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Status of the H-4 EAD regulations
Question details
Status of the H-4 EAD regulations
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://www.youtube.com/watch?v=sXq6DaDK7AA#t=93
FAQ Transcript:
This FAQ is about H-1 quota, how does H-1 quota work?
I think this is an issue important for many people.
Question: I am on L-1 A, If I get H-1B this April, is it mandatory to work from October 1st. Can I continue on L-1A and then change to H-1B when I like.
DOJ Releases a Flyer, “How Employers Can Avoid Discrimination in the Form I-9 and E-Verify Processes"
Justice Dept. released a flyer, “How Employers Can Avoid Discrimination in the Form I-9 and E-Verify Processes,” which provides guidance in completing Form I-9 and E-Verify processes.
Please check attached document for information.
USCIS Finalized the H-4 EAD Rule
U.S. Citizenship and Immigration Services (USCIS) Director León Rodríguez announced today that, effective May 26, 2015, the Department of Homeland Security (DHS) is extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident (LPR) status. DHS amended the regulations to allow these H-4 dependent spouses to accept employment in the United States.
H-4 EAD Rule (Updated As of Nov 10, 2016)
Permanent residency in more than one country
Question details
If a GC holder applies for permanent residency in another country (say Canada or Australia) is that automatically considered an abandonment of the GC here in the US? I am getting a very good job offer in Australia and would like to go try it out for a few months to see if its a good fit.
FAQ Transcript
FAQ Transcript:
The question here is can I have permanent residency in more than one country?
Yes. You can. I can only comment about USA. I don't know about other countries, so if you have a Green Card in the United States there are possibilities you have a Green Card in U.S. and you have permanent residence for Canada as well. But in fact you stay in USA permanently, you work here, you stay here we really don't care what other permanent residency you have. So if as a matter of fact you are living in the United States we don't care how many other permanent residency you have.
If on the other hand, you quit your job, go to other country and take permanent residency there, it can be an issue for your Green Card here in the United States. Government can ask you, what is your intention. I would advice you to take detail consultation with your lawyer and make sure your particular circumstances covered. I think re-entry can be applied to protect your Green Card. But in that case getting a permanent residency in a third country may not be very good idea. However temporary visa would be OK specially when combined with re-entry permit, Form I-131 and or N-470 to preserve your Naturalization.
So look into that before you make any firm plan. As a theoretical matter if you are permanent resident of USA and you are living here we don't care how many other permanent residency you have.
Procedure for Porting a Priority Date from One I-140 to Another
Question details
I have two approved I-140`s in EB-2 from two different companies with same A# on them. One with 2009 PD and other with 2011 PD. I am working for the company with 2011 PD . 2009 case was approved after the 2011 case so we could not port the date at the time of filing for 2011 case I-140. Now my question is do I need to file for amendment to port the 2009 date? Or am I eligible for filing I-485 without the I-140 amendment? Both I-140's are alive and employer did not withdraw any of them.
FAQ Transcript
PD (priority date) date transfer is supposed to be automatic. We don’t have to do anything about it and it is my understanding what USCIS does is they do periodic sweeps in fact several times a month. They do a sweep like queries of their database and whoever is entitled to whichever priority date at the earliest they automatically assign that to you. So if you have one I- 140 approved earlier another I-140 going on or approved they will automatically assign you the earliest priority date to which you are entitled. That may or may not reflect in your approval though. So just because it does not reflect in your approval it doesn’t mean that you are not going to get the earlier priority date. You can confirm it by opening a service request. You can confirm by asking them your priority date.
Hence the answer is you are eligible for filing I-485 automatically when the 2009 date becomes current. All you have to do is attach a copy of the earlier approval notice with it along with the current approval and you should be fine.
Filing PERM using experience gained with same employer
Question details
I am working for company A, last three years. In order to file green card I need to use my current experience(3 years) as I don't have previous experience to prove. Can I leave the current job from company A, go to another company(company B) and work for few months in ( company B) and go back to my previous company(company A) so I can use the three years experience for GC process? How long I have to be out of company A to use that three years experience?
FAQ Transcript
Answer is No, unless you meet the following requirements. If the job being offered to you as a Green Card job is more than 50% qualitatively different than the software engineer. If you join as a software engineer you got 3 years of experience then next job offered is Project Manager for example where more than 50% of your time spent in managing projects not a hands on architecture or development. Now you can use the experience you gained because job offered is different than the job you had before. There is common sense reason for it. When you joined this employer you had zero experience, after three years employer claims that they require 3 year experience for the same job. USCIS or DOL would want to know what changed that their requirement changed.
H-1B lottery layoff before start, Automatic status change, Multiple filings, and Traveling
Question details
Case: Picked for H1B lottery.
- What happens if the company lays off after June but before October 1? Would I stay on my current visa status? Or will I be on H1B but with a 60-day timeline to find the next job?
- Does the status automatically change to H1B on Oct 1? or does immigration require paystubs for a couple of weeks to prove our employment?
- If I file the petition with two companies separately, how will immigration decide which one to approve? Will they approve both?
- Are there any travel restrictions from June to Sept
FAQ Transcript
In this scenario, you won't be on H-1B status with a 60-day grace period to find a new job.
