before travelling to the US by going to the US consulate or any other office?

    Answer

    Watch the Video on this FAQ: Doing business in the USA on a B-1/B-2 visa


    Video Transcript

    1. B-1/B-2 are mixed used visas. You can do pretty much everything on these visas. <br>

    2. They can ask you why you are in the USA. Remember, just because you have a visa does not mean that your entry into the USA is guaranteed. The government would still want to know why you are in the US.<br>

    3. You do not have to renew your visa. It is good till 2026. 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

    Tuesday, April 4, 2017 - 02:52

    H-4 EAD changing back to H-1

    Question

    1. Had H-1B petition approved in 2015 through consular processing while residing outside the USA? But did not get stamped for H-1 but came to the USA on H4 visa. Currently working as an employee on H-4-EAD. Can I change my status to H-1B from H-4, If Yes - Will it be treated outside H-1B Cap?<br>
    2. Do I have to leave the country and get stamped and re-enter with H-1B status?<br>
    3. Will I get a new I-94 with latest 1 yr or 3 yrs approval? <br>
    4. How many days will the process take to change status?<br>
    5. Can I continue working while the COS is in progress or pending with USICS as I would like to continue working without a break? Also, do I have to go back to the same petitioner who applied for H-1B visa or can I transfer it to a different employer?

    Answer

    Watch the Video on this FAQ: H-4 EAD changing back to H-1

    Video Transcript

    1. That's uncertain. If you are outside the USA and you got your H-1B but you didn't get it stamped, will consider you still subject to the quota. I personally think if they say you can't get an exemption from the quota and you got to get a visa stamping there is really no support in law for that viewpoint. So you can try that's all I can tell you.

    2. You don't have to leave USA to get H-1B status if you are maintaining H-4 status.

    3. If you got three years remaining on your H-1 or more you will get a three-year H-1 and if the project is for 3 years.

    4. Many months.

    5. If your EAD is valid until your H-4 is changed to H-1 you can continue working. Once you are exempt from the quota you don't have to go back to the same employer. 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.

    Tuesday, April 4, 2017 - 02:22

    Changing employers after 6 years of H-1 are over

    Question

    1. With my approved I-140 from Company B can Company C use that to file my extension for 3 years. I have a copy of approved I-140. Is it safe to change companies in the 6th year. <br>
    2. Using the approved I-140, I have filed H4-EAD for my spouse in Feb 2017 and is yet to receive the EAD approval. If I get it will be only valid till Nov 2017 based on current I-797 validity. So, if H1-B is approved for Company C, can I file extension of H4-EAD 120 days before validity based on that approval. If EAD is provided, it is going to expire on Nov 2017 based on the H1-B's current I-797.<br>

    Answer

    Watch the Video on this FAQ: Changing employers after 6 years of H-1 are over

    Video Transcript

    1.Yes you can file for an extension. That's all you need a copy of the approved I-140. It is safe to change companies. The law is once your I-140 is approved and stays approved for 180 days, even if your old employer revokes your I-140 you have the right to keep extending your H-1 through any employer.

    2. I think you can apply 180 days. The new regulations allow you to file for EAD extension 180 days ahead of time. Have it double checked. It is not a guaranteed right but USCIS has said that they will accept that unless they post it differently on their website. So always double check the information. 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.

    Friday, March 31, 2017 - 04:59

    Filing two quota H-1 petitions simultaneously through different companies

    Question

    1. Is there any legal restriction to have two H-1B petitions from totally unrelated employers in the lottery to double my chances of getting H-1B?<br>

    2. I do not intend to inform both the companies. Will they ever know that another company has also filed H1B on my behalf?<br>

    3. What will happen in case both my H-1B petitions are approved (chances are rare). Can I join any company?
    <br>
    4. I also want to ask, is there any possibility USCIS can trigger RFE or NOID in case both H-1B petitions get approved?

    Answer

    Watch the Video on this FAQ: Filing two quota H-1 petitions simultaneously through different companies


    Video Transcript

    1. You can file two H-1B petitions simultaneously. When you are filling a quota H-1 more than one company can file, but the company shouldn't be related to each other. If the company is related you have the risk of being denied both applications. But if they are totally different companies you can have as many as three thousand H-1's filed and nobody cares.

    2. Look at form I-129 and the supplement H. For sure the first company who has filed would not know and I don't think so any of the companies would find out about the other company. It depends entirely on the language of the questions on form I-129 and supplement H. You can double check this. They don't require to disclose pending filings only approved cases.

    3. If both H-1B's are approved, you can join any company. One company's approval does not overrule the others. The only thing I would say is to be careful if you have signed some kind of a reimbursement agreement that you will reimburse them X dollars for liquidated damages if you don't join. You might have a legal issue from the contract side, but from the immigration side, I don't see a problem.

    4. I don't think so unless they want to check if the companies are related that could certainly be a possibility. That's one way they could find out. 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.

    Thursday, March 30, 2017 - 03:34

    Does the H-1 60 days grace period apply when one quits a job?

    Question

    1. Does the new 60 day grace period for H-1Bs apply to one after quitting their job ? Or is it only applied to situations only in the cases where the employer terminates the job?<br>

    2. I am on H-1B and plan to quit my job and move back to India, I would need 3-4 weeks to wrap up things here after quitting the job. I am trying to see if I can use this 60 day grace period.

    Answer

    Watch the Video on this FAQ: Does the H-1 60 days grace period apply when one quits a job?

    Video Transcript

    1. According to the regulations what my best guess is it was reserved for those circumstances where you had no choice but to be out of status, but if you quit voluntarily I don't think you can claim the 60 day grace period.

    2. Apply for a B-1 or B-2 visa, change of status before you quit your current job. It takes them 4-5 months just to decide on that application and as long as that application is pending you are not illegal in the United States as you are in an authorized period of stay. Carry a copy of that application and the receipt always to make sure if ever that question comes up about your stay. 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.

    Monday, March 27, 2017 - 23:21

    Carry Immigration Documents Every Day

    Question

    We are on H (H-1B and H-4). For I-94, Arrival-Departure Record, can a printout from the web sufficient? We have US driver's licence, which we carry all the time. Do we need to carry original I-797A all the time?

    Answer

    You must carry the I-94 printout at all times. A photo ID is also important. The evidence of status COULD be in the forms of copies, I think. It is not required, but I recommend you do carry it.

    For more on this issue watch this video.

     

    Monday, March 20, 2017 - 09:31

    How does H-1 60 day grace period work?

    Question

    I am working on H-1B. The job will end in a few weeks. What are the implications of the "60 day grace period" rule that has been created recently?

    Answer

    Watch the Video on this FAQ: How does H-1 60 day grace period work?

    Video Transcript:

    The 60 day grace period is available to you for each H-1 episode whether it is an extension, amendment or a transfer. When they proposed the regulation, it was supposed to be one time 60 day grace period, but then government relented and made it available for each H-1 incident.

    For some extraordinary reasons like, you got laid off without any notice and you found a job in the next 40-45 days you can apply for a transfer. You cannot start working until you have applied for the transfer, using the AC21 you can start working until the decision is made and if the decision is made and they give you concession then you can get your H-1 within USA.

    Hence the 60 day period is available for each episode of H-1, two it is not automatic, you have to ask for it and three you can start working once you apply for the H-1.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.

    Friday, March 17, 2017 - 03:49

    AC21, changing jobs, when to file Supplement J

    Question

    My EB2 priority date is June 2009. I filed for my I 485 in 2012 and since 2013 I have EAD and have been maintaining H1b status.
    In 2014 I changed my job from the original employer who started my GC process (with whom I have I 140).
    I sent AC21 when in 2016 I got the standard RFE to produce medical records and employment proof (since then the priority date had retrogressed again), and also have H-1B with my new employer. I have not started the new GC file with a new employer.
    Should I file supplement J now, proactively, or should I wait for another RFE from USCIS when my priority date becomes current in the future, to file for supplement J?

    Answer

    Watch the Video on this FAQ: AC21, changing jobs and when to file Supplement J

    Video Transcript:

    There is a graph on this about when you must file Supplement J on our web site and what happens after you file. 

    As for your question, the answer is No. You will have to file Supplement J when the case is still pending, it's optional if you want to file you can but if you change employers next time and if there is an RFE you must file a Supplement J. 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.

    Tuesday, March 14, 2017 - 08:30

    Revoke H-4 EAD Regulation

    Question

    If Trump administration tries to revoke H-4 EAD through rulemaking /congressional Act, is there some way for the H-4 community to fight for it in the court to retain the H-4 EAD? What are the least possible ways to fight for it?

    Answer

    Watch the Video on this FAQ: Revoke H-4 EAD regulation



    Video Transcript:

    The reason H-4 EAD regulations have come under a cloud is because there is a lawsuit pending. This all started about two years ago when an organization called Save Jobs USA sued USCIS for the regulations that created H-4 EAD and the basis was that these regulations were beyond the authority of the USCIS and they were hurting US workers. 

    The major issue right now is, does Save Jobs USA have the right to file this lawsuit. If they win then this case goes back to the District Court. H-4 EAD regulations should not go away very quickly. One of the dangerous thing is that Save Jobs USA as a part of their appeal has asked the court to not only rule that they have standing to sue but also to rule that the Department of Homeland Security does not have the power to issue these regulations. I don't think the court of appeals is going to entertain that.

    Rajiv in this video explains, discusses and answers questions on this issue.


    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.

    Tuesday, March 14, 2017 - 05:21

    F-1 Student Directly Filing for a Green Card

    Question

    I am currently working as a research fellow on F-1 OPT and my employer is considering filing for EB-1. My question is, can the transition be done from F-1 OPT to EB-1 and in case my application does not go through can I come back to renew my F-1 status to continue a Ph.D. in the future?

    Answer

    There is nothing in law that stops an F-1 student from directly filing for a green card. But, exhibiting immigrant intent while on an F-1 visa can raise some issues that should be discussed and planned for with your lawyers.

    Thursday, March 9, 2017 - 05:54

    Legal Rights/Benefits of Green Card Compared to H-1B

    Question

    After getting GC (emp based):<br>
    1. If an employee is working for an end client (employer - vendor - end client): while employed with GC sponsor, can a person be on bench (no pay) for some time? or like H-1B, it's considered as out of status, risk of GC revocation? <br>
    2. Would like to travel to visit family abroad- At of POE, any questions by the officer ? Even though still employed, but not on a project at end client?<br>
    3. While applying for citizenship later, if W2 < LC salary for any given year, negative impact during interview?<br>

    4. Also, as a green card holder, can a person be self-employed(sole owner of LLC - and do 1099 contracting for US clients) ?<br>
    5. In above scenario, is it legal if you(LLC) did not make any revenue in between contracts?<br>
    6. Is it legal for GC holder to be unemployed, or like H-1B, if you are on bench or not getting paid by employer - you are out of status - hence risk of losing GC?<br>

    Answer

    Watch the Video on this FAQ: Legal rights/benefits of Green Card compared to H-1B

    Video Transcript:

    It is easier to define the rights of a GC holder in comparison to the rights of a U.S. citizen. You can pretty much do everything that the US citizen can do.

    1. Of course, a US citizen can be on bench. no risk of green card revocation there.
    2. Technically if you are gone for less than 6 months there shouldn't be too many questions.
    3. Once you get your GC approval whether you get paid ten times more or less is irrelevant. 
    4. You can be self-employed as a GC holder and you can do a 1099.
    5. That's not a problem at all.
    6. Yes, it is legal for a GC holder to be unemployed. 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.

    Tuesday, March 7, 2017 - 05:41

    Entering the USA on B-1/B-2 visa to get married

    Question

    My brother in law has got Green Card on November 2013 from Parents based. He will be getting engaged this year April 2017 in the USA with a girl who is Indian Citizen. She has B1/B2 visitor visa. So I have couple questions. If she comes to the USA and gets married here in the USA and my brother in law will fill petitioned for F2A category (on Green Card based) then will she face any issues in future while coming to the USA on B1/B2 visa?

