Guestbook Entry for Jayanthan Padinjaredath , United States
Name
Jayanthan Padinjaredath
Country
United States
State
NJ
Search
Guestbook Entry for Pravin Balasubramaniam , United States
Name
Pravin Balasubramaniam
Country
United States
State
CA
Guestbook Entry for Shivanand Baswannappa , United States
Name
Shivanand Baswannappa
Country
United States
State
Texas
Guestbook Entry for Sundar , United States
Name
Sundar
Country
United States
State
MD
Guestbook Entry for Shanmugadevi , United States
Name
Shanmugadevi
Country
United States
State
IL
Guestbook Entry for Shankar, United States
Name
Shankar
Country
United States
State
Texas
Guestbook Entry for Anurag Dwivedi , United States
Name
Anurag Dwivedi
Country
United States
State
VA
EAD and H-1 Conversions for Derivatives
Question details
I have applied for 485 as the primary applicant and my wife is the secondary applicant. Right now both of us are on H1 visa. We had applied for EAD and AP and intend to apply for renewal soon as we near 120 days.
I am on my 7th year of H1 and my wife is on 2nd year of H1 and 3 year of (H1 and H4 combine). Her current H1 expires on April 2010.
I intend to remain on H1 itself and have no intentions of using my EAD.
Can you please clarify these questions.
Qo1. Would it be advisable for my wife(secondary applicant) to change to EAD in case she gets a better employment with another employer? This employer is not willing to transfer H1.
Ans. That should be fine.
Qo2. All that is required to work on EAD is fill in form I-9 and submit a copy of EAD with it. Does the employer have to do anything like notifying USCIS etc?
Ans2. The employer has to do nothing more than prepare the I-9 and keep updating it every time new EAD is issued.
Gap in Employment during AOS
Question details
My friend lost his job on Friday when he was working on EAD (this is not the employer who has applied for GC). His i-140 was approved last year in May. He is looking for new job which would take couple of weeks. I have following question for the situation:
Q1. Is there any limit or restriction for number of days without work between changing job?
Ans. No. I do not believe a few weeks should make a difference.
Q2. Will this impact his GC process?
Ans. Not as long as he is eligible for AC21 portability.
PERM Through Relative Owned or Controlled Company
Question details
Can a PERM case be filed through a company that is owned or controlled by a relative of the beneficiary?
The answer is yes, BUT, the case is likely to be very closely scrutinized and may even require supervised recruitment. That means, USDOL will most likely ask us to place advertisements again under their direct supervision. So, we could end up repeating the advertising. This could cause delays (and of course even denial).
This question had come up a few weeks earlier also. I wanted to clarify this with the USDOL so we wrote to them. Our letter and their response is attached.
AOS Denial – Consequences for H-1
Qo. If an AOS (adjustment of status or I-485) applicant has already used up six years on H1 and is currently in 8th year of H1, what are his/her options if AOS gets denied before the 8th year on H1 expires?
Ans. A lot depends upon the grounds of denial and whether they are likely to be overturned on a Motion to Reopen/Reconsider. Do note, there is no appeal against a 485 denial.
Covid Coronavirus Question from Employers about Payroll for H-1B and others L-1, E, etc. employees
Question details
We are looking at various measures of safety and expense control. First and foremost everyone is working from home for their on safety and wellness. For expense control one idea that we were discussing was a potential pay rate reduction for a short period of time.
FAQ 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.
Covid Coronavirus changing H-1B home office location
Question details
I recently got approval for Work From Home, from my client. So my work location will be my home. My H1B Amendment is filed. Because of situation, I have to change my home i.e work location, within same MSA. Also, if we can change the house, just updating AR-11 will suffice?
FAQ 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.
Covid Coronavirus H-1B employee furlough's impact on green card and H-1B
Question details
I currently have an approved I-140 with my former employer which is past 180 days. I'm on my H1b (exp May 2021) with my current employer, now my current employer has furloughed me for 90 days and asked to return to work after the furlough period. During this time I'll be paid 20% of my salary or could use my PTO (200 Hours). What options do I have to maintain my status during the furlough period? Can I take paid/unpaid leave and go back towork for the same employer or do I need to find a new job?
FAQ 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.
Covid Coronavirus Extension of B-1-B2 (tourist visas or business visas)
Question details
My parents are here in US on B1/B2 visitor visa and their I-94 expires on June 5th. With the current Covid Situation, I feel it's risky to send older parents back to India. I would like to know if I can apply for extension of stay based on this situation? USCIS will consider this kind of pandemic situation in to account for extension? If I can apply extension how soon I should do and how long I can extend ( can do 6 months)?
FAQ 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.
Losing job after AOS I-485 interview
Question details
I had my EB2 Interview last week it went good. I did submit my offer letter and my paystubs. I am still waiting to hear back from USCIS regarding the next steps. If I end up losing my job what happens in that event? I am working with my current employer on EAD and I dont have an active H1B. Its very difficult to find another job in the current situation, since I have already submitted an offer letter will they require any other confirmation before approving?
FAQ 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.
Loss of job/laid off during Covid/Coronavirus times
Question details
I lost job and my last date of employment with the employer is March 20, 2020. This employer sponsored H1B and also had ported GC AOS in 2018.:
1. After my last date of employment (March 20, 2020), how much time do I have to transfer H1B and I-487 to a new employer?
2. Will losing the job affect the EAD renewal in processing?
3. How would it affect I-487 application, which can become current any time soon?
FAQ 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.
H-1B visa holders during COVID
Question details
1. Is H-1B visa holder eligible for unemployment only if laid off or even furloughed? if yes, how do we know that we are eligible?
2. Where can I check my i-94 expiration date?
3. If I now have to change from H1 to B2 due to furlough, and if I have to return back to work later with the same employer, should i have to go out of the country to change back to H1?
4. What are the effects to my H1b if I have to chose using PTO or unpaid leave or combination of both, or if I have to work just 20hrs/week?
5. If I have to apply for a H4 and an EAD, do both of them get approved at the same time? I am asking this because I wanted to know if there could be a gap in my employment after I switch from H1 to H4 waiting for EAD.
FAQ 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.
Effect of take over on L-1
Question details
I am a Manager of a resourcing company in India working for more than 2 years in the same company. Recently, a US company acquired us. Can the US company apply a L1A visa for me and subsequently a green card in EB1-C category?
FAQ 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-140 revocation
Question details
1. I have my I-140 approved 2 months back and my employer is not ready to share the approval notice, is there any way to get it?
2. I am planning to look out for a job change and will my I-140 still be there if I change my employer or is there any time period I have to be with the employer or can they revoke my I-140??, as I am planning to get EAD for my wife on my I-140.
FAQ 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.