Beginning Friday, May 1, 2015 USCIS will accept only the new version (edition date: 10/23/14) of Form I-129, Petition for a Nonimmigrant Worker. The edition date is printed at the bottom of every page. We will reject previous editions of this form if you submit them on or after May 1.
USCIS issued the new version in January and have continued to accept old versions during the transition period, which ends Thursday, April 30.
In response to recent court decisions that have created significant uncertainty around the H-2B temporary foreign nonagricultural worker program, the U.S. Departments of Labor and Homeland Security today announced an interim final rule to reinstate and make improvements to the program and a final rule to establish the prevailing wage methodology for that program.
1.Can we own our business?
2. Do we have to run own payroll?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/3Heaadpk1Ik?t=933
FAQ Transcript:
1. Yes you can.
2. You do not.
Radio show April 28, 2015:
Question1: My spouse is on H-1 visa and his former employer filed I-140 and then my spouse changed his employment to another employer and transferred his H-1, the I-140 has not been revoked by former employer. So my H-4 is with the former employer valid for three years, and current employer for my spouse has not filed H-1 for me. Is the H-4 from the former employer valid for file EAD or do I have to apply for H-4 again and what would be the documents that would I need to file H-4 EAD ?
Answer: Every time the H-1 holder changes job, the H-4 holder does not need to re -apply for H-4. Your H-4 is good. You don't have to have different H-4 for the employer. Of course, every time the H-1 holders change their job they have apply for new H-1 but as long as you never violated status and H-1 holder has never violated status that H-4 continued to be good from job to job to job, you are good.
Your second question was what document need to file H-4 EAD?
Answer is we don't know yet. When the instructions for the new form I- 765 come out along with the form I-765 they will tell you exactly what you need to submit . I suspect probably marriage certificate along with evidence of couple of last pay stubs of your husband's, copy of H-1 receipt and a copy of your H-4 receipt or approval or visa stamped. That typically they should be looking for. But I don't have any basis for saying, this is just my guess.
Question 2: I got my H-1B petition approved last year, it got extended as well. I have never used any of these visas to work in the U.S. though I have travelled few times to U.S. but on B-1 visa for meetings with the customers. So the question is when do I become exempt from the H-1 quota?
Answer : In your situation when you are outside the USA, you become exempt from the H-1 quota when you get your visa stamped. So I think USCIS interpretation of law is faulty and incorrect, because in my view as soon as H-1 is approved you should be exempt from the quota but USCIS has taken the position that unless you get the visa stamped from the consulate we will not consider you exempt if you are outside the USA. So it appears to me that you should be exempt from the quota.
Question 3. I just got my citizenship and now wants to apply for my younger sister, who is alone in India. I lost my parents few years back so she is all alone but she is above 18. Is there any way I as a brother and only relationship here in United States apply for her Green card in such a manner that she can be here in United States as soon as possible.
Answer: Siblings Green Card is like planting mango trees, in India we used to have saying that mango trees takes so long to bring fruit that one generation plants the tree and the second generation eats the mangoes. It's kind of that for sibling cases, it takes 13 years for the Green Card to come through and there is no way we can expedite that Green Card. However leaving the option of Green Card filing you could look at the things like sponsoring her for her student visa if she wants to study or if she is an professional or intent to be professional soon she can come on H-1 or L-1 visa, like other people do. f you have money you can gift her half a million or million dollar depending upon what kind of money you have that you can invest in her. So Investment visa could be an option but there is no way you can expedite sibling green Card.
I got my green card base on EB-2 category. I got mail from USCIS mentioning they change my status in to Permanent resident. As well as I got my Green Card in mail this year March. But I filed my I-485 last year July.I want to change my employer. (New Employer offering similar salary as well as similar position ). Is there any legal issue. Do I have to worry about this junction ?
FAQ Transcript:
Green card which is employment based does not require you to enter into slavery. It requires only this. On the date your green card was approved it was your intention to work at your job indefinitely, not permanently. So if I got my approval today and today I continue working indefinitely for the next few days or years but a week later I got a better job can I leave and the answer is yes. I think you can. But let’s say I already have an offer at hand and I got my green card and I want to go and would that be considered indefinite. Probably not. The government can take an objection but even there if the job was same or similar to what the green card job was I think a good argument can be made under AC21 portability. Currently the law requires only to have indefinite intention but on the date you got your green card. However once the green c ard is approved and if your intention changes, then I do not see any problem with it.
USCIS updated the following USCIS form(s):
Form I-9, Employment Eligibility Verification
08/01/2023 09:59 AM EDT
I have an approved I-140 with COMPANY A. However, I have recently moved to COMPANY B, and they have initiated the green card process on my behalf. I prefer not to include my experience with COMPANY A in the PERM filing with COMPANY B. My understanding of the terms with company A is limited, and I may encounter difficulties in obtaining experience letters and supporting documents from COMPANY A. Could omitting my experience with COMPANY A cause any potential problems when COMPANY B files the I-140 & PERM and requests the previous priority date from COMPANY A.
