Workload Transfer Updates - L-1 Cases
USCIS transferred some of the following cases from the Vermont Service Center and California Service Center to the Texas Service Center:
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H-1B visa extension: No change in policy, says US Citizenship & Immigration Services
In a huge relief for Indian techies spooked over reports of the Trump administration considering a proposal to prevent the extension of H-1B visas, the US Citizenship and Immigration Services said it “is not considering a regulatory change that would force H-1B visa holders to leave the United States” reports The Indian Express.
Recording of Free Community Conference Call (Every Other Thursday), Jan 11, 2018
Immigration.com
Nonimmigrant Visas
Green Card
Substantial transcription for video
Discussion Topics, Thursday 11 January 2018:
FAQ: Submitting adjustment of status, form I-485, When the applicant is in between projects/not working || H-4 EAD rules change and H-1B extensions rules change || Change in job title after getting a green card approval || Transferring H-1B while an RFE is pending || How to find an accredited university to get Master’s degree to process an EB-2 green card. Other: Wage requirements under the H-1B LCA ||Converting back to H-1B from a compelling circumstances EAD ||Extending H-1B from outside the USA with an approved I-140 || RFE pending delay in an adjustment of status case || Applying for adjustment of status while in authorized period of stay||Status while an H-1B extension spending ||Questions about EB-5 green card through investment/investment visa ||H-1B quota exemption if approved within
USCIS Will Email Notifications to H-2A Petitioners, Use Pre-Paid Mailers to Send Requests for Evidence
Beginning Jan. 22, 2018, USCIS will email notifications of receipt and approval to H-2A (temporary agricultural worker) petitioners who file Form I-129, Petition for a Nonimmigrant Worker. Also starting today, USCIS will use pre-paid mailers provided by H-2A petitioners to send requests for evidence (RFE) if issued in a case.
H-4 EAD and H-1B Extensions Rules Change
Question details
1. I have completed 6.9 years on L1A and move to H4-EAD based on my wife’s approve I-140. Now H4 EAD may go away. What option do I have to stay here and continue working (even after gap of a few months if needed) or I need to go out of US for at least 1 year and come back? <br>
2. I have already completed my 6.9 years. Can company apply H1B for me in April 2018 and I can come back to US after spending 1 year outside. I believe H1B can be applied only 6 months prior to joining that job. But I can’t start working from Oct 1st as I already completed 7 years without pending GC labor/ I-140. In that case I can apply H1B only in April 2019 and start working from October 2019?
Watch the Video on this FAQ: H-4 EAD rules change and H-1B extensions rules change
Video Transcript
1. What you could try doing is have your green card started and you can use that to extend your H-1.
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), Jan 25, 2018
Citizenship and Naturalization
USCIS I-129 for First Time TN Applicant
We went to US Consulate, Ottawa and got my wife's TD visa stamped in her passport.
Nonimmigrant Visas
Changing Jobs After I-140 Approval, Returning to the Old Job, etc.
Question details
I am on H1B visa in US from 2008 with employer A, and i have I-140 approved in 2011 from Employer A, Now in 2017 i am planning to change my employer to Employer B.
My question: Scenario 1 : If say Employer B doesn't sponsor/start my GC/I-140 in 3 years, can my employer B use Employer A's I-140 to renew n number of times ?
Scenario 2: If I didn't like employer B in future and they have not sponsored or started my GC/I-140, can i switch to Employer C ,using Employer A's I-140.
Scenario 3:If I didn't like employer B in future and they have not sponsored or started my GC/I-140, then I switch to Employer A ,using Employer A's I-140 .. now do employer A again has to restart GC/I-140 ?.
Scenario 4: How much of over lap of dates of employment can happen b/w Employer A and Employer B.
Watch the Video on this FAQ: Changing jobs after I 140 approval, returning to the old job, etc.
Video Transcript
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.
Implications of Acohol-Related Convictions, such as DUI, on Immigration or H-1B
Question details
I am on H1B visa and was charged with DUI(1st off, no injuries, no aggravating factors) on October 29th,2017 at 2:30 AM in Harrisburg,PA. Took breathalyzer test and also the eye test was taken. After that I was taken to the booking center for bio-metrics and blood test. After 3 hours I was allowed to go home.
I have been charged with the following:
Gen Imp/Inc of Driving Safely - 1st Off 10/24/2017
DUI: High Rte of Alc (Bac.10 - <.16) 1st Off 10/24/2017
Obedience to traffic control devices - hazardous condition 10/24/2017
What should be the next steps to be taken. Also how and what can be done to reduce the charges?
Video Transcript
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.
Staying in the United States Based Upon Medical Need of Child, B-2 or Humanitarian Parole
Question details
Currently I am in India, my H1-B got denied and left US. My wife is in US on the basis of change of status from H4 to B2 on humanitarian grounds due my daughter's chronic medical condition. Her B2 is still under process and if approves then good till 24th Feb'18.
Since It is uncertain I will get another employer who can sponsor h1b immediately,
Is there any provision for US born, parent can stay due to her undergoing intensive treatment?
Can we apply for humanitarian parole?
Video Transcript
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.
Effect of Salary Variations During L-1A Visa
Question details
I came here on L1A. At the time of petition, my offer letter from my employer had a salary of $120K annually. This is $10,000 monthly. I want to know if running my payroll for less money will affect my GC process which I am planning to apply next year. Considering following situations, Will it affect my GC process which I am planning to apply after 1 year from my arrival date? 1) If my payroll is run for lesser salary e.g. in the range of $6000 to $8000? 2) If my payroll is run with (salary + bonus) to make it a total of $10,000/month (120K annually). For example salary = $6000/month and bonus = $4000/month
FAQ Transcript
Video Transcript
Ideally, you should be paid what is indicated on the L-1 paperwork, but there's certainly no law that I can point to that mandates that result. It is just a general sense of uneasiness because it could go into eligibility. Also, if your payroll is run with salary plus bonus I think then you should be ok although I haven't researched this issue. Have your lawyers look into it.
