US Immigration Questions

PERM issues for a green card for remote jobs - headquarters

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I am currently on an H-1B visa and working remotely. My h1b petition has two addresses, home (VA) and office (PA). The office headquarters is in NJ.

My employer filled PWD in Mar2022 which got approved in Oct 2022. When I reached out to them for the next step, they mentioned that there were some issues with the previously filled PWD, so they had to refiled my PWD in Jul2022.

Based on my discussion, I came to know that they did not mention the main headquarters address, which is in NJ, and put the address of the PA office, which is in my h1b petition. They said because I am a remote employee, they are supposed to put the address of the headquarters.

Q1: Are we supposed to put the headquarters address when we file GC for a remote job?

Q2: Are we supposed to put the headquarters address when we file h1b for the remote job? Or is any office ok?

 

ANSWER
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FAQ Transcript

In my view if this job is remote it should be advertised nationally and you should put either the corporate headquarters or the principal place of business. You should not put an office where you are not going to work as this could be problematic. Make sure you have a conversation with your lawyers. 

 

Nóte:

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

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

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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
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FAQ Transcript

1. The 365 days requirement is not required.  What you need is one academic year or two if there is a need to change to H-4. 

2. If she has an H-4 stamping already there is no need to go to India. All she has to do is drive to Canada or Mexico and return showing her H-4 visa stamping.

Note: To be eligible to apply for OPT, you must:

  1. Have been in full-time student status for at least one academic year by the requested OPT start date,
  2. Be maintaining F-1 status at the time of applying for OPT, and 
  3. Have not used OPT at the same degree level previously.

 

Nóte:

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

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What happens to H-1B after Green Card approval?

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My last H-1B was recently revoked four months after receiving a Green Card and the company attorney says automatic revocation is a standard practice by USCIS not always followed. But most people I know did not have their H-1B revoked after Green card approval so I am a bit concerned why this happened to my case only.

 

ANSWER
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There is absolutely no need to be concerned. This is by operation of law. But, just to keep matters orderly it is a good policy to send in a revocation notice and that should not be of any concern to you.

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Filing second I140 after 180 days of PERM validity

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I filed my I140 with 180 days after Perm is approved. But after that, the I140 is denied and my Perm is expired. Can I fresh file I140 again the my expired Perm. Thank you.

ANSWER

There may be a typo in your question. If the first I-140 was filed within 180 days of the PERM validity period, the second or subsequent I-140 can be filed outside the 180 days. No problem.

FAQ Transcript

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

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

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7th year H-1B extension with pending PERM

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My H-1B maxout date is Jan 2023. Perm process started in Sept 2021 (prevailing wages). FOr the 7th year extension of H-1B, is the PERM priority date (Aug 2022 for me) considered or the date for when the PWD and recruitment was initiated.

ANSWER
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FAQ Transcript

When you actually file the PERM application (August 2022) you become eligible for a one year extension in August 2023 between January and August. You would not have a status to work unless you have some recapture time left. Needless to say if your PERM gets approved and your I-140 gets approved you can immediately. 

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

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Deportation when a permanent resident is involved in Shoplifting

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My uncle has been a US Permanent Resident since Apr 2021, and recently he got into trouble with Shoplifting Theft (Misdemeanor B). The prosecutor is ready to lower the punishment to Misdemeanor class C theft along with 6 months of unsupervised deferred probation (fine of 99$) with NO CONVICTION. Also, after 2 years, he will have the option for the case to be expunged from the records.

Question: Will this create a legal problem with his current immigration status (LPR), and also, will he face issues after 4-5 years when he is ready to apply for his US citizenship considering the case has been expunged from the records?
 

ANSWER
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FAQ Transcript

These cases do not worry me much as it looks like a  minor offense. Although I recommend you speak with a lawyer who practices deportation defense in the state in which the crime occurred. They would know the local criminal statutes. Also remember expungement has no meaning under immigration law. Even if your record gets expunged and if there is ever a question as to your arrest you have to say yes, because the expungement under immigration law has no meaning.
 

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

Immigration Law

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Volunteer work on an H-1B visa

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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
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FAQ Transcript

I do not see why not. Let the company look into the Fair Labor Standards Act (FLSA), and under the Fair Labor Standards Act there are restrictions on free work being taken by for-profit companies. Non profit companies are a different matter. For-profit companies could have a violation of labor laws if they take free work. That of course is not your problem, that is the company's problem.
 

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

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

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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
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I have known many immediate relatives of the U.S citizens and they have never had a problem. However, theoretically the problem exists. It would be right to do an immigration pre-clearance somewhere close to home.

Regarding your query on medical emergencies, you could tell them that your parents took the medical treatment. As long as there was no government funding I do not see any problem.
 

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

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

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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
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The problem with H-1Bs is that you cannot be working for any other company including your own. The  smart thing would be to let your wife start her own business. She can manage, run and own the business. You could be a passive owner without any active participation. 
 

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

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

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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
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I would strongly recommend against it. I think you would do a lot better trying to get an H-1B Visa stamping in a third country. People are going to places like Singapore, Hong Kong and Maldives. Look around India and you might be able to make an appointment. 
 

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

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