USCIS Clarifies Guidance on Initial and Further Deployment of Investment Capital
USCIS has updated the USCIS Policy Manual with clarifying guidance on the deployment of investment capital under the EB-5 Immigrant Investor Program.
USCIS has updated the USCIS Policy Manual with clarifying guidance on the deployment of investment capital under the EB-5 Immigrant Investor Program.
Questions,
1. Can I stay in Vancouver while I commute to Seattle for work once a month for a day?
Is there any restriction on the amount of time I need to spend inside the US on H1B?
Is there any restriction to how frequently I can go in/out of the US on H1B?
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2. Since my work location would be changing to Seattle from California for me to be able to do this. I am suspecting my PERM will need to be refiled. But given that my H1B is expiring next year and the PERM, I140 process takes almost 1-1.5 years. Can my current company use an older existing approved I-140 petition to help me get my H1B Visa extended? My older I-140 had been approved for more than an year before I left the employer.
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3. Will doing this have any impact on my H1B Renewal? I would need to go for re-stamping next year in September.
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.
I was in USA on h1b for 11 yrs until august 2019 as senior software engineer and moved/transferred to Canada on September 2019 as software development manager, managing 5 direct reports plus 4 second level reports with the same company in USA and Canada. And now promoted as Director, software development projects support and maintenance, before completing one year as manager. Have I-140 approved and priority date is 2012 july.<br>
1.What is my success rate of getting L1A<br>
2. Also need to re-apply my green card in EB1C, do I need to be in USA or when I am in Canada my company can apply for this. And upon EB1C I-140 Approval can I get L1A and move to USA<br>
3. Is this the correct time to apply EB1C in the next couple of months when 1 year completes or should I wait for visa ban to complete.
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.
FAQs: Changing jobs while I-140 pending and change in job title || Going to school while I-485 is pending || Issues in changing employers after I-140 approval.
OTHER: Fiance visa without a formal ceremony || Impact of Supplement J approval || Taking leave during H-4 EAD gap || H-4 EAD delay || Family-based I-485 interview rescheduled || Relocation while PERM green card is pending || Evidence of marriage || Applying for green card for parents || Applying for H-1 through two companies || Unlawful presence after H-1B denial, etc.
I have my PERM approved from my current employer A recently this month, can I still use my PD when I transfer my H1B to a new employer B, before I-140 approval or when I-140 is in progress with the old employer A?. If my job title is changed (from 'Software Engineer' to 'Business systems analyst')with changing job to the new employer B, can I still use the approved perm from employer A for the PD or to extend my H1B max stay beyond 6 years?
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.
PERM Processing Times (as of 02/28/2018)
1. While I am moving my H-1 New Employer B, What if something goes wrong during H-1 transfer or after that in GC processing with new employer like RFEs etc comes up, can I move back to employer A if employer A is willing to take me back. Does AC 21 portability rule applied to my case also? Since I have not filed I-485 yet, as per my understanding this rule does not apply to me. While my GC is in process with new Employer B and I am in waiting mode for I-140 approval with new employer, What will happen if my time to extend H-1 petition comes up.
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2. Can I still extend my H-1 with new Employer even if I-140 with new employer is in process and not yet approved. Can I use my old Employers approved I-140 to extend my H-1 in this situation.
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.
PERM Processing Times (as of 03/31/2018)
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
According to DOL updates as of July 31 2009, they are working on PERM application filed in the following months: No Audit/Final Review: November 2008 Audit: October 2007 Appeals: July 2007
My 6 year period of H1b visa expires in Dec 2010 and my labor application is still pending for approval. It was filed in February 2009. Am I eligible to apply for a visa extension , if so when should I apply for that? I assume I still have time.
H-1 extension beyond six years can be obtained under two circumstances:
First, indefinite H-1 extensions in one-year increments can be obtained, if the I-140 (or I-485) was filed and the green card process was started a year ago. The GC process is started for:
- Labor Certification based cases (including PERM) the date for the begining of the countdown is the date when the labor certification is officially received:
- for PRE PERM cases - by the local office (SWA); and
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
While submitting application for 485, must the primary applicant be on a project? My husband is a consultant on H1B, the employer has filed for green card - should my husband in a project during the 485 submission; will a between projects situation be an issue for filing 485?
Video Transcript:
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.
DOL seems to have stopped progressing on the Audit cases. Can litigation alleviate this problem and force them to atleast respond?
All things considered, in my view, a Mandamus is possible. But the chances of success are remote at least in DC circuit. Typically, in delay cases, courts do not interfere with the executive branch of the govt. At the very least, lawsuits draw attention to difficult issues. I think a petition to the govt. should be the first step. May be the worthy President can help. Although, speedy processing in this environment is certainly not a politically popular issue, but we have all followed the laws and the promise of the laws.
