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Rajiv's News Clips - US to allow faster processing for certain categories of visas and green card - The Economic Times
Published by : The Economic Times - Date: October 01, 2020
Priority date and original I-140 approval notice
I am currently on H1B visa(3rd year) and few days back I got my I-140 approved in EB-2 category. I want to know if I can change my employer and retain my priority date.
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 2020 Fee Rule Preliminary Injunction
On Sept. 29, 2020, the U.S. District Court for the Northern District of California, in Immigration Legal Resource Center et al., v.
Rajiv's News Clips - US court blocks Trump ban on H-1B, L-1 visas - The Economic Times
Published by : The Economic Times - Date: October 02, 2020
October 1, 2020 Recording of Free Community Conference Call (Every Other Thursday)
Nonimmigrant Visas
Immigration Law
Green Card
FAQs: Green card and other options for parents of US citizens || H-1B converting to H-4 and back to H-1B issues and options || H-1B and compelling circumstances EAD || How many years can I wait to file I-485 after priority date becomes current
OTHER: Two green cards processed simultaneously || Cap exempt H-1B || Impact of pay cut on H-1B and green card || Impact on priority of withdrawn I-140 || Travel to the USA during Covid-19 times || I-944 || School fee reimbursement from employer || Filing extension and change of status at the same time, etc.
Rajiv's Article - View: Trump’s Immigration - Destruction, not disruption - The Economic Times
Published by : The Economic Times - Date: October 14, 2020
By Rajiv Khanna
USCIS Forms Update
USCIS recently updated the following USCIS form(s):
Application for Civil Surgeon Designation
USCIS recently updated the following form:
Visa Bulletin - November 2020
Agency
Green Card
Immigration Law
Rajiv's News Clips - Trump administration fires another bullet on H-1B program: Random lottery to be replaced with wagebased selection process - Times of India
Published by : The Times of India - Date: October 29, 2020
When to File Your Adjustment of Status Application for Family-Sponsored or Employment-Based Preference Visas: November 2020
Are you seeking to adjust your status and become a U.S. permanent resident under a family-sponsored or employment-based preference immigrant visa?
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.
Implications of the 240 days grace period
I am on H1-B with approved I140. My I94 expired on 10th October and my H1 extension was filed in time. After 7 months of processing time I got RFE even though my employer has filed two service requests requesting to expedite the process. Regardless now that I have got the RFE there is a very high probability that I wont get a response before 240 days which is on 6th June. As far as my understanding goes I am allowed to stay even after 240 days of H1 extension waiting for the decision but not authorized to work. Is that understanding right?
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 loss of job while in AOS I-485 period
What happens if somebody on H1B loses job while in AOS ( interview done)? Can he/she be without job for an extended period of time? Does the status change to AOS automatically? Have you seen a rejection in I-485J that’s filed after change of employment under a SOC code that’s not same as earlier SOC code but Job Description is similar? What happens if I-485J is denied? Does USCIS allow a new I-485J to be filed?
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 Resumes Premium Processing for Certain Petitions
U.S. Citizenship and Immigration Services today announced that it will resume premium processing for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers, in phases over the next month.
USCIS Begins Implementing New Interactive Voice Response Telephone System
USCIS is introducing a new interactive voice response (IVR) telephone system today for English and Spanish calls to the USCIS Contact Center. The new IVR system personalizes the caller’s experience by giving the caller the ability to: