USCIS Forms Update Notice
USCIS recently updated the following form(s):
Form AR-11, Alien’s Change of Address Card
11/02/2022 04:03 PM EDT
USCIS recently updated the following form(s):
Form AR-11, Alien’s Change of Address Card
11/02/2022 04:03 PM EDT
FAQ: Explaining PERM Prevailing Wage Determination (PWD) and its elements || Recapturing H-1B unused time (Remainder Option); Changing H-1B field; USCIS’s stand on combining degree and work experience || H-4 EAD visa holders opening an LLC in the U.S. and employing their H-1B holding spouse on concurrent H-1B || Gap in status, for instance, H-1B and H-4 status issues || Eligibility for EB-1A (Extraordinary Ability)
I was on H-4, and it was valid till Jan 2023. I got my h1b approved via the Change of Status application and it came along with a new I-94 date. My employer is saying that they need some time to onboard me. They are working on finding a suitable project for me and it is going to take some time. Is it ok to defer the joining date and should my employer or I file any application to let USCIS know that I am not starting the job right away?
That is not your problem, they should be really paying you. It is illegal. They cannot keep the employee out of a payroll. Employers cannot stop paying you merely because they don't have a project.
I did my Masters in chemical engineering in the US and then worked for an environmental firm in NYC, where my H1B was sponsored. I got my H1B in 2019 (Oct 2019 start date), and then I moved to India in Dec 2020, and it’s been almost 2 yrs here in India.
I have approx. 4.5 yrs remaining on my H1B. My questions are below:
1. Am I eligible to use the H1B remainder option for a different employer under a different field under cap exemption? I want to know if I can work in the business domain and not in the chemical field using the H1B remainder option.
2. Say I find an employer in the US in the business domain who is willing to sponsor me directly? Do I need to apply for a new H1B and go through the April lottery? What are the consequences?
3. Lastly, if I plan to do an MBA, which would be my second master's in the US, is it possible to use the H1B remainder option from my first master's and work in the business domain?
Currently we got H-1 and H-4 approved from Sept 2022 -2025. I am on H- and having difficulties in getting dates for visa. My wife on H-4 was able to book a date. If she goes with both the approvals and I am in US and my H-1 is not stamped. Will there be a problem for her in getting her visa stamped?
Consulates have been inconsistent. Many times, they do not stamp an H-4 visa unless the H-1B visa has been stamped. It may be best to email and confirm with the consulate where you are going.
Hi Rajiv Sir, I am on H-1B visa. But I was laid off. Due to some personal reasons, I need to go to India for 6 months. Can I apply for a job from India? And will the visa still be valid for obtaining work in the US?
You can apply for a job from anywhere. If you are offered a position, you can start working remotely while the new employer applies for your H-1B transfer.
I have been on H1B for almost 5 years and I recently got my PERM approved. My employer will file for I-140 soon. My question is related to priority dates. I saw one of your videos where you explained that the priority date practically belongs to the employee. So does that mean when an employee gets I-140 approval then the employee can change employer at any time and keep the same priority date for the next filing with the new employer?
What happens if an employee leaves or gets laid off after a month of getting i140 approval and the old employer decides to withdraw/revoke the application? In this case, can the new employer use the same priority date or get the new one for the employee? If a new employer gets the new one then what happens when an employee's 6 yr H1B term has finished before new i140 approval comes, does he/she get extension on H1B based on new application?
As per the regulations dated 17, January 2017 the moment your I-140 is approved the priority date is your property not the employers. Therefore even if the I-140 is revoked the same day and if it was approved, that priority date is yours to keep. You can take it across to any employer. If you go to another employer and if yours is a labor cert based case being filed you have to redo the PERM and the I-140 but you will carry the old priority date which is a big advantage.
In addition to your priority date, if the I-140 remains approved for 180 days, you can continue to extend your H-1B with any employer after six years. They cannot take that right away even if they revoke your I-140.
I am on the H-1B visa right now, still in my initial 3-year window, have this query about Prevailing wages In the Perm process. My company is filing Perm under the EB2 category, it was submitted in September 2022, and the current wait time is around 8-10 months so I am still waiting to hear back from authorities.
1. I had asked my lawyer for a copy of the PWD, but they said it is a company document. Is that correct?
2. When I asked about the wages mentioned in the document, they told me the figure is 123k $ and would be paid to me after the green card is received. This prevailing wage figure is 35% higher than my current wages. Does the prevailing wage figure include cost to the company? ( insurance,401k plan for which company pays for me) or is this figure to be paid to me as a yearly salary? Also, being an Indian, and Since mine is EB2 filing, I may not receive a green card until the next 15-20 years. Is there a way I can negotiate for this salary after the perm is approved?
