Discussion Topics, Thursday 2 November 2017:
-H1B Amendment Approved without I-94 attached
-Changing from Non-Profit (Cap-Exempt) H1 to Profit (Cap-Subject) H1 and GC filing
- Family based second category GC (F2A)
- Transfer J-1 Visa
- H1 and H4 Extension approvals
- Upgrading H-1 B to premium processing
I am now in the last stage of Green card and attending interview in Consulate in India for Employment based green card interview.<br>
I have the recent offer letter from my employer. I saw from your 2012 blog you have mentioned that the employment based consular interview is difficult from foreign country consulate with some example.
Has it improved anything better recently. What type of questions can I expect. Also I have recently relocated to another city in India because of which I have resigned my current job and at the same time waiting for this green card. I have not worked with the prospective employer till now but have the offer with recent date. So did not try for any job. I am an experienced person of 15 yrs exp and just out of job for the past 5 months. Will that hurt anything? Do I need to have one on one consultation with attorney better to be safe?
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 got a speeding ticket ( It is not related to DUI and no arrest, just a ticket) recently. I didn’t contest the ticket and plead guilty by paying fine of 170$, I have receipt of payment. Do I have to wait for another 5 years from the date I got a ticket (Good moral character period of 5 yrs as per USCIS) to apply for US citizenship to show good moral character?
Watch the Video on this FAQ: Effect of a speeding ticket on green card or naturalization/citizenship
Video Transcript
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I am staying here in the US from last 4 years 10 months and have I-140 approved (Received approval Jun '17). To fulfill personal commitments, I am going back to India in Dec '17 for some time however my H1B extension is still in progress (Filed in Aug '17). I am not sure whether the result will be out before my travel.
My question is -<br>
1. If I change the employer in India, is there any way I can come back? What all options I will have?<br>
2. Can my new employer eligible to transfer my H1B from India in case current extension gets approved or RFE or Denial?
Watch the Video on this FAQ: Effect of moving abroad while still on H-1B visa
Video Transcript
1. Yes, I think you can keep that H-1B alive as long as that job is there.
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. I have joined a company based on H1b transfer receipt and have got RFE of LCA wage level 1. If, by any chance, the petition gets denied then can the same employer file for new h1b transfer with LCA wage level 2, right after the denial? <br>
2. Is it advisable to find another employer and start a new h1b transfer processing while the current one is still under RFE received/response status?
Watch the Video on this FAQ: Denial of H-1B on Level 1 wage issue
Video Transcript
1. Now if somebody's H-1 gets denied for level 1 job the same employer can file for level 2. But there should be a good reason or explanation if the government asks questions like: why are we going to level 2, why did we not go with level 2 the first time around.
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.
PERM Processing Times (as of 10/31/2017)
What is the latest development for Employment-Based Immigrants?
In employment based the last step in the green card process is something called Adjustment of Status (AOS). If you are already in the United States in legal status it is done through the form I-485. Earlier employment-based applicants were hardly interviewed by the USCIS. You file the forms and you get your green card approval and maybe you might get an inquiry or two from the government and ultimately anybody going to the USCIS personally would get the green card approved.
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. 9, 2017, the Department of State stopped accepting new applications for the Central American Minors (CAM) refugee program. USCIS will stop interviewing CAM cases on Jan. 31, 2018. After that date, individuals with pending applications who have not been interviewed will receive a notice with further instructions.
The 100 civics (history and government) questions and answers for the naturalization test are listed below. The civics test is an oral test and the USCIS Officer will ask the applicant up to 10 of the 100 civics questions. An applicant must answer 6 out of 10 questions correctly to pass the civics portion of the naturalization test.
U.S. Citizenship and Immigration Services (USCIS) has received reports that the U.S.
FAQ: Is interview required for compelling circumstances EAD? || Can we open a company while on EAD? What kind of questions/documents will be needed in the I-185 AOS interview? || Does H-1B extension denial invalidate an existing H-1B? || What can be done if an H-1B is denied while in the USA? ||Impact of taking a long break while on H-1B.
Other: Traveling while an H-1B is pending || Impact on naturalization of an incorrect name in the past ||Working from home on and H-1B ||Name updated on form I-140||Applying for L-2 EAD and change of status to H-1B ||Erroneous name on passport, visiting on a tourist visa ||Applying for H-4 EAD, I 140 withdrawn before 2017 ||H-1B issued without an I 94||I 485 delay, etc.
Due to technical issues, the registration period for DV-2019 is being restarted, and all entries made prior to October 18, 2017, will need to be resubmitted for the entrant to be considered.
Recently USCIS announced that when a I-485 application is filed the Candidate has to go through the interview process. Is this applicable to the COMPELLING CIRCUMSTANCES EAD as well?
Watch the Video on this FAQ: Is interview required for compelling circumstances EAD?
Video Transcript
No. Not so far. The government has not indicated that they will be requiring an interview before issuing a Compelling Circumstances EAD. That's only confined to the I-485 applications. More
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1. I recently filed I-140 under EB1 as I am on L1A, my spouse is on L2-EAD, can I open a company on my spouse name?<br>
2. When I file my I-485 do I have to provide any documents (W2, Tax Returns) related to my spouse company?<br>
3. As USCIS has announced In person interview from 10/01/2017, what kind of questions can I anticipate if I open a new company?
Video Transcript
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I am exteremly impressed by Rajiv Khanna law firm and my case manager Amrita.I got audited on my PERM labor clearance. With Mr.Khanna and his team, I got my LC approved on 1/7/08. A big thanks to the entire team and special kudos to my case manager Amrita. She was very prompt and readily availabe whenever I had any questions. I would highly recommend Rajiv Khanna law associates for green card filing. My sincere thanks to Attorney Sheena too.
Regards,
Bhavna
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