Rajiv's Article - Biden administration begins reversing Trump's damage on H-1B and immigration
Published by: The Economic Times - Date: January 21, 2021
Published by: The Economic Times - Date: January 21, 2021
FAQs:
I-485 AOS filed - Maintaining H-1B status after getting EAD/Changing jobs after I-485/Being unemployed/Start own business, etc. (Filed for I-485, EAD, AP along with EB-2 to EB-3 I-140 downgrade)
Other Topics :
Maintaining green card status outside the USA during the COVID-19 pandemic || Filed for I-485, EAD, AP along with EB-2 to EB-3 I-140 downgrade and maintaining H-1B status after getting EAD || Receiving green card in a few months on the EB-1C/L-1A route and consequences of changing jobs or leaving job immediately after green card approval || H-1 Visa Laid-Off repercussions, F-1 pending - 60 day grace period || Investing in real estate property, stocks and day trading in the USA with an LLC || Employer not willing to file I-824 to support filing Adjustment of Status (AoS) || Currently on J-1 visa and PERM application is in process: Type of waiver, if needed, to present for same-sex spouse who is on J-2 || H-4 to F-1 and biometrics appointment schedule || H-1B Cap exempt and spouse on H-4 EAD seeking a job || Unemployed on H-4, filed I-485 AOS as a Principal Applicant with Supplement J || How to ensure application in process and get A#. || Spouse currently studying on H-4, applying for her F-1 Visa. Both I-140s approved. Will not going on an H-4 EAD create issues? || Applying for citizenship for Parents with green card and continuous residence issues || F-1 visa expires while waiting for marriage-based green card.
I have filed for I-485,EAD,AP along with EB2 to EB3 I-140 downgrade in October 2020. Got the receipt notices.
1)After 6 months of I-140 approval & I-485 pending with USCIS. Once if I switch job to new employer and use my EAD,AP. Should I have to ever come back to my employer (who sponsored my green card)before I receive green card or after I receive green card for any duration of time anytime?
2)What happens if I stay unemployed after using EAD for some days before I receive the green card? Is my I-485 automatically denied?
3)Is it possible for me to go back to EB2 line with same employer if I start using EAD and AP based on EB3 downgrade I receive?
4)Is it possible to start a company on my own using my EAD and work for my own company till I receive green card? If yes, then say I am working project to project basis consulting do I need to file any other documentation?
5)Why do people maintain H1B status even after getting EAD. Only risk I understand is I-485 denial. But if everything is clean and clear with respect to I-485 why do candidate needs to keep maintaining H1-B visa.
6)What are the risks for EAD and AP renewal. Does the candidate need to prove anything related to job/salary etc any time for renewing EAD and AP each time till I get green card.
Video Transcript
1. The answer is no. But if you want to you could.
2. AC21 protects you from these layoff periods and periods between changing jobs.
3. No problem.
4. Try to not open with your own company. But if you have to and you're stuck in a situation, talk to a lawyer.
5. If the I-485 gets into a difficult situation having an H-1B is a good safety device.
6.You don't have to prove job salary to get these renewals. FAQ in detail...
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.
Note that the “A” Visa, G Visa, and NATO Visa are similar diplomatic visas. The “A” Visa applies to diplomats and foreign government officials, and their assistants; the G Visa applies to national representatives to international organizations; the NATO Visa applies to NATO representatives, staff, and families. Anyone in the diplomatic field may wish to review the descriptions for all three of these visas.
Agency is prioritizing naturalization ceremonies during the COVID-19 pandemic
In response to the coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services is extending the flexibilities it announced on March 30, 2020, to assist applicants and petitioners who are responding to certain:
The petitioner is a newly established religious organization {has IRS 501( c )(3) and state registration}. However, its principal place of business (this would be the beneficiary’s work location as well) is still under construction (so far, they have made good progress in the construction of the building). The petitioner does not conduct any religious programs yet. No other primary office location. Can the petitioner file an R1 for a minister for future employment? Would there be issues with the site visit if the facility is not completed by then? Do you have any advice on how to proceed with this case?
