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Cap Count for H-1B Nonimmigrants for Fiscal Year (FY) 2013 Updated
The H-1B Program
U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields, such as scientists, engineers, or computer programmers.
For more information about the H-1B program, see the link to the left under temporary workers for H-1B Specialty Occupations and Fashion Models.
How USCIS Determines if an H-1B Petition is Subject to the FY 2013 Cap
Working for two companies on EAD
1. Wanted to check if on an EAD one could work for 2 companies. One sponsoring the GC (Maybe part time) and other full time.
2. Updated FAQ: I have a question in similar line. Currently I am on derivative EAD. My spouse is the main applicant and I got my EAD thru her company. She still works for the same company.
We (me and my friend) have started a company in India some time back. Now, I want to start our new office in the US. Will there be any legal implications? What kind of company I can start here.. LLC or Inc? Please advise.
1. Theoretically, you can work for as many companies as you like on EAD. My concern would be the implication that you no longer have a full time job with the sponsoring company, which is a requirement for the green card.
2. Since you are on a derivative EAD, you have even more freedom than the primary applicant. Other than an S corporation (I think that requires green card under tax laws), you can form any kind of corporation (LLC, etc.), but do check on the State law.
Working abroad while AOS pending
My self and my wife are on EAD and advance parole. My wife and I are from India.
I have to work in Switzerland on my company business for some time 6 months to a year – would that affect my EAD status in the USA. I would be working for the Swiss branch of my company.The assignment is short term 6-12 months.
This is however not the company with which I started my green card. I changed jobs when I got my EAD.
But I have several questions:
1. Can I even work abroad while on EAD status - short term, i am only talking 6-12 months. if this term is 11 months is that fine? Or do i have to work in the USA only while on EAD?
2. Do I need to maintain substantial presence in the USA while on EAD. And if so what is that term of stay.
3. Updated FAQ: My case is slightly different than the above one. Currently I am on Derivative EAD, which I got through my spouse's company. (I 485 pending and more than 180 days) I was on H1B and I got laid off in March 2009. I am still finding difficult to find a job in the US. I got an offer from a company in Canada. I know that I can work there once I get canadian work permit. My wife (main applicant and EAD holder) will be working for the same company in the US. My question is how often I can come to US with my Advance Parole? will there be any problem if I visit US often? Please advise.
1. An EAD is good to work on US soil only. If you wish to work in a third country, you have to look to their laws for work permissions. You should file an AC21 portability and make sure during your entire stay abroad you have at least your Advance Parole; preferable both your AP and H-1 visa.
2. As long as the permanent job continues to exist, there is no other requirement of presence.
3. I see no problem with visiting USA as often as you like.
Systematic Alien Verification for Entitlements Program (SAVE)
The SAVE Program provides a fast, secure and efficient verification service for federal, state and local benefit-granting agencies to verify a benefit applicant’s immigration status or naturalized/derived citizenship.
H-1B Specialty Occupations, DOD Cooperative Research and Development Project Workers, and Fashion Models
This visa category applies to people who wish to perform services in a specialty occupation, services of exceptional merit and ability relating to a Department of Defense (DOD) cooperative research and development project, or services as a fashion model of distinguished merit or ability.
Nonimmigrant Visas
USCIS Completes Random Selection Process for H-2B Visa Cap for Second Half of FY 2018
WASHINGTON— On Feb. 21, U.S. Citizenship and Immigration Services (USCIS) began receiving H-2B cap-subject petitions for the second half of fiscal year 2018.
Had the Oath Ceremony
Hello,
Last Friday I went to the Oath ceremony. It was really nicely done.
Citizenship and Naturalization
Parents Visa Denied Based on 214(b) Twice
Below is my dads background .<br>
Mom has always been a house wife & have lived in India most of her life except for 2 years in 1989 to 1991.
My dad has been working in the Yemen for a subsidiary of American company called Clorex for 10 years as a plant manager for a chemical plant(purely management job). Did an MBA 2 years prior to his retirement at the age of 56 since the company sponsored it as part of employee benefit.Since then he had been living as a retiree , now for 4 years. In between I have took them to Singapore & Malaysia .Have a permanent residence in India .He pays luxury tax for that home. Has a daughter(married and settled in a different town) and a son other than me(works and lives with them in their house) ( I work in the USA on an H1 for past 2 years).Have travel history to Saudi Arabia but not in the past 5 years.
I completely understand its the burden of applicant to prove the non immigrant Intent. But doesn't know how since both the times the officer didn't ask much .Both the times it was a joint interview .Wanted to know your comments.
Tourist visas are often denied based upon incomprehensible reasons. The most difficult reason to overcome is the 214B denial. Essentially, the consular officer says that your parents possess immigrant intent and that he is not convinced they will come back. You can ask for a supervisory review of that decision, but most of the times they don't work.
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.
EB1-A
I'm on H1B visa for very long time working for Company A. I have founded a start-up company B while in H1B, and invested in it to launch 4 free Apps in the market. My spouse is having H4 EAD, and I hired her as Director to oversee the business, bank account etc. These Apps are very innovative and globally received lot of recognition. Now I have plenty of Media reports based on my Apps. I also wrote Innovative Articles that are accepted by Science and Engineering Journals about these inventions. I have 4+ qualifying criterias for EB1-A. So far I can confirm that I never made a $ out of these Apps or from my investment.<br>
Am I eligible for EB1-A, as I would like to make more more innovative and problem solving Apps, that would create jobs in the market.