Topic: Accreditation of Distance Education in USA
Date: March 12, 2012
Total Time: 2 mintues 40 seconds
Hello, everyone. This is Rajiv S. Khanna for the Law Offices of Rajiv S. Khanna, P.C, immigration.com.
A number of people have asked me this question in the last few days about how do they tell, if they finish a masters degree online through distance education in the U.S., how do they know if the degree is accredited?
I have looked into this issue because it became such a big issue for people, especially those who are born in countries where EB-3 is very backed up and EB-2 is a much better option.
So I did some review. This is the best of my knowledge. I am not an expert in accreditations, but what I see is this. On the screen in front of you, you see this page where they talk about accrediting agencies recognized for distance education and correspondence education.
This is a page on the Department of Education website.
http://www2.ed.gov/admins/finaid/accred/accreditation_pg10.html
Let me backtrack for a second.
First thing you do is ask the school where you want to go whether the particular program you want to do is accredited and, if so, who accredits it. In other words, the accreditation agency that is accrediting it. Get the name, and see if that name appears on this list right here.
Sometimes a particular program or a particular degree might be accredited, but not the whole school, and sometimes vice versa. So be careful--make sure that particular program is covered by the accreditation.
Good luck to you folks and if you have further questions, log in to the community conference call or we can talk a little bit on the blog itself.
The Office of Foreign Labor Certification (OFLC) has established a process by which members of the public may subscribe to receive e-mail alerts whenever the Department posts an announcement updating some aspect of the OFLC website, e.g., program updates, outreach announcements, new Frequently Asked Questions (FAQs), disclosure data, etc.
Please check the attachment to read the instructions on how to subscribe to OFLC e-mail alerts.
OFLC is pleased to present the fourth in a series of Permanent Labor Certification Program-Selected Statistics.
This Fact Sheet presents statistics regarding Permanent Labor Certification program applications submitted during FY 2012.
Check the attachment to view Permanent Labor Certification Program-Selected Statistics.
I am currently on H1-B and my I-140 has been approved. Because of the delay in I-485 Processing, I was thinking of doing my green card through the EB-5 Category with a $500,000.00 Investment through a Regional Center or a New Commercial Enterprise.
I had a few questions regarding the following:
For EB-5 through Regional Center
1. What is the time frame for Investing the money? Does it vary per Project?
2. What is the general Return of Investment on these Projects? Does it vary per Project?
3. Can we withdraw the Investment earlier if the Project is a failure?
4. How much involvement is necessary/allowed in the management of the Project?
5. When can I start withdrawing the money after I get my Green Card?
6. Is there any agency/firm that evaluates the Regional Centers?
For EB-5 Immigrant Investor through New Commercial Enterprise
7. Do the 10 people have to employed immediately or over a period of 2 years?
8. If I employ 10 people and put in 500,000.00 in a start up business in a rural area or highly unemployed area towards the income for the employees, is the money counted towards investment?
Efficient and super fast processing. I got the Labor cert approved in 5 business days.
My case manager Amrita is very knowledgeable about the process and clarified my doubts with utmost diligence.
Many Thanks to Seema and Mathew for helping in my case when needed.
Great job done by Rajiv Khanna's Law Office. Got my Perm certified in 35 days in EB2 category. Thanks to Amrita and Seema for their excellent work. I always got reply from them within a few hours. I am sure Mr. Khanna's team will continue their excellent work on next steps toward my Green Card.
I strongly recommend their services.
Excellent service!! Great Job!!! I Got my Perm Certified in 2 days. Thanks to Vijay Durgam,Pramita and Sushila for their excellent and prompt work. Thanks Rajiv Khanna for his prompt replies.
Transcript: Working Outside USA While in Green Card or H-1 Process
April 17, 2012
Hello, everyone. This is Rajiv S. Khanna for immigration.com, the Law Offices of Rajiv S. Khanna, P.C.
I have in front of me a couple of questions from two different people. They’re related so I thought I would club them together. The basic idea is this:
Can I, as an H-1 holder or as Green Card pending status individual, work outside USA instead of being inside USA?
I am just going to do a quick talk on the implications of a person working outside USA while he or she is an H-1 or a Green Card applicant.
The first question relates to somebody who has an EB-3 Green Card pending. As you know, that’s a decade-long wait. So, people have to make some plans about their lives.
So this gentleman says, actually, he’s one of our clients, both myself and my wife are working on EAD and traveling on Advanced Parole. So they have got an I-485 pending but they are EB-3. He is the primary. She is the dependent. The wife wants to move to India for longer than one year and is planning to come back before her EAD gets expired.
