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Section 245(k) Protection During AOS/I-485

6 years ago By Chief Editor
Question details

1. For the Yes/No questions on I-485 form, I have answered all "No" at the time of filing as I was not even aware of this situation. I have no intentions of mis-stating the fact during interview and would like to mention it. But my question is would this be considered as un-authorized employment ? Should I say I'm not sure of this but mentioning it ?<br>
2. Also, after doing some research, looks like there is an exemption based on INA 245(k) and my case seems to be falling into this. Below is the link I was referring to. Am I correct in assuming so ?

Watch the Video on this FAQ: Section 245(K) protection during AOS/I-485

Video Transcript

FAQ Transcript





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.

August 2, Recording of Free Community Conference Call (Every Other Thursday)

6 years ago By Chief Editor

Immigration.com

Nonimmigrant Visas

Green Card

Substantial transcription for video

Discussion Topics, Thursday 2 August, 2018:

FAQ: What are different wage levels for H-1B and green card jobs? || Travel outside the USA when a case is pending || The impact of the NTA memo Other: Green card renewal requirements/NTA policy || Getting promoted after getting green card || CPT and NTA policy || Past misrepresentation in immigration documents || Public assistance || Disclosing traffic tickets in naturalization || How soon can I leave after green card approval || 60 days grace period on H-1B changing status and quota issue || NTA Memo || Consequences of H-1B denial || Misclassification of H-1B job || EAD, AP and H-1B interaction || Couple applying for naturalization || Having two employers file for H-1B simultaneously || H-4 EAD

Guestbook Entry for Apoorva, United States

6 years ago By Anonymous (not verified)
Name
Apoorva
Country
United States
State
NJ
Comment

Mr Khanna and his entire team... no words to express my gratitude and thank you! One of the most professional company I have come across. I have been dealing wit Rajiv and his team since 2005 . It was a long roller coaster ride for 13 years and finally got my GC. Mr Khanna’s staff who I dealt with Suman and Bharathi .... absolutely professional and prompt with what they do for their clients!! A big thank you to Law offices of Rajiv S Khanna.

Specific Issues In The Trump NTA Policy For Denials

6 years ago By Chief Editor
Question details

I am in USA on work visa (11+ years with same company), I-140 approved from Feb 2011. My current H1 is valid till 8/20/2018, my company already applied for extension on 04/12/2018 under normal processing. If Extension denied after 8/20/2018, in how many days we have to leave USA? In how many days they will send NTA notice?

Watch the Video on this FAQ: Specific issues in the Trump NTA policy for denials

Video Transcript

FAQ Transcript





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.

What Are Different Wage Levels For H-1B And Green Card Jobs?

6 years ago By Chief Editor
Question details

I am currently on my CPT(masters student) & working as full time employee in Cincinnati, OH. I would be converting to OPT in Dec,2018. My employer is fine to file H1B for the next year. My current pay is b/w 60k-65k/annum. I heard that min wage should be 65K for H1B. And even if H1B is picked, there could be chances of rejection at the time of RFE. Will the wage between 60k-65K is ok or should it be more than 65K? I have gone through couple of other websites to explore on this. According to FLCDataCenter.com, I gave Ohio, Cincinnati(Hamilton county) and occupation as software developers, applications--it displayed 4 different wage levels. My current pay falls close to Wage Level 1 but above 60K. would it still cause any issue for H1B? Could you throw some light on this.

Watch the Video on this FAQ: What are different wage levels for H-1B and green card jobs?

Video Transcript

FAQ Transcript





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.

When to File Your Adjustment of Status Application for Family-Sponsored or Employment-Based Preference Visas: September 2018

6 years ago By Chief Editor

Are you seeking to adjust your status and become a U.S. permanent resident under a family-sponsored or employment-based preference immigrant visa? If you have not yet had a relative or employer file an immigrant visa petition on your behalf, please learn more about the Adjustment of Status Filing Process.

Travel Outside The USA When A Case Is Pending

6 years ago By Chief Editor
Question details

1. I moved from client A to client B in June. My employer filed an amendment for me now. I have my current H-1B till September 2020 when I'm with client A but my visa stamping expired last year. Can I travel while my H-1B amendment is pending?<br>
2. As my visa got expired, I have to get it stamped again. For that, should I have to go for interview again or can I do it by Dropbox?<br>
3. What will be the case if my amendment is still pending. What will be the case If my amendment is approved by then​.

Watch the Video on this FAQ: Travel outside the USA when a case is pending

Video Transcript

1. Yes, you can travel.

2. I don't know the exact local rules, but you have to go for visa stamping.

3. You should not go until the amendment is actually approved. More...

 

FAQ Transcript





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.

