They were really good in... - delivering the process well - presenting my case - securing & covering all the corners - Had the knowledge, experience and 'know-how' that made it a successfull deal.. Thanks a lot! - roopal.
U.S. Citizenship and Immigration Services and the U.S.
FAQ's
Impact of unlawful presence || Unlawful presence for minors ||How can I downgrade from EB2 to EB3 and the consequences || Traveling abroad while H4 EAD is pending || Filing change of address || Starting business while on student visa || Being without a job on AC21 || Citizenship for employees of consulting companies who have projects in different cities after green card || The new restriction on 12 months of CPT OPT combined – – consequences of H-1B denial on OPT || Not worked for green card sponsoring company – – fraud implication for naturalization/citizenship ||
Other
Applying for a visa || Details of applying for a spouse based green card || Cancellation of visa at the airport || Applying for H1 visa || Quitting green card job after getting green card || quarter exemption scratch that H-1B quota exemption || CSPA || Applying for H4 visa while H one extension is still pending
Number 24
Volume X
Washington, D.C
I am a LPR for 1 year. I married my wife 10 month ago. She came here on a J1 visa that expired 12 years ago and she is out of status. She never filed anything with USCIS except the I-130 9 month ago. The new policy implemented on Aug 9, 2018 for the F,J,M students and accrual of unlawful presence says that she will accumulate unlawful presence starting Aug 9, 2018. If she leaves US after February 5, 2019 she will be subject to 3/10 year bar. She plans to leave shortly before that and wait for her priority date to be current in 1.5 years hopefully. Do you think she can have any problems at the consulate interview if she was out of status for 12 years, and she accumulates close to 180 days of unlawful presence?
Watch the Video on this FAQ: Impact of unlawful presence
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.
My son’s I-94 and visa are expired in June. We have applied for I-539 for extension in October. Will he be granted the extension.
Watch the Video on this FAQ: Unlawful presence for minors
Video Transcript
For a child under the age of 18 until they hit 18 there is no unlawful presence. They are only out of status. More...
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.
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.
I have I-140 approved in EB2, priority date is 2010. When date become current for EB3, I want to downgrade from EB2 to EB3 (I know I have to only refile I-140 and I-485 concurrent). What will happen if USCIS denied newly filed I-140 (EB3)? can I-485 also denied? If newly filed I-140 (EB3) denied, can I used my previously approved I-140 (EB2)?
Watch the Video on this FAQ: How can I downgrade from EB2 to EB3 and the consequences
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.
I changed my job from company A to Company B. H1,H4,H4 EAD is approved for company A. I moved to company B and my H1 change of employer is approved. While H4 is pending with company B. Can my wife travel to India and apply for H4 visa stamping in India?
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 would like to know whether I should update my residential address to USCIS or immigration department in order to keep them informed of my updated address?? Since I'm the beneficiary and my wife is GC holder, she has applied for my I-130 of family based Green card when I was in New York and now I've moved to South Carolina, are we suppose to inform immigration department? If Yes who should inform them, can I give a permanent Mailing address different from my residential address since I may be working on short-term contracts.
Watch the Video on this FAQ: Filing change of address
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.
On Nov. 15, the Public Engagement Division (PED) held a stakeholder teleconference to discuss the USCIS Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens policy memorandum (PM) that was issued on June 28. USCIS representatives provided an overview of the memorandum, shared an update on the continued implementation of the PM, and addressed many questions submitted in advance.
I am from India, and I am currently doing my masters in the U.S. My goal is to build my startup as I m doing my masters. Therefore, before coming to the U.S, I have incorporated a C Corp in Delaware with me and my brother as the owners. I don't want to violate my F1 status, therefore, even though I have incorporated the C Corp, We are not actively doing any work since I am not sure working on my startup in University will violate my status. I have tried getting in touch with International student services but I have not gotten a clear response on how I can run my startup as an international student while being on F1.
Watch the Video on this FAQ: Starting business while on student visa
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.
I would like to know is it ok to not be on a job for few months when a person is on AC21 and working on EAD (485 filed) status. Does it raise any issues down the line like getting green card or USC.