    Answer

    Watch the Video on this FAQ: Entering the USA on B-1/B-2 visa to get married

    Video Transcript

    It is a bad idea for a bunch of reasons. The better option would be where she can apply for an F-1 visa now, especially if she has been to the USA and gone back before. Her chances of getting an F-1 is good. If they have not been formally engaged then there is a question I think in the DS-160 during the student visa which asks: is your fiance is in the USA and I don't think if you are not engaged you can say yes to that question so I think she will be ok. Her chances of getting a student visa will be good because she has been to the USA before on a tourist visa. She must enter as a bona fide good faith student. She must want to go to school. After a semester or two, if they want to get married, I think that is ok. She can continue as a student while she waits out her GC category. That is the only smart scenario I see. 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.

    Friday, March 3, 2017 - 08:30

    Can pending immigration applications be affected by changes in the law?

    Question

    If new legislation proposed by Cotton and Purdue passes to remove the IR5 category (parents of USC), what happens to change of status (I-130/I-485) petitions in progress?

    Answer

    Watch the video on this FAQ: Can pending immigration applications be affected by changes in the law?

    Video Transcript:

    Pending immigration applications will not be affected by changes in the law. Some of these things cannot be changed by executive order they can only be changed by Congress. The idea is you cannot change the rules of the game for those who are already in the game you can change them for people in the future. That's all the more reason for anybody who has not filed their green card or anybody who is waiting to file any application, including naturalization go ahead and file them all as soon as possible, but don't get worried about pending applications they should go through under the old laws. 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.

    Friday, February 24, 2017 - 06:21

    Should I travel outside the USA/H-1B visa stamping

    Question

    I am on H1-B and my H1-B is validating till 2019 and priority date is 2014 and I recently changed my job. I-94 is expired in 2014. Due to new trump gov. Do you think that it will very risky to go to India and do stamping ? do you find people are facing issues in stamping? What should we do if we go for stamping and face the problem? What precautions should we take? Should we go for stamping or not

    Answer

    Watch the Video on this FAQ: Should I travel outside the USA/H-1B visa stamping

    Video Transcript:

    If you are not on those list of seven countries, people are traveling and coming back. Overall, I think H-1B visa stamping was always complicated, especially when you work at the client's site instead of in-house so that is not becoming any easier. When you reenter the USA, the government does look at your paperwork. If you are approved to work in San Francisco and you are working in Akron, Ohio they are not going to let you enter. That was always the case. That law hasn't changed. Going to India will be risky. As a precautionary measure make sure your paperwork is reviewed by your lawyer. Make sure all the H-1 required conditions are being adequately met and you are not violating any conditions. But if the traveling is merely discretionary or optional then don't travel. Getting H-1 visa stamps was always a hassle and it certainly hasn't got any easier. More...

    Wednesday, October 12, 2016 - 06:09

    Issues regarding changing jobs while on H-1:-- Is there a minimum time gap necessary to transfer H-1 from one job to another, change jobs, timing of resigning and joining

    Question

    I recently moved from Company A to B on July-2016 as a contractor while on i was on my 6th year H-1B visa. Company B did my H-1B transfer and I-140 got approved through them as well. Now working at End client location placed through Company B. Now End client wants to hire me as Full Time employee.<br>
    1. Given I recently joined Company B will my jumping to Company C cause any issue to my H-1B visa? <br>
    2. Can company B cancel my H1B petition?If Yes, Do i have to have a approved H-1B petition from Company C before informing Company B about the offer?<br>
    3. Will my I 140 which got approved thru company B still be valid? Can i use it for future extensions of H-1B?<br>
    4. Company B did not provide I-140 copy, how to obtain the same from USCIS?<br>
    5. Is there any mandatory period to serve in one company who has sponsored my GC as I recently got my I-140 approved in August-2016?

    Answer

    FAQ: Issues regarding changing jobs while on H-1:-- Is there a minimum time gap necessary to transfer H-1 from one job to another, change jobs, timing of resigning and joining


    Video Transcript:

    1. The answer is of course not. There is no requirement that there must be a certain gap between when you went from one H-1 to another. So if you move from A to B and 10 days later decide to move from B to C that is not illegal. The law permits you to do it. 

    2. If they don't cancel your H-1B they are considered to be still the employer and they can be required to pay your salary. As for the second part of the question, no, but you have to have a filed petition. This is important. You have to have your second case filed before the first case if revoked.

    3. Yes, your I-140 which got approved through company B will still be valid and yes you can use it for future extensions of H-1B. If company B wants to keep your I-140 they can. You will have to start your green card all over again but you should be able to use your priority date with the old I-140 approval.

    4. One of the ways you can get a copy of I-140 is through FOIA request which is I think the form G-639. When you file a 639 it is a free form without fees. Government then gives you a copy of your immigration paperwork.

    5. There is no mandatory period that you have to work with a company after getting your I-140 approved. 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.

    Tuesday, May 31, 2016 - 09:00

    STEM OPT Extension for Consulting or Staffing companies

    Question

    Can I apply for STEM OPT, if I work for a E-Verified staffing agency (similar to Aerotek, Kelly services) on contract basis that is related to my STEM field of education at a client location ?. (I along with staffing agency will fill out I983 form) <br>

    I read online that USCIS has regulated "Certain Types of Employment" for STEM OPT in this new rule. So am worried that working for a staffing company at a client company location is therefore invalid :/ ((If so, I think then all the staffing companies would suffer as well))<br>

    I have attached hereby the snippet from Federal Register:<br>

    """"""There are several aspects of the STEM OPT extension that do not make it apt for certain types of arrangements, including multiple employer arrangements, sole proprietorships, employment through “temp” agencies, employment through consulting firm arrangements that provide labor for hire, and other relationships that do not constitute a bona fide employer-employee relationship. One concern arises from the difficulty individuals employed through such arrangements would face in complying with, among other things, the training plan requirements of this rule. Another concern is the potential for visa fraud arising from such arrangements. Furthermore, evaluating the merits of such arrangements would be difficult and create additional burdens for DSOs. Accordingly, DHS clarifies that students cannot qualify for STEM OPT extensions unless they will be bona fide employees of the employer signing the Training Plan, and the employer that signs the Training Plan must be the same entity that employs the student and provides the practical training experience. DHS recognizes that this outcome is a departure from SEVP's April 23, 2010 Policy Guidance (1004-03)."""""
    <br>
    It would be really helpful if you could explain what the above paragraph means.

    Answer

    Watch Video: STEM OPT extension for consulting or staffing companies

    Video Transcript: Basically what the government is saying is that if you have staffing arrangement or a consulting arrangement and you are not directly supervising the employee who is on OPT STEM extension on the site where they are working then you should not be filing for their STEM OPT extension. So far this is what we know of the USCIS comments. I have not heard anything different from USCIS so far. 

    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.

    Monday, May 30, 2016 - 08:39

    Changing Jobs After I-140 Approval

    Question

    I have PERM approved and I-140 filed in regular processing by my current employer "A". I have got an opportunity from employer "B" and then told they will process my GC as fresh application. I have 17 months left on my H-1B visa.
    1. In pending approval of I-140. will I get the extension of 3 years from USCIS when employer "B" initiate the transfer ? OR Will I get the H-1B transfer extension till max out ?
    2. Is it recommendable to switch now in between of pending approval process of I-140?
    3. Will leaving in between of pending process impact me in future when employer "B" files my GC once again ?

    Answer

    Video URL

     

     

    Friday, May 27, 2016 - 05:27

    I-94 Given for Duration Shorter than Entitled

    Question

    On December 18th 2015 I came back to USA on H-4, at that time my old passport was expiring on September 19th 2015 so the Immigration Officer approved my I-94 until September 19. Later I applied for H-1 and it got approved on Feb 2nd 2016 and my H-1 is valid until Ending Validity Date: 12/19/18 with I-94 number in it. I renewed my passport now and I have validity until 2026.
    Question: Do I have to go for stamping again to extend my I-94 validity? Or since I got new I-94 with my H-1B is that good enough.

    Answer

    Watch Video: I-94 given for duration shorter than entitled

    Video Transcript: In this case there is one piece of information missing as in I do not know how long your I-94 was expired, how much is the difference between expiration of the old or the H-4/I-94 that was given to you during your last entry and the H-1 approval date beginning. So if that gap is more than 180 days you should consult with your lawyers or have a consultation with us if you like. But that needs to be evaluated very carefully because that has many ramifications. Remember errors made by CBP (Customs and Border Protection) can be corrected by just going back to the port or one of the many CBP offices all over the country. 

     

    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.

    Friday, May 27, 2016 - 04:24

    Changing Back to F-1 Student Status After Filing for Green Card

    Question

    I was a student on F-1 (MS), and I got my H-1B two years ago. My company has started GC process and already got my I-140 approved. But I want to go back to school this fall (law school), which means I'll have to change my status back to F-1 again.

    Answer

    Watch Video: Changing back to F-1 student status after filing for green card


    Video Transcript:
    If you have exhibited immigrant intent, getting F-1 status should be very difficult. So it is correct that when you have exhibited an immigrant intent the government or the counsellor officers can take the position that you have basically taken yourself out of consideration for a non immigrant visa like a student visa. 

    Theoretically at least your chances are made worse because of the green card. I don't think withdrawal of the I-140 necessary helps.

    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. 

     

    Tuesday, April 19, 2016 - 04:48

    Name variation in diploma or degree, name change for immigration

    Question

    I have BSc., [Maths] – 3 yrs degree + MSc., [Computer Science] – 2 yrs degree in India Grade A Universities and 11 years exp in IT industry applied I-140 under EB2 category. Last week I got the RFE like below. I can provide my legal name change evidence. Please see the RFE description and labor certification details below. <br>
    "Is USCIS not certain that I have met the educational requirements of the labor certification position"? I can see only one statement that "USCIS is unable to determine if the beneficiary has met the educational requirements "Once I have documentation that NEW NAME and OLD NAME are the same person, will USCIS accept my educational documents?

    Answer

    Watch Video: Name variation in diploma or degree, name change for immigration


    Video TranscriptOne of the easiest way to remedy is to actually get a decree from the local court. You can just contact the local court system and tell them you want to do a change of name. They will typically give you some paper work to fill out and then you advertise in the newspaper and then you can show it to USCIS but of course then you have to take care of your passport, social security number. It is a little bit of a hassle but needs to be done. 


    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.

    Wednesday, April 6, 2016 - 02:04

    Does H-4 EAD have to be applied again if H-1 changes jobs?

    Question

    I am currently on H-1B(Valid till Sep 2018) with approved I-140 for Company A and spouse has H-4 EAD (valid till Sep 2018). My question is, if I switch my job to a company B. Can my spouse continue working with the current H-4 EAD (which is valid till sep 2018)?Will it cause any issue during next H-4/EAD extension?

    Answer

    Watch Video: Does H-4 EAD have to be applied again if H-1 changes jobs?

    Video Transcript: The answer is of course not. The only time you have to worry is if you fall out of status. As long as you are maintaining status every time you change jobs her H-4 and H-4 EAD is good until her H-4 and H-4 EAD is about to expire there is nothing else you got to do. She can continue working and she need not change H-4 every time you change H-1.

     

    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.

    Tuesday, April 5, 2016 - 02:37

    Travel while H-1 COS is pending

    Question

    My Spouse is on H-4 and has a Valid H-4 stamped till Jan 16 2017. I am planning to apply H-1 for my Spouse through an Employer this year. Is it advisable to travel to India while her H-1B is in Process? What will be the implications if she travels to India?

    Answer

    Watch Video: Travel while H-1 COS is pending

    Video Transcipt: Whenever you are on one status and you apply for another status, like from F-1 to H-1, from H-1 to H-4 or from tourist visa to student visa, anytime you have a situation where you are going from one status to another your application with the government has two requests implicitly contained in your application. One request is find me eligible for the status I am asking for. When I go from H-4 to H-1 I tell the government (USCIS) can you please hold me to be eligible to receive H-1 and if they say yes then you go on to the next step.

