Immigration.com

General Nonimmigrant Visa

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

6 years ago By Chief Editor
Question details

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?

FAQ Transcript

1. No because the dates are not current. If your country of birth is India you cannot file them together.

2. No because you can't get I-485 filed.

3. Remember NIW is not bound to a particular job except for physicians. Doctors are different, but NIW for non physician employment is not tied to a particular position you can change jobs as many times as you like as long as you are still working in the area of 'intrinsic merit'  which is the basis of your filing. 

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.

Recording of Free Community Conference Call (Every Other Thursday), Feb 8, 2018

6 years ago By Chief Editor

Immigration.com

Citizenship and Naturalization

Nonimmigrant Visas

Removal, Deportation and Exclusion

Green Card

Substantial transcription for video

Discussion Topics, Thursday 8 February 2018:

FAQ: H-1B or other status denied - what is my status?|| Can I get H4 visa stamping while the H1 to H4 change of status is still pending? ||AC 21 job portability, changing jobs before 180 days || AC 21 job portability, changing jobs before 180 days || National interest waiver (NIW) filing when priority date is not current || Other: Fixing I 20 problems ||L-1A amendment issues ||changing from H-1B to F1 ||Reentry permit and N-470 || multiple H-1B filings for the lottery/quota ||returning back to old H-1B employer if H-1B transfer is denied ||Impact of terminated deportation proceedings, logistics ||impact of revocation of I 140, EB-1C filing || Entering the United States on H-1B without a job || Client address change, DS160 filing || H-4 EAD and H-1 questions

J-2 Status

6 years ago By Chief Editor
Question details

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).

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.

FAQ Transcript





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.

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

6 years ago By Chief Editor
Question details

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?

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. 

FAQ Transcript





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.

USCIS Will Email Notifications to H-2A Petitioners, Use Pre-Paid Mailers to Send Requests for Evidence

6 years ago By Chief Editor

Beginning Jan. 22, 2018, USCIS will email notifications of receipt and approval to H-2A (temporary agricultural worker) petitioners who file Form I-129, Petition for a Nonimmigrant Worker. Also starting today, USCIS will use pre-paid mailers provided by H-2A petitioners to send requests for evidence (RFE) if issued in a case.

Recording of Free Community Conference Call (Every Other Thursday), Jan 11, 2018

6 years ago By Chief Editor

Immigration.com

Nonimmigrant Visas

Green Card

Substantial transcription for video

Discussion Topics, Thursday 11 January 2018:

FAQ: Submitting adjustment of status, form I-485, When the applicant is in between projects/not working || H-4 EAD rules change and H-1B extensions rules change || Change in job title after getting a green card approval || Transferring H-1B while an RFE is pending || How to find an accredited university to get Master’s degree to process an EB-2 green card. Other: Wage requirements under the H-1B LCA ||Converting back to H-1B from a compelling circumstances EAD ||Extending H-1B from outside the USA with an approved I-140 || RFE pending delay in an adjustment of status case || Applying for adjustment of status while in authorized period of stay||Status while an H-1B extension spending ||Questions about EB-5 green card through investment/investment visa ||H-1B quota exemption if approved within

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

6 years ago By Chief Editor
Question details

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?

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

Video Transcript

FAQ Transcript





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.

Subscribe to General Nonimmigrant Visa
Law Offices of Rajiv S. Khanna, PC
5225 Wilson Blvd, Arlington, VA 22205
110 W. Johnson St, Suite 213, Staunton, VA 24401

Copyright ©1993-2024, Law Offices of Rajiv S. Khanna, PC. All rights reserved.
IMMIGRATION.COM is a registered trademark of Law Offices of Rajiv S. Khanna, P.C.