If my visa is in an expired passport, what should I do?
If your Visa is in a passport that has expired or will expire within 6 months of the end of your U.S. visit, you will need to get a new passport. However, you do not need to apply for a new visa. Just bring both your NEW and passport with the valid visa to present to the CBP Officer when you arrive in the U.S.
*Note: Your ESTA is not a U.S. Visa. If you obtain a new passport, you are required to apply for a brand new ESTA. To re-apply visit esta.cbp.dhs.gov.
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Discussion Topics, Thursday, 14 July 2016:
FAQ: Priority date transfer across several companies; J-1 holder getting married to a US citizen; H-4 EAD when I-140 approved through a future employer; Automatic Visa Revalidation and H-1B amendments; Withdrawing I-485 AOS of spouse.
Other: Medicals RFE not received; Changing from H-1/H-4 to green card; Converting from H-1 to F-1 back to H-1; I-140 approved changing jobs; Pending I-140 EAD regulations; Mutiple green card petitions through future employers; Legal repercussions of deportation, N-400 record expunged, cannot obtain copies; US citizen applying for parent; Passport correction; H-1 company bankrupt; etc.
I am from India and holding an Indian passport. I work for a IT company. I manage around 250 members.
One of the agencies are tied up with another EB-1 and EB-2 processing agency in USA and informed me that they can help in processing EB1-A visa (Self Petition).<br>
My questions are:<br>
1. Is there a category of Visa as EB1-A?<br>
2. If so, is there a possibility for self - petition? i.e. without an employer?<br>
3. If I file EB1-A, what is the waiting period? Approximate is adequate.<br>
4. Once I get the EB1-A visa, can I self apply for Green card or should there be an employer assisting to file for Green card?<br>
5. If I apply for Green card on an EB1 A, how long generally with it take?<br>
1. Yes. See: http://www.immigration.com/greencard/eb1-green-card/eb-1-extraordinary-…-
2. Yes, self petition is possible under EB-1A.
3. Usually, it takes appx a year for the whole process.
4. EB-1A IS a green card category. Nothing else is needed.
5. See 3 and 4.
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.
Discussion Topics, Thursday, 28 July 2016:
FAQ: Criminal record, affect on naturalization, other risks; Criteria for EB-1C, international managers and executives, impact of receiving benefits; Tourist/Visitors/B-2 visa denial 214(b); How long is an I-140 approval valid; Legalizing status; Change of work location after filing for naturalization N-400 - 90-day rule for domicile; Gap required on a B visa revisit.
Other: Student (M-1) Visa stamping, changing to F-1; N-600; Conflicting I-94 on H-1 extension and amendment; 221(g) on H-1 visa; Priority date transfer after I-140; J-2 EAD processing; Protecting H-1 holder's share in company, green card processing; H-1B transfer salary and reporting company; H-1B changing employers, etc.; spouse of green card holder issues; When to file I-140/AOS after PERM approval; Correcting records with CBP; Overstay on B visa alleged; etc.
Discussion Topics, Thursday, 11 August 2016:
FAQ: Canadian citizen (or any person) getting married to a US green card holder; Consequences of denial of an H-1 transfer petition; When is an H-1B amendment necessary; Applying for green card for parents; Getting H-1 transfer while an amendment/extension is pending.
Other: Accompanying student minor, son to live in the USA on B-1/B-2 visa; Reentry permit applying for US citizenship; Parents moving to the USA healthcare and other issues; effect on priority date if I-140 employee remains outside the USA, etc; Affidavit of Support I-864 co-sponsor; Green card holder applying for spouse - Final Action dates on visa bulletin; H-1B extension if old I-140 is revoked, etc; Applying for H-1 through a new company, etc.; How to prove country of birth, etc.
I am with one of the Indian MNC and I am working as Program Manager for last 4 years (L1-A). I would like to apply EB-1 GC through a future employer.
What is the timeline and chances to approve ?
EB-1C green card can be applied only through an employer that is a member of your the group of companies that you are currently working for on L-1A. To apply through an unrelated company, you will need to go through EB-2 or EB-3 categories.
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I am a Green Card holder and intend to marry a Canadian citizen. I would like inputs on:<br>
1. After marriage, can the Canadian citizen stay in the USA based on Canadian citizenship credentials?
Are there timelines associated with this (only stay for 6 months permitted, etc).<br>
2. Do I need to apply for a Family-based Green card for the prospective spouse?<br>
3. Can the Canadian citizen apply for USA jobs based on Canadian citizenship credentials (OR) would a NAFTA visa or something like that be needed? Also, I would like to know of any other specifics that I need to be aware of with reference to my case above.
