USCIS Updates Rejection Criteria for Form I-129
USCIS will reject petitions lacking petitioner’s or applicant’s primary U.S. office address
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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.
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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
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.
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
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.
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
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.
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
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.
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
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.
March 31, 2022, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Nonimmigrant Visas
Discussion Topics, Thursday, March 31, 2022:
FAQ: Impact of criminal misdemeanor case on an F-1 or any status || Protecting immigration status: Traveling with advance parole, divorce proceedings and an entrepreneur on H-1B visa
The Economic Times NRI Helpdesk: Can I extend my US visitor visa before it expires? And other FAQ's answered by Rajiv S. Khanna
Question: I have a visitor visa for the USA for multiple visits up to June-2023. Can I apply for an extension of the visa before the expiry date? Also, advise procedure for extensions and where I can get the application form, so I can keep all details ready.
Answer: I am not aware if there is a procedure to apply for a visitor visa extension before expiration. You can send an email to the consulate to confirm. There is, however, a restriction under the consular standard operating procedures on holding concurrently valid visas of the same type.
April 14, 2022, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Immigration.com
Nonimmigrant Visas
Discussion Topics, Thursday, April 14, 2022:
FAQ: GC-EAD applicant holding multiple jobs and starting own business
Implications on working without authorization on student visa status
Question details
What happens when a student works without authorization because they have no choice as they need the money to support their school or because they did it unintentionally?
FAQ Transcript
If you work without authorization on purpose, it is important to understand the implications. One is your violation of status which is much easier to fix and the other one is if you lie about it in any immigration proceeding. The first one, lets say you are close to getting an H-1B and you have three months or six months or even a year of working without authorization. In a worst case scenario you will have to go outside for H-1 visa stamping. You will not get your change of status. Make sure there is no history of misrepresenting your work status to the government. The moment you prevaricate or you lie about your situation to gain an immigration benefit you have committed a felony which is punishable by five years and also it is a permanent bar from entering the US. Make sure you understand that lying about work authorization or working without authorization is much worse than actually doing it.
But what happens when you do it inadvertently?
For ten days you work without authorization not realizing you don't have the authorization, then it is a very small violation. The government might ignore it and let it go. It is called de minimis. It simply means it is a minimal problem. Hence the point is if you have violated the law inadvertently and unknowingly by mistake you have several options. First of all disclose it when you file the H-1B and if you have fallen out of status talk with your DSO and act upon their advice. They might tell you to apply for reinstatement which should be readily given.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
From F-1 OPT directly applying for a green card
Question details
I was born in the United Arab Emirates, but have Indian citizenship. I did my bachelors in the U.S and am currently pursuing my Masters here as well. I was wondering with the ongoing corona crisis, would it be realistic to apply for GC within 6 months of the job starting and hope I get it before my three years of OPT ends?
FAQ Transcript
Potentially it is possible for you to go directly to Green Card from F-1 if you are not chargeable to India.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
April 28, 2022, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Immigration.com
Nonimmigrant Visas
Green Card
Discussion Topics, Thursday, April 28, 2022:
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.
Can two employers file H-1B for the same employee using an existing I-140?
Question details
I am an Indian national living in India now, working on H-1B from 2006-2011 for a small consulting company based in NY, US,. They have filed my EB2, I-140 and it got approved in 2009. I returned to India due to my personal situation in 2011. So I moved my case to Consular Processing in 2012. I got my date current during the last year 2021 and the Mumbai Embassy scheduled consular processing Interview was scheduled for last month. As soon as I received the interview call I found my sponsoring company in the US has their business. Hence, I have skipped my interview to avoid GC denial and retain the priority date.
FAQ Transcript
1. They can both apply.
2. The answer is no you have to go through PERM I-140 again and you will keep the priority date from the old case.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
STEM OPT employment parameters, volunteering, part ownership, etc.
Question details
1. Currently, I am on STEM OPT, working with my DSO-approved employer. My uncle wants to start a company and asked me for my help. So, an I help him without being an employee of his company?
2. Is active professional volunteering to a family member's company a violation of the F-1 STEM OPT status? I hold a Professional Engineer's license. If I let him use my license for his company, will that be ok under my current immigration status?
3. Can I be a partner in the company and an employee of the company if my uncle hires me as an employee?
FAQ Transcript
1.The volunteering issue is a complicated one. When you are volunteering for charitable affairs or religious matters, I don't think there is any problem. The moment it starts getting into the realm of commercial volunteering it could potentially become an issue. Under the Fair Labor Standards Act (FLSA) private companies cannot take free work.
2. I personally think it is not a violation of your status. As for using your license for his company that could become problematic because the implication is that you are working for that company now. Remember under STEM OPT you can work for multiple companies, but you have to get approval from school for that.
3.The answer is Yes. Under OPT as well as under H-1B. As long as you have a genuine employer, employee relationship.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.