Immigration.com

Regarding H-4 stamping without primary H-1 stamp

2 years ago By Rajiv S. Khanna 2 comments
Question details

Currently we got H-1 and H-4 approved from Sept 2022 -2025. I am on H- and having difficulties in getting dates for visa. My wife on H-4 was able to book a date. If she goes with both the approvals and I am in US and my H-1 is not stamped. Will there be a problem for her in getting her visa stamped?

Consulates have been inconsistent. Many times, they do not stamp an H-4 visa unless the H-1B visa has been stamped. It may be best to email and confirm with the consulate where you are going.

H-1B applying for a job from outside the US

2 years ago By Rajiv S. Khanna
Question details

Hi Rajiv Sir, I am on H-1B visa. But I was laid off. Due to some personal reasons, I need to go to India for 6 months. Can I apply for a job from India? And will the visa still be valid for obtaining work in the US?

You can apply for a job from anywhere. If you are offered a position, you can start working remotely while the new employer applies for your H-1B transfer.

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

2 years ago By Chief Editor 2 comments
Question details

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?

 

FAQ Transcript

1. There is no need to withdraw the application, but if you want to withdraw you will have to send a letter. Even if they leave without getting an advance parole the I-485 is deemed to be abandoned but the I-130 can still go on. You will have to call USCIS to open a customer service request and convert the I-130 to consular processing. Even though the I-485 is abandoned the I-130 is put in the consular processing queue.

2. If they leave before November 30th their visitor visa should not be affected.

Applying for an EB-5 investment green card investing in an IT company while on F-1 student visa; petition requirements; job creation; processing times, etc.

2 years ago By Chief Editor
Question details

Question: My sister has been on F-1 status, currently on OPT and I want to file for her EB5 visa. I will fund her 75% of my money with cash that I earned from W2 and may get an equity loan if needed (total 800K). She wants to open an IT consulting company in Rural Area while on OPT. I have the following questions.

1. Is an IT consulting company a valid investment in terms of USCIS because one attorney mentioned it is not?

2. Does the count of hiring U.S. residents begin after the company is founded or after an I-526 application is filed?

3. How long will it take to get a conditional green card? How about non-conditional?

4. Is it a good idea to file now while on OPT-EAD or wait until she gets H-1B? She has another 2.5 years remaining on OPT.

5. Is it okay to use AP/EAD after she gets it while OPT-EAD? Can she still apply for H-1B after I-1485 is filed?

 

FAQ Transcript

1. Not only should there be an investment that investment should be needed to set up that business.

2. When you file your first set of forms (Form I-526) at that time you provide a business plan and you tell the government that once the I-526 is approved within two years or soon thereafter you  will be able to create ten American jobs. You have about four years to create American jobs.

3.  You can actually look those times up. 

4.This is also complicated because if she gets her H-1B she's allowed to work only for the H1B employer. This should be planned in detail with a lawyer. At least theoretically this is feasible

5. She can still apply for an H-1B after I-485 is filed. It is theoretically possible, at least at the USCIS level but at the consulate level it is a different story.

 

Can a new employer file I-485 using an old employer's I-140?

2 years ago By Chief Editor
Question details

My priority date is April'14 in EB2. My current employer filed an AOS (I-485, I-765 & I-131) using a prior employer I-140 petition. My EAD (I-765)/AP (I-131) was approved a few weeks ago. My current employer didn't submit I-485J while submitting I-485 application. My current employer PERM was submitted a few months ago.

Questions:

1) Is it safe to use the EAD/AP (or) would you recommend staying in H1B until I-485 is approved?

2)  Will this filing be considered to be fraud/misrepresentation (or) Would you recommend withdrawing my I-485 application?

 

FAQ Transcript
  1. When that application itself is illegal or at least improper, I do not see how you can use any component of that with any degree of comfort.  
  2. I would withdraw that I-485. I certainly think it is a bad idea. Even if it is approved, it has no value because it can be revoked at any point of time. 

 

Rule to recapture H-1B unused time (Remainder Option); What if I change professions?

2 years ago By Chief Editor
Question details

I did my Masters in chemical engineering in the US and then worked for an environmental firm in NYC, where my H1B was sponsored. I got my H1B in 2019 (Oct 2019 start date), and then I moved to India in Dec 2020, and it’s been almost 2 yrs here in India.

I have approx. 4.5 yrs remaining on my H1B. My questions are below:

1. Am I eligible to use the H1B remainder option for a different employer under a different field under cap exemption? I want to know if I can work in the business domain and not in the chemical field using the H1B remainder option.

2. Say I find an employer in the US in the business domain who is willing to sponsor me directly? Do I need to apply for a new H1B and go through the April lottery? What are the consequences?

3. Lastly, if I plan to do an MBA, which would be my second master's in the US, is it possible to use the H1B remainder option from my first master's and work in the business domain?

 

FAQ Transcript
  1. Yes, you can.
  1. If you want to work in a different domain that does not stop you from using the remainder option and I see no problem there.
  1. H-1B does not prohibit you from going to school. You could work and go to school at the same time.
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