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.
Jan 27, 2024, Rajiv in QnA session on behalf of students, young professionals ( DUI Case)
Immigration.com
Nonimmigrant Visas
Immigration Law
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
Recording for February 01, 2024 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
Green Card
FAQ: What is the path for an entrepreneur from STEM OPT or H-1B?
Feb 10, 2024, Rajiv in QnA session on behalf of students, young professionals
Immigration.com
Nonimmigrant Visas
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
Recording for February 15, 2024 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
Green Card
FAQs: Blacklisted employer, F-1, H-1B, L-1 turned back at the airport || H-1B visa and entrepreneurship: Launching a business with US citizen brother, Shareholding, Green card || National Interest Waiver standards; AI list of critical and emerging technologies focus || OPT EAD errors and typos: Eligibility for resubmission or renewal strategy? || How to calculate time: H-1B grace period; H-4 COS; H-1B transfer delays
The path for an entrepreneur from STEM OPT or H-1B
Question details
I'm on F-1 OPT with a STEM MS Degree. If I put a startup, I will be performing my roles directly related to the degree.
1) To establish employer-employee relations would having a board of directors be sufficient during STEM OPT?
2) If I apply for EB2-NIW and get I-140 approval then can I immediately shift to other non-tech roles within my startup (CTO -> CEO) Or do I have to wait for 6 months before doing that, all the while when I-485 is pending?
3) If I shift immediately and use I-485 EAD instead of F-1 EAD, then can that lead to I-485 being rejected?
Should I wait at least 6 months before using I-485 EAD? Also, if the startup fails, does that discontinue my I-485 process having approved I-140?
FAQ Transcript
There are various visa options for entrepreneurs both inside and outside the USA, between non-immigrant and immigrant visas. Non-immigrant options include B-1 for temporary business visits, the International Entrepreneur Rule for temporary parole, and treaty visas like E-1 and E-2. Immigrant visa options include EB-1 for exceptionally qualified individuals, EB-2 National Interest Waiver (NIW) for those impacting US interests, and EB-5 for investors. Overall, EB-2 NIW offers flexibility in job changes within the same field and may lead to a green card without being tied to a specific job or employer.
FAQ: H-1B visa and entrepreneurship: Launching a business with US citizen brother, Shareholding, Green card
Question details
I am currently on an H-1B visa. I am planning to start a business with my brother who is a US citizen and needs some guidance.
1) Until the business is operational and generating revenue, can I just be a partner in the company without doing any work visa application with it?
2) Can I have more than a 50% share in that company? If so, would that impact anyhow my H-1B with the current company?
3) In the future, if I want to file for concurrent or full-time H-1b through the new company, is it difficult to get it approved if my brother and I are the partners of the company?
4) Once I am on an H-1B visa in this new company, can the company file for my green card in the EB-1 or EB-2 category?
5) Does the company need to meet any specific conditions before sponsoring for H-1B and Employee-Based Green Card such as being E-Verified or having at least few citizens before hiring non-citizens?
FAQ Transcript
Owning more than 50% of a company makes obtaining an H-1B visa difficult under current regulations. This is because the H-1B is for employees receiving a base salary, and owning a majority share raises doubts about a genuine employer-employee relationship. While regulations easing this restriction are pending, they haven't been finalized yet.
However, if you're a minority partner with your brother holding the majority and the job aligns with your field, securing an H-1B (concurrent or full-time) may be possible. Unfortunately, getting a green card through this company wouldn't be feasible due to your ownership. Consider exploring the EB-1A green card category, which recognizes individuals with exceptional ability in their field and doesn't require employer sponsorship.
Blacklisted employer, F-1, H-1B, L-1 turned back at the airport
Question details
My friend's F1 visa was recently revoked, and he was forced to return to India because his first employer had been placed on a blacklist. Also, he has applied for an OPT extension, which will provide him with an updated EAD, but we don't know how this would affect the process of getting the New EAD. He is working with a firm on a contract job now, but the end client which is a state gov company is considering him for Full time and can sponsor him for H1B. His old EAD expired on the 9th of January. He was traveling from India to the States on the 4th of January and was sent back. Questions: Is there any way that he could reinstate his Visa? Can the company sponsor H1B directly, if so what documents would the company need? If the H1B is picked, when can he travel back?
FAQ Transcript
Being turned away at a US airport or port of entry can have significant consequences. Here's what you need to know:
Voluntary Withdrawal: If you choose to withdraw your application for admission, you avoid a 5-year entry ban but may have limited options when seeking to re-enter the US in the future.
Refusal of Admission: This comes with a 5-year ban on re-entry. In some cases, you may be able to apply for a waiver.
Fraudulent Employers: Involvement with any employer who engages in fraudulent activities can lead to a permanent ban on entering the US. It's incredibly difficult to get a waiver in these circumstances.
To avoid these situations:
Be Aware: Stay informed about potentially fraudulent employers. Universities may alert you if they suspect issues.
Consult an Attorney: If you've worked for an employer you now believe to be fraudulent, immediately consult an immigration lawyer. Your level of involvement and when you leave the employer will have a significant impact on your potential liability.
Important Note: There are currently no known successful lawsuits against fraudulent employers in these types of situations.