First of all, is this okay? Yes, of course. As long your Advanced Parole is alive, EAD doesn’t matter if you are working outside USA with I-485 pending. Only thing we care about is your Advanced Parole or your H-1 visa. Under the circumstances, I would recommend Advanced Parole. Keep it active. Keep it alive. For a derivative, there is absolutely no problem if they are working outside USA. If you are the primary applicant for an I-485, things could be a little different. Now, what happens is that there’s a decision tree.
You can have two situations. One, you are still working for your Green Card sponsoring employer, but you’re working outside USA. The second situation is you’re working outside USA for somebody other than your sponsoring employer. What happens then? There is nothing illegal about it. Both of these situations are allowed. But there is a common sense rule here. The government could say, “Why is it if you have a permanent job in USA, your sponsoring employer can get the job done without you?” Now, there could be many reasons for this. One of the reasons could be the nature of the job is such that could be done anywhere for the time being. So the employer is willing to accommodate you. But, whatever the reasons are, be prepared to be sensitive to that question. Is there really a job? They can ask you that. The idea is that you could be working from anywhere. That is not the main issue here. The most important thing here is that there should be a good explanation that you have a job in USA that is ready and open for you.
One of the issues here is keep in mind that certain technologies don’t allow people from outside USA to work. Most people don’t know that. I think there is some restriction, for example, on encryption technology. I think certain encryption technology is considered weapons grade. Just look into that.
Otherwise, just ordinary commercial jobs, ordinary software development, ordinary financial consulting, can be done from anywhere. That is not an issue. Remember whether or not you have proper work authorization in USA. This is very important to also keep in mind. For example, if you are working from, for example, India, it is not required that you have proper work authorization in USA. I don’t care if you have an EAD. That’s perfectly legal. You are working on Indian soil, not on American soil. I don’t care if you have an EAD. I don’t care if you have an H-1. And that will bring me to my next question in a minute or two.
It also does not matter whether you come to USA periodically or not, as long as the job is alive and well and waiting for you, you should be okay. For the primary and the derivative. For the derivative, it is absolutely no problem. Her job is not implicated at all. She can work from anywhere. But, for the primary applicant, this idea that job is still there and waiting has to be kept in mind. And don’t make things up, guys. We’ve to be truthful about this.
The same situation for H-1 people. I’ve got people who go to India or go to their home countries and get stuck in long, long adversarial processes that go on to three months, four months, five months, six months. What should they do? If you can get your job outsourced and you can work from your home country while the H-1 process is going on, it’s absolutely no problem. You can continue working. Now there can be tax aspects that you’ve got to figure out with your CPA’s. How you do you get paid? Where do you pay taxes? Things like that. But those are tax issues and they can be figured out. People do it all the time. In fact, our own office has a couple of employees from other countries. I don’t think that’s a problem. That can be worked out.
The more important question--What is the impact on my H-1?
For example, I am outside USA for more than one year. What happens to your H-1 is that, after one year outside USA, you can reset the clock and have six years of H-1 all over again, or you can go with something like a remainder option. It’s called the remainder option. I’ll explain the rule in a minute. The idea here is this. If you are outside USA for more than one year, you get six years of H-1 back, but then you are subject to the H-1 quota. If you’re outside, good news is six years back. Bad news is quota. If you don’t want to be subject to the quota, you have to give up your right to six years of H-1 and take whatever is remaining in your H-1 six years initially. That’s called the remainder option. Those are the choices you have. There is nothing wrong in working outside USA.
Bear in mind these principals. If a primary applicant, make sure there’s a job available. If a derivative on an I-485, work from anywhere. No problem. If on H-1, you can outsource the job. You can work from anywhere in the world. Doesn’t matter where you are. The only thing is, at some point, if it’s more than one year outside USA, you have to make a choice of either a remainder or resetting the clock and being subject to the quota.
I hope that explains things adequately, guys. As always, it’s good talking with you. I will speak with you folks soon.
Hi Rajiv, I want to take this moment and offer you my utmost gratitude and thankfulness for your support and cooperation in my Green Card process. My case was little complicated as I had another I-485 with another lawyer with different job descriptions but same company. But with your expertise there was no RFE . This has been possible by the perseverance and dedication that was offered by your office. And I want to specially thank Amrita who has been exceptionally helpful to me for all these years. I must have contacted her zillion times for questions and concerns that never left me alone. But she always maintained her professional outlook and gave me the best guidance. This entire immigration process was only possible through your support. I will highly recommend your law firm for all immigration matters. Its the best indeed. Regards, Ashish Agrawal