1. Regarding 'H1B remainder option', what is the time limit (in years) where one can remain outside the US and still recapture their H1B remaining years? I am currently in India and have been here for two years now. I have approx. 4.5 yrs remaining on H1B and would like to recapture it. By when should I find an employer/employment so that I am eligible to use this H1B remainder option?
2. I did a Masters in chemical engineering in the US, and my H1B was issued in 2019. H1B is a specialty occupation, and I was told that H1B could only be used to work in the same field of study, i.e., chemical engineering in my case. However, with this 'H1B remainder option', are you inferring that one can actually change professions and still work in domains like software or finance in the US again?
Even if you were outside for ten years you could still come under the remainder option as per the laws today.
You can change professions as long as you have a degree in the right field.
My spouse is on H4 EAD, and I'm on H1B. Can she start an LLC and apply for a concurrent H1B for me so I can do two jobs? Please let me know if this is legally possible. Any dangers associated with it?
Sure why not as long as you are truthful with the government. Concurrent H-1Bs do not require Lottery again.
Can we file two PERM simultaneously, one for the current job level and one for the future promoted level? My employer filed my green card based on my master's degree and no experience as a job requirement. So, what are the chances it will pass recruitment during PERM, keeping the current recession in mind?
Technically, you can apply for two jobs like this because they are two different jobs. Definitely when there are specific skill requirements the chances of success are a lot better.
I am in 3rd year of an H1B visa, and my current employer has filed for a green card (currently in the PERM process). I am currently a Sr. Energy Engineer with industry experience of 5+ years.
I have evidence for all the criteria. Do you think I might be eligible for the EB1A category?
EB-1As are given based upon the two-step analysis. The first step is quantitative: Do you meet three out of ten requirements and if you do then you go to step two. Click here for more
I was on F1, and my spouse was on F2. My H1B was approved in 2020 for client A, but COS from F1 to H1B was denied, so I just continued my F1 status. Later, I moved to client B, and my employer filed an H1B Amendment and got the complete approval with I-94, effective 29th April 2022. After approval, we filed I539 for my spouse's COS from F2 to H4 (still pending) with a receipt date of 17th May 2022.
Question: Since there is a gap between my H1B start date (04/29) and my H4 receipt date (05/17), may the USCIS deny our case? If so, what are our best options to proceed further?
Technically Yes, this can be an issue.
USCIS recently updated the following form:
Form I-129, Petition for a Nonimmigrant Worker
11/02/2022 12:05 PM EDT
Given the current situation with tech layoffs, I wanted to understand the options available for people in my situation.
I’m currently working in the US on H-1B and my GC application (I-485) with PD July 2014 and 485 is in “Case remains pending”.
I have 485 EAD approved till 2024 and Advanced Parole is still pending.
Now if someone switches to EAD and their date becomes current before they can find a job. What are their options?
Also, do we have any info on what the status “Case Remains Pending” means?
1. Switching to EAD is very easy. There is no formal process for it. All you have to do is when you want to convert from H-1B or if you have been laid off present your EAD as documentation of your authorization to work.
2. Travel back into the United States with an H-1B visa and that of course comes after you get an approval from the USCIS.
3. In a case like this you should get your approval. Make sure you get the next job in the same or similar field. Keep some documentation that shows they are in the same or similar field.
1) I-485 Filed under EB 3 Downgrade - More than one year back and pending
2)Independent I140 Approved both in EB2 and EB3 (Not as Amendment)
3) Currently working on H1B Work Authorization
4) I-485 EAD and AP Available but never used (EB3 Category)
Questions: -
1) If you change your job but by transferring your H1B (Change of Employer) and NOT use EAD, would the AC21 still apply (Same or Similar Job constraint) if you want to keep the I-485 alive?2) You said the last call that for Same of Similar Determination - USCIS Looks at all aspects:
a) Do the Job Duties and Actual Job Title need to be a dollar-to-dollar match?
b) Job Location Changes (One City/State to Another) and Job Mode Changes (From Onsite to Hybrid or Fully Remote) - Allowed?
c) Compensation Differentials - Positive or Negative - Any specific considerations/grey areas
1. Absolutely fine. There is no law that states that in order to enjoy job portability you must necessarily use your EAD. In fact, in ninety nine percent of the cases I would advise you to transfer on H-1B simply because if there is a problem with your I-485 we are on solid footing to fight it out, otherwise you would be out of status and unlawfully present if your I-485 is denied. Hence definitely keep your H-1B active.
2. That depends. It doesn't have to be a one-on-one match job location. You can move from one state to another as this is a part of AC21 compensation. The only time you will have a problem is if the compensation is unexplained and it's a huge jump. Always ask an attorney who understands your situation to review your file.
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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.
