Guestbook Entry for Laura Sylvester , United States
Name
Laura Sylvester
Country
United States
State
Texas
Search
USCIS Temporarily Suspends Premium Processing for Extension of Stay H-1B Petitions
Starting May 26, 2015, U.S. Citizenship and Immigration Services (USCIS) will temporarily suspend premium processing for all H-1B Extension of Stay petitions until July 27, 2015. During this time frame, petitioners will not be able to file Form I-907, Request for Premium Processing Service, for a Form I-129, Petition for a Nonimmigrant Worker, requesting an extension of the stay for an H-1B nonimmigrant. USCIS will continue to premium process H-1B Extension of Stay petitions filed with Form I-907 premium requests prior to May 26, 2015.
Recording of Community Conference Call (Every Other Thursday) 2015, May 14
Immigration.com
Nonimmigrant Visas
Green Card
Substantial transcription for video
FAQ: US Citizen applying for Green Card for visiting family member (spouse/parents); Birth and Marriage Certificate Issues; FAQ: Getting nanny/domestic help from India; FAQ: After getting Green Card - how long do you have to stay with your employer.
Guestbook Entry for Zenmonics, United States
Name
Zenmonics
Country
United States
State
NC
Comment
We have been working with Mr. Khanna and his team for years and we cannot thank them enough for all they do for us. I like to share a comment that I just received from one of our employees who recently received his H1 approval: "Really appreciate Immigration lawyers for thoroughly review the documentation. I am glad for this approval and believe all their efforts are reflected in this approval."
USCIS Guidance on When to File an Amended H-1B Petition after the Simeio Solutions Decision
On April 9, 2015, USCIS’ Administrative Appeal Office (AAO) issued a precedent decision, Matter of Simeio Solutions, LLC, which held that employers must file amended H-1B petitions when a new Labor Condition Application for Nonimmigrant Workers (LCA) is required due to a change in the H-1B worker’s worksite location. Specifically, the decision stated:
Requirements for Extension of H-1 beyond 6 years
Question details
I am looking for opportunities using the remainder option of my H-1B. I have a year and half remaining out of six years.
Now, most of the companies do not want to start the GC process immediately; they want to start after 6-12 months.
I have the following two questions:
1. What stage do I need to reach on my GC process when the remaining time on H-1B ends.
2. If my company doesn't want to start GC process immediately, can I begin this on my own using my personal fund?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/3Heaadpk1Ik?t=273
FAQ Transcript:
In which country must I apply for a US visa?
Question details
My name is Harendra having H-1B and an Indian national , I want to file H-4 for my wife who is a Srilankan national with Srilankan passport , living in India legally with my parents after marriage for the past three months. Can she apply her H-4 from India or she needs to go back to her native country to apply ?
Is there any rule for spouse applying visa from primary applicant's country of residence?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/3Heaadpk1Ik?t=396
FAQ Transcript:
Recording of Community Conference (Every Other Thursday) 2015, April 30
Profession/Occupation
Substantial transcription for video
FAQ: H-4 EAD filing while H-1 extension is pending; H-4 EAD. Converting from H-1 to H-4 EAD - good idea or not? H-4 EAD. Documents needed; name issues; processing times, etc.; H-4 EAD Expediting Possible?
Other Topics: Green card issues because of diseases; H-1 amendment with change of location; when is a degree considered to be completed;
H-4 EAD Filing
Question details
My spouse is on H-1 visa and his former employer filed I-140 and then my spouse changed his employment to another employer and transferred his H-1, the I-140 has not been revoked by former employer. So my H-4 is with the former employer valid for three years, and current employer for my spouse has not filed H-1 for me. Is the H-4 from the former employer valid for file EAD or do I have to apply for H-4 again and what would be the documents that would I need to file H-4 EAD ?
Every time the H-1 holder changes job, the H-4 holder does not need to re -apply for H-4. Your H-4 is good. You don't have to have different H-4 for the employer. Of course, every time the H-1 holders change their job they have apply for new H-1 but as long as you never violated status and H-1 holder has never violated status that H-4 continued to be good from job to job to job, you are good.
Your second question was what document need to file H-4 EAD?
Exempt from the H-1B Quota
Question details
I got my H-1B petition approved last year, it got extended as well. I have never used any of these visas to work in the U.S. though I have travelled few times to U.S. but on B-1 visa for meetings with the customers. So the question is when do I become exempt from the H-1 quota?
In your situation when you are outside the USA, you become exempt from the H-1 quota when you get your visa stamped. So I think USCIS interpretation of law is faulty and incorrect, because in my view as soon as H-1 is approved you should be exempt from the quota but USCIS has taken the position that unless you get the visa stamped from the consulate we will not consider you exempt if you are outside the USA. So it appears to me that you should be exempt from the quota.
