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

Immigration.com

Substantial transcription for video

Discussion Topics, Thursday 8 March 2018:

FAQ: Change of status to student F-1 while green card is in process || H-4 EAD termination and converting to H-1B ||If H-1B transfer is denied, can go back to my old employer? || When does AC21 job portability begin? || Can H-1B be extended through a new employer while the I-140 is in process? || Which jobs can qualify for an H-1B visa? || EB-1C for functional managers - overseas team inclusion || The 180 rule for priority dates/H-1B extension || Leave without pay for H-1B / Status

Other: When is an H-1B amendment required? || Errors in H-1B, amendment || L-1A working in multiple countries || Extensions of OPT when there are accreditation issues with college || I-140 approved changing jobs; no pay stubs applying for H-1B || Status of H-4 if H-1 is rejected || H-1B transfer issues where old H-1 revoked || Concurrent H-1B || Duration of H-1B based upon project duration varying through different vendors in the chain of contracts ||

Form N-470

Question details

You stated : "The Form N-470 must be filed before the person departs from the United States except religious workers who may apply before or after departure, or after return to the United States. The religious workers are not required to have lived in the United States for a specific period of time prior to the filing of N-470. Similar exception is granted to alien members of the U.S. Armed Forces. In such cases the LPR employee who filed N-470 is considered physically present in the US during such employment abroad and does not need a reentry permit."<br>
Does that mean a religious worker does not have to spend a full one uninterrupted year of physical presence in the US? If a religious worker can apply any time and once approved, all time spent outside of the US will be counted towards his naturalization qualification, it means that religious worker doesn't need to be physically present for a full year at any time prior to applying for his/her citizenship, correct?

The law says:

1. Generally, you must have been physically present and residing in the United States for an uninterrupted period, without any absences, for at least one year after your admission as a lawful permanent resident before you can file Form N-470.

2. You do not have to be in the United States to file Form N-470, but you must file it before you have been absent from the United States for a continuous period of one year.

 

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.

International Travel as a Permanent Resident

Question details

1. What documents do I need to travel outside the United States?<br>
2. What documents do I need to present to reenter the United States?<br>
3. Does travel outside the United States affect my permanent resident status?<br>
4. What if my trip abroad will last longer than 1 year?<br>
5. What if I lose my green card or reentry permit or it is stolen or destroyed while I am temporarily traveling outside of the United States?

1. In general, you will need to present a passport from your country of citizenship or your refugee travel document to travel to a foreign country.  In addition, the foreign country may have additional entry/exit requirements (such as a visa).  For information on foreign entry and exit requirements, see the De

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.

Reciprocity: What's New?

Nonimmigrant visa applicants from certain countries/areas of authority may be required to pay a visa issuance fee after their application is approved. These fees are based on the principle of  reciprocity:  when a foreign government imposes fees on U.S. citizens for certain types of visas, the United States will impose a reciprocal fee on citizens of that country/area of authority for similar types of visas. 

I-130 Application For Mother and Father

Question details

I would like to apply for green card for my mother and father. am a US citizen, they will be coming to US in next month on tourist visa. How long will I have to wait (day/months) after they land in US, before I can file for their green card.? Also, if law changes for so called "chain migration", can that law be retroactive for applications in the que? Any comments on that would be appreciated.

Your parents must not have a preconceived intention to file for a green card. I have covered this issue in a bunch of our frequently asked questions. Please take a look. In the USA, ex post facto laws are considered to be unconstitutional.

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.

EB1-A

Question details

I'm on H1B visa for very long time working for Company A. I have founded a start-up company B while in H1B, and invested in it to launch 4 free Apps in the market. My spouse is having H4 EAD, and I hired her as Director to oversee the business, bank account etc. These Apps are very innovative and globally received lot of recognition. Now I have plenty of Media reports based on my Apps. I also wrote Innovative Articles that are accepted by Science and Engineering Journals about these inventions. I have 4+ qualifying criterias for EB1-A. So far I can confirm that I never made a $ out of these Apps or from my investment.<br>

Am I eligible for EB1-A, as I would like to make more more innovative and problem solving Apps, that would create jobs in the market.

EB-1A category requires a two-step analysis: quantitative and qualitative. In the quantitative analysis you must meet 3/10 requirements, or equipment. In the qualitative analysis, which is performed after that, your resume, in an overview, should look like that of a person who is one of the top people in your profession. 

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.