We won a case for an applicant who primarily served as a function manager, but also managed a few professionals. We provided extensive details regarding the job duties of the beneficiary for both the foreign entity position as well as the proposed US position. We outlined the proposed duties in detail and assigned a percentage to each task indicating how much time was allotted to complete the task.
We won a case following a Request for Evidence that requested additional proof of the relationship between the entities, verification of employment abroad in a managerial role for one continuous year prior to entering the US, as well as additional details of the proposed managerial position in the U.S. Initially we submitted documentation to establish the relationship between the U.S.
Discussion Topics, Thursday, 9 February 2017:
FAQ: Extension of H-1 beyond six years, gap in H-1, late in filing PERM, etc; How can a US green card holder study abroad without losing their green card? || Automatic EAD extension, I-485 EAD; US Citizen applying for green card for brother or sister; How do we keep up with the rumors and changes in the laws; Should I travel outside the USA/H-1B visa stamping; When is an H-1B amendment required? || Job promotions during AC21 portability of green card; Impact of I-140 approval after 180 days, etc.
Other: Spouse of US citizen filing for naturalization; Following to join; Executive Order against criminal aliens; Change of status from L-2 to H-1B, remainder option, H-1 quota; Qualifying for OP after studying on H-4 visa, etc. || Starting green card from the I-485 stage; Going to home country for an extended period of time while green card is pending; Company going out of business during green card; Entry and reentry on visitors visa, etc.
USCIS has changed the direct filing addresses for where to file certain forms for beneficiaries who will be working or training in Florida, Georgia, or North Carolina. The changes are as follows:
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.
USCIS has posted a new Web page on the H-1B and L-1 fee increase required by the Consolidated Appropriations Act, 2016 (Pub. L. 114-113). Pub. L. 114-113 requires certain petitioners to submit an additional fee of $4,000 for certain H-1B petitions and an additional $4,500 for certain L-1A and L-1B petitions.
Topics for Discussion:
FAQ: J-2 or J-1 with 212(e) HRR converting to F-1 student; FAQ: For PERM is formal certificate required or completion of degree is enough; Correcting dates on I-94; Travel while H-1 extension pending – change in I-94#; Changing employers - what immigration documents should I keep; FAQ: Maternity leave on H-1, FMLA and status.
Other: Multiple I-140 approvals; I-140 denial; Cap-gap extension; Effect of change in citizenship on H-1; PERM/AC21 and multiple I-485 filing; Family-based green card change in category; Child turning 21 – CSPA and derivative non-immigrant status loss; L-1A visa and EB-1C filing; Filing I-485 for spouse; PERM more than 50% different job; Cross chargeability; I-130 fraud by spouse; Maternity leave on H-1; AOS filing; F-2 COS; H-1quota, etc.
This is the latest release from USCIS. I think they are misreading the fees requirement. The law seemed to require higher fees only for L-1 employee counts (see my highlighted comments below under 19 December 2015 entry). The current USCIS release counts both L-1 and H-1 employees even for H-1 filing fees. We will wait and see if this clarified
Question 1: Redo the PERM or just the I-140. If redoing the PERM again then what's new in this regulation?
Answer: After 180 days, you can extend H-1 even if 140 is withdrawn.
Question 2: It seems that there is no easy provision for EAD/AP for approved 140 applicants. So is there any point in waiting for this rule or Should I consider Visa stamping is only option for traveling outside US? Please suggest as I waited for a year or long thought they are going to give AP.
Discussed: FAQ - H-1B Employee, telecommuting/working from home, Applying for H-4 EAD while H-4 is pending.
Also: TN working as independent contractor, unlawful presence proof of legal entry I-94, H-1B quota, physicians’ H-1, converting EB-3 to EB-2, I-130, H-1 extension, MSA and area of intended employment, changing consulate location for visa interview, naturalization, OPT and F-2, etc.
