Guestbook Entry for Prateek Rishi, United States
Name
Prateek Rishi
Country
United States
State
NY
Search
Citizenship for Employees of Consulting Companies who have Projects in Different Cities after Green Card
Question details
My Question is after getting green card and leaving consulting employer after 14 months, when person applies for US Citizenship (8 years after getting green card) can USCIS ( knowing that sponsoring company was consulting) asks for client letter, contracts ( like H-1B documentation ) for the period when employee was working with GC employer( after GC approved) ?
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.
The New Restriction on 12 Months of CPT OPT Combined – – Consequences of H-1B Denial on OPT
Question details
I am currently on F1 visa and working on CPT. My H1 petition was picked in the lottery this year and status changed to RFE 2 weeks ago. I wanted to know if August 9 unlawful presence rule applies in my case i.e; if I get a response for RFE after Feb 4 2019, that completes 180 days.
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.
PERM Processing Times (as of 11/30/2018)
PERM Processing Times (as of 11/30/2018)
Green Card
Immigration Law
USCIS Revises Interview Waiver Guidance for Form I-751
USCIS has issued a policy memorandum (PDF, 115 KB) (PM) providing guidance to USCIS officers on when to consider waiving the interview requirement for Form I-751, Petition
Not Worked for Green Card Sponsoring Company – – Fraud Implication for Naturalization/Citizenship
Question details
In Summary, <br>
* I worked for the same Company from 2004 to 2014 (2004 - 2011 in US on H1B, and 2011-2014 in India)<br>
* BUT, after Green card, I did not work for the Company in US.<br>
* I don't have even a single paycheck from US Company after receiving GC.<br>
* Since then, I have been working in a job with same job description that my GC was filed for.<br>
* All other history is clean. I have two US born children, Always paid taxes on time, no legal cases.<br>
I heard from reliable sources that under current circumstances, my case will be marked as fraud and there is a 99% chance that they will revoke my GC and deport me, as I didn't stay with the employer that sponsored my GC.
<br>
Questions<br>
* Should I be really concerned?<br>
* What are my options?<br>
* I have the option of going back to the same employer now. Does that help?<br>
* If my wife applies for Naturalization instead of me, is that going to be any different?
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.
Workload Transfer Update
USCIS transferred some of the following cases from the Vermont Service Center to the Texas Service Center, Nebraska Service Center, California Service Center, and Potomac Service Center:
USCIS Reaches H-2B Cap for First Half of FY 2019
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) has reached the congressionally mandated H-2B cap for the first half of fiscal year (FY) 2019.
Update To SAVE Password Reset
SAVE continues to implement enhancements to improve your experience and reduce burdensome processes by giving you more self-service options. For example, you’ll soon be able to reset your password automatically instead of contacting SAVE.
Visa Bulletin - January 2019
Visa Bulletin For January 2019
Number 25
Volume X
Agency
Green Card
Immigration Law
Dec 13, 2018 Recording of Free Community Conference Call (Every Other Thursday)
Immigration.com
Nonimmigrant Visas
Green Card
Substantial transcription for video
Discussion Topics:
Marrying a Canadian and bring them to USA || I Apply for a NIW through EB2 || COS to L-1A || Can any company revoke I-140 after 180 days || H-1 transfer || 3 year H-1B extension || Fiance visa || H4 EAD and starting a business || EB3 to EB2 porting of priority dates
When to File Your Adjustment of Status Application for Family-Sponsored or Employment-Based Preference Visas: January 2019
Are you seeking to adjust your status and become a U.S. permanent resident under a family-sponsored or employment-based preference immigrant visa? If you have not yet had a relative or employer file an immigrant visa petition on your behalf, please learn more about the Adjustment of Status Filing Process.
Guestbook Entry for Nikolay S, United States
Name
Nikolay S
Country
United States
State
VA
Comment
I would like to thank Rajiv and Amrita for excellent work with filing for my green card. They are a great team of professionals, were always ready to answer my questions and clarify any concerns. My employment based green card process went very smooth and quick. It just took about a year and a half from process initiation to green card in hand.
Can't thank you enough!
Highly recommend this team for your immigration needs.
Transfer of Priority Date on an I-140 Process
Question details
I had EB-2 I-140 with PD of March 2017 , My EB-1 I-140 is Aug 2018. My attorney has filed for amendment of priority date - How this works , will they open the case again ?
How long will it take to get the amended I-140 with old priority date.
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.
Termination of the Categorical Parole Programs for Certain Individuals Present in the Commonwealth of the Northern Mariana Islands (CNMI)
Effective immediately, the categorical CNMI parole programs are terminated. This affects USCIS parole programs for immediate relatives of U.S.
Effect of L-1A Denial on Approved I-140 Green Card
Question details
I am currently on H-1B , which expires on 20 Jan 2018 , Instead of filing H-1B extension my employer filed for my COS on L-1A , As i meet all the eligibility criteria. I also have my EB-1C I-140 approved , but we cannot file 485 as the dates are not current. My L-1A COS is rejected (Denied) . Will this impact my already approved I-140 ?
FAQ Transcript
Video Transcription
If your L-1A is denied and not just the change of status, then we have to look at the reason for denial. Typically L-1A is denied if the government feels that you don't rise to the level of an executive or managerial employee for whatever reason, whether it is on the foreign country side or the US side. If you don't rise to that level government can deny your L-1A and if they are denying the L-1A on that basis and your EB-1C I-140 was approved also with the same or similar job description, then obviously there is a potential impact because the criteria used for determining your eligibility for L-1A and EB-1C are the same as far as qualifying as a manager is concerned.
