Immigration QnA with Rajiv, Oct 21, 2021(conversation with Yudi on behalf of students&professionals)
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Oct 28, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Discussion Topics, Thursday, October 28, 2021:
FAQ: Change of jobs with an approved I-140 from employer A and Reapplying PERM through B || Impact of reportees outside the U.S. or in third countries on L-1A and EB-1 petitions || Are L-1B visa holders eligible to work remotely? || Approved EB-2/EB-3: Interfiling/upgrading to EB-2 with employers A and B || Working outside the U.S. for four months with a recently issued green card || Documents needed by and anticipated questions for green card holders at the port of entry
USCIS Expands Credit Card Payment Pilot Program to California Service Center
As part of the credit card payment pilot program, the California Service Center is now accepting credit card payments using Form G-1450, Authorization for Credit Card Transactions, for petitioners filing Form I-129, Petition for a Nonimmigrant Worker, for O and P nonimmigrants.
USCIS Commemorates Veterans Day with Special Naturalization Ceremonies
Release Date
WASHINGTON— U.S. Citizenship and Immigration Services will honor Veterans Day this year by holding more than 90 ceremonies naturalizing more than 4,440 current and former members of the military and their families. Each year, on Nov. 11, the nation honors members of the U.S. armed forces who have served the country and defended freedom.
Change of jobs with an approved I-140 from employer A and Reapplying PERM through B
Question details
I have an approved I-140 from my old employer 'A' with a priority date from 2017. Now I am working for employer 'B'. I have a couple of questions about this:
i) Is it worth doing my PERM here through employer 'B' again if I plan to change jobs soon (maybe in a year or so)?
ii) Are there any benefits of doing the PERM now through employer 'B'?
iii) Or would you suggest doing the PERM with my next employer and not bother with the PERM through employer 'B'?
FAQ Transcript
If you are likely to keep moving employers, you could hold off until you know where you will be working long term. You already have a priority date. The date is not likely to become current soon, although freak fluctuations do occur. It makes sense to wait to file PERM again once you are in a long-term position. More...
Note: Where transcribed from audio/video, 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.
Nov 11, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Nonimmigrant Visas
Green Card
Discussion Topics:
USCIS Forms - Authorization for Credit Card Transactions
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USCIS recently updated the following USCIS form: |
Visa Bulletin For December 2021
Number 60
Volume X
Washington, D.C
A. STATUTORY NUMBERS
This bulletin summarizes the availability of immigrant numbers during December for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.
Agency
Green Card
Immigration Law
Impact of subordinate employees outside the U.S. or in third countries on L-1A and EB-1 petitions
Question details
I was on L-1A and later switched to H-4 EAD 3 years back (working with the same Indian multinational company for 15+ years). I manage a large team here in the USA, and some of my reportees are in the U.K. Since the H-4 EAD extension is taking time, my company plans to move me to Canada for one year. As per the plan, I will be back to the USA on an L-1A visa, and then the company will file for my green card in the EB-1C category. I don't have any team in Canada, and I will mainly manage the same U.S. and U.K. team from Canada.
FAQ Transcript
The USCIS will consider the broad range of your duties within the business context, including employees being supervised and managed in countries other than the USA (or Canada). In our experience, the USCIS looks at whether the benefit of the work you perform with your dispersed team flows to the petitioning employer and the corporate group, department, or division within the L-1/EB-1C equity/control relationship. But, of course, your particular facts need to be examined in context. So have your lawyers look at them very carefully.
Note: Where transcribed from audio/video, 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.
Are L-1B visa holders eligible to work remotely?
Question details
This is a question about after the return to normalcy from the pandemic. From an immigration perspective, are L-1B visa holders allowed to work remotely/work from home from within the U.S.? Does it matter whether the employee's house (where she will work from) is near the designated company office location or not?
And lastly, would you expect difficulty with getting the L-1B visa in the first place if the intention is to work remotely/from home (but within the U.S.)?
FAQ Transcript
L-1B holders, unlike H-1B employees, are not geographically tied down. You can work from anywhere. Further, if you work and report in-house and not to a client, you should even be able to change locations without any amendments to your L-1B petition. Only L-1B visa holders who work at third-party sites are subject to certain limitations; the most important one is that you continue to be an "employee" under the company's control that petitioned for you. I can see no reason why the location should interfere with a visa at the consulate.
Note: Where transcribed from audio/video, 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.
Working outside the U.S. for four months with a recently issued green card
Question details
I got my green card last month. I plan to go to India and work from India for a U.S. company for 4 months continuously. This U.S. company is the company that sponsored me for G.C.
Is it legally allowed from the USCIS point of view because I stayed and worked for four months continuously from India? Will there be an issue at the port of entry when I return to the U.S. because I stayed and worked for four months continuously from India?