    Next step is actual change of status. So not only do I want to be held eligible for H-1, I want you to then change my status to H-1. So there are two applications within that one application when you file for going from one status to another. One is the determination and the other one is the change. When you travel outside USA generically speaking there can be exceptions. Generically and generally speaking your application for determination is not invalid but your change of status is invalid. So what does that do. Let's say I am on H-4 like the questionnaires wife is and they file for my H-1 change of status, I travel to India or Switzerland where ever I want to go and I come back. Government will give me my H-1 if it is approved, but they won't give me status change from H-4 to H-1. I am still on H-4, my H-1 is approved but only the determination has been issued that I am entitled to an H-1. Now I have two choices either I cannot apply for change of status from H-4 to H-1, because by traveling out I abandoned that part. I didn't abandon my determination request but I abandoned my change of status. The second option is to go to a consulate and get a visa stamping and come. So if she travels she has to do one of these two things when she comes back. She won't have to wait outside the USA if she doesn't want to. She can come back on H-4. 

    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.

    Tuesday, April 5, 2016 - 00:40

    H-1 entering USA when visa is about to expire

    Question

    My amendment has been filed by my company in Aug15 but not approved yet. Now I want to travel to India in month of April & get back in same month . after coming back H1B extension will be filed by company.
    My question is can they create any problem on my return since my visa is about to expire in June 2016 & amendment is not approved yet.

    Answer

    Watch Video: H-1 entering USA when visa is about to expire

    Video Transcript: You can enter the United States even if you have one day left on your visa. There could be questions as to how long you are going to stay, how are you going to stay, if the employer has already filed an extension and what is the process of filing the extension., and if these questions are answered brilliantly and completely you will not have a problem. Nevertheless you are allowed to enter the United States under the law even if you have one day remaining in the visa stamping.

    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.

    Monday, January 11, 2016 - 07:23

    The Proposed I-140 EAD Rule - FAQ's

    Question

    Answer

    Question 1: Redo the PERM or just the I-140. If redoing the PERM again then what's new in this regulation? 

    Answer: After 180 days, you can extend H-1 even if 140 is withdrawn.

    Question 2: It seems that there is no easy provision for EAD/AP for approved 140 applicants. So is there any point in waiting for this rule or Should I consider Visa stamping is only option for traveling outside US? Please suggest as I waited for a year or long thought they are going to give AP.

    Answer: Your observation about EAD/AP is correct- no easier. I will be surprised if USCIS changes these proposed rules in any significant manner when they finalize.

    Question 3: If I have consumed my 6 years of H-1B and I have approved I-140. If I go to India and of some reason I got stuck in India. After a while I want some other employer to file my H-1B petition other then with approved I-140 employer. Do the new employer can apply for my new H1b cap exempt petition based on approved i-140 from my old employer. OR New H-1B petition from the new employer comes under H-1 cap count?

    Answer: You have raised two separate issues. One, the I-140 can be used to extend your H-1 through ANY employer, if it is not withdrawn within 180 days of approval. Two, you are exempt from H-1 cap if your H-1 was approved any time within the last 6 years.

    Question 4: Is there any provision for promotions internally within a company that filed the petition and the I-140 is approved more than 180 days previously?

    Answer: These regs will only clarify (I am not sure they really do that) what "same or similar" jobs are. That concept is crucial when your I-140 has been approved and I-485 has been pending 180 days. At that time, you can accept a same or similar job anywhere, including within the same company, and NOT have to start your green card all over again. That comes under the topic of AC21 portability.

    Question 5: Is direct portability of I-140 across multiple employers, ever possible. because I-140 is a property of the Employer and not the Employee (unlike 1-485) ?.Can we suggest any other creative options, of working around this legal hurdle. a. Can PERM be made portable across multiple employers. So employees donot have to go through the hassle of the PERM filing, repeatedly. This will save, almost 4 months of pre PERM filing effort and another 8-10 months of PERM processing window.

    b. Or, can the I 140 be made an Employee’s property after 180 days it is approved. If that can be done then portability of the same may be legally possible across different Employers

    Answer: The Priority date IS the "property" of the employee, NOT of the employer. So, an employee can port it to any job, anywhere, any number of times. But, I do not think they are excusing us from having to refile the PERM.

    Question 6: Does the 60 day grace period is accepted in this case; H-1 Ext filed before expiry of I-94, then Current H-1 and I-94 expired, then H-1 Ext denied. Can we use 60 day grace period for filing new H-1 with new employer? In what cases does this 10 day validity before and after petition dates is used. The 60-day grace period appears to apply only in those cases where an approved H-1 employment abruptly comes to an end. The proposed regs say, upto 60 days may be given: "on the basis of the cessation of the employment on which the alien’s classification was based".

    Answer: The 10 days allow you enter (but, not work) upto 10 days before the date your "validity period" (approval of petition) begins, and another 10 days to leave the USA (but, not work), after that period ends.

    Question 7: Emp A - I-140 Approved and Moved to Emp B. Got i-140 with Emp B and priority date retained. submitted Emp A Experience letter while fling PERM. Now I want to move to Emp C. Do I still need to get experience letter from Emp B? If I am not able to get experience letter from Emp B, Can Emp C file PERM. if so and filed new PERM and I-140 with Emp C, Can I still retain priority date even though if its not same or similar job?

    Answer: There are two fundamental principles that you need to apply to your case:

    1. Priority date transfer does NOT require that your jobs must be same or similar.

    2. Experience letters are NOT required for priority date transfer or retention. 

    Question 8: Now that it is clear that there is almost nothing much in the so called reform, how can the immigrant community represent themselves forcefully, while the public comment period is in place? I understand that each one of us can go and put our comments, but is your firm, or someone else, planning to represent us? For lack of proper words, these so called reforms are a piece of trash, and only done to pretend as if reforms are taking place. It could not be worse actually. 

    Answer: There is a limit on what USCIS can do without action from the Congress. You can certainly write your comments and several organizations will place their comments on the record as well. NORMALLY, USCIS does not change the rules much once they have been proposed. I think US immigration policy in "skilled" immigration is distressingly short-sighted. Our adopted country does not recognize the value brought in by us.

    Question 9: My I-140 already withdrawn/revoked after 180 days of initial approval date. Now after implements new rule, will it apply for my case to extend my H-1 beyond 6 years?

    Answer: I cannot say for sure whether USCIS intends to apply these rules retroactively. I hope they do. 

    Question 10: Can you comment on what date will this become effective ? Is it after the comment period is over?

    Answer: The effective date is unpredictable. Usually, it is a few months after the comments are over. 

    Question 11: I need to clarify regarding the I-140 EAD for H-4. If the principal applicant has I-140 approved but the priority date for that category and country in the visa bulletin is more than 10 years back, Can the dependents, such as H-4, apply for I-140 EAD without the documentation for compelling evidence? If no, what are the examples of compelling evidence?I think the regulation does very little incremental for the EB categories. As mentioned, it provides clarification rather than provide more flexibility to the household or family of EB categories. I am disappointed with the revisions that have been made.Also, the compelling evidence was not required till now. What happens to those H-4 EADs which were issued since USCIS started applications from May 27, 2015? How would those H-4 EADs which are approved on the basis of I-140 approval of principal applicant be dissolved?Also, if the spouse moves from H-4 to H-4 EAD. Can he/she move from H-4 EAD to H-1B or any other non-immigrant category? Does the form I-539 allows movement among all categories?

    Answer: H-4 EAD does NOT require compelling evidence. That is a different rule: http://www.immigration.com/blogs/form-i-140-form-i-765/h-4-ead-rule-cont...

    I-594 does allow movement between all categories. H-4 to H-1 is definitely no problem. I agree; I am not too thrilled with the regs. But there is a limit to what Pres. Obama can do, folks. 

    Monday, December 21, 2015 - 04:53

    Birth certificate late registration and secondary evidence

    Question

    I have a delayed birth registration certificate issued by municipal authority with place of birth: hospital name, city. My passport just got the city name as place of birth. Do I need to submit secondary evidence when I file I-485 because of delayed registration?

    Answer

    Video URL

    Wednesday, December 16, 2015 - 07:22

    Immigration implications of crime; petty offense exception; admissions and convictions; 212(d)(3) and other waivers

    Question

    I am holding a Canadian student visa, now is my second year in Canada. I was issued a B-1/B-2 visa last year. Then I was charged of Theft under $5000 this June, and the charge goes withdrawn-diversion in July. When I went to US Embassy for visa renewal this October, the officer asked my about the charge, and I answered honestly that I did it on purpose and I really regret my behavior. He rejected my class B visa, gave me a pink paper, which says the denial is under Section 214(b), which says that alien doesn't show strong ties with home country. After I carefully searched online resources, I found that my admission of the offence will make me inadmissible to enter US, as a moral turpitude. But the officer didn't say that I need waiver to enter US.
    1. So my question is:
    does this mean that their denial is not based on the Crime of Moral Turpitude, but I really didn't show strong ties? Or they just don't reject me explicitly with the real reason? I will marry a Canadian citizen next year so it would be a strong tie then. Or do you suggest me to apply for Waiver of Ground of Inadmissibility like I-106 whatsoever?
    2. Another question is:
    I got an offer of a big well-known US company for summer internship, and I need to apply for J1 Visa. How will the charge affect me J-1 application?

    Answer

    Video URL

    Thursday, November 12, 2015 - 09:15

    H-1B Laid Off Issues

    Question

    I have been laid off by my current employer, with severance paycheck coming at regular pay intervals until mid January-2016. Finding a new employment is taking time. I am on H-1B which first started on October 01, 2013, latest I-797 valid until December 2017.
    1. How long do I legally have, before I become unauthorized to stay? What constitutes as unlawful presence?
    2. My I-94 admission validity is until October 2016; with no employment, does this mean anything?
    3. Before I transition into a new H-1B, can I travel outside and into the country, without a Change of Status? Can I use severance pay checks if asked, for entry purposes?
    4. Can I use my severance pay stubs as pay stubs when my next employer applies for new H-1B?
    5. I am hesitating to inform my next employer about my termination, thinking that this may impact my hiring decision or my ability to negotiate. But not indicating terminated employment, is it possible that my H1B transfer or new petition may be considered unethical?
    6. In your experience, how long does the USCIS take to update a revoked H-1B petition in their systems?
    7. If my new employer files for H-1B transfer before the update but with pay stubs older than 30 days, do I have to mandatory leave the country for new H-1B stamping before starting to work?
    8. If such is the case, is it best to change to a B-2 status and have my next employer apply for new H-1B? If yes, I would assume that I will be cap exempt until September 30, 2019 plus the days spent on B2; would this be a fair assumption.
    9. Can my employer continue to pay severance checks when I am on B-2 status?
    10. What happens if my new employer applies for H-1B transfer with severance paychecks, after USCIS has updated their records?
    11. In your experience, what gap in unemployment is generally ignored by USCIS when filing for new H-1B or transferring new H-1B?
    12. What other words of wisdom do you have for me?

    Answer

    Video URL

     

    Monday, May 11, 2015 - 04:22

    H-4 EAD Expediting Possible?

    Question

    My wife is eligible for H-4 EAD, I know there is no formal way for expediting the process but I've seen a clause in F-1 (OPT) EAD process called "financial loss" and if you've got a job and submit the offer letter while you're waiting for an EAD to get approved, they process your case faster and you get the EAD much sooner than expected. Does this rule apply for H4-EAD as well?

    Answer

    See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

    https://youtu.be/y6RtaKhuoIY?t=864 

    FAQ Transcript:

    I do not know. But let me tell you this when you look at the expedite criteria for any government document they are basically the same. If you can show government error or economic necessity or emergency or some kind of humanitarian considerations - there is five or six criteria then apply. As general observation I think it should be possible to expedite H-4 EAD if you meet the requirements. Theoretically it is possible to expedite the H-4 EAD.

    Wednesday, April 29, 2015 - 02:51

    H-4 EAD - Starting business

    Question

    1.Can we own our business?
    2. Do we have to run own payroll?

