Rajiv's News Clips - US dept relaxes ban for H-1B and L-1 workers returning to the same job; national interest exceptions also carved out - Times of India
Published by : The Times of India - Date: August 13, 2020
Published by : The Times of India - Date: August 13, 2020
My employer ended my employment due to COVID reasons on May 31, 2020 but I never received an official termination letter. Calculating the grace period depending on the assumed termination date mentioned above, I have till July 30 to find a new job. Should my new employer give me an offer or start the H1B transfer application before July 30? What happens if they fail to do so in time? Can I extend the grace period on the basis of having an offer in hand or maybe because of the pandemic? My final interviews with potential employers are being withdrawn because of the time restriction.
Watch the Video on this FAQ:
H-1B no notification of termination, 60 days grace period, etc.
Video Transcript
File a complaint against the employer with the Wage and Hour Division of the U.S. Department of Labor by filling up the form WH-4. You can also call them.
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.
After H-1B transfer is approved with the new employer, how long do I have to decide if I can to join the new employer? Can I join after 90 days of H-1B transfer approval? Is there a deadline?
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.
Published by : Deccan Herald - Date: August 20, 2020
FAQs: Changing jobs while I-140 pending and change in job title || Going to school while I-485 is pending || Issues in changing employers after I-140 approval.
OTHER: Fiance visa without a formal ceremony || Impact of Supplement J approval || Taking leave during H-4 EAD gap || H-4 EAD delay || Family-based I-485 interview rescheduled || Relocation while PERM green card is pending || Evidence of marriage || Applying for green card for parents || Applying for H-1 through two companies || Unlawful presence after H-1B denial, etc.
Published by : Track.in - Date: August 23, 2020
U.S. Citizenship and Immigration Services provided guidance on how it will implement Acting Secretary of Homeland Security Chad Wolf’s July 28 memorandum (PDF) regarding the Deferred Action for Childhood Arrivals (DACA) policy.
Are you seeking to adjust your status and become a U.S. permanent resident under a family-sponsored or employment-based preference immigrant visa?
I have my PERM approved from my current employer A recently this month, can I still use my PD when I transfer my H1B to a new employer B, before I-140 approval or when I-140 is in progress with the old employer A?. If my job title is changed (from 'Software Engineer' to 'Business systems analyst')with changing job to the new employer B, can I still use the approved perm from employer A for the PD or to extend my H1B max stay beyond 6 years?
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.
My I 485 priority date is Feb 2018 (EB1B) and I am expecting as per current trend to receive my green card by December. I have greencard EAD valid until June 2021.
However, I have enrolled for Fall 2020 semester in MIT to pursue a one year MS degree in System Design and Management. I am sponsored by my employer and I will be paid as a fulltime employee during this period. I will be writing a research thesis on a topic related to my company.
On receiving green card, Do I need to discontinue my degree in between and immediately return to my previous position as a fulltime researcher in the company for which my greencard was filed?
I
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 is Naturalization
1. Is there any time frame within which H-4 should have job offer after getting H-4 EAD?
2. Why is an adjustment of status I-539 needed? What status is being adjusted (H-4 to H-4?)? I get the other form for application of EAD. What if someone is on F-1? Could they file I-539 (To go from F-1 to H-1?) and I-765 concurrently?
3. I am currently on OPT ( from F-1- visa) and it ends in Dec. My husband on H-1B and I-140 to be approved 2009 PD in "ABC" company and he moved "XYZ" company .The XYZ company process my new I-140
Do we have any clarity on the F-1/OPT to H-4 EAD process? Should I move to H-4 and then apply for EAD ?
4. I know there is no clear picture that there will be a change in law for all candidates with I-140 approved can register for I-485, so that they can get EAD/AP. If that really happens, there is no use of this H-4 EAD regulation anymore it is just obsolete, any person with approved I-140 can apply for I-485. The H-4 EAD process took one calendar year from starting to beginning for approval which will become a waste of process, effort, wait time, expenses for the Government. If it really happens, it is a miracle or my guess is they might keep a condition that the person should be waiting at least 3-4-5 years with a approved I-140.
My question is it that easy task for USCIS/GOVT/EO just amend the process for I-485 pre registering ?
5. Can H-4 EAD can do business ?
6. I am in USA on H1B and running my 5th year. but recently I have got H1 extension from USCIS to 7th year. (This is because my labor is pending with DOL now for more than 1 year). So based on these conditions, is my spouse eligible for EAD?. Can your firm help me in filing the EAD for my spouse?
7. a. After the H-4 EAD, if the candidate is not willing to work or doesn't have a job and visited India, does she have to go for visa stamping while coming back?
b. Can she enter on approval EAD (without working) if she doesn't have H-4 visa stamped?
8. 1. I am planning to apply for H-4 EAD for my wife, what happens to her EAD if I change my current employer maintaining my H-1B status?
2. My wife has found a job which can apply for her H-1B, can we file for her H-4 EAD before actually knowing if her application is selected in lottery process? (In short have both H1B application and EAD application open at same time)
9. I am on H-1 B and my husband on H-4 working in India. Can I apply H-4 EAD while he is in India or he has to come here before applying?
10. a. If my H-1B petition is not selected in lottery, I will apply for H-4 COS and EAD simultaneously. Is it advisable to apply for H-4 COS/EAD on my own or through my wife's employer?
b. While my H-4 COS/EAD petitions are under USCIS’ review, can my ongoing STEM extended OPT EAD be further extended (under cap-gap extension policy or similar) to allow me continue working after 9-June-2015 (the day my OPT EAD expires) till I receive the decision on H-4 work authorization petition?
c. If YES, how long is this ‘grace period’ for OPT cap-gap extension?
- If NOT, will I be considered out of status (and have to leave USA) during the time period between the day my OPT EAD expires and H-4 EAD is approved/effective (assuming a positive outcome)?
1. Is there any time frame within which H-4 should have job offer after getting H-4 EAD?
Discussed: FAQ Dual intent visas and filing green Card in multiple categories simultaneously, CSPA, Denial of F-1 student visa, FAQ: H-1 Receiving payments for past work/bonus (1099), change of location H-1B amendment, AC21 green card portability, naturalization, J-1 waiver, H-4 EAD: travel, fingerprinting, reentry permit
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
I sincerely thank Rajiv Khanna and Prerna Mehta for their excellent support and prompt turnaround with the queries and process related documentation for getting my Green Card.
I strongly recommend Rajiv S Khanna's firm for amazing services, excellent case preparation, legal advise and great team work. We have taking all our Immigration legal services from Rajiv in past 10+ years for H1, GC and other immigration related matters. Highly motivated, knowledgeable team and attention to details is their expertise. Highly recommended,