Rajiv's News Clips - US court sets aside plea, IT service companies will need to file more evidence when hiring H-1Bs
Published by : The Times Of India - Date: January 23, 2020
Published by : The Times Of India - Date: January 23, 2020
Discussion Topics, Thursday, January 23, 2020
FAQ: Tourist/Visitors visa for people with special needs or challenges || Risk for green card process in joining a small company, unfamiliar with immigration || Impact of 214(b) denial || Requirements for obtaining green card under EB-1C, International Managers and Executives ||
OTHER: NVC fees issues || USC relocating to India while green card petition for parents is pending || Is original I-140 approval required for priority date transfer? || Effect of subsequent H-1B, H-4 approval on current H-1B, H-4 case || Additional review of a pending I-140, delay || USCIS processing times estimate || 221(g) Administrative processing for H-1B visa || CSPA logistical problems || Carrying cash in and out of the USA || Incorrect DS-160 || List of cap exempt employers || Naturalization of children
I am on H1-B and I lost my job 7 days back. I have I-140 approved with Priority date 2015
Do I need to inform USCIS that I lost my job and I am searching for job ? if yes how and where ?
How many days I stay in USA and search Job ?
My I-140 was approved 8 months ago and now my employer said that he will revoke it , what will be impact on me after he will revoke it I-140 ?
Am I able to extend my H1-B, once he revoke my I-140 ? ( my H1-B 6 years are completed)
If I will go back to India and search job from India, can consulting companies transfer my H1-B in this particular situation ? or I will face complication ?
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.
Processi |
---|
WASHINGTON— U.S. Citizenship and Immigration Services announced a process change for Form I-526, Immigrant Petition by Alien Investor, from a first-in, first-out basis to a visa availability approach.
U.S. Citizenship and Immigration Services announced updates to its Policy Manual that address mobile biometrics services and fingerprint waivers.
I came to US on F2 visa. In April 2008, my employer filed for my H1B visa and it was approved. Due to some personal reasons I can't start work from October 1 and I will need to change my visa status back to F2.
Qo 1. My question is if I change my visa status back to F2, and if I find an employer who is ready to file my H1B in the future, Will I have to go through the quota again?
Qo 2. Hi, I have been inspired by the previous posts, I have a similar situation. I was on H1 till Mar 03. Then I transfered to F2. Now I'm about to get a job offer from a company. Is my H1b application subject to the Cap? My previous H1B was issued on Feb 2002 and I haven't been out of the states since.
Ans 1. In my opinion, you will not be subject to the quota again.
Ans 2. You should not be subject to the quota.
I have consulted the local lawyers here but they have failed to answer this question with conviction. Can two Labor applications be filed for me by two companies (current and future employers) at the same time ?
In my opinion, most definitely, yes. As long as both companies are acting in good faith (honestly) and you have the intention to take whichever green card happens to be more convenient or quicker for you, you can file 2 or more labor certs (PERM) through different employers.
After a long-term relationship, earlier this year I married a U.S. citizen. I do not want to change my immigration status and do not wish to immigrate nor reside permanently in the United States since we both have steady jobs outside the U.S. and I do not want to leave my country. All I want is to be able to travel temporarily into the U.S. for pleasure and leisure as most tourists do, once or twice a year for a couple of weeks each time.
I want to know if I can just apply for a new B-1/B-2 tourist visa to travel into the U.S. or if my husband needs to file an I-130 petition for alien relative and I-129 and K visa thereafter instead –which I understand would be the right process if I ever wanted to adjust status or become a U.S. permanent resident.
This is upto the discretion of the consulate and then again upto CBP when you land in USA. Consulates have the discretion to issue you a B visa - despite your presumed immigrant intent - if they are convinced that you will return. This is true for all cases where a B (or F or similar) visa is sought while GC is pending or could be pending.
Filed I-130 and I-485 oct 29/07,went for interview feb/08 and have not heard anything from immigration.Is this normal for USCIS.When I did infopass was told that case is under supervisory review,what does this mean.
Pretty much anything can be within the context of a case. Supervisory review means just that - a review by a senior level adjudicator. Usually, that means there is some unusual procedural or legal issue involved. The good news is that, means your case is being reviewed, the bad, we don't know for what. You can try to go through a Congressman's office to find out more if you like.
My brother got US Citizenship this month. I would like to apply Green Card using my brother's citizenship.Is it possible ? How long it will take . Now I am holding H1B.
This is usually not a feasible option. To see how long it would take, look at the Visa Bulletin:
http://www.immigration.com/newsletter/vbarchive.html
You will note that it will take more than a decade to get a green card through family-based category 4. You are not permitted to stay in the USA just because this application is pending.
Q1. Can a legal permanent resident(LPR) change career after say one year from his AOS approval to an entirely different field from the one for which his labor and his AOS was approved? Will this raise any red flags at the time of citizenship?
Q2. In other words, after receiving green card on the basis of say job in computer industry, when can one change his/her profession to an entirely different field (let say opening up a restaurant or go into real estate on full time basis) without jeopardizing the citizenship? Would waiting for one year(or some other amount of time?) after AOS approval be good enough to satisfy the "intent to work for in the field noted in labor application on a permanent basis"?
Q3. Is the person after receiving green card on the basis of employment in certain field stuck in that field for ever?
Q4. What are you thoughts in general about this scenario and how should one go about it?
A1. I see no problem with this nor do I see any red flags.
A2. Sure. Why not. Permanent does not mean forever.
A3. Not at all.
A4. Nothing else I can think of.
I am on H4 in the USA , I have applied two H1B's through two different employers (Company-A and Company-B) on Apr 1st , 2008 and both have got approved which will be effective from Oct1st , 2008.
I have the following questions
Qo1. Now I have two new I-94's through two different employers ( Company-A and Compnay-B ) plus I have my own H4 I-94 with me. Do I need to return all three I-94's if I leave the US
Ans1. Yes. I usually recommend that all I-94’s be surrendered.
I am on H1-B and I lost my job 7 days back. I have I-140 approved with Priority date 2015<br>
Do I need to inform USCIS that I lost my job and I am searching for job ? if yes how and where ?<br>
How many days I stay in USA and search Job ?<br>
My I-140 was approved 8 months ago and now my employer said that he will revoke it , what will be impact on me after he will revoke it I-140 ?
Am I able to extend my H1-B, once he revoke my I-140 ? ( my H1-B 6 years are completed) If I will go back to India and search job from India, can consulting companies transfer my H1-B in this particular situation ? or I will face complication ? Can you please suggest what all things I should do in my situation in Immigration prospect ?
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 applied for my parents in September 2019, finger printing is done and we have received a RFE for I 485. Both have Domicile Certificates, School Leaving Certificates - which states their place of birth - but does not state their parents name ( I guess in 1960's it was not a norm to have parents name in such documents). Also if we check the US Dept of State - Visa Reciprocity and Civil Document link shows that there were no Birth Certificates prior to 1970. As mentioned below - is this a sufficient enough evidence that there are no birth certificates available at the time of my parents birth?
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.
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.