    Answer

    See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

    https://youtu.be/3Heaadpk1Ik?t=933 

    FAQ Transcript:

    1. Yes you can.

    2. You do not.

    A business owner often does not get paid. Make sure you got a back up plan. If your EAD runs out for some reason and it is not renewed you should have someone run the business while you do not have an EAD. 

    Wednesday, March 25, 2015 - 05:18

    Denial based upon immigrant intent, 214(b)

    Question

    My F-1 visa was denied twice for the reason 214(b). I have visited my uncle in U.S for 6 months on a vacation. My Uncle (U.S citizen) sponsored me for my both F-1 (student visas). On my first appearance for F-1 visa interview in Chennai consulate my B-2 visa was cancelled by interviewing officer . Now I plan to appear for F-1 visa with my parents sponsorship. Will there be any problem for me in applying F-1 visa interview this time?

    Answer

    See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

    https://youtu.be/GtOqgqgEG6I?t=87

    FAQ Transcript

    214(b) denials, typically you will come across in student visa applications, tourist visa applications, even J-1/J-2 applications. They can be problematic because they are very difficult to overturn. It is a matter of subjective determination of the consulate that they suspect the applicant has an immigration intention.

    If somebody has come to the US on a tourist visa or any other nonimmigrant visa and gone back within the time permitted that’s a good sign. That shows that you are somebody that you can be trusted. In a case like yours unless there was a reason for the consulate not to trust your submission they should have considered your case more sympathetically than the case of somebody who has never been to the United States.

    I don’t think the sponsorship is a problem.

    Wednesday, March 11, 2015 - 07:39

    Enter USA while Green Card is Pending on B-1, B-2/H-1 Visa

    Question

    I am US citizen and planning to sponsor green card for my sibling. My sibling has already visited US in B-1/B-2 visa few times and holds that visa for another few years.
    I know that this kind of application takes 10+ years to approve. From this context in mind, I have few questions -<br>

    1) Can my sibling enter United States on the same B-1/B-2 visa after I apply immigration application?<br>
    2) Can my sibling apply for renewal or new B-1/B-2/H-1 visa while application is being processed?

    Answer

    See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

    https://www.youtube.com/watch?v=baprYGs8IzQ&t=782

    FAQ Transcription

    There really is no statute law that specifically prohibits such an entry. Well maybe there is something that says you must have nonimmigrant intent but the question is can they do it. Theoretically  yes they can enter on a b visa while the green card is pending especially when something is pending for 13-14 years they maybe allowed an entry but they can be disallowed an entry at any point of time. So there is no guarantee that the B-1/B-2 option either the renewal of the visa or entry at the airport will be permitted on a indefinite basis. You could be stopped any time.  However H visa, L visa, E visa and O visa are some of the visas that are not subject to the problem of green card pendency. These visas can be utilized. Also remember a green card can be filed through several different categories at the same time. So if your sibling qualifies for other categories they can apply under all the categories available for them. So H-1 visa is no problem b but B-1/B-2 no guarantee.

    Monday, January 5, 2015 - 04:14

    I-94 Admission Record

    Question

    How does a traveler revalidate a visa without their I-94?

    Answer

    The I-94 admission record is created electronically and maintained in CBP systems. CBP will verify the I-94 electronically to re-validate an expired visa if the traveler meets the conditions of automatic revalidation. In order to demonstrate eligibility for automatic revalidation, a traveler may be required to present a copy of the website printout to the air or sea carrier prior to boarding. If entry occurred prior to automation, a paper form must be presented in order to comply with validation requirements. For more information about automatic revalidation go to http://www.cbp.gov/document/bulletins/automatic-revalidation-visas.

    Tuesday, November 18, 2014 - 00:06

    H-4 and I-140

    Question

    Currently I am on H-1B and my wife in H-4, my company had recently filed for Green Card. It has been 6 months since the petition has been filed. My wife has about 5 years of work experience back in India. She is interested to work here now. What are the possibilities of her getting a job here in US. As my GC is in progress, can she start looking for a job once my I-140 is approved?

    Answer

    Until the pending H-4 EAD regulations are promulgated, the only obvious option for her is to obtain her H-1 through employment.

    Friday, November 14, 2014 - 07:08

    Withdrawal of Application for Admission at the Airport Under INA 212(a) (7)(A) (i)(I) & 235(b)(1)

    Question

    Iam a Indian National Married to A US PR holder She has cleared her N400 Interview .I have been last year Denied Admission (deported) from Airport after me being initially on Student (F-1) Visa & then on H1B (61/2 years previously) with Citations : 212(a) (7)(A) (i)(I) & 235(b) (1) .
    The questions I have for you are :
    Q) Do I have any 3 yr, 5 Yr or 10 yr ban on my entrance to USA ?
    Q) Do I need any waiver like I-212 or anything else for my future entry to USA ?
    My I-130 had been approved and I believe I can upgrade my I-130 by my Spouse sending her Naturalization Certificate & her passport copy to NVC(Kentucky)
    Q) Do you think I might have difficulties while facing this changed IR-1 Category Visa Interview and any other problems at the Port of Entry ?
    Q) What timeframe does NVC take to notify the Consulate & Can it be Hyderabad, India ? & Overall how much time will it take for me to get the Visa or the Conditional Green Card

    Answer

    Video URL

    Friday, October 31, 2014 - 02:33

    Effect of Tourist Visa Denial on Student Visa

    Question

    Last year my tourist visa was denied because the officer thought I may not come back. Now I am going for student visa. What effect will the tourist denial have on my student visa application?

    Answer

    When the tourist visa denial is based upon a possible intent to immigrate (also known as INA Section 214(b) denial), it CAN be a problem for student visa.

    Thursday, October 16, 2014 - 02:35

    K Visa for Spouse of Green Card Person

    Question

    Can I get K visa for my spouse? I am a US immigrant with green card. Is there something called a V visa?

    Answer

    V visa no longer exists. There is no K visa option for green card holders. Sorry. 

    Friday, October 3, 2014 - 07:29

    Sister Filed Petition

    Question

    My sister filed petition for me last year maybe I-130. I am an Indian and my wife is Italian, I am in California nowadays since last week. Can we stay here permanently under I-485 or AOS whatever?

    Answer

    That category takes 13-14 years. During the time you are waiting for your priority date to be current, you cannot stay in the USA just because your green card is pending. You can, however, stay or come to the USA under a visa independent of the green card such as L-1, H-1. You can also apply for a green card in several categories simultaneously.

    my sister filed petition me last year maybe i-130,i am an indian and my wife is italian,i am in califonia nowdays since last week.can we stay here permanantly under i-485 or aos whatever? - See more at: http://www.immigration.com/comment/14928#comment-14928

    Tuesday, September 23, 2014 - 07:04

    LCA for Singapore H-1B1

    Question

    Do we need to send an LCA for H-1B1 Singapore quota?

    Answer

    Yes, you do. E-3 visas for Australia and H-1B1 for Singapore and Chile, all require an LCA.

    Yes, you do. E-3 visas for Australia and H-1B1 for Singapore and Chile, all require an LCA. - See more at: http://www.immigration.com/comment/14777#comment-14777

    Friday, September 12, 2014 - 01:44

    Can I Travel Back On F-1 Visa If My Reinstatement Is Denied?

    Question

    Do I have to get a new visa stamp for my F-1 or can I travel back using the same F-1 visa stamp if my reinstatement is denied? I fell out of status because I registered for less than a full course load.

    Answer

    In my view, it is unsafe to travel on an existing visa after being out of status. If they become aware of your status problems, CBP, upon returning, can turn you back at the airport, or worse, even formally deny you admission thereby laying a five-year bar against reentry.

    In my view, it is unsafe to travel on an existing visa after being out of status. If they become aware of your status problems, CBP, upon returning, can turn you back at the airport, or worse, even formally deny you admission thereby laying a five-year bar against reentry. - See more at: http://www.immigration.com/comment/14631#comment-14631

    Thursday, August 28, 2014 - 06:27

    Is CPT an Acceptable Way of Working?

    Question

    My H-1 6 years are about to be over. No way to extend per lawyers. Can I move to CPT?

    Answer

    This is tricky. Usually CPT in the first semester is looked upon with suspicion by USCIS, unless: 1. yours is a graduate program; 2. the practical training is integral to the academic program; and 3. the employer has signed a co-operative agreement with the school.

    This is tricky. Usually CPT in the first semester is looked upon with suspicion by USCIS, unless: 1. yours is a graduate program; 2. the practical training is integral to the academic program; and 3. the employer has signed a co-operative agreement with the school. - See more at: http://www.immigration.com/comment/14458#comment-14458

    Wednesday, July 23, 2014 - 04:59

    Visa for Medical Treatment

    Question

    What kind of visa can I get for medical treatment. I have an appointment with a Surgeon in Anderson. Can the visa be extended without leaving America?

    Answer

    Typically, medical treatment in the USA is undertaken on a B-1 ("Business" visa. Strange, huh?). But do not get confused. Consulates often mark visas as B-1/B-2 or even B-2 (visitors/tourist) for medical treatment. Once here, you can ask for extensions of stay if the circumstances so require. I remember extending the stay of a child and his parents for two years (in 6-monthly chunks), where the baby was being treated for ongoing medical problems.

    Friday, March 28, 2014 - 03:42

    Can H-4/F-2, etc. non-work visa holders volunteer?

    Question

    Answer

    This question is raised often and debated much amongst lawyers focusing their practice on employment-based immigration.  I have a call scheduled with a corporate client who is considering the legality of accepting a volunteer in their for-profit IT business.

    I intend to inform them that under US immigration laws, if the work is performed for NO remuneration or other benefits, it would not violate the law. This issue has been explored in my blog entry here.

    The problem, however, is that the Fair Labor Standards Act (Federal Law) does not permit for-profit employers to hire unpaid "interns" or "volunteers." See this link for FLSA standards according to US Department of Labor. There has been considerable litigation on this issue with employers on the losing side. So, please consult your employment law counsel before deciding on retaining the services of unpaid employees.

    Tuesday, March 18, 2014 - 05:49

    Visa Status (Void when out of status)

    Question

    How do I know if my visa is voided or not? I applied for a change of status while in the USA and got a denial, so I left the country 11 days after, with my I-94 already expired. Some people say my visa is voided, but where can I check this?

    Answer

    That is covered by section 222(g) of INA. See this link: http://www.uscis.gov.edgesuite-staging.net/ilink/docView/SLB/HTML/SLB/0-...

    "(g) 2/ (1) In the case of an alien who has been admitted on the basis of a nonimmigrant visa and remained in the United States beyond the period of stay authorized by the Attorney General, such visa shall be void beginning after the conclusion of such period of stay."

    Thursday, January 2, 2014 - 04:34

    Licensing of Foreign Persons Employed by a U.S. Person

    Question

    When is a foreign person considered an employee?
    If residing overseas, is the foreign person employee considered a broker?
    Should current authorizations be replaced or amended to be consistent with current guidance?
    Can multiple employees be covered under one authorization?
    How is an employee providing marketing services overseas identified in a license application?
    What if the foreign person’s place of birth is different from the country he/she now resides in and holds citizenship from?
    What value should be entered on the license application?
    How should the foreign person employee of a U.S. person be identified in the TAA or MLA?
    Who should sign the DSP-83 for the transfer of U.S. classified information?

    Answer

    When is a foreign person considered an employee?
    A foreign person is considered an employee when the foreign person is a full time regular employee, directly paid, insured, hired/fired and/or promoted exclusively by the U.S. person. The employee, however, need not LIVE in the U.S. to be employed by the U.S. person. The U.S. person is liable to ensure all foreign person employees are compliant with U.S. export laws regardless of residence.

    If residing overseas, is the foreign person employee considered a broker?
    If truly employed by the U.S. person, the foreign person is NOT considered a broker when performing the U.S. person’s business (must be within the scope of the employment authorization) since he/she is a company employee.

    Should current authorizations be replaced or amended to be consistent with current guidance?
    Currently approved authorizations are still valid. As expiration dates are reached, industry will be expected to submit the appropriate authorization as delineated in the current guidance.

