REMINDER - Changes to Direct Filing Addresses for Form I-129 Petitions
On October 12, 2017, USCIS will change the direct filing addresses for certain petitioners of Form I-129, Petition for a Nonimmigrant Worker. The changes are as follows:
Search
Recording of Free Community Conference Call (Every Other Thursday), Nov 2, 2017
Immigration.com
Nonimmigrant Visas
Green Card
Substantial transcription for video
Discussion Topics, Thursday 2 November 2017:
-H1B Amendment Approved without I-94 attached
-Changing from Non-Profit (Cap-Exempt) H1 to Profit (Cap-Subject) H1 and GC filing
- Family based second category GC (F2A)
- Transfer J-1 Visa
- H1 and H4 Extension approvals
- Upgrading H-1 B to premium processing
Effect of Moving Abroad While Still on H-1B Visa
Question details
I am staying here in the US from last 4 years 10 months and have I-140 approved (Received approval Jun '17). To fulfill personal commitments, I am going back to India in Dec '17 for some time however my H1B extension is still in progress (Filed in Aug '17). I am not sure whether the result will be out before my travel.
My question is -<br>
1. If I change the employer in India, is there any way I can come back? What all options I will have?<br>
2. Can my new employer eligible to transfer my H1B from India in case current extension gets approved or RFE or Denial?
Watch the Video on this FAQ: Effect of moving abroad while still on H-1B visa
Video Transcript
1. Yes, I think you can keep that H-1B alive as long as that job is there.
FAQ 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.
Denial of H-1B on Level 1 Wage Issue
Question details
1. I have joined a company based on H1b transfer receipt and have got RFE of LCA wage level 1. If, by any chance, the petition gets denied then can the same employer file for new h1b transfer with LCA wage level 2, right after the denial? <br>
2. Is it advisable to find another employer and start a new h1b transfer processing while the current one is still under RFE received/response status?
Watch the Video on this FAQ: Denial of H-1B on Level 1 wage issue
Video Transcript
1. Now if somebody's H-1 gets denied for level 1 job the same employer can file for level 2. But there should be a good reason or explanation if the government asks questions like: why are we going to level 2, why did we not go with level 2 the first time around.
FAQ 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.
Recording of Free Community Conference Call (Every Other Thursday), Nov 16, 2017
Immigration.com
Nonimmigrant Visas
Green Card
Substantial transcription for video
FAQ: Is interview required for compelling circumstances EAD? || Can we open a company while on EAD? What kind of questions/documents will be needed in the I-185 AOS interview? || Does H-1B extension denial invalidate an existing H-1B? || What can be done if an H-1B is denied while in the USA? ||Impact of taking a long break while on H-1B.
Other: Traveling while an H-1B is pending || Impact on naturalization of an incorrect name in the past ||Working from home on and H-1B ||Name updated on form I-140||Applying for L-2 EAD and change of status to H-1B ||Erroneous name on passport, visiting on a tourist visa ||Applying for H-4 EAD, I 140 withdrawn before 2017 ||H-1B issued without an I 94||I 485 delay, etc.
Recording of Free Community Conference Call (Every Other Thursday), Feb 22, 2018
Immigration.com
Nonimmigrant Visas
Green Card
Substantial transcription for video
Feb 22, 2018, Discussion Topics - 7th year H-1B extension - H-1B approval without I-94
J-2 Status
Question details
I am working in USA with the J1 visa as Postdoctoral Fellow. In April 2017 my girlfriend tried to come to USA and she was refused under the section 212a, because she told to the TSA agent that they did not have a serious relationship with anybody in USA, and they found out that she had sentimental links to me checking her phone, we were in bad moment in our relationship by that time. She has double nationality Venezuelan/Italian and she was trying to get in USA with the Italian ESTA. They removed her ESTA for ever and they told her that If she wan to enter in USA she is going to need a visa. Then I got married with her trying to get a J2 visa for her but the consulate denied twice her application under the article 214b, one in August ( after got married in Venezuela, and the other one now in December (on December we went together because I had to renew mine, but not success for her one).
Anyone who attempts to gain any immigration benefits, including visas, through perceived fraud or misrepresentation is permanently barred from entering the USA. In cases like this, you can try to revisit these findings with the consulate, but these are long, drawn out battles and difficult to win. Temporary visits may be possible with something called a 212 (d) (3) waiver.
FAQ 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.
Recording of Free Community Conference Call (Every Other Thursday), Feb 8, 2018
Immigration.com
Citizenship and Naturalization
Nonimmigrant Visas
Removal, Deportation and Exclusion
Substantial transcription for video
Discussion Topics, Thursday 8 February 2018:
FAQ: H-1B or other status denied - what is my status?|| Can I get H4 visa stamping while the H1 to H4 change of status is still pending? ||AC 21 job portability, changing jobs before 180 days || AC 21 job portability, changing jobs before 180 days || National interest waiver (NIW) filing when priority date is not current || Other: Fixing I 20 problems ||L-1A amendment issues ||changing from H-1B to F1 ||Reentry permit and N-470 || multiple H-1B filings for the lottery/quota ||returning back to old H-1B employer if H-1B transfer is denied ||Impact of terminated deportation proceedings, logistics ||impact of revocation of I 140, EB-1C filing || Entering the United States on H-1B without a job || Client address change, DS160 filing || H-4 EAD and H-1 questions
Doing Business on H-4 EAD
Question details
I am on H-1B and my spouse is on H-4 EAD. She got her EAD last year. She would like to do online business where she will sell items online on eCommerce website like ebay, amazon, etsy. These items will be shipped from India. I would like to know if she can do such online business where the items are going to be shipped from India.
FAQ Transcript
Of course on H-4 EAD, she can do anything she likes, she can do online business, sell items on ebay amazon no problem at all. These items shipped from India is perfectly fine.
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.
National Interest Waiver (NIW) Filing When Priority Date is Not Current
Question details
I am a staff in University of Pittsburgh and still have 3 more years to complete 6 yrs of my H1B. H1B sponsorship is an issue for me getting a new job.
1) When I apply for a NIW -EB2, can I simultaneously apply for I140, EAD, 485 simultaneously?
2) Although the green card date for Indians with EB2 is not current, can USCIS approve my EAD much earlier ( may be within a year) compared to approving 485 which might take several years?
3) Further can I use that approved EAD to change jobs by bypassing H1B sponsorship?
FAQ Transcript
1. No because the dates are not current. If your country of birth is India you cannot file them together.
2. No because you can't get I-485 filed.
3. Remember NIW is not bound to a particular job except for physicians. Doctors are different, but NIW for non physician employment is not tied to a particular position you can change jobs as many times as you like as long as you are still working in the area of 'intrinsic merit' which is the basis of your filing.
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.