Topics for Discussion, Thursday, 7 April 2016:
FAQ: Gaps in immigration status; Getting married when AOS I-485 is pending (following to join and other options); Name variation in diploma or degree, name change for immigration
Other: STEM OPT extension; H-1 approval quota exemption without visa stamping or working; I-94 for visitors B-1/B-2 visa; H-1 quota issues in converting from H-1 to H-4 then back to H-1; OPT sent incorrect/wrong fees; OPT if out of status; Revocation of I-140 and AC21 for a slightly different job (to Systems Analyst, from Software Developer); Unlawful presence consequences; Recouping time on OPT EAD lost because of USCIS processing delay; Travel while second RFE on I-485 is pending; I-751 delay; USCIS delays; Options upon receiving NOIR on I-140; EB-3 and H-1 from nonprofit to for-profit company – H-1 quota and EB-2 issues; Impact of I-140 withdrawal/revocation on H-4 EAD; etc.
FAQ: Changing back to F-1 student status after filing for green card; I-94 given for duration shorter than entitled; H-1B amendment when change of cities; Impact of traveling while H-1 extension is pending; Birth certificate non-availability, affidavit; Changing jobs after I-140 approval; STEM OPT extension for consulting or staffing companies; Effect of divorce on an employment-based case and cross-chargeability; Transferring H-1 subject to cap, cap-gap extension; Remedy for denial of I-485 AOS; Sued by employer.
Other: Effect on relative petition if petitioner loses their green card; Revocation of I-140; Porting priority date; Changing jobs H-1 or EAD, converting from EAD to H-1; F-2 out of status converting to H-4; H-4 family traveling while H-1 extension is pending; CAP-GAP extension and drivers license; Effect of relocation to India during green card processing; Visa stamping for H-4 out of status, etc.
FAQs: - From F-1 OPT directly applying for a green card - STEM OPT employment parameters, volunteering, part ownership, etc. - Can two employers file H-1B for the same employee using an existing I-140?
Discussion Topics, Thursday, April 28, 2022:
Discussion Topics:
Discussion Topics:
FAQs: Experience & education requirements for a PERM/labor certification-based green card || Continuing work or reverting to STEM OPT during H-1B Change of Status || For PERM, can I use my master's degree completed after I joined?
Discussion Topics, Aug 18, 2022
FAQs: Change of employers after H-1B is approved and before October 1; the number of pay stubs required; revocation of H-1B before October 1 || I-140 was approved and then revoked in 2011. Can I keep my priority date and also apply for I-485? What is the deadline for filing I-485? || Impact of alternate wage survey for H-1B LCA; the success rates of H-1B extensions; AC21 rule when the company is bought by a successor-in-interest
Release Date
11/01/2022
On Aug. 19, the U.S. Department of Education (ED) announced that it no longer recognizes the Accrediting Council for Independent Colleges and Schools (ACICS) as an accrediting agency. This determination immediately affects two immigration-related student programs:
This article was submitted to and published in The Economic Times.
Link to Rajiv's Author Page in The Economic Times.
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FAQ: Consular processing employment-based green card with a job offer from a different employer
Topics:
Topics for Discussion, Thursday, 29 October 2015:
FAQ: Withdrawing one pending petition (H-4) when another is (F-1) approved; Writ of Mandamus against delay; Investment property while on H-1 (Buying and renting out a house); Starting my own company while on H-1; Priority date loss upon revocation of I-140; Consequences of getting laid off on H-1; etc.
Other: TN/TD Visa; I-14- approved, company acquired; Job termination AC21; Cross chargeability evidence (Iraq); Applying for H-1 from OPT and travel; H-1 transfer while an extension is pending,I-140 revocation and priority date; Minor son on tourist visa, parent on green card; PERM denial and probability of success; Naturalization delay; etc.
FAQ: Green card pending conversion to and from H-4 EAD – H-1; Filing green card while in F-1 status; New company sponsoring H-1; (flip flop again) revocation of I-140 by an employer does NOT revoke priority date; Green card through future employer; Pros and cons of H-4 EAD; Obtaining copies of approval notice and other documents through FOIA; Physician filing green card; Applying for green card and while visiting the USA; Risk and rewards in EB-5 investments in regional centers.
Other: New STEM OPT extension regulations; substituting petitioners in a family-based case; Resetting H-1 6 years clock; CSPA; Authorized period of stay when H-1 transfer is pending; F-1 visa stamping on OPT.