H-4 EAD - Converting from H-1 to H-4 EAD - good idea or not?
Question details
My I-140 was approved on Sept 2011. I came to US on 2008 beginning on L-1 visa and then my employer converted to H-1 visa. On February'15 I got an extension on my H-1 visa based on I-140 approval but I didn't get it for 3 years from Feb'15 rather I got it till Nov'16 (about 1 year 10 months). I am thinking to join another company now. What should I consider before I transfer my H-1 to employer B from employer A on my situation? My wife is on H-1 and it’s valid till 2018. I am also thinking my wife to apply H-4 EAD rather continuing on H-1. Is that going to be a better option?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
FAQ Transcript:
March 31, 2022, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Nonimmigrant Visas
Discussion Topics, Thursday, March 31, 2022:
FAQ: Impact of criminal misdemeanor case on an F-1 or any status || Protecting immigration status: Traveling with advance parole, divorce proceedings and an entrepreneur on H-1B visa
The Economic Times NRI Helpdesk: Can I extend my US visitor visa before it expires? And other FAQ's answered by Rajiv S. Khanna
Question: I have a visitor visa for the USA for multiple visits up to June-2023. Can I apply for an extension of the visa before the expiry date? Also, advise procedure for extensions and where I can get the application form, so I can keep all details ready.
Answer: I am not aware if there is a procedure to apply for a visitor visa extension before expiration. You can send an email to the consulate to confirm. There is, however, a restriction under the consular standard operating procedures on holding concurrently valid visas of the same type.
April 14, 2022, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Immigration.com
Nonimmigrant Visas
Discussion Topics, Thursday, April 14, 2022:
FAQ: GC-EAD applicant holding multiple jobs and starting own business
Implications on working without authorization on student visa status
Question details
What happens when a student works without authorization because they have no choice as they need the money to support their school or because they did it unintentionally?
FAQ Transcript
If you work without authorization on purpose, it is important to understand the implications. One is your violation of status which is much easier to fix and the other one is if you lie about it in any immigration proceeding. The first one, lets say you are close to getting an H-1B and you have three months or six months or even a year of working without authorization. In a worst case scenario you will have to go outside for H-1 visa stamping. You will not get your change of status. Make sure there is no history of misrepresenting your work status to the government. The moment you prevaricate or you lie about your situation to gain an immigration benefit you have committed a felony which is punishable by five years and also it is a permanent bar from entering the US. Make sure you understand that lying about work authorization or working without authorization is much worse than actually doing it.
But what happens when you do it inadvertently?
For ten days you work without authorization not realizing you don't have the authorization, then it is a very small violation. The government might ignore it and let it go. It is called de minimis. It simply means it is a minimal problem. Hence the point is if you have violated the law inadvertently and unknowingly by mistake you have several options. First of all disclose it when you file the H-1B and if you have fallen out of status talk with your DSO and act upon their advice. They might tell you to apply for reinstatement which should be readily given.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
April 28, 2022, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Immigration.com
Nonimmigrant Visas
Green Card
Discussion Topics, Thursday, April 28, 2022:
H-4 EAD - Documents needed; name issues; processing times, etc.
Question details
Q1. Among the documents needed for filing H-4, what are the ones we really need to make sure, we have them. I mean few like Date of Birth Certificate from Indian Municipal/Registration office..... is that needed even for H-4 EAD. What if the name on the Birth Certificate from Registration office is different from name on Passport? What should be done here? Any other documents etc. we need to be careful about and should be working to get ready now. (Education certificates and marriage certificate etc. we already have)
Q2. Would it again be first come -first served in terms of filing H-4 EAD? I mean people who file on May 26-27 --would their applications be processed earlier than the ones who file little later.
Q3. Approximately how much time it’s expected for EAD to arrive, everything going well
Q4. One last question, if I happen to change my employer at this time, and if my GC process is re-initiated would my wife be still eligible for filing H-4 EAD or NOT ( in a situation if old employer revokes I-140 )
FAQ Transcript
A1. So far it appears to me and again we don’t have the details yet. The very least you will need is proof of marriage and birth certificate. I don’t think that is the normal requirement but I believe proof of relationship should be acquired and kept. Then the question what if the names on the birth certificate and passport are different.... we still don’t know lot about these issues. I would say an affidavit explaining the discrepancy and probably making efforts to remove the discrepancy whether you want to have the passport issued under the correct name or whether you want to have a Indian court give a declaratory judgment of some kind that the name X and Y are the same person. Something like that would be a good idea. But it is not going to stop you H-4 EAD application at least in my mind. I think even education certificates are irrelevant because the H-4 EAD is not given based upon what degrees you have, it is given based upon your relationship with the H-1 holder who is at a certain level of maturity in the green card process. I am not worried about the laminated original document. That doesn’t bother me.