Video Transcript:
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Discussion Topics, Thursday, 25 August 2016:
FAQ: Quota H-1 pending, status after 1 October; Documentation needed to prove future job offer for EB-2; Green card holder staying outside the USA for less than 12 months.
Other: Applying for H-4 EAD; Priority date transfer for old I-140; Can one stay in USA after EB-1C filing, if priority dates are not current; Confirming whether or not an I-140 case is selected for consular processing; Proving parent child relationship for green card; Filing an EB-2 case; I-140 priority date transfer; H-4 visa stamping and completing education in the USA; Changing employers after I-140 approval; H-1 extensions; Can I find out how many I-140 cases my company has filed and revoked; Incorrect category status issued to child; Naturalization and past (erroneous) visa denials; Married military personnel filing taxes as single, etc.
I have a second degree in Nursing from the University of Alberta, Canada with a 6 yr continuous employment in Psychiatry through AHS. What are the procedure to apply either through the EB2 or EB3?
There can be no RN green card without an employment in the USA and clearing of the required exams/licenses in the USA. As to EB-2, that would depend upon whether or not the job requires 5 years of experience after Bachelor;'s degree (or a Master's degree).
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Discussion Topics, Thursday, 8 September 2016:
FAQ: Am I exempt from H-1 quota if visa was not stamped? Does AC21 permit promotions and higher salary for same or similar job? N-400 naturalization/citizenship delays; Applying for parents green card, I-130, I-485, birth certificate, marriage certificate, etc; Continuing work outside USA despite approval of L-1A;
Other: Quota impact of revocation of H-1; Green card filing and impact of Trivalley university; Travel on H-1 with just a few days left; Change jobs after green card approval; Transferring H-1B quota jobs; Surrendering reentry permit; Filing FOIA request to get H-1 and I-140/PERM papers; Cross chargeability - how to prove country of birth; Applying for H-1B and traveling on visa in an old passport; H-1B extension more than 6 months before expiration; H-1B visa stamping; etc.
My query is that whether my name which was sponsored by an IT company and come under quota (in 2008) could still be considered to remain as 'VALID' and 'UNUTILISED' under the year 2008 quota (and initial period 2008-2011). As no stamping of H1B took place in 2008, then can this be UTILIZED by any new employer/sponsor (under the 2008 quota) but with the validity starting from the date of stamping (e.g. 2016) and till subsequent years (as applicable). Can we say that this would be a case of stamping based upon PREVIOUS quota/approval and any new sponsor would NOT require to file a fresh H1B petition. So, only some MODIFICATION of the 2008 petition documents would required to be made by any new employer/sponsor.
Watch Video : Am I exempt from H-1 quota if visa was not stamped
Video Transcript:
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Discussion Topics, Thursday, 22 September 2016:
FAQ: Effect of divorce on employment-based immigration; Can a student on F-1 visa apply for a green card?
Other: Changing jobs after I-140 approval; Gap in H-1 traveling outside USA with I-485 AOS pending; H-1 staying in India and receiving US pay; L-1/H-1 helping parents apply for tourist/visitors visa - medical treatment; Rent/lease problems effect on naturalization/citizenship; Re-entering USA with just a few days remaining on H-1 visa/extension applied; Green card times; Reopening and denial of an H-4/EAD; Working on EAD; H-4 volunteering to gain CPA experience; H-1 visa stamping; H-1 cap exemption; H-1 visa stamping - job titles and salary conflict; I-94 problems; Changing jobs after I-140 approval; H-1B visa stamping; Status problems for a nurse
I have been in US for the last 8 years and got GC employment based 3 years ago. I have 15 and 21 year old sons. My wife and I have differences on who manages my finances. I am thinking about applying for divorce. Just wondering whether divorce would have any impact on obtaining citizenship (either for me or my wife and children).
Watch Video: Effect of divorce on employment-based immigration
Video Transcript:
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I am on H1-B and my H1-B is validating till 2019 and priority date is 2014 and I recently changed my job. I-94 is expired in 2014. Due to new trump gov. Do you think that it will very risky to go to India and do stamping ? do you find people are facing issues in stamping? What should we do if we go for stamping and face the problem? What precautions should we take? Should we go for stamping or not
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Discussion Topics, Thursday, 23 February 2017:
FAQ: The new regulations, withdrawal of I-40, H-1 extensions; Will H-4 EAD Rule be revoked? || Can pending immigration applications be affected by changes in the law?|| Entering the USA on B-1/B-2 visa to get married; Misdemeanor conviction effect under Trump executive order; Legal rights/benefits of Green Card compared to H1B; Using for green card experience gained with end client; Automatic Visa Revalidation (AVR) traveling to Canada.