There is no need to omit past employers.
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Release Date
U.S. Citizenship and Immigration Services (USCIS) today announced changes to the way USCIS issues receipts for L-1 nonimmigrant intracompany transferees (executives, managers, or specialized knowledge professionals) under a previously approved blanket L petition.
I have an EB3 I-140-based EAD currently. If I set up a software firm for myself, can I sponsor EB2 or EB1 I-140 for myself? The main reason why I want to sponsor myself is I would not be under the constant fear that my employer may withdraw my I-140 for one or other reason. I will be able to work for myself. Is there any rule that stops me from filing an employment-based immigration petition for myself?
The answer is largely No, except under limited EB-1C circumstances.
I am on H1B with company A and currently working remotely from India. Given US rules don't apply in India -
1. Can I work for company B which is based in India and whose payroll also runs in India?
2. Can I start my own company in India while being on H1B for a US company?
The answer to both questions is that there is no problem.
1. How can I set up an LLC/CCORP company for a startup while on H1B?
2. How to become a board member and founder without being an employee while maintaining legal H1B status as per USCIS?
As long as you are only dealing with the USCIS and don't have to travel, I don't see any problem. The key factor is the employer-employee relationship, not the ownership.
Number 81
Volume X
Washington, D.C
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
This bulletin summarizes the availability of immigrant numbers during September for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.
Processing Queue | Priority Date |
---|---|
Analyst Review | September 2022 |
Audit Review | June 2022 |
Reconsideration Request to the CO | September 2022 |
FAQs: Job loss situation - Alternatives and return options for H-1B visa holders with approved I-140 || Remote work for a U.S. startup: Starting off on managerial duties from India before L-1 visa filing
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
Rajiv Khanna Blog: http://www.immigration.com/blogs
Twitter: https://twitter.com/immigrationcom
Facebook: https://www.facebook.com/immigrationd...
Linkedin: http://www.linkedin.com/in/rajivskhanna
USCIS recently updated the following USCIS form(s):
Form I-129, Petition for a Nonimmigrant Worker
05/31/2023 04:07 PM EDT
USCIS updated the following USCIS form(s):
Form I-956G, Regional Center Annual Statement
08/23/2023 09:29 AM EDT
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
Rajiv Khanna Blog: http://www.immigration.com/blogs
Twitter: https://twitter.com/immigrationcom
Facebook: https://www.facebook.com/immigrationd...
Linkedin: http://www.linkedin.com/in/rajivskhanna
I have an approved I-140 (Approved in Feb 2022) which is already 6 months past the approval date & my priority date is August 2020. I am currently on H1B visa where I have already completed my 1st 3 years and currently am on the 1st 3 year extension.
My question is :
1.If for any odd reason I lose my job in the US, and I am not able to find another job within the 60 days grace period, what alternatives do I have within the US and find a job (H4 is not an option for me currently) ? Would joining a consultancy be a safe option to stop accruing unlawful presence OR compelling circumstance EAD ?
2. If I decide that going to India is a better option and want to come back after some time to the US, would I be subject to the H1B lottery at any point in future if my 6 years of H1B is exhausted ? What information or documents are needed to assist for returning back to the US ?
1. B-1/B-2 is another option. Please visit the blog entry on this issue. One might consider refraining from joining a consultancy unless they have a specific project.Compelling Circumstances EAD is not that glamorous, the reason being that it takes a long time to process.
2. You can, of course, stay here while it's being processed, and then it's only given for one year, requiring you to extend it annually if you go to India. B-1/B-2 is reasonably a good option; all you need is a copy of your earlier H-1B approval notice, and that should be enough.
Release Date
U.S. Citizenship and Immigration Services has launched a new online form for individuals, attorneys, and accredited representatives to request an in-person appointment at their local field office without having to call the USCIS Contact Center.
Can an Indian employee start working for a US startup as a manager remotely from India while his L1 is filed a few months later? Will the L1 processing will be earlier for the startup as the employee has been performing the duties and also being paid the required wages (employers ability to pay)
The answer is yes. L-1 does not necessitate a demonstration of the ability to pay, as there is no such requirement for L-1 visas. There are two key points to consider: Firstly, the work must be carried out through a local organization. While there is some ambiguity in this area, you must collaborate with a sister company. Therefore, if the startup has an affiliate or sister company in India and you are beginning work with them, it is completely permissible. However, it's crucial to remember that you cannot qualify for an L-1 unless you have worked outside the United States for a branch or an affiliated entity of this company for a minimum of one year.
Immigration.com has been tremendous in my Green Card processing so far. Their professionalism and prompt approach has been very helpful.