Watch the Video on this FAQ: Being without a job on AC21
Video Transcript:
Having a gap in your employment while you are still qualifying for AC21 is not a problem. More...
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.
Discussion Topics, Thursday, 29 November 2018:
FAQ: Effect of L-1A denial on approved EB-1C I-140 || Transfer of priority date on an I-140 -- process || Period of maximum stay allowed for tourist visa entrants || Continuing employment-based green card while moving outside the USA || Starting business on I-485 EAD|| Status expiring during the pendency of an H-1B extension || EB-2 approved applying for EB-3 || I-94 expired -- Unlawful Presence
Other: Travel during H-4 EAD || I-140 denial effect on concurrently filed I-485 || EB2 with a three-year bachelor’s degree || Green card for child born in Canada || H-1 transfer || 3 year H-1B extension || Four year delay in naturalization || Errors in H-1B approval || Fiance visa || Revocation of green card because of the company merger
USCIS has published a policy memorandum (PDF, 121 KB) (PM) clarifying the requirement that a qualifying organization employ a principal L-1 beneficiary abroad for one continuous year out of the three years before the time of petition filing (“one-year
Parents came to the USA on a B-2 Visa in March 2021. I have requested an I-539 extension in August 2021 due to COVID and they stayed till Jan 2022. Eventually the extension got denied. Is this a problem?
The government will say as one has overstayed their I-94, they will now be subject to section 222(g). If you overstay your I-94 the visa stamp on your passport is automatically canceled, so you have to apply for a new visa. For more details on this issue, visit my author page on The Economic Times.
How much time does the EB-2 green card process take for a Chinese born?
For the Chinese born, it is getting more difficult. It is definitely longer for people who are born in India and shorter for China born so far as of this month.
Can you work on H-4 Visa?
Not without an employment authorization which comes only at a certain level of maturity of your spouse's green card.
Question 1: The company has laid off the employee but have put them on payroll until March 2023. In this case, can the employee travel internationally and will he be able to re-enter the USA?
Question 2: Is it the right time to move to the USA from India on H-1B since one is beginning to hear a lot of layoffs took place in big MNCs?
Answer 1: Do not travel until you get a job as you could have problems when you come back.
Answer 2. : If you are working for a big MNC then you need to think about it. But if you are working for a smaller company or a company that is not affected by the layoffs (example the healthcare industry) then you do not need to worry.
Is it not recommended to travel outside USA when you are on H-1B and I-140 filed and approved ?
Absolutely no problem, you can travel.
I have Dropbox appointment in India and going alone. My husband has a valid I-797A but an expired visa. Will that affect my stamping?
I do not know. It depends upon which way they are feeling on the day you go. Earlier there was no problem but now in some cases they have insisted you must have an H-1 visa stamp.
A friend of mine went to the U.S. on F1 last year but due to some personal problems she came back home but she wants to go to the U.S again this year to a different university. Will there be a problem to get F1 again?
Depends upon individual cases. Difficult to say.
Is there a possibility of getting approval for H-4 visa work authorization act this year?
Nothing is going to happen on immigration this year.
I tried 2 different attorneys before employing law offices of Rajiv Khanna, one attorney took money but didn't even bother to call me and other who wouldn't fill the basic information properly before filing the application for LC. Myself and My wife, we got our passports stamped yesterday (11/21/2002), the whole process took us about 2 yrs and 1month without any problem or query from INS. Working with the team of Rajiv Khanna was PLEASANT. Being a professional myself, I am really pleased with their DILIGENCE, PROFICIENCY, CONFIDENCE and EXPERIENCE. Even though my company messed up in making monthly payments, Ms. Lakshmi Kompella, Ms. Diane Lombardo and Ms. Suman Bhasin gave me an opportunity to clean it up without holding up the processing of my application. I am thankful for their CARE and UNDERSTANDING. Ms. Leila Lehman are praise worthy too, for all their support and PERSONAL attention given to my case. Thanks to the whole team for making the process EASY and PLEASURABLE. If the job needs to be done RIGHT, this is "THE TEAM".