Deferred Enforced Departure Extended for Eligible Liberians in U.S.
USCIS Automatically Extends Validity of Employment Authorization Documents
USCIS Automatically Extends Validity of Employment Authorization Documents
If I have 3 years of college from the UK and 7 years of professional experience, can they give me E-3 visa? The employer has given me a job offer in USA. All degree and work is in IT systems
If the degree and at least three years of professional experience are in the same field, E-3 should be available.
I have my I-140 approved(in my 6th year of H-1). But my employer is not handing the approval notice to me. I have both Receipt Number and my Labor number (starting with A.). I have filed FOIA to get copy of I-140 approval notice. I wanted to know
1) Can I transfer my H-1 to another employer by just giving I-140 receipt number to them?
2) Can my new employer use this number to file my GC and keeping the PD based on this number?
As long as your I-140 is not revoked BEFORE approval of H-1 extension/transfer, the receipt should be enough to get an extension with another employer. The priority date transfer is "automatic" and done at the USCIS level; that should not even need a receipt.
I am working for company X as a full time employee on H-1B visa. They have filed my green card and my I-140 has been improved. Company Y to hire me as a part time on W2 but I need to work as and when required. So sometime I have to work 20-3- hours in a week and sometime, I will not have work for months. I can work from home too during off hours. Company Y is going to file concurrent H-1B. I have few questions regarding my visa:
<br>
1) Will it affect my current full time H-1B with Company X<br>
2) Will it affect my green card process<br>
3) Is it ok if I don't work for months for company Y without affecting Company Y's H-1B<br>
4) If I get new I-94 through company Y, will it affect my current status?<br>
5) Will company X know about H-1B filed by Company Y?
This is not likely to work. Filing a concurrent H-1 is perfectly acceptable in this case and it does not affect your green card process, nor your current H-1. I dont know of any way an H-1 can be approved for an intermittent employment.
DHS will allow 13,999 CW-1 nonimmigrants for FY 2015
USCIS Federal Register Notice of Filing Procedures for Employment Authorization and Automatic Extension of Existing EAD for Liberians Eligible for DED.
7. What documentation and/or notice is needed when an employer undergoing Supervised Recruitment changes its attorney/agent?
This week, we have received an Oustanding Researcher approval in one day. I hope and wish we could see more of this lacrity in USCIS adjudications. Details of the case are here:
http://www.immigration.com/sample-ca...proved-one-day
Immigration.com Client Testimonial - Dr. JoAnne Woodard , Director of Sallie B. Howard School for the Arts & Education
Good morning, my name is JoAnne Woodard; I am the Founder and Executive Director of the Sallie B. House School for the Arts and Education in Wilson North Carolina for the past seventeen years. I am happy to give a reference and recommendation for the “Law Offices of Rajiv S. Khanna”.
We have been working with him for the past three years and the work that he has done for us has been Excellent. In the past, we have had a large number of immigrant teachers here at Sallie B. Howard, the entire time we have been in operation, large numbers. And we have used various attorney's over the years some good, some not so good, some very knowledgeable, some not so very knowledgeable and that resulted in complications and problems time to time, though we were able to get through those.
One of our staff members brought Rajiv's business to our attention. He actually had done some research and found a great record, well regarded, highly regarded in the industry and consultant some times for the government. It was really a Great Resume for the office. Even though he was in Washington D.C. and we are in North Carolina we took the trip up there to meet with him and to discuss what the service would be for us.
What we typically do are H-1B visas and green card petitions. And so we started out with him and found his services to be well beyond our expectations. More than that, for me I found him to be just stunningly brilliant, when it comes to the immigration laws and processes. We have had over the time some pretty difficult cases that the teacher had given upon on and we all said “wow “this is the shot in the dark to see if we can clean this part up or clear this up and get the right result. But Rajiv's folks were very confident and they always tell you exactly what you can expect. They don't promise something they can’t deliver and they were able to help us in every single case for past three years.
So, I highly recommend his company, they are people of integrity and they tell you exactly what to expect and we were pleased with their service.
There are several characteristics of the service that we get from this company that I want to point out. One is that timeliness and the responsiveness to our applications and to the conversations if we have to consult, then they get right back to us but more than that their meticulousness in which they do their work.