    Can multiple employees be covered under one authorization?
    Yes. Multiple foreign person employees can be covered under one authorization so long as they are all of the same nationality working on the same program/commodity, i.e., all French nationals working on the same radar program.

    How is an employee providing marketing services overseas identified in a license application?
    If the U.S. person desires for the foreign person employee to market their products to other countries and the product is within the scope of the DSP-5, the U.S. person should obtain a license to market a particular technology to a particular country identifying the foreign person employee as a foreign consignee. Once the marketing license is approved the foreign employee may perform his/her job duties. The case number of the employment DSP-5 should be identified in the marketing license application.

    What if the foreign person’s place of birth is different from the country he/she now resides in and holds citizenship from?
    This would bring into question the issue of dual nationality and whether the individual had ties to his country of birth which would indicate a degree of loyalty and allegiance to that country. The license would be considered on the basis that it could be an export to both countries. Normally, this does not present a problem unless the country of birth is proscribed under 22 CFR 126.1 in which case we have to secure additional information to confirm lack of significant ties to the country of birth.

    Wha value should be entered on the license application?
    DDTC suggests identifying the foreign person employee’s annual salary and/or value of the technical data/defense services transferred/received.

    How should the foreign person employee of a U.S. person be identified in the TAA or MLA?
    The agreement holder must amend the agreement to specifically identify the foreign person employees of all U.S. signatories. The statement should be made in 22 CFR 124.7(4) with other statements regarding transfer territory. If the foreign person employees are not already identified, this statement should be included in the next amendment submitted to DDTC for approval. 

    Who should sign the DSP-83 for the transfer of U.S. classified information?
    The U.S. person and the foreign person employee must execute the DSP-83 when the transfer of U.S. classified information is required. DDTC may require the foreign government to execute the DSP-83 on a case-by-case basis. 

    For more information visit these links: http://www.pmddtc.state.gov/faqs/license_foreignpersons.html#1

    http://www.uscis.gov/working-united-states/temporary-workers/frequently-asked-questions-about-part-6-form-i-129-petition-nonimmigrant-worker 
    http://www.bis.doc.gov/

    Tuesday, December 17, 2013 - 06:58

    Social Security Number And Card

    Question

    How do I get a number and card?

    Answer

    A Social Security number is important because you need it to get a job, collect Social Security benefits and receive some other government services. Many other businesses, such as banks and credit companies, also ask for your number.If you are a noncitizen living in the United States, you also may need a Social Security number. For more information, see Social Security Numbers For Noncitizens (Publication No. 05-10096). If you are temporarily in the United States to work, see Foreign Workers and Social Security Numbers (Publication No. 05-10107).

    How do I get a number and card?

    To apply for a Social Security number and card:

    Complete an Application For A Social Security Card (Form SS-5); and

    Show the original documents or copies certified by the issuing agency proving:

    —U.S. citizenship or immigration status [including Department of Homeland Security (DHS) permission to work in the United States];

    —Age; and

    —Identity.

    Then, take or mail your completed application and documents to your local Social Security office.

    Citizenship or immigration status: 

    The center accepts only certain documents as proof of U.S. citizenship. These include a U.S. birth certificate, a U.S.passport, Certificate of Naturalization or Certificate of Citizenship. If you are not a U.S. citizen, Social Security will ask to see your current U.S. immigration documents. Acceptable documents include your:

    Form I-551, Permanent Resident Card (green card, includes machine-readable immigrant visa with your unexpired foreign passport);

    I-94, Arrival/Departure Record, with your unexpired foreign passport; or

    I-766, Employment Authorization Card (EAD, work permit).

    International students must present further documentation. For more information, see International Students And Social Security Numbers (Publication No. 05-10181).

    Age: You need to present your birth certificate. (If one exists, you must submit it.) If a birth certificate does not exist, Social Security may be able to accept your:

    Religious record made before the age of 5 showing your date of birth;

    U.S. hospital record of your birth; or

    Passport.

    Identity: Social Security can accept only certain documents as proof of identity. An acceptable document must be current (not expired) and show your name, identifying information and preferably a recent photograph. Social Security will ask to see a U.S. driver's license, state-issued nondriver identification card or U.S. passport as proof of identity. If you do not have the specific documents asked for, Social Security will ask to see other documents including:

    Employee ID card;

    School ID card;

    Health insurance card (not a Medicare card);

    U.S. military ID card;

    Adoption decree;

    Life insurance policy; or

    Marriage document (only in name change situations).

    All documents must be either originals or copies certified by the issuing agency. Social Security cannot accept photocopies or notarized copies of documents. Social Security may use one document for two purposes. For example, Social Security may use your U.S. passport as proof of both citizenship and identity. Or, Social Security may use your U.S. birth certificate as proof of age and citizenship. However, you must provide at least two separate documents.

    Social Security will mail your number and card as soon as they have all of your information and have verified your documents with the issuing offices.

    What does it cost?

    There is no charge for a Social Security number and card. If someone contacts you and wants to charge you for getting a number or card, please remember that these Social Security services are free. You can report anyone attempting to charge you by calling our Office of the Inspector General hotline at 1-800-269-0271.

    Are there different types of cards?

    Social Security  issues three types of Social Security cards. All cards show your name and Social Security number.

    The first type of card shows your name and Social Security number and lets you work without restriction. Social Security issue it to:

    —U.S. citizens; and

    —People lawfully admitted to the 

    United States on a permanent basis.

    The second type of card shows your name and number and notes, “VALID FOR WORK ONLY WITH DHS AUTHORIZATION.” Social Security issues this type of card to people lawfully admitted to the United States on a temporary basis who have DHS authorization to work.

    The third type of card shows your name and number and notes, “NOT VALID FOR EMPLOYMENT.” Social Security issues it to people from other countries:

    —Who are lawfully admitted to the United States without work authorization from DHS, but with a valid nonwork reason for needing a Social Security number; or

    —Who need a number because of a federal law requiring a Social Security number to get a benefit or service.

    How do I get my child a Social Security number?

    It is a good idea to get the number when your child is born. You can apply for a Social Security number for your baby when you apply for your baby’s birth certificate. The state agency that issues birth certificates will share your child’s information with us. Social Security will mail the Social Security card to you. Or, you can wait and apply at any Social Security office. If you wait, you must provide evidence of your child’s age, identity and U.S. citizenship status. If you are filing an application on behalf of someone else, you must show us evidence of your relationship to, or responsibility for, the person for whom you are filing. You also must show us proof of your identity. Social Security must verify your child’s birth record, which can add up to 12 weeks to the time it takes to issue a card. To verify a birth record, Social Security will contact the office that issued it.

    Anyone age 12 or older requesting an original Social Security number must appear in person for an interview, even if a parent or guardian will sign the application on the child’s behalf.

    Adoption: Social Security can assign your adopted child a number before the adoption is complete, but you may want to wait. Then, you can apply for the number using your child’s new name. If you want to claim your child for tax purposes while the adoption is still pending, contact the Internal Revenue Service for Form W-7A, Application for Taxpayer Identification Number for Pending U.S Adoptions. For more information, see Social Security Numbers For Children (Publication No. 05-10023).

    What if my name changed?

    If you legally change your name because of marriage, divorce, court order or any other reason, you need to tell Social Security so that you can get a corrected card. If you are working, also tell your employer. If you do not tell us when your name changes, it may:

    Delay your tax refund; and

    Prevent your wages from being posted correctly to your Social Security record, which may lower the amount of your future Social Security benefits.

    If you need to change your name on your Social Security card, you must show us a document that proves your legal name change. Documents Social Security may accept to prove a legal name change include:

    Marriage document;

    Divorce decree;

    Certificate of Naturalization showing a new name; or

    Court order for a name change.

    If the document you provide as evidence of a legal name change does not give us enough information to identify you in our records or if you changed your name more than two years ago (four years ago if you are younger than age 18), you must show us an identity document in your old name (as shown in our records). Social Security will accept an identity document in your old name that has expired.If you do not have an identity document in your old name, Social Security may accept an unexpired identity document in your new name, as long as Social Security can properly establish your identity in our records.

    Citizenship: Also, if you are a U.S. citizen born outside the United States and our records do not show you are a citizen, you will need to provide proof of your U.S. citizenship. If you are not a U.S. citizen, Social Security will ask to see your current immigration documents.

    Your new card will have the same number as your previous card, but will show your new name.

    How do I make sure my records are accurate?

    Each year your employer sends a copy of your W-2 (Wage and Tax Statement) to Social Security. Social Security compares your name and Social Security number on the W-2 with the information in our files. Social Security add the earnings shown on the W-2 to your Social Security record.It is critical that your name and Social Security number on your Social Security card agree with your employer’s payroll records and W-2 so that Social Security can credit your earnings to your record. It is up to you to make sure that both Social Security’s records and your employer’s 

    records are correct. If your Social Security card is incorrect, contact any Social Security office to make changes. Check your W-2 form to make sure your employer’s record is correct and, if it is not, give your employer the accurate information.

    You also can check your earnings record on your Social Security Statement. The Statement is available online to workers age 18 and older. 

    To review your Statement, go to www.socialsecurity.gov/myaccount and create an account.

    What if my immigration status or citizenship changed?

    If your immigration status changed or you became a U.S. citizen, you should tell Social Security so Social Security can update your records. To get your immigration status or citizenship corrected, you need to show documents that prove your new status or citizenship. Social Security can accept only certain documents as proof of citizenship for new and replacement cards. These include your U.S. passport, a Certificate of Naturalization or a Certificate of Citizenship. If you are not a U.S. citizen, Social Security will ask to see your current immigration documents.

    What if my card is lost or stolen?

    You can replace your card or your child’s card for free if it is lost or stolen. However, you are limited to three replacement cards in a year and 10 during your lifetime. Legal name changes and other exceptions do not count toward these limits. For example, changes in noncitizen status that require card updates may not count toward these limits. Also, you may not be affected by these limits if you can prove you need the card to prevent a significant hardship.To get a replacement card, you will need to:

    Complete an Application For A Social Security Card (Form SS-5);

    Present an unexpired original document with identifying information and preferably a recent photograph that proves your identity;

    Show evidence of your U.S. citizenship if you were born outside the United States and did not show proof of citizenship when you got your card; and

    Show evidence of your current lawful noncitizen status if you are not a U.S. citizen.

    Your replacement card will have the same name and number as your previous card.

    How can I protect my Social Security number?

    You should treat your Social Security number as confidential information and avoid giving it out unnecessarily. You should keep your Social Security card in a safe place with your other important papers. Do not carry it with you unless you need to show it to an employer or service provider.Social Security do several things to protect your number from misuse. For example, Social Security requires and carefully inspect proof of identity from people who apply to replace lost or stolen Social Security cards, or for corrected cards. One reason Social Security do this is to prevent people from fraudulently obtaining Social Security numbers to establish false identities. Social Security maintains the privacy of Social Security records unless:

    The law requires us to disclose information to another government agency; or

    Your information is needed to conduct Social Security or other government health or welfare program business.

    You should be very careful about sharing your number and card to protect against misuse of your number. Giving your number is voluntary even when you are asked for the number directly. If requested, you should ask:

    Why your number is needed;

    How your number will be used;

    What happens if you refuse; and

    What law requires you to give your number.The answers to these questions can help you decide if you want to give your Social Security number. The decision is yours.

    Contacting Social Security

    For more information and to find copies of our publications, visit our website at www.socialsecurity.gov or call toll-free, 1-800-772-1213 (for the deaf or hard of hearing, call our TTY number, 1-800-325-0778). Social Security treat all calls confidentially. Social Security can answer specific questions from 7 a.m. to 7 p.m., Monday through Friday. Generally, you’ll have a shorter wait time if you call during the week after Tuesday. Social Security can provide information by automated phone service 24 hours a day.Social Security also want to make sure you receive accurate and courteous service. That is why Social Security have a second SocialSecurity representative monitor some telephone calls.

    Tuesday, November 26, 2013 - 02:50

    Employment Authorization Document (EAD)

    Question

    What is an EAD?

