Citizenship Interview Story
I had my interview today morning (2/6/2012) and I got "Congratulations, your application is recommended for approval." letter at the end .
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Working for two companies on EAD
Question details
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
Question details
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.
USCIS Updates Policy on DNA Evidence in Support of Sibling Relationship
USCIS has updated its policy on the acceptance of DNA evidence supporting sibling relationships. This policy memorandum permits officers to suggest and consider direct sibling-to-sibling DNA test results, and provides standards for evaluating DNA results for full siblings and half siblings.
H-1B and Green Card Transfer From a Non-Profit Organization to For-Profit
Question details
I am currently working for a Non-profit org on a cap-exempt H-1B. and my company initiated my GC processing. Below are the few questions:<br>
1. Is the GC processing any different thru a non-profit from a for-profit organization? meaning, is it any advantageous to process my GC thru a non-profit?<br>
2. Can my I-140 from a non-profit be transferred to a for-profit org, if I was able to move to a for-profit org?<br>
3. What are the possible ways that I could move to work for a for -profit organizations? From your previous calls and thru my research I found out below few ways that I could to that. Please give your inputs<br>
a. Finding a profit employer to file my cap-subject H1 (Can I start working for my new employer as soon as my H1b is picked in the lottery or approved, instead of waiting till Oct 1st?)<br>
b. If a new employer sponsor my cap-subject H1 and if I dont move to the new employer, will my current cap-exempt H1 be still active and should I have to go under the cap next time I file a Cap-subject H1<br>
c.applying for concurrent H1b<br>
d. Moving on to H4EAD and filing a H1b next April<br>
e.Joining a Masters CPT college and filing a Cap-subject H-1B next year
Video Transcript
1. The answer is No. There is no advantage in going through for-profit or non-profit that's just irrelevant.
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.
Update to Form I-212
USCIS recently updated the following USCIS form(s):
Filing EB-5 Investor Case With a Promissory Note Secured by Property In a Foreign Country
Question details
Is it possible to file EB-5 with 200 cash & 300K secured promissory note to be paid in next two years against Indian property?
Video Transcript:
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.
At What Stage Should I Join My Future Green Card Employer?
Question details
My future employer is planning to file my GC PERM in the month of May 2018. Also I have PERM in process from my current employer.
Is it advisable to join the future employer before filing the PERM or after the PERM is approved or after I-140 is approved.
Basically need to know at what stage of the GC process I can join the future employer.
Does my joining the future employer impact the GC approval process (getting PERM approval, I-140 approval).
Watch the Video on this FAQ: At what stage should I join my future green card employer?
Video Transcript:
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.
Visa Bulletin - June 2018
Visa Bulletin For June 2018
Agency
Green Card
May 10, 2018 Recording of Free Community Conference Call (Every Other Thursday)
Immigration.com
Citizenship and Naturalization
Nonimmigrant Visas
Green Card
Substantial transcription for video
FAQs: - Effect of I-140 revocation on priority date - H-1B extensions through any employer - Is there any law to provide legal stay to the parent of US citizen child with disability? - Status of off-site placed STEM OPT extension students - how does one change status while within the United States?
USCIS to Recall Incorrectly Dated Green Cards
On May 14, 2018, USCIS will begin recalling approximately 8,543 Permanent Resident Cards (also known as Green Cards) due to a production error. The Green Cards were for approved Form I-751, Petition to Remove Conditions of Residence for spouses of U.S. citizens. The cards were printed with an incorrect “Resident Since” date and mailed between February and April 2018.
USCIS Completes Data Entry of Fiscal Year 2019 H-1B Cap Subject Petitions
USCIS has completed data entry for all fiscal year 2019 H-1B cap-subject petitions selected in the computer-generated random selection process. USCIS will now begin returning all H-1B cap-subject petitions that were not selected. Due to the high volume of filings, USCIS cannot provide a definite time frame for returning unselected petitions.
Child Turning 21, Immigration Consequences for Pending Green Card Cases
Question details
I am on H-1 Visa and my son is on H-4 visa. He is 17 years(studying 11th grade). I wanted to know whether i need to change the visa status at the age of 21. If so, the green card processed by my employer for him will still be valid or not. Also, if he goes to India for studying his degree for like 4 or 5 years, will the green card processing for him will be valid.
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.
Guestbook Entry for Poonam Vaiude, United States
Name
Poonam Vaiude
Country
United States
State
Virginia
USCIS Policy Manual Updates
EB-5 Tenant Occupancy
Automatic Termination of Optional Practical Training for F-1 Students If They Transfer to a Different School or Begin Study at Another Educational Level
USCIS reminds F-1 students on Optional Practical Training (OPT) that transferring to another school or beginning study at another educational level (for example, beginning a master’s program after completing a bachelor’s degree) automatically terminates their OPT as well as their corresponding employment authorization document (EAD).
Effect of I-140 Revocation on Priority Date, H-1B Extensions Through Any Employer, etc.
Question details
I have my I-140 approved in 2015 and its beyond 180 days now with Employer A.
<br>
If I move to Employer B
a) Consider that Employer A revoked my I-140<br>
b) Please help to confirm will it possible to get multiple extension with previous 180 approved.<br>
c) Even if Employer B doesn't file a Green Card (Labor then I-140)... Can I get multiple extension with Employer A approved I-140
FAQ: Effect of I-140 revocation on priority date, H-1B extensions through any employer, etc.
Video Transcript:
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.
USCIS Policy Manual Update
USCIS is issuing policy guidance in the USCIS Policy Manual regarding the Child Status Protection Act. The Policy Alert is available here:
Update to Form I-129CW
USCIS updated the following USCIS form(s):
Update: Form I-751, Petition to Remove Conditions on Residence
Due to a processing error on May 4, 2018, USCIS mailed a number of biometric services appointment notices with incorrect Application Support Center (ASC) locations to petitioners who filed Form I-751, Petition to Remove Conditions on Residence.
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