USCIS and CBP Extend Form I-129 Pilot Program for Canadian L-1 Nonimmigrants
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Nov 8, 2018, Recording of Free Community Conference Call (Every Other Thursday)
Immigration.com
Citizenship and Naturalization
Nonimmigrant Visas
Substantial transcription for video
FAQ's
Impact of unlawful presence || Unlawful presence for minors ||How can I downgrade from EB2 to EB3 and the consequences || Traveling abroad while H4 EAD is pending || Filing change of address || Starting business while on student visa || Being without a job on AC21 || Citizenship for employees of consulting companies who have projects in different cities after green card || The new restriction on 12 months of CPT OPT combined – – consequences of H-1B denial on OPT || Not worked for green card sponsoring company – – fraud implication for naturalization/citizenship ||
Other
Applying for a visa || Details of applying for a spouse based green card || Cancellation of visa at the airport || Applying for H1 visa || Quitting green card job after getting green card || quarter exemption scratch that H-1B quota exemption || CSPA || Applying for H4 visa while H one extension is still pending
Impact of Unlawful Presence
Question details
I am a LPR for 1 year. I married my wife 10 month ago. She came here on a J1 visa that expired 12 years ago and she is out of status. She never filed anything with USCIS except the I-130 9 month ago. The new policy implemented on Aug 9, 2018 for the F,J,M students and accrual of unlawful presence says that she will accumulate unlawful presence starting Aug 9, 2018. If she leaves US after February 5, 2019 she will be subject to 3/10 year bar. She plans to leave shortly before that and wait for her priority date to be current in 1.5 years hopefully. Do you think she can have any problems at the consulate interview if she was out of status for 12 years, and she accumulates close to 180 days of unlawful presence?
Watch the Video on this FAQ: Impact of unlawful presence
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.
Unlawful Presence for Minors
Question details
My son’s I-94 and visa are expired in June. We have applied for I-539 for extension in October. Will he be granted the extension.
Watch the Video on this FAQ: Unlawful presence for minors
Video Transcript
For a child under the age of 18 until they hit 18 there is no unlawful presence. They are only out of status. More...
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.
Traveling Abroad While H-4 EAD is Pending
Question details
I changed my job from company A to Company B. H1,H4,H4 EAD is approved for company A. I moved to company B and my H1 change of employer is approved. While H4 is pending with company B. Can my wife travel to India and apply for H4 visa stamping in India?
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.
Filing Change of Address
Question details
I would like to know whether I should update my residential address to USCIS or immigration department in order to keep them informed of my updated address?? Since I'm the beneficiary and my wife is GC holder, she has applied for my I-130 of family based Green card when I was in New York and now I've moved to South Carolina, are we suppose to inform immigration department? If Yes who should inform them, can I give a permanent Mailing address different from my residential address since I may be working on short-term contracts.
Watch the Video on this FAQ: Filing change of address
Video Transcript
FAQ Transcript
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Starting Business While on Student Visa
Question details
I am from India, and I am currently doing my masters in the U.S. My goal is to build my startup as I m doing my masters. Therefore, before coming to the U.S, I have incorporated a C Corp in Delaware with me and my brother as the owners. I don't want to violate my F1 status, therefore, even though I have incorporated the C Corp, We are not actively doing any work since I am not sure working on my startup in University will violate my status. I have tried getting in touch with International student services but I have not gotten a clear response on how I can run my startup as an international student while being on F1.
Watch the Video on this FAQ: Starting business while on student visa
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.
USCIS Clarifies the L-1 One-Year Foreign Employment Requirement
USCIS has published a policy memorandum (PDF, 121 KB) (PM) clarifying the requirement that a qualifying organization employ a principal L-1 beneficiary abroad for one continuous year out of the three years before the time of petition filing (“one-year
Aug 3, 2023, LinkedIn Community Audio Event - Immigration QnA with Rajiv
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Nonimmigrant Visas
Green Card
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H-1B visa holder working remotely from India: Permissibility of working for an Indian company and also starting a business in India
Question details
I am on H1B with company A and currently working remotely from India. Given US rules don't apply in India -
1. Can I work for company B which is based in India and whose payroll also runs in India?
2. Can I start my own company in India while being on H1B for a US company?
FAQ Transcript
The answer to both questions is that there is no problem.
