Discussion Topics, Thursday, October 28, 2021:
FAQ: Change of jobs with an approved I-140 from employer A and Reapplying PERM through B || Impact of reportees outside the U.S. or in third countries on L-1A and EB-1 petitions || Are L-1B visa holders eligible to work remotely? || Approved EB-2/EB-3: Interfiling/upgrading to EB-2 with employers A and B || Working outside the U.S. for four months with a recently issued green card || Documents needed by and anticipated questions for green card holders at the port of entry
Discussion Topics:
I am a G.C. holder and will travel next month and plan to return to the U.S. in December. What documents do I need to carry and show at the port of entry when I return to the U.S.? What questions does a CBP officer usually ask a green card holder at the port of entry? Do I need to carry tax returns, pay stubs, W-2, and previous H-1B documents ( I was in H-1B before I got G.C.)?
If it is less than six months, all you need to carry is your green card and passport. If you have any evidence of continued employment, for instance, a couple of W-2's, scan them and put them on the cloud. You can show them to the Customs and Border Protection (CBP) officers if asked. Usually, for exits of less than six months duration, the scope of the CBP inquiry is limited. I doubt you will be asked any questions.
Note: Where transcribed from audio/video, 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.
We successfully responded to an H-1B request for evidence (RFE), questioning the beneficiary’s maintenance of status. The beneficiary’s previous employer (Employer A) had submitted an H-1B extension. While the petition was pending the beneficiary’s nonimmigrant status expired. An RFE was subsequently received by Employer A, and following the filing of a comprehensive RFE response, the petition was denied.
We assisted petitioner, a public accounting firm, in filing an H-1B petition for beneficiary for the position of staff accountant. We received an RFE requesting additional evidence that the position qualified as a specialty occupation by satisfying at least one of the four qualifying criteria for a specialty occupation. In our lengthy response, we argued that the job duties, as detailed in the petition, and as compared with OOH’s job description for staff accountant not only comports with but goes beyond OOH guidance in its uniqueness and complexity.
We filed an H-1B extension for a specialized medical practice on behalf of a physician who had completed a fellowship in this specialty. We subsequently received a Request for Evidence questioning whether his position satisfied the requirements for a specialty occupation and questioning his current immigration status.
We were approached by an employer in the health and wellness industry to respond to an RFE (Request for Evidence) for an Operations Research Analyst. The RFE indicated that the job duties were vague, and did not allow Service to ascertain the minimum requirements for the position, or determine whether it constituted a specialty occupation. We responded with considerable detail, elaborating on the job duties and providing considerable context about the employer and the strict FDA (Food and Drug Administration) regulations that they are required to operate under.
In this case we assisted a client whose employee, with a valid H-1 visa stamped in this passport, traveled outside the U.S. and was unable to return due to the COVID 19 travel restrictions. We prepared a comprehensive letter with details about the petitioning employer, the specific project that the employee would be assigned to, and the urgency of the employee’s presence in the U.S., to the consulate requesting consideration under the National Interest Exception (NIE) for business travel to the U.S. for vital support of the U.S.
We assisted a client company, who develops its own software products and provides related consulting services in filing an H-1B petition to employ a software developer. An RFE was issued requesting additional information regarding the employer, and additional documentation to show that the beneficiary was engaged in a valid curricular practical training (CPT) and was maintaining a full course study in a master’s degree program at a U.S. university at the time of filing.
We just did recently receive our US Green Card (EB2) for both my wife and me. Keeping all those melodrama apart, in short, is extremely pleased and has no words to express ourselves. We want to thank everyone working with Law Offices of Rajiv (Immigration.com) and especially Mathew, Suman-Ji, Bharathi, Anna, Rita and last but not the least Rajiv himself. On a true note, they are extremely professional and super prompt in answering any of your stupidest questions on Immigration. Rajiv is extremely desperate in taking cases through to positive destiny using and interpreting every piece of immigration law that according to me, a lot of his competitors would try and avoid.
In last 6-years they have done our multiple successful H1B/H4 renewals, this Green Card case, and hopefully would be the one helping us on our US Citizenship process, about 5-years from now.
All of you guys out there, if you have any immigration issues, and want a little piece of mind, please do not wait. schedule an immediate appointment with them and be happy from thereon.
Just for information, our US born baby girl is about 2.5 months old now. Once she grows up a bit, would surely want to pay them a visit. We wish them all the very best as of now and in future.