Quotes and Excerpts from Rajiv on the article:
“Technology is our only edge in the commercial world and if we lose that, we fall behind. In order to maintain and enhance this, we need a system to attract and keep STEM graduates,” Rajiv S Khanna, Managing Attorney at law firm Immigration.com, said.
For more on this news please see the attachment.
My wife currently working on H4 EAD which is valid till October 2020. Her company filed for H1B this year and she got approval for 3 years starting 10/01/2019.
However, She would like to stay on H4 EAD. Does law permits her to work on H4EAD even after her H1B approved? or naturally her work visa status will convert to H1B effecting 10/01/2019?
Watch the Video on this FAQ: Effect of H-1B approval on H-4 EAD
Video 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.
USCIS will consider certain fiscal year (FY) 2020 CW-1 petitions seeking an extension of status for temporary workers present in the Commonwealth of the Northern Mariana Islands (CNMI) to be filed on time, even if USCIS receives them after the worker’s current period of CW-1 petition validity expires.
Discussion Topics, Thursday, 19 September, 2019
FAQ: Effect of H-1B approval on H-4 EAD || Travel during H-1B amendment and using old employer's visa stamp || For how many years is the H-1B quota exemption valid? || Can a GC pending EAD holder move locations?|| Should I maintain my H-1B after filing I-485 Adjustment of Status || Nonimmigrant visa for a partner in an unmarried gay couple || Impact of multiple pending H-1B
OTHER: Multiple H-1 and H-4 pending || H-1B holder and F-1 holder getting married|| Consequences of simultaneously two H-1B approvals || Impact on green card if working for two employers || Impact of withdrawing LCA || Cross chargeability spouse not present at I-485 interview || Expediting EAD || Working a US job from Canada remotely || Can an employer refuse to produce tax returns? etc.
I had to travel to INDIA because of my Father's serious health condition on FMLA. Currently my H1-B amendment is in process, so I am looking for my options to travel back to US. Below are complete details.<br>
I have moved to my current employer in April 2019 and I have approved H1-B for 3years.<br>
Now because I am changing client and location, they have filed amendment and it is currently under process.<br>
I don't have STAMPING with my current employer but I have STAMPING with my previous employer until end of 2019.<br>
During Job change from my previous employer I have applied for H4 and also change of employer. Both got approved and I revoked my H4 application.
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.
Quotes and Excerpts from Rajiv on the article:
Rajiv Khanna, Arlington-based immigration advocate says: “Many of the cases where a change to student status is requested do get approved. But there are also cases where it is rejected owing to the boilerplate reason that the student has the entire family in the US, therefore they have no ties to their home country.” “The life of a youngster and the family unity should not have to depend upon the 'benevolence' of an immigration officer,” he adds
Published by : The Times Of India - Date: February 08, 2020
I have an approved I-140 with priority date of June 2013 from Employer "A". I moved to employer "B" in 2018 and extended my H1-B till June 2021. He is currently processing my labor for new application. Meanwhile, I got offers from "C" and "D". "C" is an established firm and is well aware of the immigration process. "D" is a small business enterprise started about 2 years ago and haven't sponsored any employee yet.
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.
1. Can I just withdraw the whole petition? and go out of the country and travel back on H4
2. Will withdrawing the "Extension+Amendment" petition without responding to the RFE make my presence UNLawful for the last 11 months. (I-94 Expired Dec 2018 last year) because I worked on the client on their new address without an approved amendment?
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 partner is a teacher and was granted a J-1 visa on September 25, 2019. We've been together under one roof for 5 years and undergone the rite of Holy Union since same-sex marriage is not honored in the Philippines. I would like to seek advice on the best possible way on how to go to the US. Should I still push through with the J-2 visa application or as a tourist or visitor?
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.
I am planning to sponsor Visitor Visa for my sister,she was diagnosed with Down syndrome when she was 1 year and she is now 45 yrs old.
Considering her condition, i would like to know what additional documentation is required for visitor Visa B1/B2 apart from I130, letters to consulate & bank statements.
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.
FAQs:
- H-4 visa stamping - problems with H-1B
- Sponsoring family based green card while living outside the US
- When is H-1B amendment required?