    Answer

    What is an EAD?  

    Certain aliens who are temporarily in the United States may file a Form I-765, Application for Employment Authorization, to request an Employment Authorization Document (EAD), which authorizes them to work legally in the U.S. during the time the EAD is valid.  

    Why does my new EAD look different than my prior one 

    USCIS has enhanced the EAD with new security features to reduce fraud. This is part of USCIS’s ongoing efforts to improve the integrity of the 
    immigration process. USCIS will replace EADs already in circulation with the new security enhanced EADs as individuals apply for the renewal or 
    replacement of their current EAD.  

    How do I know if I can get an Employment Authorization Document (EAD)? 

    Whether you can obtain, or even if you need, an EAD depends upon what status you have in the United States or, many times, if you have filed or 
    are filing for certain other benefits. 

     • If you are in, or want to be in, a valid nonimmigrant category, including a NATO category

    • If you are an asylee or refugee

    • If you have, or are filing for, Temporary Protected Status (TPS) 

    • If you are filing a Form I-485, Application for Permanent Resident Status, you can apply for employment authorization at the same time you file your I-485 or at any time while your I-485 is pending. 

    • If you are filing, or have filed for political asylum on Form I-589

    • You may also be able to apply for employment authorization if: 

    o You have been granted deferred action by USCIS or ICE, 

    o You have been granted voluntary return under the Family Unity program, or 

    o You are under an order of supervision issued after receiving a final order of deportation or removal from an immigration court.  

    How do I apply for an Employment Authorization Document?  

    To apply for an Employment Authorization Document, use USCIS Form I-765 

    When should I file for an extension of my employment authorization?  

    You should not file more than 120 days before the expiration date shown on your current employment authorization document; however, you 
    should file 90 days before the expiration date.   

    How do I get the Form I-765 "Application for Employment Authorization” (EAD)?  

    The Form I-765 can be obtained by downloading it from the USCIS website at www.uscis.gov&nbsp;
     Note: E- filing may also be available on certain categories on the I-765. 

    Under the “I am applying for” area of the form, there are three different blocks. Which one should I check?  

    • Initial EAD (this is your first application under a specific category), 

    • A Renewal EAD (an extension of previously granted employment authorization), or 

    • A Replacement EAD (to replace a lost, mutilated, or destroyed EAD, or to update information, such as a name change on the EAD),  

    Initial EAD  

    An application for an initial EAD is one in which the applicant is filing for an EAD under a specific category for the first time. For example, if the 
    applicant previously had an EAD under the Form I-765(c)(8) category and is now filing under the (a)(5) category, the application is considered an initial application because it is the first one filed under the new category (a)(5), even though they had been issued a previous card under a different category. Each applicant who is required to have an EAD must have it in their possession before they can begin working.  

    Renewal EAD  

    An application for a renewal EAD is one in which the applicant is filing for an extension of his/her EAD under the same category as he or she 
    previously had. Except for applicants in refugee or asylee status, each person must have a valid card in their possession to be eligible to continue working. Therefore, it is important to stress that renewal EADs should be filed at least 90 days before the expiration of the old EAD in order to avoid lapses in employment. 

     Replacement EAD  

    An application for a replacement EAD is filed if a card has been lost, stolen, or mutilated, or when the previously issued card contains 
    erroneous information, such as a misspelled name or name change. If an application for a replacement EAD is approved, the replacement  EAD will have the same dates and category as the EAD that was lost, stolen, etc.  

    Persons applying for replacement documents can present the receipt for the I-765 as evidence of employment eligibility but must produce a
    valid card within 90 days of showing the receipt.  

    For question 16, how do I know for which category I should apply?  

    • If you are filing for Consideration of Deferred Action for Childhood Arrivals, file under category (c)(33) 

    • If you are an asylee, file under category (a)(5) 

    • If you are a refugee, file under category (a)(3) 

    • If you were paroled as a refugee, file under category (a)(4) 

    • If you were paroled in the public interest, file under category (c)(11). 

    • If you are filing for Temporary Protected Status (TPS), file under category (c)(19) 

    • If you have been granted TPS, file under category (a)(12). 

    • If you are filing a Form I-485, Application for Permanent Resident Status, file your I-765 under category (c)(9). 

    • If you are filing, or have filed for political asylum on Form I-589, please refer to Volume 4.4.3.5, Special Programs and Services before 

    filing. If it appears you can file for employment authorization, file under category (c)(8). 

    • You may also be able to apply for employment authorization if: 

    o You have been granted deferred action by USCIS or ICE, file under category (c)(14) 

    o You have been granted voluntary return under the LIFE Act Family Unity program, file under category (a)(14) 

    o You are under an order of supervision issued after receiving a final order of deportation or removal from an immigration court, file 

    under category (c)(18) 

    o You have been granted withholding of deportation by an Immigration Court, file under category (a)(10)  

    For other categories, please follow the instructions to Form I-765.  

    Note: E- filing may also be available on certain categories on the I-765. 

    Do I have to submit photos with the Form I-765?  

    Yes, you must submit two standard passport-style photos. The photos must have been taken no earlier than 30 days prior to the date you file the
    I-765. Please see the Form I-765 for the required specifications for the photos.  

    Do I need to submit a “signature card,” I-765A, with my I-765 application?  

    No, the signature card is no longer required as part of the filing process. 

    How long does USCIS have to make a decision on my Application for Employment Authorization?  

    The required times in which USCIS must make a decision on an I-765 are:  

    • Ninety (90) days of receipt of applications filed under categories other than asylum-based, or  

    • Thirty (30) days if filing based upon a pending asylum case and filing for an initial EAD,  

    One exception to this rule is if USCIS requires additional evidence. The processing time limit is extended by the amount of time it takes for you to receive the request for evidence and respond to it. Also, the processing time is extended when a request for evidence is issued for any Form filed concurrently with the I-765.  

    If USCIS has to send out a Request for Evidence, the processing “clock” stops. The maximum allowed time to submit evidence is 12-weeks. Once USCIS receives your response, the processing “clock” starts up again.  

    When am I eligible for an Interim EAD? 

    If USCIS does not make a decision on your I-765 within 90 days, (30 days for Asylum applicants), you may request an Interim EAD. The interim EAD can be granted for a period up to 240 days.  

    Note: If the time frame for a decision on the I-765 has expired, please call our toll-free number at 1-800-375-5283.  

    My I-765 was approved, but I have not received my EAD. Can I get temporary evidence of employment authorization?  

    Customers who have an approved (or denied) I-765 are not eligible for an interim EAD.  

    Note: If your I-765 was approved at a Service Center, but you have not received the EAD 30 days or more from the date of approval, you may be eligible for a Non-Delivery of Employment Authorization Document service request referral to the Service Center. Please call our toll-free number at 1-800-375-5283 for further assistance with this issue. 

     Can I get a Social Security card after I get my EAD?  

    In most cases, you can apply for a Social Security card after you receive an employment authorization document. You will need another type of officially issued photo identification, a passport, I-94 bearing a stamp of refugee or asylee status and/ or driver’s license.  

    For more information about how to apply for a Social Security card, please call the Social Security Administration at 1-800-772-1213.  

    What if my EAD has incorrect information on it when I receive it?  

    For help with this question, please call our toll-free number: 1-800-375-5283.  

    Who is eligible for an EAD that is valid for two years?  

    The two-year EAD is only available to pending adjustment applicants who are currently unable to adjust status because an immigrant visa numberis not currently available. In order to be eligible for an EAD with a two year validity period, an applicant’s I-140, Immigrant Petition for Alien Worker, must be approved. 

     When will applicants expect to receive the new two-year EAD?  

    Applicants filing Form I-765 began receiving their two-year EAD after June 30, 2008. 

    Will applicants get a two-year EAD when they file an I-765 with their I-485 adjustment of status application?  

    Generally, no. Initial EAD filings will generally receive an EAD that is valid for one year because they are usually submitted with the Form I-485 which can only be filed when there is an immigrant visa number immediately available to the individual. Applicants are only eligible for a two-year EAD if their immigrant visa availability date retrogresses (i.e., when actual demand for visa numbers exceeds forecasted supply) after the Form I-485 is filed. If an immigrant visa number is available, USCIS will grant the one-year EAD.  

    How will USCIS decide whether to issue an EAD valid for one or two years?  

    USCIS will decide whether to renew an EAD for either a one or two-year validity period based on the most recent Department of State Visa Bulletin. If an applicant’s visa number has retrogressed and is unavailable, USCIS may issue a renewal EAD valid for two years. USCIS will continue to issue the EAD in one-year increments when the Department of State Visa Bulletin shows an employment-based preference category is current as a whole or the applicant’s priority date is current.  

    If I am filing for a replacement EAD, how long is the EAD valid?  

    If an individual requests to replace an EAD that has not expired, USCIS will issue a replacement EAD that is valid through the same date as the previously issued EAD. However, if the previous EAD has expired, USCIS will process the request for a renewal EAD and determine the appropriate validity period based on the Department of State Visa Bulletin and the applicant’s priority date.  

    Why is USCIS changing the validity period for some EADs?  

    USCIS views this change as a way to better serve its customer base, and in particular, persons who are waiting to become lawful permanent residents and are impacted by the lack of immigrant visa numbers. 

     When I file Form I-765, how long will it take to receive a decision?  

    You should receive a decision within 90 days (30 days for Asylum applicants) from the receipt date on your Form I-765. In some cases, an EOIR- granted asylee will receive an EAD card valid for 2 years by mail within 7 to 10 days from the day the biometrics information is received. 

    Note: If you have not received a decision and over 75 days (25 days for Asylum applicants) has passed, please call our toll-free number at 1-800-375-5283 for further assistance with this issue.  

    Will the new EAD affect my current valid EAD card?  

    No, it does not affect your current valid EAD card and you do need to file for a new card before your current card expires.  

    Why USCIS redesigned the Employment card?  

    The new features of the EAD will better equip workers, employers and law enforcement officials to recognize the card as definitive proof of authorization to work in the United States.  

    For more information about  EAD please visit our Blog and Podcasts and Video sections. 

    Thursday, November 21, 2013 - 05:19

    Administrative Processing

    Question

    What is Administrative Processing?

    Answer

    Some visa applications require further administrative processing, which takes additional time after the visa applicant's interview by a Consular Officer. Applicants are advised of this requirement when they apply. Most administrative processing is resolved within 60 days of the visa interview. Learn more.

    Tuesday, October 1, 2013 - 07:46

    Information on Printing I-94

    Question

    I do not have an I-94 from my last entry to the US in June, but I need it for my H-1B renewal. What should I do?

    Answer

    Please refer to the following link for information on printing your I-94: http://www.immigration.com/news/general-nonimmigrant-visa/i-94-web-appl…

    Friday, July 26, 2013 - 07:38

    Applicant Accompanied by a Third Party for an Interview

    Question

    May a third party (spouse, sponsor, etc.) accompany an applicant to an interview for a Nonimmigrant or Immigrant Visa?

    Answer

    The State Department says that on the Immigrant Visa side, the petitioner may accompany the beneficiary if a petitioner is in the Consulate city at the time of the interview.  The interviewing officer will speak to the petitioner only if he/she determines it is necessary to assess the case.  Applicants under 17 years old MUST be accompanied by a parent or legal guardian on the Nonimmigrant Visa side.  Other third parties are not permitted to accompany the Nonimmigrant Visa applicant.

     

    Thursday, July 25, 2013 - 07:23

    Bangkok’s Local Policy on Issuing B Visas

    Question

    1. Describe Bangkok’s local policy on issuing B visas.

    2. How does HCMC <b>(Ho Chi Minh City)</b> typically handle B visa adjudications for pregnant mothers who wish to give birth in the U.S.?

    3. How does HCMC <b>(Ho Chi Minh City)</b> typically handle B visa adjudication for dependent parents?

    4. How does HCMC <b>(Ho Chi Minh City)</b> typically handle B visa adjudication for domestic employees?

    5. How does HCMC <b>(Ho Chi Minh City)</b> typically handle B visa adjudication for cohabitating partners of NIV (nonimmigrant visa applicant) or USC (U.S. citizen)?

