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 ||
Volume X
Washington, D.C
My question is about switching from an H-1 to F-1 visa. My six years of H-1 expires in March 2018. I have received an offer for a Phd. at Stanford (starting Aug. 2018) that happens to be one of my dream universities. My employer applied for a PERM back in August 2017, it has not been approved yet. Does the filing of PERM interfere with getting an F-1 visa. I know you’ve answered this question in the past regarding an I-140 and I understand that my chances with just a PERM are slightly better ?
Watch the Video on this FAQ: Change of status to student F-1 while green card is in process
Video 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.
USCIS generally process cases in the order they receive them. The link below provides you an estimate of how much time the office handling your case currently takes to process your type of application, petition, or request.
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.
USCIS recently updated the following USCIS form(s):
I was on H1 before completed all 6 years on it and converted to H4 and working on H4 EAD now. With latest court update, USCIS may decide to end H4 EAD program or stop new applications in next few months( we still do not know the final outcome). My EAD expires in November 2018 which leaves me no option of applying renewal before May 2018 ( 180 days clock). If this EAD goes away will I be able to file fresh H1 in April 2019 ? If in next couple of months, my spouse decides to switch Job based on his approved I-140 then my H4 will also need to transfer/extend. At the same time, will I able to extend my EAD at that time or I still have to wait to fall under 180 days expiry clock based on my current November 2018 EAD expiration date.
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. While I am moving my H-1 New Employer B, What if something goes wrong during H-1 transfer or after that in GC processing with new employer like RFEs etc comes up, can I move back to employer A if employer A is willing to take me back. Does AC 21 portability rule applied to my case also? Since I have not filed I-485 yet, as per my understanding this rule does not apply to me. While my GC is in process with new Employer B and I am in waiting mode for I-140 approval with new employer, What will happen if my time to extend H-1 petition comes up.
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2. Can I still extend my H-1 with new Employer even if I-140 with new employer is in process and not yet approved. Can I use my old Employers approved I-140 to extend my H-1 in this situation.
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.
First-time CW-1 Lottery Ensures Fairness to CNMI Employers
Starting April 2, 2018, USCIS will begin accepting H-1B petitions subject to the Fiscal Year (FY) 2019 cap. USCIS will temporarily suspend premium processing for all FY 2019 cap-subject petitions, including petitions seeking an exemption for individuals with a U.S. master’s degree or higher.
The H-1B program allows companies in the United States to temporarily employ foreign workers in occupations that require the theoretical and practical application of a body of highly specialized knowledge and a b
On March 23, 2018, the Student and
I am an international student and recently working for an organization. Please let me know what job title, position, salary, and other requirements I need to get for applying for working visa. Since my organization is really willing to help me and is ready to adjust with my position title and other things. Education: M.A Global Development and Peace, specialization - International Political Economy and Development
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.
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) launched a pilot to test a redesigned processing times webpage that displays the data for all forms in an easier-to-read format and also tests a new way of collecting data and calculating the processing times for some forms.
USCIS recently updated the following USCIS form(s):
I had few questions on EB1C filing;
- I am here in the US from 2015. Prior to that I was working as an Manger for the same firm in India.
- I was appointed as a Principal and then promoted as a Solution Manager last year. My role involves tasks during the entire duration of a given project and as part of the project I co-ordinate with the offshore teams assigned on the project for deliverable and to assign other tasks related to the project.<br>
1. As part of EB1C filing is there a mandatory requirement that a manager should be having dedicated team members<br>
2. If 1 is yes then can we consider the offshore team members assigned per project who would be supervised to the level of getting status of tasks, providing clarifications, training them etc.<br>
3. Is there a minimum number of reports required in the US and while I was in India, and if those reports have left the organization is that Ok?
Watch the Video on this FAQ: EB-1C for functional managers - overseas team inclusion
Video 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.
USCIS recently updated the following form(s):
I have quick question about the mystery behind 180 days staying with the Employer with whom my I-140 is approved. So my I-140 is been approved with priority date as Dec 2014 and the Notice date is Nov 2017. Do I have to wait for 180 days/ 6 Months from the Notice date of Nov 2017 so I will not loos the Priority date when I move with new employer?
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 got sworn in today in Atlanta. I am going to try and give you a low down on the process and I'll post my timeline at the end.
I got in at 9:45 am ( that was my appointment time), but they don't hold it down real fast.
I dropped off my appoinmment letter and finally got called in at 11.20am.
The interview process is rather simple: he asked me questions on the form ( have u ever been a member of a communist party etc).
Here's the good news, if he/she asks you to start sgning stuff, you are on your way, don't trip yourself now.
Got naturalised today at Newark, NJ as well.
My interview was scheduled at 1:00 and I got there at 12:50 pm.
I was called in at 1:30 pm and the interview lasted 7 minutes. The interviewer was very courteous. He verified that the information in the form was correct. Asked me to sign the name change form (since I had request a name change). Asked the 6 history/civics questions, all of which I answered correctly and handed me the approval notice and told me to show up at 3:00 pm for the Oath.
I was not asked for any documentation whatsoever.
Arrive Early before the ASC office opens as there are many people that have same Appt. time , the line fills in fast.
Bring the following:
1)Your original ASC appt. notice
2) Photo ID (IF Photo ID passport has different last name than your ASC notice , bring Marriage license, If your ID and Appt. notice name are not same they will turn you away unless you have Marriage license)
3) Be sure your fingers/ hands are not dry or cracked, If you have dry hands put lotion on the nigt before so when you arrive they will take good prints
Appointments' procedures for all non-immigrant visas are the same. This is from my personal experience in Nov 2005.
Step 1.
Make the two payments - either by DD or cash at the designated branch of HDFC bank. Take copy of passport along. Get receipt of the payment. There'll be a barcode sticker on the receipt which will also have the number which will be your receipt no. for all future references. This can be done by the individual applying for the visa or any representative but should carry the Passport copy of the individual travelling.