We are looking at various measures of safety and expense control. First and foremost everyone is working from home for their on safety and wellness. For expense control one idea that we were discussing was a potential pay rate reduction for a short period of time.
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.
I recently got approval for Work From Home, from my client. So my work location will be my home. My H1B Amendment is filed. Because of situation, I have to change my home i.e work location, within same MSA. Also, if we can change the house, just updating AR-11 will suffice?
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.
I currently have an approved I-140 with my former employer which is past 180 days. I'm on my H1b (exp May 2021) with my current employer, now my current employer has furloughed me for 90 days and asked to return to work after the furlough period. During this time I'll be paid 20% of my salary or could use my PTO (200 Hours). What options do I have to maintain my status during the furlough period? Can I take paid/unpaid leave and go back towork for the same employer or do I need to find a new job?
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.
My parents are here in US on B1/B2 visitor visa and their I-94 expires on June 5th. With the current Covid Situation, I feel it's risky to send older parents back to India. I would like to know if I can apply for extension of stay based on this situation? USCIS will consider this kind of pandemic situation in to account for extension? If I can apply extension how soon I should do and how long I can extend ( can do 6 months)?
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.
I had my EB2 Interview last week it went good. I did submit my offer letter and my paystubs. I am still waiting to hear back from USCIS regarding the next steps. If I end up losing my job what happens in that event? I am working with my current employer on EAD and I dont have an active H1B. Its very difficult to find another job in the current situation, since I have already submitted an offer letter will they require any other confirmation before approving?
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.
I lost job and my last date of employment with the employer is March 20, 2020. This employer sponsored H1B and also had ported GC AOS in 2018.:
1. After my last date of employment (March 20, 2020), how much time do I have to transfer H1B and I-487 to a new employer?
2. Will losing the job affect the EAD renewal in processing?
3. How would it affect I-487 application, which can become current any time soon?
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.
1. Is H-1B visa holder eligible for unemployment only if laid off or even furloughed? if yes, how do we know that we are eligible?
2. Where can I check my i-94 expiration date?
3. If I now have to change from H1 to B2 due to furlough, and if I have to return back to work later with the same employer, should i have to go out of the country to change back to H1?
4. What are the effects to my H1b if I have to chose using PTO or unpaid leave or combination of both, or if I have to work just 20hrs/week?
5. If I have to apply for a H4 and an EAD, do both of them get approved at the same time? I am asking this because I wanted to know if there could be a gap in my employment after I switch from H1 to H4 waiting for EAD.
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.
I am a Manager of a resourcing company in India working for more than 2 years in the same company. Recently, a US company acquired us. Can the US company apply a L1A visa for me and subsequently a green card in EB1-C category?
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.
1. I have my I-140 approved 2 months back and my employer is not ready to share the approval notice, is there any way to get it?
2. I am planning to look out for a job change and will my I-140 still be there if I change my employer or is there any time period I have to be with the employer or can they revoke my I-140??, as I am planning to get EAD for my wife on my I-140.
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.
I graduated from UCLA in December 2019 and my OPT started on February 10th. I was supposed to start working on March 30 in Los Angeles and I was scheduled to travel back to US from India on 28th March. But due to the travel restrictions, my flight got cancelled and I am unable to travel back. When my employer found out about this, they pushed my start date ahead to end of April because I am not physically present in the US (they mentioned immigration laws don’t allow them to let someone start work overseas). I am now scheduled to travel at the end of April to be able to start work else I will run out of my 90 non working days leading to expiry of my visa.
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.
Spoken to the current employer's attorney on Tourist visa , they replied its not a correct path moreover it takes much proofs to tell USCIS i was on H1b working for employer and then changing to visitors and then after certain period of time when i find a project, changing it back (i.e applying) to h1 makes this case more complex.
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.
1. I work for an MNC, who filed my GC in EB1C, I-140 approved 2 years back, I-485 filed almost 2 years back, completed I-485 interview an year back, also holds a renewed EAD/AP card. My company laid off me recently, so my L1-A will soon get invalid. I got an offer from another company in similar role and responsibilities (SOC code: 113021), so planning to move using AC21 portability. However, my first employer was in e-commerce, whereas new employer in banking domain. So, my new job offer compensation will be 10% less than the salary mentioned in my I-140/I-485 by my current employer.
2. My case is genuine as my current employer is laying off and my role got impacted, with Coronavurus pandemic, it's difficult to find new jobs. Though the roles and responsibilities (role as people manager) will be same, but domain and industry are different and hence, salaries will be different in different industries.
3. Within how months should we file I-485J and what documents do I need to provide to my new employer when joining the company?
4. By the way, my current employer suggested to use AC21 portability to move to any new employer and confirmed that they wont cancel my I-140.
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.
Our association, AILA, has filed a lawsuit against the USCIS today requesting the court to order the USCIS to freeze all immigration deadlines for:
Initial applications
Responses to all Requests for Evidence or other responses due on or after March 1, 2020
Requests for extension of status, maintenance of status
Reprieve from any expiration of status or employment authorization;
Maintaining the status quo for purposes of eligibility for protection from removal, work authorization,
Updates Align with Board of Immigration Appeals Decision and Statute
Department to Temporarily Amend Certain H-2A Requirements During COVID-19 National Emergency
The Department of Homeland Security (DHS) recognizes that there are immigration-related challenges as a direct result of the coronavirus (COVID-19) pandemic. USCIS continues to carefully analyze these issues and to leverage the resources to effectively address these challenges within USCIS's existing authorities.
WASHINGTON — U.S. Citizenship and Immigration Services today announced that H-1B cap-subject petitions for fiscal year (FY) 2021, including those petitions eligible for the advanced degree exemption, may now be filed with USCIS if based on a valid selected registration.
Discussion Topics, Thursday, 2 April 2020
FAQs related to Covid Caronavirus:
Loss of job while in AOS I-485 period || Question from Employers about Payroll for H-1B and others L-1, E, etc. employees || Extension of B-1-B2 (tourist visas or business visas) ||
H-1B employee furlough's impact on green card and H-1B || Converting to B-1 B-2 status || H-1B denial || Changing H-1B home office location ||
Other FAQs: Accepting Unemployment Payments on nonimmigrant visas (H-1B, L-1, E visas, etc.) and/or on green card || Applying for green card for parents who are visiting/in the USA || H-1B lottery winner employee change of employers
April 16 Call, Discussion Topics and FAQs
Applying for tourist, visitors, B-1, B-2 to maintain status || Effect of take over on L-1 || EB-1C International Managers/Executive Green Card portability || I-140 revocation || Aged out disabled children || Losing job after AOS I-485 interview || H1b visa holders during COVID
Canadians living in USA || False claim to US Citizenship || Joint affidavit of support || Expired green card || Impact of NOIR on approved H-1B ||Maintaing H-1B during AOS
FAQs:
-B-1/B-2 visitors visa extension
-Effect of immigration proclamation/executive order on green cards
-H-1B furlough or temporary lay off
-Implications of the 240 days grace period
-I-485 pending laid off/AC21/Supplement J
Other topics of discussion:
-Public charge rule
-H-1-H4-H4 EAD extension concurrently
I am reporting here comments from and my responses to a member of our community, "Julissa," regarding whether or how she could apply for a green card herself if she has a Master's degree. Do note, if a set of new immigration laws gets passed, all this could change.
WASHINGTON—Secretary of Homeland Security Janet Napolitano, Secretary of the Treasury Jacob J. Lew, White House Chief of Staff Denis McDonough and U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas will help USCIS celebrate our nation’s 237th birthday as the agency welcomes more than 7,800 new citizens during more than 100 naturalization ceremonies across the country and overseas from July 1 to July 5.
Statement from Secretary of Homeland Security Janet Napolitano:
Immigration Reform 2013 Status
I wanted to give you quick overview of where we are as of today in the immigration reform effort. As you know the comprehensive immigration bill labeled S.744 was passed by Senate, and the voting in the Senate reflected what kind of support there is generally amongst the two parties (Senate and House of Republicans (House)) for this reform effort.
The composition of the Senate is currently 54 Democrats, one Independent and 45 Republicans. A total of 100 Senators. When the bill was voted upon, it was passed 68 to32. All Democrats voted for it, one Independent voted for it, but only 13 Republicans in the Senate voted for the bill. So less than one third (of Republicans voted for passage). This means that Democrats overwhelmingly support the reform, the immigration bill S. 744. But Republicans are not by any means, or in any way shape or form overwhelmingly or even in a majority in favor of the reform as it was proposed.
So, now bill has been passed the Senate. 68 to 32. It’s a good margin, but the problem situation in the House is totally different. The politics of the situation is that the Latino, Hispanic vote is becoming in proportion much larger. It is exponentially expanding. The Republicans leaders rightly believe that they must curry favor or must be considered a friend to the Hispanic industry of immigration. A lot of Republicans also believe that they have no incentive to pass an amnesty bill. One thing I would say that as far as reform of the legal immigration is concerned I don't think we have too much controversy about that. Both parties agreed that certain things need to be done, like we need skilled immigration professional. Special provisions for PhDs, physicians, people who have Master’s degrees, people with STEM degrees. We need all that and some way to remove the backlog, which is horrendous for many countries. For instance, India has nine to ten years of backlog waiting for a Green Card. So there is consensus among both parties on legal immigration. It is the amnesty part, the enforcement and border protection, which are the key areas of disagreement.
If you look on the Republicans composition, only 24 out of 234 House Republicans represent districts that have any appreciable numbers of Hispanic voters, more than 25 percent. So, only 24 out of 234. Where is the incentive for them to pass an immigration bill with amnesty? In fact, many of the Republicans come from districts that actually oppose amnesty. Republican Chairman of the House Judiciary Committee Bob Goodlatte (R-VA) was speaking in Lynchburg, Virginia yesterday and passions were really running high against the amnesty.