    Answer

    1. Bangkok does not have any “policy” on evaluating B-1/B2 visa applications other than the approaches outlined in 9 FAM.  Each case is treated individually and is decided based on the personal interview.

    2. One case may require a particular piece of information and the other case may not require the same information.  However, in some cases, presenting certain information may help the applicant explain their B-1/B-2 qualifications.  For example, pregnant mothers traveling to give birth may wish to demonstrate their ability to pay their medical expenses.

    3. Dependent parents may wish to demonstrate family and financial ties to Vietnam.  As noted in 9 FAM, each case is treated on an individual basis.

    4. Domestic employees must demonstrate the duration of employment and contractual agreement with the employer.

    5. Partners of U.S. citizens must demonstrate the length of the relationship with the U.S. citizen and strong personal ties with long term plans to maintain residency in Vietnam.  HCMC does not have any specific requirements for documents beyond the basic documentary requirement for an NIV application; however, as mentioned in 9 FAM, consular officers may request additional information.

    Monday, July 22, 2013 - 07:25

    Interview Protocol

    Question

    May a third party (spouse, sponsor, etc.) accompany an applicant to an interview for a Nonimmigrant or Immigrant Visa?

    Answer

    The State Department says that on the Immigrant Visa side, the petitioner may accompany the beneficiary if the petitioner is in the Consulate city at the time of the interview.  The interviewing officer will speak to the petitioner only if he/she determines it is necessary to assess the case.  Applicants under 17 years old MUST be accompanied by a parent or legal guardian on the Nonimmigrant Visa side.  Other third parties are not permitted to accompany the Nonimmigrant Visa applicant.

    Thursday, June 6, 2013 - 06:47

    B-1 in Lieu of H-1

    Question

    I came with B-1 to work until I obtain H-1B (this is B-1 in lieu of H-1 clause that authorize me to work). I was not selected at 2013 H-1B lottery. How long can I stay on B-1: 6 months + one renewal, would the second renewal be granted,I am looking at L-1B as an alternative but I did not complete the one continuous year before coming to US with my employer. Can the company "make up" some months of work abroad to complete the 12 months? How deep are they digging into for L-1B?

    Answer

    No making up please, unless federal prison is a part of our career plan. B-1 in lieu of H-1 is uncertain, but you can keep trying extensions. If the new law for comprehensive immigration reform passes, things could change drastically.

    Wednesday, May 29, 2013 - 06:02

    Moving Outside USA For A Year While H-1B Has Not Expired

    Question

    I have a valid H-1B until April 2014. I left my employment with my company March 2013 and we were in the process of applying for the GC. I did not have time to find another employer and file a GC application before entering my final year. Therefore even if I transferred my H-1B I still would have had to leave in 2014. Therefore I have decided to come back to England for a year and reapply when I have completed 365 days out. I have 2 questions:

    1) Does my time start from when I left the US or do I have to cancel my H-1B?

    2) If I go back to visit, I assume I just visit under the visa waiver?

    Answer

    1. The one year out starts when you leave USA.

    2. It may be best not to visit during that year.

    Monday, May 6, 2013 - 03:00

    Change of Visa From H-1B to F-2

    Question

    I am currently on H-1B visa. Is there a way I can change the visa to F-2 without going back to India? My fiancé is here on F-1 visa and this visa is valid till Sep 2014.

    Answer

    You must be married to the F-1 holder in order to be eligible for F-2 status.  Fiances do not qualify for derivative status.

    Wednesday, April 24, 2013 - 02:03

    Grounds for Rejection for B and F Visa

    Question

    I have done my masters in USA and stayed there for 4 years and came back to India. My visa got over on Jan 2013, and I plan to pursue my MBA in USA and went for the visa interview twice it got rejected, and now my friends and family are suggesting me to apply for B-2 visa. What should I do?

    Answer

    The grounds for rejection for B and F visa are usually the "immigrant intent." If indeed that is the reason for your visa rejection, I do not see any difference between B and F applications.

    Friday, April 5, 2013 - 09:03

    Exploring Other Options During H-1 Transition

    Question

    As my husband's H-1 expires, we are moving back to India around August/September. I am exploring options to quit my job (also on H1) in the last 2-3 months, but since this is a short period, I'm looking for the most convenient and economical transition. Can you please advise:
    - Convert to H4: What is the expense incurred and how much in advance would I have to apply for this?
    - I have a tourist visa that is valid till 2016- can I take advantage of this?
    - Is there a grace period after leaving a job here (giving up your H1) that I can take advantage of if I time it properly?

    Answer

    You will need to figure out the filing fees for Form I-539 (used for H-4). You can convert to tourist visa (status) if you leave USA and reenter using the tourist visa. To let you back in or not would be at the discretion of the CBP officer who interviews you. There is no grace period under these circumstances.

    Tuesday, March 5, 2013 - 01:17

    O-1B Extension and Authorized Period of Stay

    Question

    I have been in the US for six years. First O-1B expired on Feb15, sent in application for the 2nd O-1B already in December. The itinerary wasn't sufficient, response due by April 26th, ready to send in the completed itinerary plus additional letters of intended employment. My household is in New York. I am still here. Am I illegal now? Is there a grace period?

    Answer

    As long as you had filed your extension application before expiration of the current status, you are not illegal as long as the case is pending. You are in authorized period of stay.

    Tuesday, March 5, 2013 - 01:11

    L-1A to EB-1

    Question

    I am on L-1A (been about 4 years) from company A and in closing stages of getting a very good offer from company B. Both A & B are global corporations. For company A, I oversee business across continents (Both North America & Latin America). Company B is very keen on having me on board.
    1. What are all the possible options on visa front so that I can join company B?

    2. What is the quickest option that can help me get on to company B?

    3. If I want GC, can company B file for it when am still on payroll of company A - if so, can it be EB-1?

    Answer

    Since A and B are not related, H-1B is the only obvious option to join B. B can start your green card even before you join, but it will not be EB1 (international manager/exec.).

    Wednesday, January 23, 2013 - 02:38

    Evaluation Required for Non-U.S. Education Credentials

    Question

    What kind of evaluation do I need for my non-U.S. education credentials?

    Answer

    The evaluation should be done by a professor in the related field of employment.

    Wednesday, January 23, 2013 - 02:36

    Export Control Regulations

    Question

    Where can I obtain additional information about the export control regulations?

    Answer

    DOC’s Bureau of Industry and Security (BIS) administers the Commerce Control List (CCL) and is responsible for issuing licenses under the EAR. Information about EAR and how to apply for a license from BIS can be found at www.bis.doc.gov. Specific information about EAR’s requirements pertaining to the release of controlled technology can be found at 
    www.bis.doc.gov/deemedexports.

    DOS’s Directorate of Defense Trade Controls (DDTC) administers the U.S. Munitions List (USML) and is responsible for issuing licenses under the ITAR. Information about the ITAR and how to apply for a license from DDTC can be found at www.pmddtc.state.gov. Specific information about the ITAR’s requirements pertaining to the release of controlled technical data can be found at
    www.pmddtc.state.gov/faqs/license_foreignpersons.html.

    Wednesday, January 23, 2013 - 02:33

    Form I-129 and Denial of Petition Based on License

    Question

    Will a petition be denied if an export control license is required but has not been obtained prior to filing the petition?

    Answer

    No. USCIS will not deny the petition on the basis that a license is required but has not been obtained prior to the filing of the petition. However, the certification on Form I-129 includes a statement that the petitioner will prevent access to the controlled technology or technical data until and unless the petitioner has received the required license or other authorization to release it to the beneficiary. Failure to do so, where required under applicable law, may constitute a basis for revocation of the Form I-129 petition.

    Wednesday, January 23, 2013 - 02:27

    Form I-129 and Copy of the Export Control License

    Question

    Regarding Part 6 of Form I-129, does USCIS require a copy of the export control license if one is necessary?

    Answer

    No. At this time, USCIS does not require a copy of the export control license as part of the nonimmigrant visa petition process.

    Wednesday, December 5, 2012 - 01:06

    Supervisory CBP Officer initiated to have the cancellation reviewed

    Question

    For a CBP port of entry, what is the procedure available to seek supervisory review of an officer’s refusal to admit a visitor due to the period of time he or she was previously present in the U.S.?

    Answer

    U.S. Customs and Border Patrol (CBP) indicates that, in instances in which an officer refuses to admit a visitor due to the period of time he/she was previously present in the U.S., the applicant can ask to speak to the Supervisory CBP Officer who is assigned to the area in which the inspection took place. Such refusal would definitely result in a visa cancellation taking place, in which case an inquiry with the Special Cases Office could be initiated in order to have the cancellation reviewed.

    Monday, November 19, 2012 - 10:40

    Electronic Immigration System Eligibility

    Question

    Can I use ELIS (Electronic Immigration System) to file an extension of status for my H-4 dependents?

    Answer

    Please refer to the following for classifications that are eligible to use ELIS: http://www.uscis.gov/uscis-elis

    Tuesday, November 13, 2012 - 06:18

    O Visa Applicant Applying for Green Card

    Question

    I have an O-1 visa. Can I apply for a Green Card?

    Answer

    You may be able to apply for a Green Card if you meet the requirements of EB-1 (Aliens with Extraordinary Ability) based upon a job offer, or if a family-based possibility exists.

    Tuesday, November 13, 2012 - 06:11

    Prevailing Wage

    Question

    Rather than requiring that the full survey methodology be submitted with every prevailing wage request, can DOL recognize that certain surveys (i.e., Towers Watson, Radford, CHIPS One) employ a statistically valid methodology, and only require documentation that supports the specific wage request, such as the wage, level, location, and job description for the requested job opportunity?

    Answer

    Methodology can change within a survey among different occupations, so it is necessary for DOL to receive full survey methodology with each prevailing wage request, even for a commonly used alternate wage survey.

    Tuesday, November 13, 2012 - 01:28

    H-1B petition and Quota

    Question

    I am in the US in F-1 status. I just received a job offer and the company is ready to sponsor my H-1B. When can we apply for my H-1B visa?

    Answer

    If the employer is exempt from the quota, they may apply at any time. If they are subject to the quota, they can file the H-1B petition to reach USCIS no earlier than April 1, 2013, with a requested start date of employment no earlier than October 1, 2013.

    Thursday, May 10, 2012 - 05:28

    F-2 to H-4 Visa

    Question

    I am on F-2 visa and it is valid up to 1 July 2012. My wife already filed H-1B in Apr 1st week.I am also planning to file my H-1B. So can I directly apply H-1B or fist apply H-4 and then after apply H-1B. How will it work?

    Answer

    If you are subject to H-1 quota, to get status within USA, you must maintain status till September 30. So, it appears you may have to apply for H-4 as well as H-1. Your lawyers can help you figure out the timing. Applying for H-4 now should not be an issue. But move quickly. You can file for H-4 online. Fairly easy.

    Monday, January 23, 2012 - 22:02

    Two-year home residency requirement

    Question

    Can I obtain an F-1 if I have a two-year home residency requirement on my earlier J-?

    Answer

    Yes.  F visa is NOT forbidden.  But you will not be able to get an H-1, L-1 or green card unless you address the HRR through compliance or waiver.

    Wednesday, January 18, 2012 - 22:44

    Nonimmigrant waiver

    Question

    I recently abandoned the US for Canada. I had been living in the US illegally for 15 years (since the age of 11). I got an opportunity to conduct biological research at the University of Alberta, AB, and Canada. I'm fully funded to live in Canada by the institution. Anyway, I would like to return to the US in 2013 for my 10 year high school reunion. I would like to know how likely I would be to get a tourist visa given my recent history. I have no intentions of staying in the US, just visiting. Am I automatically banned?

    Answer

    Look into a 212(d)(3) waiver, which should allow you an entry. Ask CBP at the border how much time they need to process the waiver (usually a few weeks).