Starting a new venture as an H-1B visa holder: Establishing an LLC/CCORP and Involvement as a Board Member and Founder
Question details
1. How can I set up an LLC/CCORP company for a startup while on H1B?
2. How to become a board member and founder without being an employee while maintaining legal H1B status as per USCIS?
FAQ Transcript
As long as you are only dealing with the USCIS and don't have to travel, I don't see any problem. The key factor is the employer-employee relationship, not the ownership.
Recording for August 10, 2023 Conference Call with Rajiv S. Khanna
Immigration.com
Agency
Nonimmigrant Visas
Immigration Law
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FAQs: Job loss situation - Alternatives and return options for H-1B visa holders with approved I-140 || Remote work for a U.S. startup: Starting off on managerial duties from India before L-1 visa filing
Aug 11, 2023, Rajiv in QnA session on behalf of students, young professionals ( H-1B lottery)
Nonimmigrant Visas
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USCIS Form I-129 Update - Petition for a Nonimmigrant Work
USCIS recently updated the following USCIS form(s):
Form I-129, Petition for a Nonimmigrant Worker
05/31/2023 04:07 PM EDT
Aug 17, 2023, LinkedIn Community Audio Event - Immigration QnA with Rajiv
Immigration.com
Nonimmigrant Visas
Green Card
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
Rajiv Khanna Blog: http://www.immigration.com/blogs
Twitter: https://twitter.com/immigrationcom
Facebook: https://www.facebook.com/immigrationd...
Linkedin: http://www.linkedin.com/in/rajivskhanna
Job loss situation - Alternatives and return options for H-1B visa holders with approved I-140
Question details
I have an approved I-140 (Approved in Feb 2022) which is already 6 months past the approval date & my priority date is August 2020. I am currently on H1B visa where I have already completed my 1st 3 years and currently am on the 1st 3 year extension.
My question is :
1.If for any odd reason I lose my job in the US, and I am not able to find another job within the 60 days grace period, what alternatives do I have within the US and find a job (H4 is not an option for me currently) ? Would joining a consultancy be a safe option to stop accruing unlawful presence OR compelling circumstance EAD ?
2. If I decide that going to India is a better option and want to come back after some time to the US, would I be subject to the H1B lottery at any point in future if my 6 years of H1B is exhausted ? What information or documents are needed to assist for returning back to the US ?
FAQ Transcript
1. B-1/B-2 is another option. Please visit the blog entry on this issue. One might consider refraining from joining a consultancy unless they have a specific project.Compelling Circumstances EAD is not that glamorous, the reason being that it takes a long time to process.
2. You can, of course, stay here while it's being processed, and then it's only given for one year, requiring you to extend it annually if you go to India. B-1/B-2 is reasonably a good option; all you need is a copy of your earlier H-1B approval notice, and that should be enough.
Remote work for a U.S. startup: Starting off on managerial duties from India before L-1 visa filing
Question details
Can an Indian employee start working for a US startup as a manager remotely from India while his L1 is filed a few months later? Will the L1 processing will be earlier for the startup as the employee has been performing the duties and also being paid the required wages (employers ability to pay)
FAQ Transcript
The answer is yes. L-1 does not necessitate a demonstration of the ability to pay, as there is no such requirement for L-1 visas. There are two key points to consider: Firstly, the work must be carried out through a local organization. While there is some ambiguity in this area, you must collaborate with a sister company. Therefore, if the startup has an affiliate or sister company in India and you are beginning work with them, it is completely permissible. However, it's crucial to remember that you cannot qualify for an L-1 unless you have worked outside the United States for a branch or an affiliated entity of this company for a minimum of one year.
Recording for August 24, 2023 Conference Call with Rajiv S. Khanna
Immigration.com
Nonimmigrant Visas
FAQs: - Green card processing, F-1 visa, and H-1B transition: Travel and work considerations - Difference between H-1B consular processing and change of status
Form I-129 Update - USCIS
USCIS recently updated the following form:
Form I-129, Petition for a Nonimmigrant Worker
05/31/2023 12:42 PM EDT
Difference between H-1B consular processing and change of status
Question details
I am on my STEM OPT, and it is valid till July 2024.
My H1B was picked(March 2022) and approved(August 2022) last year.
However, my H1B was approved under the Consulate processing and received ( I-797 B). So, I asked my employer about it and got to know that I can change to H1 status whenever I intend to or after my stem opt expires.
I am planning to go to India in Oct for stamping. So I asked my employer to change my status to H1B, and they mentioned COS is not needed, I can directly go on STEM OPT and get my H1B visa stamped. It will automatically change the status to H1B.
FAQ Transcript
Your employer is correct.