Feb 3, 2022 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Citizenship and Naturalization
Green Card
Discussion topics:
Discussion topics:
We assisted in responding to an RFE questioning the employer’s educational requirements for an E-3 (Specialty Occupation Workers from Australia) Petition filed for a software developer position.
We successfully assisted the client company, an online retail business, in filing an L-1A “new office” petition to enable the beneficiary to join the U.S. subsidiary temporarily as Chief Executive Officer to lead the development and formulation of the U.S. Entity’s short and long-term strategy. While in the U.S.
Discussion Topics, February 17, 2022
FAQ's: Left while Extension pending. B-1/B-2 visa inspection at the airport by the CBP and repercussions || Interfiling || Interfiling and AC21 Portability || Interfiling, Returning to Old Employer
We live in Delaware. We had extended my parent's B2 Visa twice in the past. Once in 2016 and it was approved. Second time in 2018, but they went back to India before the decision on extension. For the second extension, we got a letter from USCIS stating, "Since they left the country, USCIS is not approving the extension, However they can travel again"
Again in 2019, they came and left the US in 6 months.
This year, they came last week on Jan 31 2022, but CBP in Philadelphia airport took them for inspection at the port of entry. After a long wait time, CBP came back and told them that they had overstayed and they had canceled their B2 Visa. CBP gave a letter that they can stay for three months and leave the country before April 30.
Though we followed the process defined, we are really not sure why they canceled the visa.
With this situation, Can you please advise what is our option,
1. Can we appeal for visa reinstatement?
2. Can we go back to the country and apply for a B2 Visa again in May ? Or should we wait for some time before applying again?
I think you should bring this up to your congressman's office. Maybe you can even tell them what you heard from me that this is an inappropriate application of 222(g), within the Department of State standard operating procedures that's called FAM (Foreign Affairs Manual) it clearly says if you leave while the application is pending you are not subject to 222(g).
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.
I am on H-1B visa with employer A. Have approved I-140 with priority date as Oct 2015 under EB-2. Looks like EB-2 can hit 2015 by the end of this year. With that in mind, Below are my questions:
1) Suggestions on switching employers when PD is nearing anytime soon. If I switch to employer B, what if my PD becomes current before employer B I-140 is approved? How long can I wait after my priority date becomes current to file I-485 with employer B I-140?
2) Will there be any issues for H-1B transfer and further H-1B extensions with employer B when the new PERM/I-140 is still under process?
If you have changed employers priority date with the old employer becomes current you could go back and join them, if you have a good explanation why you left them in the first place.
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.
For all H-1B and H-1B1 petitions received on or after April 1, 2022, USCIS will no longer accept a single, combined fee payment when Form I-539, Application to Extend/Change Nonimmigrant Status; Form I-765, Application for Employment Authorization; or Form I-824, Application for Action on an Approved Application or Petition, is filed together with an H-1B or H-1B1 petition (Form I-129, Petition for a Nonimmigrant Worker). Each of these forms received by USCIS on or after April 1 must have its own fee payment instrument or USCIS will reject the entire package.
Release Date
USCIS has received a sufficient number of petitions needed to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year (FY) 2022.
USCIS has completed sending non-selection notifications to registrants’ online accounts. The status for registrations properly submitted for the FY 2022 H-1B numerical allocations, but that were not selected, will now show:
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
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.
Discussion Topics, Thursday, April 14, 2022:
FAQ: GC-EAD applicant holding multiple jobs and starting own business
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?
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.
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?
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.
Discussion Topics, Thursday, April 28, 2022:
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.
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.
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?
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.