Topics of Discussion:
- Change of status from H4-EAD to H-1B
- STEM OPT EXT
- EB5 investment requirement
- I-485 using cross chargeability
Are you seeking to adjust your status and become a U.S. permanent resident under a family-sponsored or employment-based preference immigrant visa? If you have not yet had a relative or employer file an immigrant visa petition on your behalf, please learn more about the Adjustment of Status Filing Process.
On July 1, 2019, the Office of Foreign Labor Certification (OFLC) published the latest prevailing wage data from the Occupational Employment Survey as generated by the Bureau of Labor Statistics (BLS) for use July 2019-June 2020. Updates include:
WASHINGTON — U.S. Citizenship and Immigration Services (USCIS) is revising the current naturalization test with improvements to ensure it continues to serve as an accurate measure of a naturalization applicant’s civics knowledge and that it reflects best practices in adult education assessments.
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A message sent by the acting director to USCIS asylum officers regarding asylum and internal relocation guidance.
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.
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
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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?
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What is the likelihood that because of working in a dis-similar job, for a different employer, on EAD , my I-485 ( and the GC ) could be denied?
Watch the Video on this FAQ: Working for two employers on EAD
Video Transcript
I don't see any problem with it. FAQ in detail...
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USCIS recently updated the following USCIS form(s):
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
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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?
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I have been working on H1B for a IT consulting company ( employer A), at a client location. My employer will file for I 485 in about 2 months. I am thinking of a few alternatives and wanted to understand the scenarios in which my GC petition might get cancelled or denied by the USCIS or considered abandoned by me. What precautions I need to take if I follow any of the below scenarios.<br>
1.Take a job with a different employer ( may or may not be same/similar to the job with employer “A” )<br>
2. Leave and join a graduate program full time ( may be after I get EAD, so that I do not have to change to F1 student visa)<br>
3. Leave the employer A and leave the USA, go to home country, India. I may or may not take a job in India which may or may not be same/similar to the job with employer “A”
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My Employer has filed my GC in 2014 and I got my I140 but if I want to change a different role within my organization (Changing Cost center), will that impact my current GC processing. Should they start the GC processing from the begining ?
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“The law permits H-1B visa holders to be non-productive as long as they are paid. It is important to note that employers cannot bench employees without payment of their full salaries,” explains Rajiv S. Khanna, managing attorney at Immigration.com
For more information on this news please read the attached file.
"Having these three organizations to intervene in the case is a good development for students,” says Rajiv Khanna, Managing Attorney at Immigration.com.
1. I am a dentist practicing in California, was working for FQHC ON H1 since 2017. I got temp layoff. As per HR they said placed on unpaid leave. My present status OK or am I on my 60 day grace period? 2. H1 Visa expires JULY, I was told they cant renew my visa until I return to work . How soon or late I have time to apply.
1. First of all the 60-day grace period only begins if you have been terminated from employment. More important for your purposes is that they have to tell you (doesn't have to be in writing) that they are terminating your employment. If they don't tell you they have failed to terminate your employment, so there's no question of a 60-day grace period. You can file a complaint with the Wage and Hour Division (WHD) - US Department of Labor. They will get the money for you.
2. In order to continue working and be in status your H-1B must be received by the USCIS before your current H-1B expires so your deadline is to get the physical filing over to the USCIS before your current status expires.
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.
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.