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.
1. My son is currently a student studying engineering at a 4 year public college in Illinois. I am working in the US on H1B, and my son is on H4. The issue is that he turns 21 next year before he would finish his final year in college, and since would age out of the H4 So what are the options he has left to continue his study Can he change to F1?<br>
2. What are the caveats to this? Can he do the adjustment of status in the US, or does he need to travel out of the country? I've heard that F1 visa processing takes a long time to process, and there is no determinate time - he has about 14 months for him to become 21 years as of now. When inquired the college said they are not processing the I-20s for Fall 2021 now, only for Spring 2021, and have asked him to wait, what are the consequences of this ?
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.
WASHINGTON – The Student and Exchange Visitor Program (SEVP) announced modifications Monday to temporary exemptions for nonimmigrant students taking online classes due to the pandemic for the fall 2020 semester. The U.S. Department of Homeland Security plans to publish the procedures and responsibilities in the Federal Register as a Temporary Final Rule.
Published by : Times of India - Date: July 08, 2020
I recently became US citizen and now planning to file for green card for my own parents from India. However, in past my parents overstayed on their visitor visa(6 months) in UK from 2002 to 2013. They applied for asylum in 2006 and case was going on but then they withdrew their file and then they were sent on their emergency passports(as their old passports were lost and expired, they were given white passport) to India. They had no other criminal activity there and also have No Objection Certificate from Police department of the city they were staying in UK. Now they have their new passports printed from India.
I wanted to know that Does any of this situations in past makes it difficult for them to obtain permanent residency in USA?
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.
Volume X
FAQs: Covid-19/Coronavirus applying for B-2 status || Working from Canada on or off H-1b || How can I qualify for EB-1C/International Managers or Executives ||
OTHER: STEM OPT EAD || Travel on I-539 || AC21 portability || Day trading on H1b (I-140 approved) or on H4? || Can I withdraw the COS to H4 once my H1b is approved? || Green Card expiring, filing I-90? || Disorderly conduct arrest record in the I-485 form || Entry restrictions on visitor visa || Reckless ticket and oath ceremony || Immigration processing delays || Pay on H-4 EAD expiry || Travel to India while the i-539 application is pending ||
USCIS has updated the USCIS Policy Manual with clarifying guidance on the deployment of investment capital under the EB-5 Immigrant Investor Program.
I came to the US on H1b in 2010. My i140 got approved in Dec 2013. I joined a new employer on 21 Feb 2020. My H1B got approved till 20 Feb 2023, But I did not receive any receipt notice for my wife and my elder son H4. My employer told me that he applied for an H4 visa for my dependents.
Unfortunately, I got laid off due to COVID-19 and my employer notified USCIS on 8th June 2020 to revoke my visa. My priority is to find a new job. But in case I do not find any job I would like to move out of the USA, I do not want to accrue unlawful days. But, due to the COVID-19 situation in India, I am scared to travel to India.
My wife called USCIS and was asked to email USCIS on lockboxSupport@uscis.dhs.gov to notify her of the receipt number of my wife and son. But she has not received any response.
I want to stay in the USA until the COVID-19 situation becomes normal. As per the Document COVID Coronavirus Converting to B-1 B-2 status.pdf on your website, I can apply for a change of status to B1/B2?
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.
Questions,
1. Can I stay in Vancouver while I commute to Seattle for work once a month for a day?
Is there any restriction on the amount of time I need to spend inside the US on H1B?
Is there any restriction to how frequently I can go in/out of the US on H1B?
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2. Since my work location would be changing to Seattle from California for me to be able to do this. I am suspecting my PERM will need to be refiled. But given that my H1B is expiring next year and the PERM, I140 process takes almost 1-1.5 years. Can my current company use an older existing approved I-140 petition to help me get my H1B Visa extended? My older I-140 had been approved for more than an year before I left the employer.
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3. Will doing this have any impact on my H1B Renewal? I would need to go for re-stamping next year in September.
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.