Discussed: Gap in status (H-4); EB-3 or EB-2 PERM distinction; BALCA appeal times; obtaining copy of I-140 receipt/approval FOIA; options to work after 6 years of H-1; Sponsoring green card while living outside the USA; OPT issues; CR-1 to IR; Obamacare and affidavit of support; cross-chargeability; E-1 visa; H-1B amendment; H-1 quota issues; multiple H-1 approvals; continuous residence for US citizenship/naturalization; I-140 revoked priority date; green card for researchers; etc.
Discussed: CSPA for EB-3 to EB-2; H-1B amendments; Marriage on B-2 visa/H-4; Consequences of travel without advance parole; Following to join process; H-1B liquidated damages contracts; Moving temporarily abroad while I-485 is pending; Relocation while green card is pending; Checking which MSA we are in; What is an H-1 amendment? Getting student visa while green card pending; L-2 EAD, etc.
Topics for Discussion, Thursday, 25 February 2016:
FAQ: Can I travel during the pendency of my (B-1, B-2 extension, H-1, H-4, H-4 EAD, L-1, L-2, I-130, I-140, I-485, I-485, Advance Parole, Reentry Permit etc.) case? When should I join my future green card employer, also recapturing time on L-1B; Can a denied H-1B petition make you cap exempt; Special immigration options for UK citizens; How to correct errors on a submitted Form DS-260.
Other: Effect of abandoned change of status from F-2 to F-1; Time for non-premium processing of H-1B employer transfer and process for H-4; Green card or status for autistic son; CSPA for family-based children and disclosing pending immigration application when applying for a student visa; Changing employers after I-140; OCI; The new I-140 regulations; Status when H-1 is denied; Options for addressing H-1 processing delays; Affidavit of support from a person domiciled outside the USA; H-1B extensions based upon old employer’s I-140; Cross chargeability; H-1B quota exemption, etc.
What are the requirements to get a visa and green card as an international entrepreneur? Is the start-up visa effective?
Watch the Video on this FAQ: Current immigration/visa options for entrepreneurs
Video Transcript
A few options for Entrepreneurial Visas:
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 am currently in the U.S. on an L-1 visa. My fiance is Hungarian and currently visiting me on a tourist visa. My L-1 was issued in Tokyo, Japan. Can we get married in the U.S. and get her an L-2 visa without her having to leave.
Immigration Law In The Workplace
Rajiv S. Khanna
(Published in The Practical Lawyer, Dec. 2009
A publication of American Law Institute-American Bar Association)
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It seems that to qualify for an L1-A Visa, one has to be employed overseas by the same employer for a year on a full time basis. How would you define "full time"? Does a work schedule of 4 days a week qualify?
Generally speaking, 35 hours each week can be argued to be full time.
If during the one year overseas employment period, the overseas company sends me to US on a B-1/B-2 visa for brief tenures several times in the year, does that period of stay in US on B1/B2 visa, how so ever short it may be, also count towards calculating the overseas employment tenure of at least one year in preceding three years prior to filing L-1A petition.
Your time in USA must be compensated with extra time outside USA. If the time in USA is just a few days in a year, you should be fine with that formula. But, if the time in USA is too much (several months), things get much more complicated.
My husband and I work for a large MNC with big presence in US and India. His L1A application has some RFE which he is working on. In case it gets rejected can he move to L2 without leaving the country? Can I apply for his L2 now even though his L1A is under processing? If so how long will it take for it to get approved and come back?
Normally, you can apply for another status only while still in status. Once the existing L-1 term is over, getting a change of status within USA is difficult. You need to discuss your case with your lawyers.
In your knowledge, how long does it usually take to obtain a green card (through dual intent)with an L1B visa?
The time taken for L-1B holder who applies through PERM is the same as for anyone else from the country you were born in. No special case here, unless yo convert to L-1A and go through EB-1.
This article was submitted to and published in The Economic Times.
Link to Rajiv's Author Page in The Economic Times.