July 11, 2019 Recording of Free Community Conference Call (Every Other Thursday)
Nonimmigrant Visas
Green Card
Topics of Discussion:
- Change of status from H4-EAD to H-1B
- STEM OPT EXT
- EB5 investment requirement
- I-485 using cross chargeability
Topics of Discussion:
- Change of status from H4-EAD to H-1B
- STEM OPT EXT
- EB5 investment requirement
- I-485 using cross chargeability
U.S. Citizenship and Immigration Services (USCIS) will begin implementing the June 28 Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens Policy Memorandum (PM) (PDF, 140 KB) on Oct. 1, 2018. USCIS will take an incremental approach to implement this memo.
Discussion Topics: - AOS status through EB3 category - E2 Visa (Visa for Australian Citizens only) with spouse on E2D (E2 Dependent) with work not allowed - Dependant EAD (C36) - NOID in H1B-Extension - carrying green card while going to office, shopping, library etc.
Discussion Topics, Thursday 26 April 2018:
FAQ: Must I carry my green card with me at all times? ||H-1B and green card transfer from a non-profit organization to for-profit||Filing EB-5 investor case with a promissory note secured by property in a foreign country||At what stage should I join my future green card employer?||Child turning 21, immigration consequences for pending green card cases
Other: Compelling circumstances EAD after the age of 21 ||National interest waiver, J1 visa and physicians ||Immigration consequences of amending tax returns||ACICS Accreditation restored, effect on STEM OPT extension ||Advisability of travel using AVR – automatic visa revalidation ||Transferring H-1B quota case before first October ||Naturalization for a developmentally disabled applicant ||H4 EAD ||H-1B extension with PERM || Rules for AOS EAD extension, etc
WASHINGTON – The Department of Homeland Security (DHS) is proposing a rule to end a program that allows certain foreign entrepreneurs to be considered for parole to temporarily come to the United States to develop and build start-up businesses here, known as the International Entrepreneur Rule (IE Final Rule).
Discussion Topics, Thursday 19 October 2017:
FAQ: Pros and cons of adjustment of status and consular processing for green card || Applying for green card while holding H-4 status; applying for green card and permanent residence for another country simultaneously ||Changing status from tourist or business visa (B1 or B2) within the United States|| How to read the visa bulletin? || What type of questions can be asked in consular or adjustment of status interview for employment based applicants || Effect of a speeding ticket on green card or naturalization/citizenship || Effect of moving abroad while still on H-1B visa || Denial of H-1B on Level 1 wage issue || Doing business on H-4 EAD. Other: Family-based green card for an H-1B holder || Filing concurrent H-1B for family-owned business || Relationship between maintaining US permanent residence and expiration of green card || I-94 correction through the CBP || H-4 visa/status issues || H-1B laid off || H-4 EAD to H-1 || H-4 EAD issues, etc.
FAQ: Is interview required for compelling circumstances EAD? || Can we open a company while on EAD? What kind of questions/documents will be needed in the I-185 AOS interview? || Does H-1B extension denial invalidate an existing H-1B? || What can be done if an H-1B is denied while in the USA? ||Impact of taking a long break while on H-1B.
Other: Traveling while an H-1B is pending || Impact on naturalization of an incorrect name in the past ||Working from home on and H-1B ||Name updated on form I-140||Applying for L-2 EAD and change of status to H-1B ||Erroneous name on passport, visiting on a tourist visa ||Applying for H-4 EAD, I 140 withdrawn before 2017 ||H-1B issued without an I 94||I 485 delay, etc.
Discussion Topics
FAQ: When does one become H-1B cap exempt? || Filing EB-1C, International Managers or Executives green card || Erroneously given longer duration on H-1B than eligible || Porting green card to a self owned company under AC21 portability || AC21 green card portability for a lateral move from developer to analyst || Revocation of H-4 EAD rules || H-1B RFE for specialty occupation || TN applying for green card ||
Other: I-94 through new company H-1B || Issues related to H-1B transfer, not joining an employer, etc. || Changing for H-1B to H-4 EAD and back to H-1B || Denial of I-751 to remove conditional status’; NTA issued || Green card AOS/I-485 interviews for employment based applicants || Background checks for visa stamping || I-824 processing times for obtaining duplicate approval notice || Refund of premium processing fee || Getting F-1 visa from a consulate while family-based green card is pending || Effect on green card application of change in job duties/salary|| Traveling after green card approval, etc.
Discussion Topics, Thursday 11 January 2018:
FAQ: Submitting adjustment of status, form I-485, When the applicant is in between projects/not working || H-4 EAD rules change and H-1B extensions rules change || Change in job title after getting a green card approval || Transferring H-1B while an RFE is pending || How to find an accredited university to get Master’s degree to process an EB-2 green card. Other: Wage requirements under the H-1B LCA ||Converting back to H-1B from a compelling circumstances EAD ||Extending H-1B from outside the USA with an approved I-140 || RFE pending delay in an adjustment of status case || Applying for adjustment of status while in authorized period of stay||Status while an H-1B extension spending ||Questions about EB-5 green card through investment/investment visa ||H-1B quota exemption if approved within
Discussion Topics, Thursday 5 October 2017: FAQ: Current immigration/visa options for entrepreneurs || Immigration consequences of a denial of entry at the airport || Status of H-4 EAD litigation/suit ||
Other: Status change while another application is pending (H-1, H-4) || RFE issued AFTER H-1 approval || I-485 Advance Parole staying in the USA after I-94 expiration || Change in job titles effect on green card and H-1 || VAWA for H-4 || Responding to level 1 wage on H-1 RFE || Timing etc. of green card application while H-1 is still in process || Citizenship, effect of non filing of taxes ||Applying for green card for step daughter || I-140 approval uncertain || Effect on H-4 EAD when H-1 loses job || H-4 EAD rule litigation || I-94 approval duration discrepancy || Time lines in green card || Level 1 wage issues
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
Discussion Topics, Thursday, March 03, 2022:
FAQ: Abandonment; can I leave the USA while a change of status is pending?/Stamping requirements || Relation between F-1 status and I-485 AOS (child covered under Child Status Protection Act (CSPA)) || Relation between F-1 OPT and H-1B lottery change of status and changing employers || Is doing an unpaid U.S. externship/observership with F-2 visa unauthorized employment? || Can parents of U.S. citizens travel to the U.S. on an existing B-2 visa while their GC is pending?
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?
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, May 12, 2022
Discussion Topics:
FAQ: EB-3 petition downgrade; CSPA protection for 21 year old son I-485 Green Card final interview process/questions asked, etc. Retaining valid H-1B status while AOS is pending and when to file Supplement J
Discussion Topics, Thursday, September 02, 2021
Discussion Topics, Thursday, December 09, 2021:
FAQ: Working for two employers on W-2 using the GC-EAD || STEM extension denied based on approved H-1B pending for withdrawal at a USCIS service center || Correcting names on passports, visas, and other documents || Options to remain in status: F-1 visa expired, H-1B approved for consular processing, but not stamped.
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
Discussion Topics, Thursday, June 24, 2021:
FAQ: Consequences of B-1/B-2 Visa Extension applied and leaving the USA || Changing Multiple Jobs While AOS I-485 is Pending - Consequences || I-129 Nunc Pro Tunc Request