Everything is checked and double checked and nothing is submitted with errors and mistakes as we have experienced that many times in the past with other attorney's. I don't know if they are not as careful as they need to be sometimes or what happens but in the case of Rajiv's team they check and double check, they are careful. I don't think we ever had any application which returned or denied because of some error, even a telephone number, everything is exactly the way it is supposed to be and that means everything in this particular business when you are working with Federal government.
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
FAQ: What is the path for an entrepreneur from STEM OPT or H-1B?
Number 87
Volume X
Washington, D.C
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
This bulletin summarizes the availability of immigrant numbers during March for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
Processing Queue | Priority Date |
---|---|
Analyst Review | January 2023 |
Audit Review | December 2022 |
Reconsideration Request to the CO | March 2023 |
FAQs: Blacklisted employer, F-1, H-1B, L-1 turned back at the airport || H-1B visa and entrepreneurship: Launching a business with US citizen brother, Shareholding, Green card || National Interest Waiver standards; AI list of critical and emerging technologies focus || OPT EAD errors and typos: Eligibility for resubmission or renewal strategy? || How to calculate time: H-1B grace period; H-4 COS; H-1B transfer delays
I'm on F-1 OPT with a STEM MS Degree. If I put a startup, I will be performing my roles directly related to the degree.
1) To establish employer-employee relations would having a board of directors be sufficient during STEM OPT?
2) If I apply for EB2-NIW and get I-140 approval then can I immediately shift to other non-tech roles within my startup (CTO -> CEO) Or do I have to wait for 6 months before doing that, all the while when I-485 is pending?
3) If I shift immediately and use I-485 EAD instead of F-1 EAD, then can that lead to I-485 being rejected?
Should I wait at least 6 months before using I-485 EAD? Also, if the startup fails, does that discontinue my I-485 process having approved I-140?
There are various visa options for entrepreneurs both inside and outside the USA, between non-immigrant and immigrant visas. Non-immigrant options include B-1 for temporary business visits, the International Entrepreneur Rule for temporary parole, and treaty visas like E-1 and E-2. Immigrant visa options include EB-1 for exceptionally qualified individuals, EB-2 National Interest Waiver (NIW) for those impacting US interests, and EB-5 for investors. Overall, EB-2 NIW offers flexibility in job changes within the same field and may lead to a green card without being tied to a specific job or employer.
USCIS recently updated the following form(s):
Form I-907, Request for Premium Processing Service
02/26/2024 08:35 AM EST
Edition Date: 02/26/24. Starting April 26, 2024, USCIS will only accept the 02/26/24 edition. Until then, you can also use the 11/03/22 E and 11/03/22 editions. You can find the edition date at the bottom of the page on the form and instructions.
I am currently on an H-1B visa. I am planning to start a business with my brother who is a US citizen and needs some guidance.
1) Until the business is operational and generating revenue, can I just be a partner in the company without doing any work visa application with it?
2) Can I have more than a 50% share in that company? If so, would that impact anyhow my H-1B with the current company?
3) In the future, if I want to file for concurrent or full-time H-1b through the new company, is it difficult to get it approved if my brother and I are the partners of the company?
4) Once I am on an H-1B visa in this new company, can the company file for my green card in the EB-1 or EB-2 category?
5) Does the company need to meet any specific conditions before sponsoring for H-1B and Employee-Based Green Card such as being E-Verified or having at least few citizens before hiring non-citizens?
Owning more than 50% of a company makes obtaining an H-1B visa difficult under current regulations. This is because the H-1B is for employees receiving a base salary, and owning a majority share raises doubts about a genuine employer-employee relationship. While regulations easing this restriction are pending, they haven't been finalized yet.
However, if you're a minority partner with your brother holding the majority and the job aligns with your field, securing an H-1B (concurrent or full-time) may be possible. Unfortunately, getting a green card through this company wouldn't be feasible due to your ownership. Consider exploring the EB-1A green card category, which recognizes individuals with exceptional ability in their field and doesn't require employer sponsorship.
Can having an MS in STEM degree with an AI focus and an intention to create a high impact with it for the US along with a plan for it, be enough for NIW? Or would more qualifications typically be needed even at the current stage?
