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Recording of Free Community Conference Call (Every Other Thursday), Oct 5, 2017
Immigration.com
Nonimmigrant Visas
Immigration Law
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
Current Immigration/Visa Options for Entrepreneurs
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.
USCIS Makes Additional Data on Employment-Based Visa Programs Available in Support of ‘Hire American’ Executive Order
U.S. Citizenship and Immigration Services (USCIS) has posted additional data about the agency’s employment-based visa programs on its website.
H-2A 2010 Rule FAQs Round 13
The Office of Foreign Labor Certification (OFLC) has published Round 13 of Frequently Asked Questions (FAQs) related to H-2A Applications for Temporary Employment Certification under the 2010 Rule.
Recording of Free Community Conference Call (Every Other Thursday), October 19, 2017
Immigration.com
Citizenship and Naturalization
Immigration Law
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.
Status of H-4 EAD Litigation/Suit
My question is about the latest news regarding H4-EAD. I understand that DHS has asked for abeyance until 30 Dec, 2017. USCIS and DHS is evaluating the H4- EAD rule in accordance with the Presidential "Buy American, Hire American" policy. DHS will refocus its review of the H4 rule to ensure that it meets the newly announced priorities and to decide whether to undertake a new rule making concerning the H4 rule and comply with the Presidents Order. <br>
Please find this note requesting you to explain in layman terms what this could mean for the H4-EAD holders.
Watch the Video on this FAQ: Status of H-4 EAD litigation/suit
Video Transcript:
Right now, according to the government, this lawsuit pertains to regulations that may not be relevant because the government may decide to overrule these regulations with some new regulations.
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.
Immigration Consequences of a Denial of Entry at the Airport
I had been travelling to the US on a tourist visa for all my life, in 2008 I had to travel out of the country and when I returned to the US, in the Minneapolis checkpoint they found a pay stub from my work which I obviously shouldn't have had since I didn't have a work permit, they took away my tourist visa and made me sign what looked like a "voluntary departure" or "refusal of entry" I really can't remember exactly the term that I signed and was returned to MX the next day. <br>
My questions are:<br>
1. Is there a website where I can see if I was penalized? <br>
2. Will I be able to solicit another tourist visa? <br>
3. If the answer to the above question is yes, given the political climate, do you think it is a good idea to go through the whole process again or would it just be a waste of money?<br>
4. My father has become a US citizen, I'm unmarried, can he request citizenship for me or residency? approximately how long is the process?
Watch the Video on this FAQ: Immigration consequences of a denial of entry at the airport
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.
Pros and Cons of Adjustment of Status and Consular Processing for Green Card
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:
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.
Applying for Green Card while Holding H-4 Status; Applying for Green Card and Permanent Residence for Another Country Simultaneously
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?
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.
Changing Status from Tourist or Business Visa (B1 or B2) Within the United States
Right now I'm in USA on B1 visa. I came last week 1st Oct 2017. Got the stamp for 6 months (i94 expires on Mar 31, 2018). This is the 3rd time I'm traveling to the US on B1. Below are the previous trip details.<br>
Aug 02 2014 To Sep 28 2014, May 03 2015 To Jun 15 2015,3) Oct 1 2017 To till date (Nov 11 2017). Now my company wants to file L-1B petition for me. The employer is ready to file an application for L-1B in the USA if it is legitimate.<br>
1) Now I'm already in the US, so Is there a process to get my L-1B without going back to my country (India)? Is B-1 to L-1B is a complex process? Is there any complication(s) if I put my petition in USA?<br>
2) What will be the time frame to get L-1B?
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.
Parents tourist/visitor status I-94 expires while I-485 is still pending: Overstay issues; impact of leaving USA
I had filed for my parent's green card in July' 2022. It is concurrent filing.
The I-130 filed by me shows processing times of 4 weeks and 6 months for my dad & mom respectively.
The Advance Parole shows processing time of 11.5 months and I-485 (Minneapolis-St. Paul field office) is almost 2 years.
Their I-94 is expiring on the 30th Nov. What is the process to withdraw the application so that they can return back to India legally before 30th Nov?
Also wanted to know:
Will I need to withdraw the I-130 petitions that I had filed for them ?
Will this impact their existing B-2 (visitor) visa? Will it still be valid?
1. There is no need to withdraw the application, but if you want to withdraw you will have to send a letter. Even if they leave without getting an advance parole the I-485 is deemed to be abandoned but the I-130 can still go on. You will have to call USCIS to open a customer service request and convert the I-130 to consular processing. Even though the I-485 is abandoned the I-130 is put in the consular processing queue.
2. If they leave before November 30th their visitor visa should not be affected.
Options for Nonimmigrant Workers Following Termination of Employment
Release Date
U.S. Citizenship and Immigration Services (USCIS) is providing information for nonimmigrant workers whose employment has terminated, either voluntarily or involuntarily. These workers may have several options for remaining in the United States in a period of authorized stay based on existing rules and regulations.
H-1B was approved with a new I-94 but the date of onboarding was extended by the employer
I was on H-4, and it was valid till Jan 2023. I got my h1b approved via the Change of Status application and it came along with a new I-94 date. My employer is saying that they need some time to onboard me. They are working on finding a suitable project for me and it is going to take some time. Is it ok to defer the joining date and should my employer or I file any application to let USCIS know that I am not starting the job right away?
That is not your problem, they should be really paying you. It is illegal. They cannot keep the employee out of a payroll. Employers cannot stop paying you merely because they don't have a project.
Gap in status, for instance, H-1B and H-4 status issues
I was on F1, and my spouse was on F2. My H1B was approved in 2020 for client A, but COS from F1 to H1B was denied, so I just continued my F1 status. Later, I moved to client B, and my employer filed an H1B Amendment and got the complete approval with I-94, effective 29th April 2022. After approval, we filed I539 for my spouse's COS from F2 to H4 (still pending) with a receipt date of 17th May 2022.
Question: Since there is a gap between my H1B start date (04/29) and my H4 receipt date (05/17), may the USCIS deny our case? If so, what are our best options to proceed further?
Technically Yes, this can be an issue.
USCIS Form I-129, Petition for a Nonimmigrant Worker Update Notice
USCIS recently updated the following form:
Form I-129, Petition for a Nonimmigrant Worker
11/02/2022 12:05 PM EDT
Laid off on H-1B or L-1A; 60 days grace period, maintaining status, switching to and back from I-485 EAD; Priority date becomes current but there is no job in hand
Given the current situation with tech layoffs, I wanted to understand the options available for people in my situation.
I’m currently working in the US on H-1B and my GC application (I-485) with PD July 2014 and 485 is in “Case remains pending”.
I have 485 EAD approved till 2024 and Advanced Parole is still pending.
- Since we only have 60 days on H-1B to find a new job. How easy is it to switch to EAD? Is there a procedure to follow to switch to EAD?
- Once someone switches to EAD. Can they again switch back to working on H1 after finding a job?
- Now if someone switches to EAD and their date becomes current before they can find a job. What are their options?
Now if someone switches to EAD and their date becomes current before they can find a job. What are their options?
Also, do we have any info on what the status “Case Remains Pending” means?
1. Switching to EAD is very easy. There is no formal process for it. All you have to do is when you want to convert from H-1B or if you have been laid off present your EAD as documentation of your authorization to work.
2. Travel back into the United States with an H-1B visa and that of course comes after you get an approval from the USCIS.
3. In a case like this you should get your approval. Make sure you get the next job in the same or similar field. Keep some documentation that shows they are in the same or similar field.