EB-1A category requires a two-step analysis: quantitative and qualitative. In the quantitative analysis you must meet 3/10 requirements, or equipment. In the qualitative analysis, which is performed after that, your resume, in an overview, should look like that of a person who is one of the top people in your profession.
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-130 Application For Mother and Father
I would like to apply for green card for my mother and father. am a US citizen, they will be coming to US in next month on tourist visa. How long will I have to wait (day/months) after they land in US, before I can file for their green card.? Also, if law changes for so called "chain migration", can that law be retroactive for applications in the que? Any comments on that would be appreciated.
Your parents must not have a preconceived intention to file for a green card. I have covered this issue in a bunch of our frequently asked questions. Please take a look. In the USA, ex post facto laws are considered to be unconstitutional.
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.
Re-Registration Period Opens for Syrians with Temporary Protected Status
Work permits expiring March 31 are automatically extended through
Reciprocity: What's New?
Nonimmigrant visa applicants from certain countries/areas of authority may be required to pay a visa issuance fee after their application is approved. These fees are based on the principle of reciprocity: when a foreign government imposes fees on U.S. citizens for certain types of visas, the United States will impose a reciprocal fee on citizens of that country/area of authority for similar types of visas.
International Travel as a Permanent Resident
1. What documents do I need to travel outside the United States?<br>
2. What documents do I need to present to reenter the United States?<br>
3. Does travel outside the United States affect my permanent resident status?<br>
4. What if my trip abroad will last longer than 1 year?<br>
5. What if I lose my green card or reentry permit or it is stolen or destroyed while I am temporarily traveling outside of the United States?
1. In general, you will need to present a passport from your country of citizenship or your refugee travel document to travel to a foreign country. In addition, the foreign country may have additional entry/exit requirements (such as a visa). For information on foreign entry and exit requirements, see the De
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 02/28/2018)
PERM Processing Times (as of 02/28/2018)
Green Card
Immigration Law
Form N-470
You stated : "The Form N-470 must be filed before the person departs from the United States except religious workers who may apply before or after departure, or after return to the United States. The religious workers are not required to have lived in the United States for a specific period of time prior to the filing of N-470. Similar exception is granted to alien members of the U.S. Armed Forces. In such cases the LPR employee who filed N-470 is considered physically present in the US during such employment abroad and does not need a reentry permit."<br>
Does that mean a religious worker does not have to spend a full one uninterrupted year of physical presence in the US? If a religious worker can apply any time and once approved, all time spent outside of the US will be counted towards his naturalization qualification, it means that religious worker doesn't need to be physically present for a full year at any time prior to applying for his/her citizenship, correct?
The law says:
1. Generally, you must have been physically present and residing in the United States for an uninterrupted period, without any absences, for at least one year after your admission as a lawful permanent resident before you can file Form N-470.
2. You do not have to be in the United States to file Form N-470, but you must file it before you have been absent from the United States for a continuous period of one year.
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-864P, HHS Poverty Guidelines for Affidavit of Support
This form is used to determine the minimum income requirement needed to sponsor most family-based immigrants and some employment-based immigrants to show that they have adequate means of financial support and are not likely to rely on the U.S. government for financial support.
March 8, 2018, Recording of Free Community Conference Call (Every Other Thursday)
Immigration.com
Nonimmigrant Visas
Discussion Topics, Thursday 8 March 2018:
FAQ: Change of status to student F-1 while green card is in process || H-4 EAD termination and converting to H-1B ||If H-1B transfer is denied, can go back to my old employer? || When does AC21 job portability begin? || Can H-1B be extended through a new employer while the I-140 is in process? || Which jobs can qualify for an H-1B visa? || EB-1C for functional managers - overseas team inclusion || The 180 rule for priority dates/H-1B extension || Leave without pay for H-1B / Status
Other: When is an H-1B amendment required? || Errors in H-1B, amendment || L-1A working in multiple countries || Extensions of OPT when there are accreditation issues with college || I-140 approved changing jobs; no pay stubs applying for H-1B || Status of H-4 if H-1 is rejected || H-1B transfer issues where old H-1 revoked || Concurrent H-1B || Duration of H-1B based upon project duration varying through different vendors in the chain of contracts ||
Visa Bulletin - April 2018
Number 16
Volume X
Washington, D.C
Agency
Green Card
Change of Status to Student F-1 While Green Card is in Process
My question is about switching from an H-1 to F-1 visa. My six years of H-1 expires in March 2018. I have received an offer for a Phd. at Stanford (starting Aug. 2018) that happens to be one of my dream universities. My employer applied for a PERM back in August 2017, it has not been approved yet. Does the filing of PERM interfere with getting an F-1 visa. I know you’ve answered this question in the past regarding an I-140 and I understand that my chances with just a PERM are slightly better ?
Watch the Video on this FAQ: Change of status to student F-1 while green card is in process
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.
USCIS Processing Time as of 03/19/2018
USCIS generally process cases in the order they receive them. The link below provides you an estimate of how much time the office handling your case currently takes to process your type of application, petition, or request.