- Getting EB-1C based green card by moving out for one year
- Obtaining birth certificates
FAQs: Feb 20, 2020 Community Call
- I-140 issues - getting a copy of approval notice, leaving employer when I-140 approved less than 180 days
- Impact on H-4 - H-4 EAD if the H-1B holder changes jobs
- Promotion while PERM is pending or approved
- Birth Certificates
Couple of months back I received Employment Based Green Card (H1b to GC) and my dependents received Green Card too (H4 to GC). I had the intention to work for the Employer who sponsored me for the Green Card forever during applying for the Green Card and during the Green Card Interview too. However after working for couple of months for the employer now I am feeling that I should be changing the Employer to a different one near to my home due to the following compelling reasons: I am a Heart Patient and facing Health Issues due to the Travel (4 hours flight travel) that I am making every week to work in the Employer's Client Location for work.
And if I continue to perform my job this way I will affect my health. All the efforts I made to request a work near home did not materialize.
I am planning to search for a new job near my home and if I get it I am planning to put in a Resignation to the present Employer stating the facts about my Health Problems and join the new one.
My Question:
1. Will I face any issues now or in near future during I submit my Citizenship Application due to my employer change just after 2 months of getting the Green Card? If so what are the steps I should take to avoid it?
2. I am planning to save my Payslips / W2 of the Present Green Card Employer and my Heart Health records. Is there a Minimum duration that USCIS expects a Green Card Holder to work for the Green Card Employer?
Video Transcript:
1. No.
2. Duration is not reliable.
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 current visa H-4 VISA is valid till Nov 25 2016.
- I had applied for an change of status/extension of stay (I539) for H-4 status to July 4 2018 (through underlying H-1 extension).
- I had to travel to India while it was pending. USCIS issued an I-797 - Approval for the extension of stay without abandoning it.
- At the port of entry, the I-94 expiry was marked as Dec 25 2016.
- The expiry date does not jive with the original VISA expiry date Nov 25, 2016 that was presented at the time of arrival. Nor does it reflect the I-539 extended date of July 4 2018 (that was not presented at port of entry).
Please advise -
a) What action would I required to correct I-94 expiry date? Who do I contact to correct it?
b) I am filing for a I-485 adjustment as a spouse of EB-3, The forms require to put the status expiry date. Is it OK to use the more conservative Nov 25 2016 date even though I-539 has been erroneously approved till July 4 2018?
FAQ Transcript:
This is a recurring issue, so first of all I want to address the problem and the possible solutions or the lack of solutions. Often times we have a case, we have a case working on right now actually. This lady entered the US on H-4 visa which was good for let’s say till 2017 but her passport was expiring in 2016 or 2015 She comes in and Customs and Border Protection gives her I-94 only till the date of her passport approval. And sometimes they do that; they will give it to the extent of visa approval, which is incorrect. Your visa could be expiring earlier than your approval. They should still give you the I-94 all the way to your approval not till your visa. In this case they gave it only till 2015 and she is been here over a year now in unlawful presence not realizing that she has been given less stay than 2017.
So, this is a very complicated issue or problematic issue. They will correct the mistakes they have made. If they have made a mistake giving you a wrong date or giving you the date till visa not the approval date, you can actually go back to the CBP at the airport or any of their offices or nearby posts. They have lists of them at www.cbp.gov website and you can ask your I-94 to be corrected.
But there are certain things they don't consider them as errors, such as approval till the passport expiration that cannot be corrected. Then the question is what do you do then?
You have two choices; either you can do the extension of status or current status by filing the form I- 539 or I-129, if you are H-1, L-1 holder. For H-1, L-1 they do it all over again as new case. For H-4 it’s less complicated or simple or you can step outside USA, showing your visa and comeback and receive your I-94 approval. But if your I-94 is already expired, you must speak with your lawyer before you leave. You could very well subject to the bar which comes from the unlawfully present.
So, in this case what happened is the person who has the above question traveled to India while change of status for H-1 to H-4 was pending.
Now USCIS should have declined change of status because they left US, came back received I-94 good till December 2016. The visa expiration date is November 2016, which is what I gave at the airport he says.
What action would I required to correct I-94 expiration date?
Look you can go back to the CBP, make your case that you have made an error, I don’t see the error. If anything they have given you is more time not less and because you traveled abroad while your change of status was pending , that approval is really not worth anything. That’s the mistaken approval.
I am filing for a I-485 adjustment as a spouse of EB3, The forms require to put the status expiry date. Is it OK to use the more conservative Nov 25 2016 date even though I-539 has been erroneously approved till July 4 2018?
I would use the date which they have given you in I - 94 and I would attach an explanation saying that this date maybe incorrect but you don't know. According to your calculation it should have been November 2016.
I always like to make full disclosure to the government, so that they don't come back and create a problem with the discrepancy.