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May 10, 2018 Recording of Free Community Conference Call (Every Other Thursday)
Immigration.com
Citizenship and Naturalization
Nonimmigrant Visas
Green Card
Substantial transcription for video
FAQs: - Effect of I-140 revocation on priority date - H-1B extensions through any employer - Is there any law to provide legal stay to the parent of US citizen child with disability? - Status of off-site placed STEM OPT extension students - how does one change status while within the United States?
USCIS and the Justice Department Formalize Partnership to Protect U.S. Workers from Discrimination and Combat Fraud
WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) and the Department of Justice today announced a Memorandum of Understanding (MOU) (PDF, 2.00 MB) that expands their collaboration to better detect and eliminate fraud, abuse, and discrimination by employers bringing foreign visa workers to the United States. This new effort improves the way the agencies share information, collaborate on cases, and train each other’s investigators.
USCIS Changing Policy on Accrued Unlawful Presence by Nonimmigrant Students and Exchange Visitors
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today posted a policy memorandum (PDF, 179 KB)changing how the agency will calculate unlawful presence for students and exchange visitors in F, J, and M nonimmigrant status, including F-2, J-2, or M-2 dependents, who fail to maintain their status in the United States.
USCIS Completes Data Entry of Fiscal Year 2019 H-1B Cap Subject Petitions
USCIS has completed data entry for all fiscal year 2019 H-1B cap-subject petitions selected in the computer-generated random selection process. USCIS will now begin returning all H-1B cap-subject petitions that were not selected. Due to the high volume of filings, USCIS cannot provide a definite time frame for returning unselected petitions. USCIS asks petitioners not to inquire about the status of their cap-subject petitions until they receive a receipt notice or an unselected petition is returned.
Automatic Termination of Optional Practical Training for F-1 Students If They Transfer to a Different School or Begin Study at Another Educational Level
USCIS reminds F-1 students on Optional Practical Training (OPT) that transferring to another school or beginning study at another educational level (for example, beginning a master’s program after completing a bachelor’s degree) automatically terminates their OPT as well as their corresponding employment authorization document (EAD).
Update to Form I-129CW
USCIS updated the following USCIS form(s):
Update to Form I-129CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker; New Edition Dated 05/09/1805/23/2018 12:00 AM EDT For more information, please visit Forms Updates page.
May 24, 2018, Recording of Free Community Conference Call (Every Other Thursday)
Immigration.com
Citizenship and Naturalization
Nonimmigrant Visas
Green Card
DHS Proposes to Remove the International Entrepreneur Rule
WASHINGTON – The Department of Homeland Security (DHS) is proposing a rule to end a program that allows certain foreign entrepreneurs to be considered for parole to temporarily come to the United States to develop and build start-up businesses here, known as the International Entrepreneur Rule (IE Final Rule).
Recording for May 01, 2025, Conference Call with Rajiv S. Khanna
Agency
Nonimmigrant Visas
Immigration Law
Green Card
Immigration impact of past criminal law allegations - Will a reduced traffic misdemeanor affect my US visa application?
Question details
I was involved in a car accident 2 years ago and got a traffic misdemeanor ticket that was reduced to illegal parking and 200$ fine from court. There was No Arrest & No Hearing. Given the current crisis, I would like to know whether it will impact my visa or immigration cases. If yes, how can we avoid those problems?
Related FAQs:
FAQ: Immigration impact of past omission or errors in Form DS-160 or other government forms.
I am a mechanical engineering PhD student in PA on an F1 visa from a ROW, with no travel ban. Came to the US in Dec 20XX.
When applying F1, made a mistake in DS-160, said i never applied to immigrant visa before though I had applied to DV (DV rejected). I only said so without realizing DV is also called an immigrant visa (I thought it was company sponsor, marriage, etc.); it was an innocent mistake. I realized it last week in an immigration seminar at uni. I also applied for DV after arriving in the USA.
I-20 ends in 12/20XX, F1 ends in 11/20XX, and the passport ends in 2032. Will travel be an issue before 11/20? How likely is it that a random check will reveal this mistake without traveling? I'll tell the truth when asked, but what are the consequences? What can I do?
For OPT, STEM OPT, or if I need extra PhD time and graduate in 2028, will it be a problem if I extend the I-20 duration? Or if I switch to another US uni next semester?