August 16, 2018, Recording of Free Community Conference Call (Every Other Thursday)

6 years ago By Chief Editor

Immigration.com

Citizenship and Naturalization

Nonimmigrant Visas

Green Card

Substantial transcription for video

Topics of Discussion: - Audit on the PERM process - Traffic violation for naturalization - H-1B transfer - H-4 visa interview

Clarification of STEM OPT Extension Reporting Responsibilities and Training Obligations

6 years ago By Chief Editor

USCIS is updating the Optional Practical Training Extension for STEM Students (STEM OPT) page of  the website to clarify the reporting responsibilities for participating in the STEM OPT program. Students and employers must report material changes to the Designated School Official (DSO) at the earliest opportunity by submitting a modified Form I-983. Employers must report the STEM OPT

Third Party Site Placements for F-1 STEM OPT Extensions

6 years ago By admin
 
On 17 August 2018, DHS purported to "clarify" that subject to certain conditions, placement of students engaging in two-year extension of their practical training (STEM OPT extension) at third-party sites may be acceptable if appropriate conditions are met.

A careful review of these appropriate conditions leads to the inescapable conclusion that very little has really changed.

The Impact of the NTA Memo

6 years ago By Chief Editor
Question details

Under new deportation and denial policy 2018, I have following questions if I want to renew green card after 10 years. Can green card renewal I 90 be denied because of some common errors like forgot to submit copy of old green card, or any court document ( removal proceedings canceled without prejudice). Will I get deported if GC is denied due to minor administrative error?

Watch the Video on this FAQ: The impact of the NTA memo

Video Script

FAQ Transcript





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.

Share Your Thoughts - Employment change after receiving GC

6 years ago By Chief Editor

I have worked for my US based employer (Company 'A') since 2004 on H1 after completing MS, and have applied for GC with them in 2008 in EB2. In 2011 I have relocated back to India while GC application was pending and changed my processing to 'Consular Processing'. While I was in India, I have my GC approved in November 2013 thru Consular Processing.

Citizenship and Naturalization

Re-Registration Period Now Open for Temporary Protected Status for Somalia

6 years ago By Editor

U.S. Citizenship and Immigration Services (USCIS) announced today that current beneficiaries of Temporary Protected Status (TPS) under Somalia’s designation who want to maintain their status through the 18-month extension period ending on March 17, 2020, must re-register between Aug. 27, 2018, and Oct. 26, 2018. 

USCIS Extends and Expands Suspension of Premium Processing for H-1B Petitions to Reduce Delays

6 years ago By Chief Editor

USCIS is extending the previously announced temporary suspension of premium processing for cap-subject H-1B petitions and, beginning Sept. 11, 2018, will be expanding this temporary suspension to include certain additional H-1B petitions. USCIS expects these suspensions will last until Feb.

August 30, 2018, Recording of Free Community Conference Call (Every Other Thursday)

6 years ago By Chief Editor

Immigration.com

Citizenship and Naturalization

Nonimmigrant Visas

Immigration Law

Green Card

Substantial transcription for video

Discussion Topics, Thursday,30 August 2018:

FAQ: H4 EAD based upon a prior employers I 140 approval; effect on I 140 of changing multiple employers; effect on prior I 140 if a subsequent I 140 is approved || Can I join my old employer if the H-1B transfer is denied? Filing green card through future employer || Green card based upon investment – – EB-5 || Effect on green card and naturalization of using public or government benefits || Porting priority date from EB 2 to EB 1

Other: Job titles to be used for naturalization application || How to have a spouse stay in the USA while the green card application is going on || Entering USA on H-1B approval for one employer and H-1B visa of another employer || H-1B transfer back to an approved location || Nunc Pro Tunk approval of H-1B and 212 (d) (3) waivers || EAD delays || Confusion about permanent address used || Green card holder studying abroad || Changing tourist visato a long-term visa || Correcting name errors || Repeat RFE's

PERM Labor Certification Program - Online Registration Program

6 years ago By Chief Editor

This presentation is intended for training use only and does not carry the force of legal opinion. The Department of Labor (Department) is providing this information as a public service. This information and any related materials are presented to give the public access to information on the Department’s programs. 

Click here for the presentation.

Adjustment to Premium Processing Fee - DHS

6 years ago By Chief Editor

The Department of Homeland Security (DHS) is increasing the premium processing fee charged by U.S. Citizenship and Immigration Services (USCIS). DHS is increasing the fee by 14.92 percent, the percentage change in inflation since the fee was last adjusted in 2010 according to the Consumer Price Index for All Urban Consumers (CPI-U). The adjustment increases the fee from $1,225 to $1,410.

Click here for the federal register notice.

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