Topics Discussed, Thursday, 3 December 2015:
FAQ: How to calculate dates from visa bulletin; FAQ: What is I-485 Preadjudicate/Preadjudication? How soon must I join my future green card employer? Immigration implications of crime; petty offense exception; admissions and convictions; 212(d)(3) and other waivers; Naturalization delays; Birth certificate late registration and secondary evidence; H-1 status pregnancy and FMLA;
Other: Conversion from H-1 to H-4 to H-1 visa stamping; Vaccinations requirements for immigration; Is there a charge for I-140 revocation; H-4 EAD issues including travel and visa stamping; F-1 OPT eligibility; Changing employers I-140, I-485, H-1 issues; Changing employers effect on priority date and H-4 EAD; F-1 status – distance of home from college; H-1 quota where earlier approved then came on F-1; H-1 telecommuting; H-1 quota and stay calculation, etc.
Discussion Topics, Thursday, 17 November 2016:
FAQ: Refused entry 212(d)(3) waivers; L-1A for functional managers; Leaving employer after getting a green card; Changes in immigration after Trump.
Other: AOS for out of status; Giving and receiving money on H-1B visa/status; Name error in I-140; Medicaid for parents; Translations; Functional managers on L-1A; Denial of I-130; Losing green card; Amending H-1 is vendor changes; H-1 visa revocation; H-1B extension beyond 6 years; Priority date transfer; H-1 visa stamping; F-1 OPT based upon an employer who was not joined, etc.
Discussion Topics, Thursday, January 23, 2020
FAQ: Tourist/Visitors visa for people with special needs or challenges || Risk for green card process in joining a small company, unfamiliar with immigration || Impact of 214(b) denial || Requirements for obtaining green card under EB-1C, International Managers and Executives ||
OTHER: NVC fees issues || USC relocating to India while green card petition for parents is pending || Is original I-140 approval required for priority date transfer? || Effect of subsequent H-1B, H-4 approval on current H-1B, H-4 case || Additional review of a pending I-140, delay || USCIS processing times estimate || 221(g) Administrative processing for H-1B visa || CSPA logistical problems || Carrying cash in and out of the USA || Incorrect DS-160 || List of cap exempt employers || Naturalization of children
FAQs: Filing Supplement J, staying without work on EAD, H-1B denial effect on I-485 Age Out/CSPA for children immigrating to the US
OTHERS: Completed I-765 form with a mistake, will the application get rejected || I-140 is withdrawn before 180 days of pending I-485 and EAD application || WD 7A1 stamp and future vacation travel to US || B-2 visa duration and extension || Getting a US Passport under Section 320 for a Minor || Wait for H-4 EAD or convert visa from H-4 to F-1 (finishing graduate degree online) by traveling to India for visa stamping || On F-1 visa stamped for 5 years for 1-year graduate course and unclear when required to leave || Applying for a re-entry permit after receiving green card || USCIS Receipt Notice Delays for I-140/EB-1C || H-1, H-4, EAD expiring: H-1 extension already filed || B-2 extension and RFE responses for parents during covid || Applying for H-4 after marriage with an approved I-140 || Moving to H-1B from Adjustment of Status if currently working on EAD || L-1A Stamping in Canada instead of India - Advantage || Maintaining H-1B status while waiting for green card || AOS filing and processing questions with H-1 and H-4 parents and child on F-1 now over 21 || Downgrading and processing time issues.
Discussion Topics, Thursday, 04 March 2021:
FAQ's: How to deal with H-1B employer paying salary less than required || Green Card Renewal - Do I have to be employed in a similar job?
Other Topics: Downgrading from EB-2 to EB-3: Interview process, job responsibility, wages and period of time to change jobs || | If approved EB-1C and GC (consular processing): Impact of delay to move to the US || AOS versus NVC processing for family members in different status || Upgrading to premium processing, while service correction to I-140 pending/options if, spouse moves to EB-3 || Documents required for parents GC || Spouses changing from EB-2 to EB-3 with a new law firm and service center || Maintaining status || Impact of H-4 EAD expiring on spouses || Time estimate for pending asylum review || Impact of moving to a new office branch with AOS pending || Parent on I-140: Impact on 19-year-old son and CSPA || Green Card through Brother or Sister
Discussion Topics, Thursday, April 29, 2021:
FAQ: Options for potential H-4 dependent visa holder continuing their employment in India || Applying for a green card while on F-1 Student status or OPT
FAQs: Should I maintain my H-1B during I-485/AOS pendency? || H-1B and I-140: Moving to India & Future Return to the U.S .|| H-1B working remotely from India
Discussion Topics:
FAQ: H-1B lay off 60 days grace, options including B-1/B-2, approved I-140, Severance pay || Optimizing H-4 EAD options and bundling premium processing for H-1B and H-4 extensions || Implications of visa fraud by an employer on H-1B, L-1, green card, citizenship || Advantages of a National Interest Waiver, transitioning to EB-1, entrepreneurship, and H-4 employment for spouse