Is it considered a violation of F-1 status to be on "unpaid leaves of absence" instead of being unemployed while waiting for OPT approval?
In my opinion, if you go on leave without pay you are only entitled to benefits or not even benefits as long as you are not working. I do not consider this to be a violation of the student status.
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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.
I have a valid I-140 from my old employer and have not ported it to my current employer. Currently, I am not staying in the US, and my dates have become current.
I have below clarifications:
Can we file for Consular processing GC from abroad through my previous employer if they are open to hiring me back. At the same time I don't want to impact my current job as the old employer does not have their presence outside the US. As per my knowledge, I cannot file GC through CP; however, if I move back to the US will I be able to file I-485 without joining my old employer?
The answer is yes on both counts. The law does not require you to hold the green card job presently. Talk to your lawyers about it and make sure everything else is in order. However, if someone is outside the U.S. he or she can continue to process his or her green card.
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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.
1) Can we file for naturalization in a different state other than the state of residence. If I live in Texas, can I file for naturalization in California?
2 ) Can we travel abroad and come back with the Naturalization application in process.
1. You have to file where you have been domiciled for 90 days at least. You have to be living where you apply for naturalization.
2. If it is less than six months there shouldn't be any issues.
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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.
I'm an Indian national living in the USA.
1) Employer A filed I-140 (EB2) which got approved with a PD: AUG-2014.
2) I switched jobs from A to Employer B.
2. a) Employer B concurrently filed I-140(EB3) and I-485/765/131. This wasn't a downgrade from EB2 to EB3. This I-140 also got approved and able to port PD: AUG-2014. Also I-765/131 got approved. But I never used them.
3)I switched jobs from B to Employer C.
3. a) Employer C only filed H1B and I-485J.
Currently, with Employer C and my EB2 final action date became current(As per the June visa bulletin). Now I technically have tw
o approved 140s(One in EB2 and the other in EB3)
Questions:
1) Can employer C do a I-485 interfiling to use I-140 (EB2) instead EB3?
2) Since my PD became current in EB2, What would be the best option for me so that I get my 485 adjudicated sooner and get the GC.
1. The reply is “No”. They cannot because employer B’s EB-3 was inherited by employer C, and you never filed a I-485 so that cannot be used.
2. Either go back to the first employer if they have a job offer. You can actually apply for a I485 without joining but this should be discussed with your lawyers in detail. Hence you could file for a I-485 based upon the job offer and I-140 which was approved through employer A but if you want to stick with employer C either you stick with EB-3 or you start another PERM application through them for your EB-2 categorization.
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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.
Is it eligible for green card sponsorship if a job allows working remotely?
There is no requirement that you must be in the United States when your green card is filed. It can be filed while you are still outside the United States.
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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.
I received a Green card (GC) last year (Dec 2021). I travelled to India in January 2022 for vacation and have been staying here in India for last 4 months. While on vacation, I have been working for a US employer from India. This is the same employer who sponsored my GC. I am planning to go back to USA in June 2022. This will be the first time I will be travelling back to USA using my GC. Kindly see my questions below.
1) If I mention that I was in India for four months on vacation, would this answer cause any issue with the CBP officer at POE?
2)Is four months of vacation in my home country acceptable for a GC holder?
3) What typical questions could we face at the Port of Entry for someone who spent four months of vacation in their home country?
4) Is working for a US employer from India allowed for a GC holder?
5) Do I need to expect a secondary inspection for additional scrutiny by CBP officers due to my four-month vacation?
1. No, first of all, always be truthful.
2. If the period is less than six months, there should be no problem.
3. Typically, a green card holder who returns in less than six months is not subject to lengthy questions.
4. You can work from anywhere.
5. If it is less than six months, there is generally no secondary inspection.
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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.
Hello, this is for my niece, a 28 years Engineering graduate from India, with 4 years of IT development work experience. She got her name in H1b lottery through a small consultancy firm and the consultancy firm is asking us to pay H1b fee to proceed further. But in her case, she have had a F1 student visa denial about 3 years ago and so we are debating if she stands a chance to get H1b or is it more likely to get denied again since she is coming through a smaller consultancy firm. Any advice will be highly appreciated.
The H-1B fees and expenses must be paid by the employer. It is illegal for them to demand any fees from a potential employee.
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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.
Hello Rajivji, Following up on the above question: if the downgraded EB3 140 amendment petition is not yet approved, could we then interfile with the previously approved EB2 140? Since the EB3 140 filed as an amendment is not yet approved, is the previously approved EB2 140 still active and valid? If so, can we use it for interfiling? What is the right thing to do? Please advise. Appreciate your guidance!
I see no problem with interfiling as long as the 140 amendment is not approved (it should have been filed as a "new petition"). You need your lawyers' review and the final decision, but legally, I see no issue.
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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.