The GOP has announced the following principles for immigration reform. Most observers including this writer are encouraged by the willingness of GOP to address the immigration reform issues. These represent a broad overview and perhaps a point of departure from where detailed bills can be crafted in a manner acceptable to all stakeholders. My comments are enclosed in HTML quotes.
This is an explanations of the above news story and that it has no direct effect on DREAMers.
Discussing allegations of fraud and consequences when a short term visa holder tries to convert to green card or another long term visa from within the US.
Here is a series of questions that should be relevant for many people:
USCIS' Fraud Detection and National Security (FDNS) office has recently explained the three types of site visits that are currently being conducted:
1. Risk Assessment Program fraud study (RANDOM VISITS). This is a joint study by USCIS and ICE applicable to both family-based and employment-based cases. Cases are chosen for randomly for review and site visits usually after a case is approved. The purpose of this study is to build a profile of the types of cases where fraud is most prevalent.
Has USCIS clarified the distinction between unauthorized employment, failure to maintain status, and unlawful presence.
USCIS has provided the following clarification:
I have read that in some cases of H1B as follows "They had H1 petition and H1B visa was stamped in 2012 but they never traveled to the US on that. And when a new employer applied for a cap-exempt H1B petition in 2017 they got it approved with change of status to H1 in May 2017...Whereas in my case I also didn't use this H1B visa and I even didn't travel to US i.e. My employer filed H1B in 2016 which got approved in Sep 2016 and after my resignation, they revoked H1B in Nov 2016 (which is > OCt, 1 2016), but I got a Denial. When contacted few attorneys they said I may get "Approvals" Or "Deny" in such cases, nowadays its more of details saying I am NOT cap exempt?
The first principle is if you are in the United States and you do not get a change of status you are not exempt from the quota. The second principle is if you are outside the USA and you don't get a visa stamp you are not exempt from the quota. Now in both these cases whether you join the job or not is irrelevant. So the third principle is whether you are joining the job or not is irrelevant.
If you are in your home country you must get a visa stamp if you don't, you are not exempt from the quota. If you are in the USA you must get a change of status otherwise you are not exempt from the quota. Hence principal number four is that if your approved H-1 is revoked before October 1st then you are still subject to the quota and the last principle is if your H-1 is revoked for error or for fraud or misrepresentation you are still subject to the quota.
My interaction with Rajiv dates back to March 1999. I was in a very difficult situation, had to change employer in the first one month of my entry into US. I was not on the payroll, as a result I did not have paystubs. Rajiv helped with a 60 day rule, filed my H1 B petition within first 60 days of my entry in US, at an unbelievable pace. The best part, Rajiv’s unique insight and understanding of the law and applying to specific immigration situation., I am a US citizen and living the American dream as a first generation American of Indian origin. Last seven years I have been running a company. When I look back in time, the best thing I did was to seek the right professional help. For any immigration needs the only name that comes to my mind is the law offices of Rajiv, S Khanna. Ganesh Venkatraman