So indirectly because you are using the same job description you could have a problem with the L-1A denial. Yet now, if it is a change of status which can happen because you file your application two days late then the green card I-140 remains unaffected but then you have to worry about the unlawful presence problem. If you have been unlawfully present for 180 days you cannot come back for 3 years, except with a 212(d)(3) waiver and that's always a possibility in cases like these.
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.
ACICS Loss of Recognition May Affect Certain Students Applying for English Language Study and 24-month STEM OPT Extension Programs, H-1B, and I-140 Applicants
Release Date
On Aug. 19, the U.S. Department of Education (ED) announced that it no longer recognizes the Accrediting Council for Independent Colleges and Schools (ACICS) as an accrediting agency. This determination immediately affects two immigration-related student programs:
Parents who are GC holders, applied for reentry permits, left USA; do they need to return to the USA or can they wait till I-131 is processed?
Question details
My parents who are green card holders applied for the i-131 travel document in Sept 2021. They finished their biometrics in Oct 2021 and left the USA on Nov,14th 2021.
There has not been an update to the case after the biometrics. Do they need to return to the US by Nov 14th, 2022? Or can they wait till the I-131 application is processed before returning to the US?
FAQ Transcript
If they can come back before November I think that would be a good idea just to be safe.There is no guarantee that the reentry permit will be approved, although it is very rare for reentry permits to be denied at least for the first two years.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
STEM extension expiring, options to stay in USA, Is Day 1 CPT safe and legal?
Question details
I am currently on STEM Extension and my visa expires in July 2023. I also have a masters degree here in the states. I wanted to know what my options are..
If the suggestion is Day-1 CPT, I wanted to know how safe/legit it is! I have heard that going on Day-1 CPT can cause some issues when your H1 gets picked and may lead to RFE?
FAQ Transcript
It is legal and so far it has been safe. You know that the rule for Day 1 CPT requires that when you join, you are associating with a graduate program otherwise you cannot get a Day 1 CPT. The Curricular Practical Training is an integral part of your degree. You cannot finish the degree without the practical training. The other thing is the employer signs the cooperative agreement with the university. The only additional suggestion I have is if you are going to do Curricular Practical Training make it as an adjunct to your profession.
For more information please check my blog.
https://immigration.com/blogs/curricular-practical-training-cpt
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Can I change my status from B-1/B-2 to H-1B, L-1, F-1?
Question details
I have worked in the U.S. under L-1\H-1B from June-2015 to March-2020. I have been in India since the last 2 and half years (Not working for any US based company). Now I have got Job offer from a US company and the H-1B I-797 petition is approved. I have a previous employer's H-1B Visa stamp (which expired last month) in my current passport, and B1/B2 Visa stamp(got in 2013 and valid till Sep-2023) in my older passport. I also have approved I-140 (EB2) from my previous employer.
My Question is due to the high wait time for Visa appointments, in worst case, if I can not secure a visa appointment anywhere close to joining date, can I travel to the US with a valid B-1/B-2 Visa and approved I-797 and later change status to H-1B and join the job? If yes, would it impact the GC process in future?
FAQ Transcript
I would strongly recommend against it. I think you would do a lot better trying to get an H-1B Visa stamping in a third country. People are going to places like Singapore, Hong Kong and Maldives. Look around India and you might be able to make an appointment.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Options if employment-based I-485 is denied?
Question details
1. My I-485 was filed in August 2022. Priority Date: 2014. Lost a job. H-1B withdrawn and offer is canceled. Current H-1B remaining till January 2023. If I-485 is denied do I have to leave the country? Can I work for the remaining 5 months?
2. After retrogression, can I transfer H-1B?
FAQ Transcript
1. You can finish your H-1B term.
2. I don't see why not.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Can I do two STEM OPTs, one after bachelor's and the other after Master's degree?
Question details
I am in the 1st year of my 2-year STEM OPT after completing Bachelors Degree. Can I do another set of OPT + 2 year STEM OPT if I complete my Masters Degree? Does the Masters also have to be in STEM field to utilize the post Masters OPT+2 year STEM OPT?
FAQ Transcript
You can get a STEM OPT extension twice in one academic life cycle. Even if you did a STEM degree and never used stem opt extension you should be able to reuse it.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
How can I maintain my H-1B while working outside the USA?
Question details
I would highly appreciate it if you could share any insights for my case. I hold H-1B working for MNC in Seattle, USA. I applied for Canada PR and it was confirmed. I will travel by car to Vancouver Canada and work in Canada remotely with a Canadian house address. At the same time I want to maintain my H1B visa. Is that possible and how? I got to know H1B is valid as long as we work on US soil.
FAQ Transcript
Sure, but maintaining an H-1B simply means that your H-1B is not destroyed just because you are not working here all the time. Also remember that you can recapture the time spent outside.
For more on this topic please visit my author page.
https://economictimes.indiatimes.com/etreporter/author-rajiv-khanna-479254772.cms
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Parents staying in or traveling to the U.S. while their green card petition is pending
Question details
Would there be any issues with parents reentering the country after filing for GC application? Say the parents entered the US on a B1/B2 visa but applied for GC while they were visiting (not for the first time). They were going to file for it once they were back in the home country anyway, but decided to submit the application now than at a later date due to some health situation that came up during the visit.
Are there chances of the application being denied/or will the parents not be allowed to reenter the country because there have been some medical emergency that happened during the visit? Should those factors need to be addressed before exiting the country before the 6 months stay time is up? And would it still be a problem if that has been addressed with the provider, given it will all be in the history file now? Would there be some state assistance that anyone can get some help with in terms of financial and patient well-being and all?
FAQ Transcript
I have known many immediate relatives of the U.S citizens and they have never had a problem. However, theoretically the problem exists. It would be right to do an immigration pre-clearance somewhere close to home.
Regarding your query on medical emergencies, you could tell them that your parents took the medical treatment. As long as there was no government funding I do not see any problem.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
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.