Other: PERM advertising requirements, salary; Does CSPA protect based upon an old I-140/PERM? || L-1A eligibility if visiting the USA frequently; Reopening abandoned green card case; I-140 revocation for errors; Changing from H-1 to H-4 while transfer is pending; H-4EAD and back to H-1; EB-1A for a computer professional; Consular processing of green card; Effect of affidavit of support; Counting H-1B period while COS is pending; etc.
I am on H-1B visa and my 9th year H-1B approval will expire on 09/01/2017. This approval is when I was working at client A and from 09/19/2016 , I am working at client B but my employer checked with Lawyer and she is saying no need to file amendment as it is in same MSA. Is that ok? and my wife she on H-4 with EAD she wants to travel to india and She has to go for stamping so since my H-1B amendment is not filed do you see any issues for her H-4 stamping ? Is it safe to travel ?
Watch Video on this FAQ: When is an H-1B amendment required?
Video Transcript:
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I have approved 140, Green card EAD/AP card in EB2 from company-A and passed more that 180 days. I have maintained H-1B status since last 9 years instead of using EAD/AP as the need to go India for marriage so my future wife gets H-4 easily. Just transferred my H-1B to company-B. Company-A will revoke my I-140 in March 2017 due to company policy. I have following questions to ask you.<br>
1. Shall I get H-1B extension (beyond 6 yr) in future with company-B after I-140 revoke from my previous employer?<br>
2. I have EAD/AP card from my previous employer. Is it required to start GC process like labor and I-140 application again with company-B if my previous employer revokes my I-140?
You can continue to extend your H-1 even after I-140 is revoked by the employer, IF, the revocation was sent more than 180 days after I-140 approval.
Under AC21, you do not have to start a new green card if:
1. Your I-140 is approved;
2. Your I-485 has been pending for 180 days or more;
3. You will take an employment same as or similar to your green card job; and
4. You file Supplement J.
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I have an approved I-140 with priority date 2013 from employer A and my employer A is withdrawing it. I am going to apply I-140 with employer B now in regular processing and also porting the date. I will complete my 6 years of H-1 end of the year. Will I still be eligible for 3 years of H-1 extension with my approved I-140 from employer A?
Watch Video on this view FAQ: The new regulations, withdrawal of I-140, H-1 extensions
Video Transcript:
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My I-140 (EB2) approved. Priority Date: 1st July 2009. Wife on H4 EAD. H1B expires in October 2018. H1B and EB2(GC) were filed for "software engineer" position. I got an offer from a different employer, they are offering me "Director of Dev. services". Q1. According to Feb bulletin, final EB2 application date is 15 April 2008. Knowing that dates are so close, I am not sure whether to switch to the new employer and start GC fresh OR stick to the existing employer as dates are close.Q2. If I move to a new employer and take "Director" position, Will this impact my H1B and Green Card, as the roles and responsibilities are different between "Software Engineer" and "Director of Dev. Services"? Does the new employer needs to start fresh GC process for "Director" position?
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I am a physician currently in H-1B undergoing 3 years of J-1 waiver program which is set to be completed on July end of this year. My husband got his greencard through E-B2 category (rest of the world) in early 2013 When I was still in J-1. My name was included in I-140 but could not file I-485 due to my J-1 visa. I have been married since 2006 and came to the US initially on H-4 visa before getting residency in J-1 visa. Is there a possibility of filing my I-485 directly without waiting for the long I-130 approval process? Or is there any exceptions for a situation like mine such that spouse happened to be in J1 and could not apply for a change of status at the time primary applicant applied for I-485?
Watch Video on this FAQ: J-1 Physician applying for following to join after waiver
Video Transcript:
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1) Is it true H-4 EAD rule will be revoked by the government? <br>
2) My H-1B visa is going to expire in 14-Jan-2018 and if my employer submits my PERM application in the month of June (i.e. before 6 months of my current 6 years of H-1B visa duration).<br>
a) If my PERM is not approved before my current H-1B visa expires. Can I change to H-4 EAD at that time?<br>
b) If my PERM approved after change to H-4 EAD, Can I change back to H-1B?<br>
c) Is it possible to convert from H-1 to H-4 EAD without taking a break in employment?<br>
d) If my PERM gets approved after my current H-1B expires can my employer file for H-1B extension?<br>
3) I would like to move to H-4 EAD but I would like to come back to H-1B anytime in future, in that situation what is the best status for H-1B?<br>
4) If I apply for new H-1B is it comes under H-1 quota (After 6 years completes.)?
Watch Video on this FAQ: Will H-4 EAD Rule be revoked?
Video Transcript:
1. I don't think it will be revoked.
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If new legislation proposed by Cotton and Purdue passes to remove the IR5 category (parents of USC), what happens to change of status (I-130/I-485) petitions in progress?
Watch the video on this FAQ: Can pending immigration applications be affected by changes in the law?
Video Transcript:
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