Substantial transcription for video: 

Discussion Topics, Thursday, 22 September 2016:
FAQ: Effect of divorce on employment-based immigration; Can a student on F-1 visa apply for a green card? 
Other: Changing jobs after I-140 approval; Gap in H-1 traveling outside USA with I-485 AOS pending; H-1 staying in India and receiving US pay; L-1/H-1 helping parents apply for tourist/visitors visa - medical treatment; Rent/lease problems effect on naturalization/citizenship; Re-entering USA with just a few days remaining on H-1 visa/extension applied; Green card times; Reopening and denial of an H-4/EAD; Working on EAD; H-4 volunteering to gain CPA experience; H-1 visa stamping; H-1 cap exemption; H-1 visa stamping - job titles and salary conflict; I-94 problems; Changing jobs after I-140 approval; H-1B visa stamping; Status problems for a nurse

Substantial transcription for video: 

FAQ: Successor in interest, effect of location change on green card; EB-5 investment-based green card loan, collateral, ownership; How soon can I leave the employer after green card approval; DUI/DWI visa revocation; EB-2 for nurses; What should employees do when employer convicted of visa fraud. 

Other: I-94 expiring- passport duration; Children born within a few days after green card approval; H-1B amendment - change of location or project; H-1B cap exemption; Travel during STEM OPT extension; Opening a non-profit while on H-1; Physician (FMG) using H-4 EAD; H-4 extension; etc.

Guestbook Entry for Nilpa Dutt, United States

Nilpa Dutt 
United States

Thank you so much to all the team members and Mr. Khanna!! I'm beyond excited!!! I don't have enough words to Thank you all but to say you are a great team and EAD approval means a lot to me. Have been waiting for years to be able to work as a Nurse and it's a dream come true.. Nilpa

USCIS Policy Memo on Adjudication of H-1B Petitions for Nursing Occupations

This policy memorandum (PM) provides guidance on the adjudication of H-1B petitions for nursing positions. Specifically, this PM assists U.S. Citizenship and Immigration Services (USCIS) officers in determining whether or not a nursing position meets the definition of a specialty occupation. This PM supersedes any prior guidance on the subject.

Please check the attached document to read USCIS Policy memo. 
Team Notes: 
Nonimmigrant Visas: 

Can An Associate Degree Qualify For RN Based H-1?

Can I qualify for RN based H-1 if I have only an Associate degree in nursing?

The simple answer is, no, unless you also have 6 years of professional experience. Also note, not all RN's can qualify for an H-1.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on

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EB-2 eligibility

I have Bachelor of science in nursing with 10 years of progressive experience (8 yrs in my home country then more than 2 yrs here in USA), do I qualify for EB2? What are the chances to get approved? If the company will file for concurrent filing of I-140 and I-485; will they give me working permit or EAD within 60 days though I-140 under EB2 category is still pending?

If your job requires BS + 5 years experience and you meet the requirements, EB2 is a possibility. Assuming you are born in a country for which the EB2 priority dates are current, you should get an EAD while the 140 and AOS are still pending.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on

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