Layoff during Self-NIW application, changing jobs with NIW not yet filed, pending or approved
Question details
I started the self-NIW application while working with employer A, but for some reason, I could not file the petition. Later I got laid off from employer A and now I'm working with employer B.
I want to restart the NIW application. Questions:
1. Since I got laid off with employer A, will that be a challenge/red flag in my petition?
2. It's only been one month with employee B. Shall I wait some time at company B to restart my NIW application? or doesn't it matter?
FAQ Transcript
Answer 1. Being laid off is not a challenge/red flag.
Answer 2. There's no reason it should be. You don't need to wait to restart the application. You can file it even though you've only been with employer B for a month.
What is Cap Gap Extension? How does it work?
Question details
1) Is H1B cap-exempt to H1B lottery-based considered a change of status?
2) If I currently have an H1B cap-exempt visa and am filing for an H1B petition in June, when can I not travel outside of the US - from now to June, June to Petition Approval, or from Petition Approval to Oct ? My current H1B visa would be valid until Nov.
FAQ Transcript
Yes, potentially. It allows you to work while your STEM OPT expires (April 30th in your case), and your H-1B petition is pending, extending your work authorization until October 1st.
Visa Bulletin For June 2024
Number 90
Volume X
Washington, D.C
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
This bulletin summarizes the availability of immigrant numbers during June 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.
Agency
Green Card
Immigration Law
USCIS Celebrates Its Employees During Public Service Recognition Week
Release Date
WASHINGTON — U.S. Citizenship and Immigration Services is honoring its dedicated workforce during Public Service Recognition Week (PSRW) 2024. Celebrated annually during the first full week in May since 1985, PSRW is a time set aside to honor those who serve the nation as federal, state, county, and local government employees.
USCIS Celebrates National Teacher Week
U.S. Citizenship and Immigration Services (USCIS) has a collection of helpful resources and free study materials to help educators who teach adult citizenship education classes. Visit the USCIS Citizenship Resource Center to help find materials that can help you build curriculum and supplement classroom study materials.
Centralized Intake Processing of VAWA Self-Petitions and Related Filings at the Nebraska Service Center
Release Date
Effective April 1, 2024, USCIS centralized the intake process of Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, and related filings under the Violence Against Women Act (VAWA) for self-petitioning abused spouses, children, and parents at the Nebraska Service Center.
USCIS Clarifies Policy on Location of H-3 Training
Release Date
USCIS has issued policy guidance in the USCIS Policy Manual clarifying when H-3 nonimmigrants may participate in training provided on the property of an academic or vocational institution.
USCIS Forms Update Notice - Form I-941, Application for Entrepreneur Parole
USCIS recently updated the following USCIS form(s):
Form I-941, Application for Entrepreneur Parole
05/06/2024 09:40 AM EDT
Edition Date: 05/06/24. Starting July 8, USCIS will accept only the 05/06/24 edition. Until then, you can also use the 04/01/24 and 07/21/22 editions. You can find the edition date at the bottom of the page on the form and instructions.
For more information, please visit the Forms Updates page.
Guestbook Entry for Great team!, United States
Name
Great team!
Country
United States
State
Virginia
PERM Processing Times (as of 5/01/2024)
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | April 2023 |
| Audit Review | December 2022 |
| Reconsideration Request to the CO | April 2023 |
Agency
Green Card
Immigration Law
Recording for May 09, 2024 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
Immigration Law
Green Card
Discussion Topics:
FAQ’s: EAD delayed - options || Benefits of National Interest Waiver
Benefits of National Interest Waiver
Question details
Two general questions,
1. What are the benefits of filing an EB2 NIW for a person whose I-140 has already been approved by an employer in the same category apart from NIW, not depending on your employer? Also, can you get your I140 approved priority date to your NIW?
2. Is it possible to renew the H-1B visa stamp before expiration? For example, if my H1B expires on November 1st and I apply for a visa stamp in October with approved extension I797, Would I be able to renew it?
FAQ Transcript
While an approved I-140 with an employer offers some benefits, an EB-2 NIW grants portability - you can keep your green card across job changes in your field. It also allows extending your H-1B past the 6-year limit and enables your spouse to work and travel with you. For those with backlogged priority dates (e.g., India), NIW can help with I-130 petitions in specific situations. If your I-140 is approved already, the main advantage of NIW becomes self-sponsorship. Finally, you can renew your H-1B visa stamp before expiry, though consulate lead times (like four months) might apply.
EAD delayed - options
Question details
If EAD approval is delayed and the employment is no longer valid unless the EAD is received by USCIS, then the employer has to terminate the employee. Can the company send the employee on leave without pay temporarily until the EAD is received? Both can be done, and it is up to the company how they want to handle the case.
FAQ Transcript
The employer can put the employee on unpaid leave to avoid unauthorized work. Termination is also an option but not mandatory. The company decides between leave and termination.
May 24, 2024, Rajiv in QnA session on behalf of students, young professionals
Immigration.com
Nonimmigrant Visas
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
Rajiv and his team do an excellent job of keeping our company compliant and our employees legal! We've had numerous bumps in the immigration road, and they've always been able to help us get past them. They are an invaluable partner to our business!