Discussion Topics, Thursday 5 October 2017: FAQ: Current immigration/visa options for entrepreneurs || Immigration consequences of a denial of entry at the airport || Status of H-4 EAD litigation/suit ||
Other: Status change while another application is pending (H-1, H-4) || RFE issued AFTER H-1 approval || I-485 Advance Parole staying in the USA after I-94 expiration || Change in job titles effect on green card and H-1 || VAWA for H-4 || Responding to level 1 wage on H-1 RFE || Timing etc. of green card application while H-1 is still in process || Citizenship, effect of non filing of taxes ||Applying for green card for step daughter || I-140 approval uncertain || Effect on H-4 EAD when H-1 loses job || H-4 EAD rule litigation || I-94 approval duration discrepancy || Time lines in green card || Level 1 wage issues
What are the requirements to get a visa and green card as an international entrepreneur? Is the start-up visa effective?
Watch the Video on this FAQ: Current immigration/visa options for entrepreneurs
Video Transcript
A few options for Entrepreneurial Visas:
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.
U.S. Citizenship and Immigration Services (USCIS) has posted additional data about the agency’s employment-based visa programs on its website.
Discussion Topics, Thursday 19 October 2017:
FAQ: Pros and cons of adjustment of status and consular processing for green card || Applying for green card while holding H-4 status; applying for green card and permanent residence for another country simultaneously ||Changing status from tourist or business visa (B1 or B2) within the United States|| How to read the visa bulletin? || What type of questions can be asked in consular or adjustment of status interview for employment based applicants || Effect of a speeding ticket on green card or naturalization/citizenship || Effect of moving abroad while still on H-1B visa || Denial of H-1B on Level 1 wage issue || Doing business on H-4 EAD. Other: Family-based green card for an H-1B holder || Filing concurrent H-1B for family-owned business || Relationship between maintaining US permanent residence and expiration of green card || I-94 correction through the CBP || H-4 visa/status issues || H-1B laid off || H-4 EAD to H-1 || H-4 EAD issues, etc.
My H1B (6 years) was from 10/1/2004 - 9/30/2010 from 5 different companies.
Company A - PD(EB3) - Jun 19, 2007, I-140 applied on July 9, 2007, I-485 filed July 17, 2007 - got laid off Oct 31, 2008. - I-140 approved on Dec 29, 2008.
Moved to Canada in July 2012 and became Canadian Citizen in Apr 2017. I have been keeping Advance Parole active by visiting the USA every year.
Now I want to add my family in Canada(wife(Indian Citizen with USA visitors visa) and kid(Canadian Citizen)). Do you recommend AOS for myself and Consular Processing for my family?
Video Transcript:
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I was on H-4 visa from Feb 2014 till Dec 2015. I was on H-1 visa from Dec 2015 to April 2017. In April my H-1B transfer got denied. Hence I applied for change of status from here (April 15 2017) and now my H-4 application is under process. In Dec 2016 (while I was on H-1B visa), I had applied for GC in EB2 category with my employer. My employer told me that my labor has been approved.<br>
1: Is there a website where we can check the status of labor if it has been approved?<br>
2: When can I file for I-140? Is it true that it has to be filed within 180 days of labor approval?<br>
3: Can my GC application continue whilst being on H-4 visa? <br>
4. Does the GC process, at any stage, require the applicant to be on H-1 visa?<br>
5: I am planning to start Canada PR procedure. Will my GC application interfere with Canada PR at any point?
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I am currently on L-2 EAD (since Jun 2017) and work for Employer A. Can my current employer (Employer A) file for my Green Card ?
Video Transcript
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I'm working on H-4 EAD with company A. Company B filed for H-1B for this year and it was picked in lottery but no decision made yet, now I don't want H-1B and asked company B to withdraw the H-1B and he agreed to it and shared the H-1B withdrawal letter along with the I-129C notice. Just to make sure that the petition is withdrawn without any issues, can I also post the same letter again to USCIS with company's from address on it?
