Form I-140

Working from Canada on or off H-1B

Question details

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?
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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.
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3. Will doing this have any impact on my H1B Renewal? I would need to go for re-stamping next year in September.

FAQ Transcript





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July 23, Recording of Free Community Conference Call (Every Other Thursday)

Immigration Law

Substantial transcription for video

FAQs: Covid-19/Coronavirus applying for B-2 status || Working from Canada on or off H-1b || How can I qualify for EB-1C/International Managers or Executives ||

OTHER: STEM OPT EAD || Travel on I-539 || AC21 portability || Day trading on H1b (I-140 approved) or on H4? || Can I withdraw the COS to H4 once my H1b is approved? || Green Card expiring, filing I-90? || Disorderly conduct arrest record in the I-485 form || Entry restrictions on visitor visa || Reckless ticket and oath ceremony || Immigration processing delays || Pay on H-4 EAD expiry || Travel to India while the i-539 application is pending ||

Birth certificate problems for parents

Question details

I applied I-130 for my father to get his GC through Consular processing. I'm a US citizen myself. However I got RFE asking for his birth certificate. I have these queries:
The supplemental documents for I-130 for parents as per USCIS application only need US citizen's birth certificate and not the parent's birth certificate. So I don't understand why RFE was issued at this stage?
My father was born in the time when the birth certificates were not available. As per the dept of state reciprocity website, it clearly states:
"Exceptions: Birth certificates are not available to persons born prior to 1968. "
Since it is acknowledged by reciprocity that birth certificates are not available, do I still need to provide NABC (Non-Availability of Birth Certificate)?

FAQ Transcript





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June 25, 2020 Recording of Free Community Conference Call (Every Other Thursday)

Substantial transcription for video

FAQs: Religious Worker Visa, premises still under construction || Students aging out of H-4 || Lawsuit against status denial for CPT users || AC21 portability Supplement J || L-1 and entrepreneurial H-1B || 60 days grace period of H-1B getting over - F-1 option || Need to amend H-1B for remote work from home || Part time H-1B || Doing business on OPT

OTHER: IR5 Green Card traveling separately || H-1B Quota exemption || Reentry Permit obligations || H-1B change of status || CSPA for child of EB-1A petitioner || 212(e) waivers for J-1 holders || I-140 withdrawal || H-4 EAD processing times ||

Implications of the 240 days grace period

Question details

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?

FAQ Transcript





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Covid Coronavirus H-1B employee furlough's impact on green card and H-1B

Question details

I currently have an approved I-140 with my former employer which is past 180 days. I'm on my H1b (exp May 2021) with my current employer, now my current employer has furloughed me for 90 days and asked to return to work after the furlough period. During this time I'll be paid 20% of my salary or could use my PTO (200 Hours). What options do I have to maintain my status during the furlough period? Can I take paid/unpaid leave and go back towork for the same employer or do I need to find a new job?

FAQ Transcript





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EB-1C International Managers/Executive Green Card portability

Question details

1. I work for an MNC, who filed my GC in EB1C, I-140 approved 2 years back, I-485 filed almost 2 years back, completed I-485 interview an year back, also holds a renewed EAD/AP card. My company laid off me recently, so my L1-A will soon get invalid. I got an offer from another company in similar role and responsibilities (SOC code: 113021), so planning to move using AC21 portability. However, my first employer was in e-commerce, whereas new employer in banking domain. So, my new job offer compensation will be 10% less than the salary mentioned in my I-140/I-485 by my current employer.

2. My case is genuine as my current employer is laying off and my role got impacted, with Coronavurus pandemic, it's difficult to find new jobs. Though the roles and responsibilities (role as people manager) will be same, but domain and industry are different and hence, salaries will be different in different industries.

3. Within how months should we file I-485J and what documents do I need to provide to my new employer when joining the company?

4. By the way, my current employer suggested to use AC21 portability to move to any new employer and confirmed that they wont cancel my I-140.

FAQ Transcript





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I-140 revocation

Question details

1. I have my I-140 approved 2 months back and my employer is not ready to share the approval notice, is there any way to get it?

2. I am planning to look out for a job change and will my I-140 still be there if I change my employer or is there any time period I have to be with the employer or can they revoke my I-140??, as I am planning to get EAD for my wife on my I-140.

FAQ Transcript





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April 16, 2020, Recording of Free Community Conference Call (Every Other Thursday)

Substantial transcription for video

April 16 Call, Discussion Topics and FAQs

Applying for tourist, visitors, B-1, B-2 to maintain status || Effect of take over on L-1 || EB-1C International Managers/Executive Green Card portability || I-140 revocation || Aged out disabled children || Losing job after AOS I-485 interview || H1b visa holders during COVID

Canadians living in USA || False claim to US Citizenship || Joint affidavit of support || Expired green card || Impact of NOIR on approved H-1B ||Maintaing H-1B during AOS