A2. First of all USCIS just roughly follows the first in, first out rule. They are not always bound by that rule because there are so many variations within the processing times if it is given to a particular officer, which depends on what is their case load is and what if they have to take a couple of days off. It’s not always predictable that you will always be first in and first out.
A3. Under the regulations USCIS should adjudicate EADs within 90 days. But in case you don’t know they are finding it very difficult to keep to that time. I will be surprised if they are able to keep to the 90 days process, but if it is merely administrative process and there is not a whole lot of investigation involved then I don’t see why not but I really don’t know.
A4. The government has said as long as you have one I-140 that remains unrevoked they will give us the H-4 EAD. But if the I-140 is revoked then H-4 EAD will not be given.
Protecting immigration status: Traveling with advance parole, divorce proceedings, and an entrepreneur on an H-1B visa
Question details
1. I-140 didn't get approved but received a GC-EAD card approved for 2-years along with advance parole. Is it fine to travel to India for 2 months or for how long staying from the US is valid while on EAD?
2. I didn't need to worry about having a valid visa while returning to the USA, just advance parole will suffice for return?
3. Prior to getting GC-EAD I was on H4-EAD, due to family issues I may seek a divorce. Now that I have GC-EAD will divorce affect my current status or upcoming Green Card? or should I wait until the Green card is through?
4. I have been an Owner of an Inc company while on H-1 and H-4 and H-4 EAD, but I haven't taken any profits or pay-stubs, except for signing on Company Tax returns. Does this situation restrict me from getting a Green Card? or since I have already received GC-EAD under the EB3 category, should I stay positive that I will receive GC in the near future?
FAQ Transcript
1. Sure. EAD allows you to work, but advanced parole allows you to come back.
2. The law is if you return to the same job that you were doing on H-1B even though you used your advance parole you are still considered to be on H-1B.
3. I am assuming that the green card was filed by you and not your wife so the divorce has no effect on you.
4. I do not see any obvious violation of the law. I am just suspicious of that time you were on H-4/H-1 and had your own company. The only time you are completely free is when you were on H-4 EAD.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Can two employers file H-1B for the same employee using an existing I-140?
Question details
I am an Indian national living in India now, working on H-1B from 2006-2011 for a small consulting company based in NY, US,. They have filed my EB2, I-140 and it got approved in 2009. I returned to India due to my personal situation in 2011. So I moved my case to Consular Processing in 2012. I got my date current during the last year 2021 and the Mumbai Embassy scheduled consular processing Interview was scheduled for last month. As soon as I received the interview call I found my sponsoring company in the US has their business. Hence, I have skipped my interview to avoid GC denial and retain the priority date.
FAQ Transcript
1. They can both apply.
2. The answer is no you have to go through PERM I-140 again and you will keep the priority date from the old case.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
STEM OPT employment parameters, volunteering, part ownership, etc.
Question details
1. Currently, I am on STEM OPT, working with my DSO-approved employer. My uncle wants to start a company and asked me for my help. So, an I help him without being an employee of his company?
2. Is active professional volunteering to a family member's company a violation of the F-1 STEM OPT status? I hold a Professional Engineer's license. If I let him use my license for his company, will that be ok under my current immigration status?
3. Can I be a partner in the company and an employee of the company if my uncle hires me as an employee?
FAQ Transcript
1.The volunteering issue is a complicated one. When you are volunteering for charitable affairs or religious matters, I don't think there is any problem. The moment it starts getting into the realm of commercial volunteering it could potentially become an issue. Under the Fair Labor Standards Act (FLSA) private companies cannot take free work.
2. I personally think it is not a violation of your status. As for using your license for his company that could become problematic because the implication is that you are working for that company now. Remember under STEM OPT you can work for multiple companies, but you have to get approval from school for that.
3.The answer is Yes. Under OPT as well as under H-1B. As long as you have a genuine employer, employee relationship.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Our software company has worked with Rajiv and his staff for 2 years on various visa applications (H1B, L1, EB2) and couldn't be more pleased. The entire staff is professional, reliable, knowledgeable, and friendly. Rajiv is never too busy to have a call to provide updates & recommendations, and even just to put employees at east during these most stressful times. I highly recommend the Law Office of Rajiv S. Khanna.