So in the House even if Democrats all get together, the problem is how do we move the reform forward. House is controlled by Republicans, 234 to 201. House Speaker, John Boehner (R-OH) has said that he won't bring the Senate bill up for a vote if he does not have the support of a majority of the House Republicans (known as Hastert Rule). He says, I will not even allow this Senate bill to be voted on in the House unless a majority of House Republicans support the bill. And if we look at the cross-section of the voting that occurred in Senate, less than one third of Republicans support. It’s not good sign to get that kind of support.
So, it appears at least at this stage that the Senate bill will have very tough time going through the House as today’s politics stand.
What are the options?
Four obvious options, the fourth option is very unlikely, which is House leadership brings up the the Senate bill up for vote.
There are four options, but again it’s important to understand what happens if there are two separate bills addressing some of the same areas or all of the same areas, and there are controversies among those bills, then it goes into something called “conference”. When we get into conference, the idea is representatives from Senate and the representative from House will meet together and they will iron out their differences. A lot of times if you want to effect the Senate bill, all you have to do is pass something in the House and then it goes into the conference where you can work on one bill or the other, agree, negotiate and then take the negotiated version back to both chambers for voting Senate and House. So, option number one is House passes its own bill or bills. Actually, here we are talking about comprehensive, some kind of comprehensive set of bills, then it goes for conference. Option two, the House passes any bill, it does not have to be comprehensive bill, something that effects or contradicts the Senate version again we go into conference.
Another interesting option and normally this would not be a really good option but here may be worth considering. I doubt it, but I am not a political pundit just a lawyer. House can actually vote on the Senate bill without the House Speaker’s support. If 218 house members vote for a discharge petition, which means we don’t care what the Speaker says, we are going to vote on this bill anyway. That means House Democrats need 17 votes from Republicans to get a discharge petition and vote on the Senate bill.
So, what are the four options again:
1. Comprehensive bill by House;
2. Any bill by House;
3. Discharge petition; and
4. House leadership brings up the Senate bill to vote which is unlikely.
Let us talk about a comprehensive bill. House had its own “Gang of Eight” people working on a comprehensive immigration bill. Their focus was a lot more on enforcement, on border security, etc. But then one of the Congressman, Raul Labrador (R-ID), quit. The now “Gang of Seven” still might produce a comprehensive House bill. If such a bill is produced, we will get into conference, negotiate and then finally vote on the negotiated bill. So number one is Comprehensive bill.
Number two is any bill. As I mentioned Rep. Goodlatte from Virginia, the Chairman of the House Judiciary Committee, has produced a series of immigration related bills. House Democrats do not like it because it’s a piecemeal approach and there are all kinds of very extreme positions taken by Bob Goodlatte that House Democrats feel are inimical or enemies of immigration reform. But one of the ways, this series of bills, could be just a device to force matters into conference. If any of these bills pass in the Republican controlled House, then we will all get into conference anyway, where we can negotiate based upon the Senate version of the bill and make changes to it and then go back with the compromise. So the passage of a series of extreme bills could be a way to force matter into conference.
Option three is a discharge petition. Discharge petition normally its considered to be very bad form. If a Republican votes for a discharge petition it’s disloyal, it’s considered to be bad form. But here, Speaker Boehner himself and many other leaders, who are perhaps more in tune with the needs of the time, have said that they want immigration reform. But it looks like there is very strong opposition from certain elements within the Republican Party, which is basically muting some of these more moderate or more aware. I would not call them moderate but more aware members of the Republican Party. So normally a Republican will not vote for a discharge petition, but here who knows. Maybe this is the choice.
The key date to watch is 10th July. On 10th July there will be conference, the House Republican conference, and they meet in the basement of the Capitol to decide how they want to move forward. So that's when we will hear about the final strategy. Once again, right now we don’t know which way House is going to go, but on 10th July we should have better idea of the direction.
All Readers, I quote from my latest msg. to Mr. Rajiv Khanna's office. Please make yourself more aware on your issues by visiting his web-site (and positively contributing to it) and get advice from his office for your particular needs. All cases are NOT the same. Quote Dear Mr Khanna I barely get time to go to your web-site, though I know it is an ocean of information for all those awaiting their immigration process at some stage or the other. Today I happened to spend an hour there and learnt that your Office had done me good!! I live in an area which lacks Indian neighbors and in my Office too, I am the only Indian working in my whole division! Therefore, there is seldom any interaction with people who are at a similar stage as me in the Immigration process. When my I-140 was filed, your Legal Assistant Nimia Aranibar informed me of the CP option. Though I might have surprised her with my lack of knowledge on this process, she explained the process to me and answered my doubts. And she did as I opted for. No suggestions or implications or other discussion. She was very professional in giving me the information and in answering my questions on the issue. She even understood my concerns with the CP process and offered to clarify my doubts and suggested the recourse to this choice if I needed a recourse at a later date. After reading the chat-site on your web-site, I now realise that the lady was giving me good information at the right time. There are so many people on the web who feel have been un-informed of this process. I, on the contrary, have got the right information from your office and am very happy about this. Thank you and best regards Prateek Rishi Nimia, reading in copy, thank you very much for the time taken to explain me the two processes.