NIW prepared DIY, ready to file, but unsure because it is an immigrant visa, similar to DV. Wanna do PP, with approved I-140, can I get OPT or stem opt (before filing 485)? Should I go home for a visa extension, or can Mexico/Canada do it?
FAQ: Immigration impact of prior dismissed Domestic Violence case
I had a domestic violence case 5 years ago, which was dismissed. With the new government now and the news about visa denials and deportations, can you please tell me your thoughts on if there will be any problems with my stamping even if I get the stamping done successfully, will there be challenges entering into the US in the port of entry?
Or there are no changes in how visa processing is handled for people with dismissed domestic violence cases. Thank you for your guidance.
FAQ Transcript
Minor past infractions, even those reduced to non-criminal violations like illegal parking, are causing concern for visa applicants. Here's a breakdown:
- Non-immigrant visas (B1/B2, F/J): These are the most vulnerable. Even minor issues can be raised during visa stamping due to a shift in the US government's stance, though denial based on a reduced traffic misdemeanor is unlikely. The impact on already issued visas is still unclear and is being litigated.
- Work visas (H, L, E): These are less likely to be affected by minor past incidents.
- Green cards: Generally, only more serious issues, like drug convictions or multiple convictions, pose a problem.
- Citizenship: Good moral character is required, but incidents outside the 5 years preceding the application usually aren't a major concern, and rehabilitation can be a factor.
Regarding the specific question about a traffic misdemeanor reduced to illegal parking with a fine:
- Immigration impact: It should not impact your immigration status (deportability/inadmissibility).
- Visa impact: While the government might cause a delay during stamping, they should not deny your visa based on this.
Crucially, it is recommended to consult with a lawyer specializing in deportation/removal defense (with at least 10-15 years of experience) in the state where the incident occurred to understand the specific potential impact on your case. Dismissals can sometimes have immigration consequences even if they aren't criminal convictions.
Recording for May 15, 2025, Conference Call with Rajiv S. Khanna
Immigration.com
Green Card
FAQs:
1. H-1B extension beyond six years. PD is now current. I changed employer. Options.
2. Employer deducted H-1B premium fee — Will this affect visa stamping or POE?
Other Topics :
H-1B extension beyond six years. PD is now current. I changed employer. Options
Question details
My GC was filed, and I-140 was approved in 2012. My PD is November 2012, which became current in March 2025. However, I changed employers a few years back. My current employer is willing to start my GC application but hasn't started yet. Do I really have only one year from the time my PD turned current to file for AOS? If yes, what are my options to maintain my H1 status?
FAQ Transcript
If your I-140 is approved and your priority date becomes current, you generally have one year to file Form I-485 (Adjustment of Status) to maintain H-1B extension eligibility beyond six years. This one-year window is dynamic: if your priority date retrogresses and then becomes current again, the clock resets. USCIS rarely accepts changing employers as a valid reason for not filing the I-485 within this timeframe, making H-1B extensions difficult if you miss the deadline while your priority date is current.
Employer deducted H-1B premium fee — Will this affect visa stamping or POE?
Question details
My H1B was picked in the 2024 lottery, but there was no progress on the case for months, so I asked my employer to move it to premium. They said that it would be charged through my payroll, and I was okay with that. Later, I received an RFE, and the petition was approved recently.
My employer has already started deducting the premium fee from my last payroll (it is set to be deducted across 6 pay cycles). But when I checked my payslip, that deduction was not mentioned in it. Instead, the base pay is reduced by the installment amount, and then all the taxes are calculated on the reduced amount. This means that for the 6 pay cycles, my pay will be run on an amount lower than the LCA amount.
Will this cause any problems during stamping or at the port of entry? Please let me know if there is anything I can request my employer to change in this process.
FAQ Transcript
Employers are generally not allowed to deduct H-1B premium processing fees from an employee's salary. Most believe the employer should bear this cost. Such a deduction effectively reduces your actual pay, which could lead to issues if your salary falls below the LCA (Labor Condition Application) stipulated amount, or even if it remains above but is lower than your expected wage.
To mitigate this, you should ask your employer to consult an immigration lawyer and reimburse you for the deducted amount, restoring your salary to its original level. This step, while not a guaranteed fix, is crucial for addressing the issue.
Rajiv's Comments in the News - Indian parents face uncertainty over US citizenship for newborns
Published by: The Economic Times - May 27, 2025
https://economictimes.indiatimes.com/nri/migrate/indian-parents-face-un…
Quotes and Excerpts from Rajiv in the article: