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Discussion Topics, Thursday,  2 April 2020

FAQs  related to Covid Caronavirus: 

Loss of job while in AOS I-485 period || Question from Employers about Payroll for H-1B and others L-1, E, etc. employees || Extension of B-1-B2 (tourist visas or business visas) ||  

H-1B employee furlough's impact on green card and H-1B || Converting to B-1 B-2 status ||  H-1B denial ||  Changing H-1B home office location ||

Other FAQs: Accepting Unemployment Payments on nonimmigrant visas (H-1B, L-1, E visas, etc.) and/or on green card || Applying for green card for parents who are visiting/in the USA || H-1B lottery winner employee change of employers

April 16 Call, Discussion Topics and FAQs

Applying for tourist, visitors, B-1, B-2 to maintain status || Effect of take over on L-1 || EB-1C International Managers/Executive Green Card portability || I-140 revocation || Aged out disabled children || Losing job after AOS I-485 interview || H1b visa holders during COVID

Canadians living in USA || False claim to US Citizenship || Joint affidavit of support || Expired green card || Impact of NOIR on approved H-1B ||Maintaing H-1B during AOS

FAQs:

-B-1/B-2 visitors visa extension

-Effect of immigration proclamation/executive order on green cards

-H-1B furlough or temporary lay off

-Implications of the 240 days grace period

-I-485 pending laid off/AC21/Supplement J

Other topics of discussion:

-Public charge rule

-H-1-H4-H4 EAD extension concurrently

 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.