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:
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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
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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
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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.
USCIS Updates Rejection Criteria for Form I-129
USCIS will reject petitions lacking petitioner’s or applicant’s primary U.S. office address
What to do About Past Immigration Problems Causing a Current Visa Denial?
Question details
I'm an Indian, living in Canada on PR. I recently applied for a visit visa to the US, and got denied. The main questions I got were regarding University of Farmington. It was a fake university setup by ICE, and then they did a swoop and arrested and deported a lot of the students. I was enrolled into Farmington from Feb 2017 - Feb 2018. <br>
I was asked if:<br>
1) How I didn't think it was weird that there were no classes?<br>
My response - Well yes, that's why I left after a year<br>
2) So what did you do for a year?<br>
My response - waited on more information from the university regarding class timings, and just kinda hung around<br>
3) I was pressed on what I did when I was hanging around, how I paid for things<br>
My response - I worked during that time<br>
<br>
The officer typed up something into the screen for sometime (I'm assuming it's whatever was discussed above) and gave me a denial.
<br>
I did not want to start a debate about immigration laws or how this was Entrapment, or the "bait car" tactic. I thanked him, took my passport and the pink rejection letter and left.<br>
What are my options ahead? Should I:<br>
1) Re-apply and give it another shot?<br>
2) Wait to become a Canadian citizen, then apply?<br>
3) Enroll into an organization that has conferences and such in the US, and based on an upcoming conference (eg: Chicago, or NY), then apply for that conference only?<br>
4) Hire a lawyer to fight this in court as being unfair.
FAQ Transcript
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Applying for Green Card while on Student (F-1) Visa
Question details
I am in F1 OPT and did not got selected in any of the H1B lottery(in all 3 chances). Current OPT ends on 25 Jan 2020. My company is asking if they can apply for Green card for me. I am working as a lead engineer and responsible for P&L of my department. Will you suggest me to go ahead with GC process without H1B?.
FAQ Transcript
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July 11, 2019 Recording of Free Community Conference Call (Every Other Thursday)
Nonimmigrant Visas
Green Card
Substantial transcription for video
Topics of Discussion:
- Change of status from H4-EAD to H-1B
- STEM OPT EXT
- EB5 investment requirement
- I-485 using cross chargeability
H-2B Petitioners Must Include Temporary Labor Certification Final Determination with Form I-129
On July 3, the U.S. Department of Labor (DOL) implemented its new Foreign Labor Application Gateway (FLAG) system for the H-2B temporary non-agricultural worker program. As of July 3, employers who file an H-2B application for temporary labor certification in FLAG will only receive a temporary labor certification electronically.
Issues Related to Tourist Visa/Business Visa (B-1-B-2) Extensions
Question details
My father recently renewed his B2 Tourist Visa - and was given the 10-YR Multiple entry visa. He is currently visiting USA and his current I 94 expires in end of May 2019. Due to some medical issues - we were contemplating about requesting a 2 to 3 months extension for his stay - if possible. Would you necessarily have to provide an evidence in the form of a return ticket (about 3 months hence from end of May 2019) - to prove that he indeed intends to go back
FAQ Transcript
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Traveling While H-4 and EAD is Pending
Question details
Wife's H4 change of status application (I-539) and EAD (I-765) filed concurrently and in process. Can she travel outside country, get H4 visa stamping done and reapply separate EAD (I-765) again?
FAQ Transcript
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H-1B Unpaid Leave or Time off
Question details
I am working on H-1B for Employer A. I want to switch jobs and need a study time for about 3-5 weeks full time. I was thinking if I could go an unpaid leave from my current job for 5 weeks, and use this time for my preparation? It gets tricky as I cannot tell my current employer the actual reason for my intended leave. How will my H-1B status get affected due to this? Can I be in the US during this time? If yes, under what conditions?
Watch the Video on this FAQ: H-1B unpaid leave or time off
Video Transcprit
FAQ Transcript
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What to Expect from H-4 EAD Revocation
Question details
I am on H4 EAD working in a full time job .Now as their are news coming to revoke H4 EAD, if the H4 EAD rule revokes, what might be the other options for me to continue my job? If I join masters, will I get the CPT if I change to F1 visa in the final semester. Is it valid like that?
FAQ Transcript
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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.
When does one become H-1B cap exempt - change of status/visa stamp?
Question details
At present I am working in OPT ( expires in June 2020). I have an unused stamped H1B visa which I got in August’ 2013 and my visa stamped in my passport on August,2014. However I never traveled/ worked with this H1B visa and expired in October’2016 without using or entry. I came to USA in January’2016 in F1 Visa. My question is can I use this unused stamped visa for cap exempt as transfer of employer from F1 visa to H1B visa now? or do I need to apply in Master’s cap next year.
FAQ Transcript
In your case if we counted from six years from August 2013 when your H-1B was approved, you are then okay or cap exempt till August 2019. But again, the policy has been that they count the six years from the date your H-1B expired which is 2014 not 2013. Policies can change overnight so I think you can apply for an H-1B exemption as an H-1B exempt worker.