The full impact of working with emerging and critical technologies on National Interest Waiver (NIW) applications remains unclear, with potential new regulations expected by April 2024. While there's a presumption that these technologies align with national interest, you must go beyond that. Highlight the national or non-local impact of the specific work you do – whether it's responsible AI development or ensuring AI transparency. Emphasize how your work extends benefits beyond a single company, as this is essential for a successful NIW application.
My friend's F1 visa was recently revoked, and he was forced to return to India because his first employer had been placed on a blacklist. Also, he has applied for an OPT extension, which will provide him with an updated EAD, but we don't know how this would affect the process of getting the New EAD. He is working with a firm on a contract job now, but the end client which is a state gov company is considering him for Full time and can sponsor him for H1B. His old EAD expired on the 9th of January. He was traveling from India to the States on the 4th of January and was sent back. Questions: Is there any way that he could reinstate his Visa? Can the company sponsor H1B directly, if so what documents would the company need? If the H1B is picked, when can he travel back?
Being turned away at a US airport or port of entry can have significant consequences. Here's what you need to know:
Voluntary Withdrawal: If you choose to withdraw your application for admission, you avoid a 5-year entry ban but may have limited options when seeking to re-enter the US in the future.
Refusal of Admission: This comes with a 5-year ban on re-entry. In some cases, you may be able to apply for a waiver.
Fraudulent Employers: Involvement with any employer who engages in fraudulent activities can lead to a permanent ban on entering the US. It's incredibly difficult to get a waiver in these circumstances.
To avoid these situations:
Be Aware: Stay informed about potentially fraudulent employers. Universities may alert you if they suspect issues.
Consult an Attorney: If you've worked for an employer you now believe to be fraudulent, immediately consult an immigration lawyer. Your level of involvement and when you leave the employer will have a significant impact on your potential liability.
Important Note: There are currently no known successful lawsuits against fraudulent employers in these types of situations.
Could you analyze the following situation from an H-1B 6-year Max Out perspective (No Approved PERM or I-140)?
1. Employee gets laid off by her H1b employer on November 20.
2. Employee files for H4 COS + EAD through spouse on January 10.
3. Employee gets a new job on April 10 while H4 + EAD is still pending. New employer files for H1b transfer, though no premium processing.
4. H1b transfer gets approved (I-797A with I94 issued) on June 10.
5. Employee works on H1b status based on the approved petition from June 10 to July 10. H4 COS + EAD gets approved on July 10.
My questions are:
1. Does the November 20 - January 10 period (Grace Period) count towards the 6-year H1b Max Out?
2. Does the January 10 - April 10 period (pending H4 COS + EAD) count towards the 6-year H1b Max Out?
3. Does the April 10 - June 10 period (pending H4 COS + EAD and H1b Transfer) count towards the 6-year H1b Max Out?
4. Once the H4 COS + EAD petitions are approved, would the January 10 - July 10 period be counted as "Time Spend in H4 Status" based on the pending petitions that eventually got approved? If not, which period can be claimed as "Time Spend in H4 Status"?
Also, how does USCIS keep track of all this? Is it the responsibility of the employee to make the case to USCIS and claim time as "Spent in H4 Status"?
Though USCIS doesn't track H-1B time independently, it's your responsibility to claim your time accurately. Time spent legally on H-4, B-1, or B-2 after the 60-day grace period and waiting for a change of status from H-4 to H-1 don't count towards your H-1B maximum duration. When applying for extensions or status changes, you can always accurately track and report your time on different visas. Remember, this is not legal advice; consult an immigration attorney for specific guidance.
I graduated in May 2023. I'm currently working with an NGO and looking for a job. USCIS sent me my EAD with the wrong photo (typographical error) in August '23. I sent it back with the correct photo, and they sent me another EAD with the wrong photo in January '24. I also made a case to the Ombudsman, but they weren't able to assist me. Can I apply for a new EAD? (I've passed the 60 days after graduation period)
or should I use the EAD that's already there with me (with the wrong photo)?
or I can wait until EAD renewal and get EAD again How should I approach this situation?
You can continue working legally despite the EAD photo error.
Apply for a replacement EAD with a fee waiver due to the government error.
Explore the "receipt rule" for potential work authorization while waiting.
Contact USCIS to explain the situation and request expedited processing.
Remember, this isn't legal advice, and consulting an immigration attorney is crucial for the most suitable course of action.