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Discussion Topics, Thursday 5 July 2018:
FAQ: How many days can I stay in the USA after H-1B denial a detailed discussion? || Applying for H-1B transfer while an extension request is under RFE|| Other: Applying for EB-1C, international managers/executives criteria || Desertion charges for military, effect on green card || 151 years for getting green cards ||Age for adoption/adopting a sibling for immigration || Being outside the USA on EAD || H-4 trading stock || TN for Management Consultant || H-1B transfers with approved I-140 || Promotions while green card is pending || H-4 to H-1 change || H-4 change of status || Green card pending changing jobs within the same company||Travel ban || Bridge H-1B petitions || PERM experience letters title, etc.
USCIS announced on July 8, 2016, that it has returned all fiscal year 2017 H-1B cap-subject petitions that were not selected in our computer-generated random selection process.
I have question for H1 transfer. I am working in USA from 2006 and changed 2 employers till now. My current H1B petition is valid till June 27,2018. I have my labor and I 140 approved with EB2 priority date of April 2010.I am working as contractor to the client in Bay area, California and employer is based in Ashburn Virginia. I joined this client as contractor in April this year so my employee filed H1B extension and amendment together in April. We moved this case to premium in early May and USCIS sent RFE on my case. My company attorney is working on the documents i submit for RFE response. My contract is only till August and I received client letter which states the same end date with further possibly of extension.
This client wants to hire me as their full time employee. I have offer from another Healthcare client , however I am not sure if I can transfer my H1 to the new employer/client when RFE with the current employer is in process.
Watch the Video on this FAQ: Changing jobs while H-1B RFE is pending
Video Transcript
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I was moved from Company A to Company B on Sep 2017 on the basis of receipt notice but now on may 14 2018 i got denial notice for Company B & they immediately told me to stop working. My H1B got denied because of specialty occupation. My Company B again refile my H1B on premium but on 18th June 2018 again there is RFE on Specialty occupation..my company is planning to reply RFE but I don't know how much time they will take. So now my question is if my this new petition also got deny due to Specialty occupation then how many days i will get to leave from USA
Video Transcript
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I am in USA on my work visa from June 2007. My Current H-1B is valid till 08/20/2018, I have applied for Extension on 04/10/2018 (I-140 valid from February 2011). I have one US citizen kid and one H4. For any reason if I got RFE after 08/20/2018, can I apply for H- B transfer with other employer? If yes, do I need to go outside of Country and re-enter on new H-1B with visa stamp?
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Since I am leaving in USA legally from 11+ years, for any reason if H-1 extension denied. Can I apply for Asylum or another category where I can continue stay in USA (I am talking about apply for “Relief from Deportation under new Supreme Court Decision.)
Watch the Video on this FAQ: Applying for H-1B transfer while an extension request is under RFE
Video Transcript
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Discussion Topics, Thursday 19 July 2018:
FAQ: Getting promotions or changing job description while green card is pending || H-1B petition revocation during visa process/reaffirmation || Section 245(K) protection during AOS/I-485 || Specific issues in the Trump NTA policy for denials || Other: Humanitarian parole || How long can a green card holder stay outside the USA || TN TD issues || Registering for Selective Service || Getting married after getting a green card || Applying for advance parole || H-1, H-4 premium processing || Birth certificate for I-130 || F-1 COS denied for H-1B || Correcting priority date errors || H-1B quota where no COS or Visa || I-539 bridge petition
I had my H1 visa extension stamping appointment on Feb 21, 2018. Initially it was put under Administrative Processing and later on May 23rd my petition was send back for revocation. As per the inquiry with embassy they told me that "Based on the documents you submitted and the information elicited in your interview with a consular officer, you were determined ineligible for an H1B work visa. Your petition was returned to the Kentucky Consular Center (KCC) on May 24. Currently H1 status website shows KCC received the application on June 8. Once KCC receives a petition, it is returned to the approving USCIS office for review and possible revocation. At this point, USCIS can either reaffirm the petition or issue a notice of intent to revoke it. What are the options available with me now?
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USCIS announced on July 30, 2018, that it has returned all fiscal year 2019 H-1B cap-subject petitions that were not selected in the computer-generated random selection process.
I have I-140 and I-485 pending. H-1B ended on May 2018 and applied for extension which is pending.
Spouse entered US under parole status and is valid till December 2018, H4 visa has expired in May 2018
Can spouse apply for H-4 extension after approval of H-1B extension? If so can it be done from USA or have to travel abroad for H-4 visa stamping?
Watch the Video on this FAQ: Applying for H-4 status while on parole
Video Transcript
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