    Friday, November 18, 2011 - 05:53

    L-2 visa and EAD processing

    Question

    I am in USA on L2 visa and I intend to start interviewing/ working immediately. For the EAD application, do I have to apply it before I interview or does the employer apply on my behalf once they make an offer? What are the processing times for EAD? I still haven't got my SSN but have scheduled the appointment for SSN. Should I apply for EAD after the SSN is approved or soon after SSN application?

    Answer

    You should apply (not the employer) for the EAD ASAP. Processing times are on USCIS web site.

    Tuesday, November 15, 2011 - 03:04

    L-2 visa application for spouse

    Question

    I’m applying L2 for my wife. She is working in India and she is coming here on vacation. Do I need to mention her working details while filling L2? Or shall I mention saying that she is not working?

    Answer

     Tell the truth. I see no reason why you need to worry. An L-2 is permission, not an obligation. She can come and leave as she pleases.

    Tuesday, November 15, 2011 - 02:57

    Multiple entries for UK Citizens

    Question

    I am a US citizen - my partner is a citizen of the UK (we are not married). He is a consultant in the international development field so travels frequently, but often visits me in the US when he is not working. He has been to the US for visits of 2-3 weeks duration about 6 times in the last year. The past few times, immigration has hassled him about the number of visits he is making. We are concerned that one of these times he may be refused entry - is this likely?

    Answer

    He can be denied entry. UK citizens have the same options to work in USA as the rest of the world; typically H-1, L-1, E-1 and E-2 visas.

    Friday, November 4, 2011 - 04:19

    I-94 Extension Time

    Question

    I have a L1-A VISA through company Blanket. I have visa up to 2013. But my blanket expires in 2011-dec. I got I-94 up to Dec-2011. I have already applied for I-94 extension. How long will it take?

    Answer

    It can take a few months. You can apply for premium processing even when the case is filed and pending.

    Monday, October 24, 2011 - 09:18

    L-1 Blanket petition

    Question

    I have an L-1 Blanket petition and I traveled to US for one week and used that VISA. Part of my job, I need to work in one of our offices outside USA for a year, but will just have to go to US for one week every 2 months. Will that affect my visa since I would not be fulltime working in US? I have M entries in my L-1.

    Answer

    As long as you work full time and on the job described in your L-1B while you are INSIDE USA, it does not matter how long you stay outside USA.

    Tuesday, October 18, 2011 - 07:52

    Canadian with J-2 visa

    Question

    I am a Canadian with J2 visa. I am an engineer and want to work in US to keep up with my career. I am going to apply for EAD. If I don't get, can I switch from J2 to TN. Can my kids still stay on J2?

    Answer

    You can switch back to TN from J-2. What you do has no effect on the children. They derive their status directly from your J-1 spouse.

    Wednesday, October 12, 2011 - 05:13

    Visa Stamp

    Question

    I am planning to go home (outside US) for a month vacation this coming Dec. I have a visa stamp from my PREVIOUS employer that will expire on March 15, 2012.
    1. Do I still need to go to the US embassy in my home country (where I am going for a vacation) since I have a new employer?
    2. Could I use the visa stamp from my previous employer and present it to my point of entry?
    3. Let's say I did not move to another employer, is there a time line when I can still use the visa stamp when I leave&go back to US(like for example, mine is nearing the expiration)?

    Answer

    1. In your situation, the same visa stamp is good for any employer as long as you have not been out of status even for a day while in USA.
    2. Yes.
    3. Visa can be used as long as it is valid.

    Monday, September 19, 2011 - 05:11

    J-2 holders and work authorization

    Question

    Can I use my J-2 visa for internship and work after completion of FPGEE?

    Answer

    J-2 holders can get work authorization and work as per the licensing requirements of their profession.

    Monday, September 19, 2011 - 05:01

    Out of F-1 visa status

    Question

    I just found out a couple of days back by my international advisor that I was out of status for two years now for taking classes in a community and transferring credits and it made me a part time student..He suggested I left the country after the semester and come back with the new I-20 and letter of recommendation he gives me. And I also I have been married to a US citizen for 2 months. Is it safe to go out of the country?

    Answer

    You can just apply for your green card. Do not travel outside USA until you get your green card (or travel only as advised by your lawyers).

    Tuesday, September 13, 2011 - 06:01

    J-2 to TN

    Question

    I am Canadian citizen & currently working on TN visa. My spouse is on J1 visa. I want to switch to J2 and get EAD. After couple of years he will apply for waiver and will move to H1. I believe I will be switched to H2 automatically as his dependant and my EAD will be void. Will that be possible at that time that I can switch back to my TN status?

    Answer

    You can switch back to TN. To correct slightly, you do not automatically get switched to an H-4 (not H-2).

    Tuesday, September 6, 2011 - 04:00

    Stopping at USA

    Question

    I am working in a Federal Gov't Agency, and in the near future leaving for Frankfurt, Germany, for a conference, and with a plan in mind to fly to USA via Germany after my conference is completed. My question, here, is that whether I can use my US visa, which is valid up to Apr 06/2012, whereas the passport has already expired by last May 23/2011, and due to be replaced by a new one.

    Answer

    You will need an unexpired passport to enter USA. People in your situation carry both the new and the old passports.

    Monday, July 11, 2011 - 05:52

    Visa for family to visit brother

    Question

    I have a brother here in US who is diagnosed with cancer. I would like my mom and brother who live in India to come and visit him. What type of visa should they apply for in India and how long will it take? On which visa can they come as soon as possible.

    Answer

    Tourist visa seems to be appropriate. Times vary by consulate and are usually very short -- often visa is issued the same day an application is made. You can also get an appointment for emergent reasons.

    Wednesday, June 29, 2011 - 01:27

    Working Visa

    Question

    My fiance is from Pakistan, currently working in Kenya.He has done IT and Web-design. He is willing to work in the United States, Is it possible to get the visa?

    Answer

    It is possible if he has the relevant degrees and has a job in his field in USA. The most commonly used visa for professional workers is an H-1B visa.

    Thursday, May 19, 2011 - 00:05

    H-4 Visa and Status Validity

    Question

    My husband has changed his job and his H1-B is being transferred. I am on H4 visa with valid stamp till 04/30/2012

    My questions :
    1. Do I have to also apply with him for H4 transfer ? Or should I be able to contd on valid status as my current H4 visa is valid ?
    2. If I have to travel out of the country , can I travel with my current H4 visa stamp ? or should I have to re-stamp it with my husband's new I-797 for new company ?

    Answer

    Your current H-4 status and visa remains valid and can be used for travel. Each time, your husband changes jobs, you do not have to apply for H-4 until the time the H-4 is about to expire.

    Wednesday, February 2, 2011 - 02:57

    Pharmacist visa for FPGEE

    Question

    I have plans of taking the FOREIGN PHARMACY EQUIVALENCY EXAM (FPGEE), I am from the Philippines what kind of visa should I apply for?

    Answer

    You will apply for B visa (B-1/B-2).

    Tuesday, January 4, 2011 - 01:48

    B-2 visa

    Question

    I'm a non-married Iranian citizen who’s my first-degree family members are US citizens, currently residing in USA. During last several years I've been rejected every time I requested for a US visa (both F and J).
    Now, I am qualified to become a Canadian PR through the skilled-worker program. The visa is issued and I will be soon landing in Canada. I was wondering if my chances for getting a B-2 visa to visit my family will be any better once I'm a registered Canadian resident. Is it wise to ask for a visa once I get my PR card?

    Answer

    I think if you wait till you have a steady job and roots in Canada, and then apply to visit USA, you should have a better chance.

    Thursday, December 16, 2010 - 02:28

    H1B interview travel cost reimbursement

    Question

    I am currently on H-1 and interviewing with another company. The interview involved air travel within the US and staying at a hotel. Is anything wrong with my prospective employer reimbursing the air travel and hotel costs and also providing reasonable allowance (for covering food) for the days of my stay? Would receiving a cost reimbursement check from the prospective employer invalidate and/or interfere with my current H1 visa status?

    Answer

    Interesting issue. I do not believe there is any law covering this situation, but in my view out of pocket expense reimbursement including food is acceptable and is not a violation of H-1 status.

    Wednesday, December 15, 2010 - 01:50

    J-1 Waiver Pending

    Question

    I applied for my waiver in Aug 09 from the US and sent completed DS 3035 to the Waiver Review Div. in St. Louis, MO and Indian Embassy in DC. I returned to India in Sept 09.I have not had any updates since then. I would like to know (1) If I have missed any steps and if that is the reason why my waiver status remains unchanged (2) If I HAVE TO and can still apply for the NORI and obtain my waiver since I already have my case number and barcode (3) If I apply for the NORI from India, where do I send the Statement and Affidavit for attestation? (4)Are there any additional steps for waiver from India?

    Answer

    Contact the Waiver Review branch in USDOS first. Figure out what is going on with your pending case. You cannot apply for more than one type of waiver at the same time.

    Friday, December 10, 2010 - 04:27

    J-2 visa and I-275

    Question

    My spouse is J-1 and is in US and I want to apply for J-2 to enter US. But 10years back I was denied entry in US on my B1/B2 Visa with I-275 executed stamp on my passport because in my last stay in US I attended college for a semester on B1/B2 visa. So I need to ask are there chances that I will get a J-2 visa to join my spouse?

    Answer

    It is entirely in the discretion of the consular officer whether or not to give you a J-2 visa. Impossible to predict.

    Tuesday, December 7, 2010 - 02:32

    H1-B to F-1

    Question

    I am currently in US on H1-B and wanting to switch to F-1? How long does this process usually take? Is there an option for adjustment of status or do I have to leave the country to get the F-1 stamp?

    Answer

    If you are maintaining H-1 status on the date your H-1 to F-1 change of status application is received by USCIS, you can apply for H-1 to F-1 change of status within USA. Check with your school. They should be able to guide you.

    Friday, December 3, 2010 - 06:04

    H1 Renewal Denial/I 94 expired

    Question

    My H1 visa and I94 expired on 30th sept’10; we filed for a renewal but got an RFE in about 10 days for client letter. Replied to the RFE with client letter on October 29th, got visa denial on November 10th as client letter had project end date of 11/5. Current lawyer says I am ok to stay here 180 days from visa expiry, currently looking for new project with client letter to file for new H1 B visa and then go to India to get stamping and reenter. Am I ok to be here in the country or should I leave immediately? Will stamping and reentry be a problem? Is filing with the same company a good idea?

    Answer

    In my view that is bad legal advice. You are deportable the day your H-1 is denied. I advise our clients to make plans for leaving ASAP.

    Wednesday, December 1, 2010 - 00:09

    L-1 visa from an affiliate

    Question

    I worked as Dept. Director at a Spanish Hotel from Jan 08-Jul 09. My employment was in the Hotel full-time, but was hired/paid through a consulting firm they employed (and still employ) to manage the operations of that department. I have now been offered a position (Dec 2010) in a similar Managerial/Director job within the Hotel's parent company in the USA but I have not got a US work permit, (I am Spanish). Can I qualify for the L1-blanket visa of the Company, based on my history with their consultant? Do I need to be employed by Hotel in Spain again prior to applying for the L1 visa?

    Answer

    Interesting situation. Not having researched this issue, I am guessing, the only way you can qualify for the L-1 is if you can establish that the hotel in Spain was your "true" employer in that they controlled you, even though your salary was paid by the consulting company.

    Tuesday, November 30, 2010 - 23:46

    Can I petition my Fiancé

    Question

    How can I bring my fiancé to United States, can I apply for him by green card? I am not still a citizen.

    Answer

    There is no fiance visa for non-citizens, but look into the waiting times for spouses of green card holders. Those times are pretty good right now.

    Wednesday, November 24, 2010 - 01:59

    Wife work permit

    Question

    My company is giving me option of taking a L1 visa or H1B. My wife recently completed a 3 year Bachelors degree in Computer application from India. I want to make sure that she can work once we immigrate to US. Can you suggest what approach should we take? 1) Get myself H1 and then she does a MS from US.
    2) Get a L1 visa and she can find a job in US with her 3 year