FAQ Transcript
If you leave for less than six months, your scrutiny upon re-entry is not likely to be overly intrusive. As long as you do not form the intention to abandon your permanent home in the United States, that work stint should be fine. You should also not have given up your job in the United States. In your case, you are working for the same company that was your green card petitioner. Working abroad appears to be a continuation of your U.S. employment. Therefore, this arrangement and duration appear to be safe.
Note: Where transcribed from audio/video, 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.
Documents needed by and anticipated questions for green card holders at the port of entry
Question details
I am a G.C. holder and will travel next month and plan to return to the U.S. in December. What documents do I need to carry and show at the port of entry when I return to the U.S.? What questions does a CBP officer usually ask a green card holder at the port of entry? Do I need to carry tax returns, pay stubs, W-2, and previous H-1B documents ( I was in H-1B before I got G.C.)?
FAQ Transcript
If it is less than six months, all you need to carry is your green card and passport. If you have any evidence of continued employment, for instance, a couple of W-2's, scan them and put them on the cloud. You can show them to the Customs and Border Protection (CBP) officers if asked. Usually, for exits of less than six months duration, the scope of the CBP inquiry is limited. I doubt you will be asked any questions.
Note: Where transcribed from audio/video, 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.
Extension of EAD for H-4 and EAD for L-2 - Not the Best Settlement
I have reviewed the recent lawsuit settlement where the USCIS has agreed to consider H-4 holders to be eligible to continue working while their timely filed EAD extension is pending. Unfortunately, the settlement seems to state that the right to work is only co-extensive with your I-94 duration. Therefore, you do not have the right to continue working for 180 days; only till your I-94 expires. While it is better than nothing, the settlement is not everything that we would like to see.
PERM Processing Times (as of 10/31/2021)
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | June 2021 |
| Audit Review | January 2021 |
| Reconsideration Request to the CO | June 2021 |
Agency
Green Card
Immigration Law
USCIS Opening a New Lockbox Facility
Release Date
USCIS is planning to open a new facility in Elgin, Illinois, next year to expand the lockbox capability.
Successful response to an audit of a submitted ETA Form 9089 (PERM)
We assisted a client company in filing an EB-2-based PERM. The submitted ETA Form 9089 was selected for an audit by DOL. They requested evidence/explanation as to why only the specified combination of a higher degree and significant years of experience were required, beyond the normal requirements defined by O*Net, a source of occupational data often cited by the government.
Agency
Green Card
H-1B extension and change in employer filed while out of status
We successfully responded to an H-1B request for evidence (RFE), questioning the beneficiary’s maintenance of status. The beneficiary’s previous employer (Employer A) had submitted an H-1B extension. While the petition was pending the beneficiary’s nonimmigrant status expired. An RFE was subsequently received by Employer A, and following the filing of a comprehensive RFE response, the petition was denied.
Nonimmigrant Visas
Immigration Law
Successful response to an H-1B petition RFE for a Staff Accountant questioning specialty occupation and degree in a non-accounting field
We assisted petitioner, a public accounting firm, in filing an H-1B petition for beneficiary for the position of staff accountant. We received an RFE requesting additional evidence that the position qualified as a specialty occupation by satisfying at least one of the four qualifying criteria for a specialty occupation. In our lengthy response, we argued that the job duties, as detailed in the petition, and as compared with OOH’s job description for staff accountant not only comports with but goes beyond OOH guidance in its uniqueness and complexity.
Nonimmigrant Visas
Profession/Occupation
Immigration Law
Successful response to a physicians' H-1B extension RFE
We filed an H-1B extension for a specialized medical practice on behalf of a physician who had completed a fellowship in this specialty. We subsequently received a Request for Evidence questioning whether his position satisfied the requirements for a specialty occupation and questioning his current immigration status.
Nonimmigrant Visas
Profession/Occupation
Immigration Law
Successful response to an RFE for a specialty occupation
We were approached by an employer in the health and wellness industry to respond to an RFE (Request for Evidence) for an Operations Research Analyst. The RFE indicated that the job duties were vague, and did not allow Service to ascertain the minimum requirements for the position, or determine whether it constituted a specialty occupation. We responded with considerable detail, elaborating on the job duties and providing considerable context about the employer and the strict FDA (Food and Drug Administration) regulations that they are required to operate under.
Nonimmigrant Visas
Immigration Law
Success in responding to an H-1B specialty occupation RFE questioning the beneficiary’s education qualifications
We assisted an employer in successfully responding to a Request for Evidence (RFE) received subsequent to the filing of an H-1B (specialty occupation worker) extension petition. The RFE requested additional information regarding the employer and the beneficiary’s qualifications. More specifically, the RFE questioned the evidentiary value of an education evaluation that was provided with the petition, requesting additional evidence regarding the qualifications of the college official who authored the evaluation.