Rajiv's Article - Biden administration begins reversing Trump's damage on H-1B and immigration
Published by: The Economic Times - Date: January 21, 2021
Published by: The Economic Times - Date: January 21, 2021
FAQs:
I-485 AOS filed - Maintaining H-1B status after getting EAD/Changing jobs after I-485/Being unemployed/Start own business, etc. (Filed for I-485, EAD, AP along with EB-2 to EB-3 I-140 downgrade)
Other Topics :
Maintaining green card status outside the USA during the COVID-19 pandemic || Filed for I-485, EAD, AP along with EB-2 to EB-3 I-140 downgrade and maintaining H-1B status after getting EAD || Receiving green card in a few months on the EB-1C/L-1A route and consequences of changing jobs or leaving job immediately after green card approval || H-1 Visa Laid-Off repercussions, F-1 pending - 60 day grace period || Investing in real estate property, stocks and day trading in the USA with an LLC || Employer not willing to file I-824 to support filing Adjustment of Status (AoS) || Currently on J-1 visa and PERM application is in process: Type of waiver, if needed, to present for same-sex spouse who is on J-2 || H-4 to F-1 and biometrics appointment schedule || H-1B Cap exempt and spouse on H-4 EAD seeking a job || Unemployed on H-4, filed I-485 AOS as a Principal Applicant with Supplement J || How to ensure application in process and get A#. || Spouse currently studying on H-4, applying for her F-1 Visa. Both I-140s approved. Will not going on an H-4 EAD create issues? || Applying for citizenship for Parents with green card and continuous residence issues || F-1 visa expires while waiting for marriage-based green card.
I have filed for I-485,EAD,AP along with EB2 to EB3 I-140 downgrade in October 2020. Got the receipt notices.
1)After 6 months of I-140 approval & I-485 pending with USCIS. Once if I switch job to new employer and use my EAD,AP. Should I have to ever come back to my employer (who sponsored my green card)before I receive green card or after I receive green card for any duration of time anytime?
2)What happens if I stay unemployed after using EAD for some days before I receive the green card? Is my I-485 automatically denied?
3)Is it possible for me to go back to EB2 line with same employer if I start using EAD and AP based on EB3 downgrade I receive?
4)Is it possible to start a company on my own using my EAD and work for my own company till I receive green card? If yes, then say I am working project to project basis consulting do I need to file any other documentation?
5)Why do people maintain H1B status even after getting EAD. Only risk I understand is I-485 denial. But if everything is clean and clear with respect to I-485 why do candidate needs to keep maintaining H1-B visa.
6)What are the risks for EAD and AP renewal. Does the candidate need to prove anything related to job/salary etc any time for renewing EAD and AP each time till I get green card.
Video Transcript
1. The answer is no. But if you want to you could.
2. AC21 protects you from these layoff periods and periods between changing jobs.
3. No problem.
4. Try to not open with your own company. But if you have to and you're stuck in a situation, talk to a lawyer.
5. If the I-485 gets into a difficult situation having an H-1B is a good safety device.
6.You don't have to prove job salary to get these renewals. FAQ in detail...
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.
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.
New fee allows USCIS to recover the costs of processing immigrant visas after individuals receive their visa packages from the Department of State abroad
Hi all,I wanted to share my wife's N400 interview experience which had lots of continuous residency issues. it is thanks to this forum's contributions that we decided to apply anyway in spite of the fact our own lawyer advised us against it. and she got approved and had her oath on the very same day!
I am on H-1B visa and my wife just received her H-4B. She is not allowed to get SSN as this is only for people who allowed to work. I need to get her TIN (TAX Identification Number) but not sure where to start as I have been told she needs TIN for Driver licensing and open Bank account.
1.I am in India and my I-20 has been terminated. What should I do to reenter in the United States?
2.Can I reenter the United States with an I-20 issued by a private university for a full time course and not by public university?
1. You will have to look for another school/visa.
2. As long as the school is authorized to issue I-20, you can apply for an F-1 visa. But make sure the school is not running into problems like Tri-Valley University did.
Visas for Domestic Employees of B, E, F, H, I, J, L, O, P, and Q Visa Holders and U.S. Citizens Temporarily Assigned To The United States (B-1)
A Continuing Legal Education seminar delivered by Rajiv S. Khanna. This information is relevant for lawyers and business/HR management professionals. This seminar was presented for American Law Institute/American Bar Association and Lawline.
[Federal Register Volume 78, Number 20 (Wednesday, January 30, 2013)]
[Proposed Rules]
[Pages 6263-6269]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-01555]
---------------------------------------
DEPARTMENT OF STATE
22 CFR Part 62
[Public Notice 8163]
RIN 1400-AD28
Exchange Visitor Program--Fees and Charges
AGENCY: U.S. Department of State.
ACTION: Proposed rule with request for comment.
We filed my H-1B petition using premium processing and now we received an RFE. How much longer will it take before USCIS makes a decision now?
When USCIS issues an RFE, they give a date by which the response to the RFE must be received by USCIS. Once USCIS receives the RFE response, the 15-day clock starts again for you to receive a decision from USCIS. This decision can be an approval, a denial, a notice of intent to deny (NOID), or USCIS could issue a second RFE.
USCIS published improved forms in easier-to-use formats and with new data collection technologies:
USCIS has launched a new Form Improvements Initiative Web page which explains the types of improvements in the initiative, introduces recently published and upcoming forms, and links to each form’s landing Web page. You’ll also find information related to form improvement initiatives, including enhanced Web content (i.e., posting filing addresses and detailed fee information on form landing pages) and filing reminders.
AAO Processing Times as of February 1, 2013 |
|||
Time |
Case Type |
||
I - 129 CW |
CNMI-Only Nonimmigrant Transitional Worker |
Current |
|
I - 129 F |
USCIS will conduct system maintenance on Thursday, Feb. 7, 11 p.m. to Friday, Feb. 8, 5 a.m. EST.
During this time, the following on-line tools will be unavailable:
For immediate change of address needs during the outage, we suggest you submit the form manually.
What is the SEVIS Form I-20?
Foreign exchange students will receive a Form I-20 from the DSO of the educational institution that accepted the student to study in the United States. That student must have a Form I-20 to apply for a visa, to enter the United States, and to apply for benefits.
Is a Form I-20 valid without a stamp?
Yes. A stamp is not required on the Form I-20. Some state and federal agencies require foreign students to present a Form I-20 to identify the end date for the student’s program. However, a stamp is not required for this purpose.