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Discussion Topics

FAQ: When does one become H-1B cap exempt? || Filing EB-1C, International Managers or Executives green card || Erroneously given longer duration on H-1B than eligible || Porting green card to a self owned company under AC21 portability || AC21 green card portability for a lateral move from developer to analyst || Revocation of H-4 EAD rules || H-1B RFE for specialty occupation || TN applying for green card ||

Other: I-94 through new company H-1B || Issues related to H-1B transfer, not joining an employer, etc. || Changing for H-1B to H-4 EAD and back to H-1B || Denial of I-751 to remove conditional status’; NTA issued || Green card AOS/I-485 interviews for employment based applicants || Background checks for visa stamping || I-824 processing times for obtaining duplicate approval notice || Refund of premium processing fee || Getting F-1 visa from a consulate while family-based green card is pending || Effect on green card application of change in job duties/salary|| Traveling after green card approval, etc.

FAQ: Does bad credit or private loans/litigation affect immigration? ||Changing jobs after I 140 approval, returning to the old job, procedures for starting new green card etc. ||Effect of salary variations during L-1A visa ||Implications of alcohol-related convictions, such as DUI, on immigration or H-1B ||Staying in the United States based upon the medical need of a child, B-2 or humanitarian parole.

Other: H-1B amendments for relocation, visa stamping ||Filing in EB-1C green card for international manager or executive ||Applying for H-1B from a third country||Proceedings after employee files WHD complaint ||Changing H-1B jobs while an extension is pending ||H-1B visa stamping problems||Applying for H-1B extension without a copy of the I 140 approval notice ||H-1B amendments for relocation ||Does change of location requiring L-1A amendment? ||Cross-chargeability, etc.

 The following topics were discussed in today's community conference call.  The video is attached below. Discussed: Abandonment of Green Card, OPT to H-1 change delay, immigration consequences of criminal conviction for misdemeanor (petty offense exception), N-470 to maintain residence, EB-2 filing, Investing in stocks while on H-1, delays and difficulty in entering the USA -- TRIP, H-4 visa stamping, getting married to a US Citizen while on H-1, marriage certificate, immigration reform, CSPA, Cross chargeability, Unpaid leave on H-1, H-1 visa stamping, NOIR for multiple H-1 filing through related companies, frequency of visits on B visa, employment verification letters in PERM.

For updates, see my blog page on Obama's Immigration Action.

Takeaway points for legal immigration from President Obama’s executive action: 

1.      USCIS is “about to” publish the final rule on H-4 work authorization.  That will make it possible for certain spouses of H-1 holders to get work authorization.

 2.      Improving employment-based green card backlogs by:

 a.       Making visa issuance more efficient so no immigrant visas are wasted;

 b.      Providing for better AC21 rules and other ways to keep immigrant visas intact after a change of jobs.  USCIS will clarify what constitutes “same or similar” job so that AC21 will not stop workers from getting promotions or even changing to related jobs within their field.  USCIS must clear the path to career progression for green card applicants.

 3.      Expandingfurther the OPT time for STEM students, but creating tighter control on which universities/schools/degrees are eligible and ensure local workers are protected (Implement some sort of a “mini PERM?”).

 4.      Creating opportunities for foreign “inventors, researchers and founders of start-up” companies to come to the USA through an existing program called “National Interest Waiver.”  Unfortunately for India, this is an EB-2 category program requiring several years of wait.  But the following parole program will help:

 a.       Creating a parole (which is usually a temporary, but very quick measure and could eventually lead to a green card) program so that on a case-by-case bases, “inventors, researchers and founders of start-up” companies can be brought quickly into the USA where: 

 i.They have raised financing in the USA; OR  

 ii.Otherwise hold the promise of innovation and job creation through development of new technologies OR cutting edge research

 5.      Creating guidelines for exceptionally qualified or advanced degreed individuals to come to the USA through an existing program called “National Interest Waiver.”  As noted, unfortunately for India, this is an EB-2 category program requiring several years of wait.  But the parole option above could be helpful.

 6.      Providing clear guidance on L-1B program as to who can qualify.