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.
On February 26, 2015, USCIS hosted a teleconference about new regulatory changes, effective May 26, 2015, that extended eligibility for employment authorization to certain H-4 dependent spouses of certain H-1B nonimmigrants wh
The new rule regulating the Optional Practical Training (OPT) program for F-1 students with degrees in science, technology, engineering, or mathematics (STEM), becomes effective on May 10, 2016.
The Department of Homeland Security (DHS) proposes to amend F-1 nonimmigrant student visa regulations on optional practical training (OPT) for certain students with degrees in science, technology, engineering, or mathematics (STEM) from U.S. institutions of higher education. Specifically, the proposal would allow such F-1 STEM students who have elected to pursue 12 months of OPT in the United States to extend the OPT period by 24 months (STEM OPT extension). This 24-month extension would effectively replace the 17-month STEM OPT extension currently available to certain STEM students.
On March 1, USCIS began transferring certain cases to the Potomac Service Center (PSC) from other service centers to balance workloads. The affected casework includes Form I-765, Application for Employment Authorization, filed by F-1 and M-1 students seeking Optional Practical Training (OPT) and J-1 dependents.
Topics for Discussion:
FAQ: 221(g) Administrative Processing problems with visa stamping; H-1 entering USA when visa is about to expire; Advantages of Special Handling process for PERM university professors; Travel while H-1 COS is pending; Does H-4 EAD has to be applied again if H-1 changes jobs?
Other: TPS from Nepal and AOS or COS; COS or visa stamping for F-1; 240 days H-1 pending; Applying for naturalization; PERM appeal; Changing employers after I-140 approval; I-140 approved, Applying for H-1 extension with another employer; Changing EB-1B job profile after green card approval; Options if OPT is denied; H-1B transfer through multiple employers; U visa; AC21 I-140 revocation when employer is out of business; Continuing (simultaneously) with old job even after green card is approved; etc.
My Spouse is on H-4 and has a Valid H-4 stamped till Jan 16 2017. I am planning to apply H-1 for my Spouse through an Employer this year. Is it advisable to travel to India while her H-1B is in Process? What will be the implications if she travels to India?
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 on H-1B(Valid till Sep 2018) with approved I-140 for Company A and spouse has H-4 EAD (valid till Sep 2018). My question is, if I switch my job to a company B. Can my spouse continue working with the current H-4 EAD (which is valid till sep 2018)?Will it cause any issue during next H-4/EAD extension?
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.
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.
A couple of questions on Gap in status:<br>
1. I am on H-1B and my project/job is going to end on April 29,2016 (Friday). I have my H-4 approved effective May 2, 2016. I will get salary slip from 1 April to 30 April. Do I need to have salary slip for May 1, 2016 (which is a Sunday) to maintain H-1B/ legal status (considering that I won't be getting May 1 to May 31 salary slip).<br>
2. I am currently on H-1B and have an approved H-4 Effective 15 July 2016. As part of my H-4 application (which I had filed along with my spouse extension) , I had requested USCIS to give me H-4 effective date of 13 May 2016 as my project was going to end on 13 May 2016. But, the request was not honoured and USCIS responded citing the reason "Since the beneficiary of the I-539 and I-765 will change status, we cannot give an earlier start date than what is shown on the I-129 approval notice." If my project ends on 13 May 2016 , should I leave the country as my H-4 effective start date is 15 July 2016 to maintain legal status ?
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.
My dependents visa stamp on passport expires on Sept 1st 2017 and have valid I-94 till Sept 1st 2017 and this was with the previous employer A I worked for. I moved to a different employer B a year back and haven't filed H4 for dependents with employer B as it was not necessary. Now if my dependents travel to India prior to Sept 1st 2017, do I still need to file for H4 extension or is it good if they attend the interview at consulate in India and get visa stamped on passport without H4 extension using my approved I-797 (till 2019) with employer B.
Watch Video on this FAQ: Does H-4 require a prior USCIS approval for visa stamping?
Video Transcription
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 have approved I-140 with company A and my wife has her I-140 approved or over 2 years. I'm planning to move to H4 EAD. Can I file for H4 and H4 EAD concurrently? What would happen to my earlier I-140 and also to the GC process if I am on H4?
You can most definitely file H-4 and EAD together. Your green card process can continue even though you have changed your status.
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.
FAQ: Fastest method of getting spouse of a green card into the USA and reducing wait
FAQ: Is new H-1B visa stamping needed if you change employers?
FAQ: H-1B visa stamping in Canada or Mexico; importance of I-94
FAQ: What are the options of an H-1B visa is denied and petition sent for revocation?
FAQ: Denial of naturalization/citizenship applications - the new trend || Are there any time limits on how late an I-485 can be filed after the priority dates become current? || Status and unlawful presence questions in the form DS-160
Other: Filing H-1 B amendments while another case is pending ||Temporary EAD for H-4 holders ||Considerations for marriage-based green card ||Consequences of getting laid off on H-1B ||Quota H-1B transfer before October 1 ||H-4 visa stamping ||B visa canceled without prejudice || Adopting a child in H-1B status || Changing jobs after green card approval ||Consequences of H-1B visa denial and what to do thereafter ||Working from home on H-1B
Discussion Topics, Sept 21, 2017
EB2 to EB1 conversion - F-1 to H-1B - L-1 to H-1B - Travel on H-1B - H-4 EAD - Fiancee Visa
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, 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.
My H1B (6 years) was from 10/1/2004 - 9/30/2010 from 5 different companies.
Company A - PD(EB3) - Jun 19, 2007, I-140 applied on July 9, 2007, I-485 filed July 17, 2007 - got laid off Oct 31, 2008. - I-140 approved on Dec 29, 2008.
Moved to Canada in July 2012 and became Canadian Citizen in Apr 2017. I have been keeping Advance Parole active by visiting the USA every year.
Now I want to add my family in Canada(wife(Indian Citizen with USA visitors visa) and kid(Canadian Citizen)). Do you recommend AOS for myself and Consular Processing for my family?
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.
I was on H-4 visa from Feb 2014 till Dec 2015. I was on H-1 visa from Dec 2015 to April 2017. In April my H-1B transfer got denied. Hence I applied for change of status from here (April 15 2017) and now my H-4 application is under process. In Dec 2016 (while I was on H-1B visa), I had applied for GC in EB2 category with my employer. My employer told me that my labor has been approved.<br>
1: Is there a website where we can check the status of labor if it has been approved?<br>
2: When can I file for I-140? Is it true that it has to be filed within 180 days of labor approval?<br>
3: Can my GC application continue whilst being on H-4 visa? <br>
4. Does the GC process, at any stage, require the applicant to be on H-1 visa?<br>
5: I am planning to start Canada PR procedure. Will my GC application interfere with Canada PR at any point?
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 2 November 2017:
-H1B Amendment Approved without I-94 attached
-Changing from Non-Profit (Cap-Exempt) H1 to Profit (Cap-Subject) H1 and GC filing
- Family based second category GC (F2A)
- Transfer J-1 Visa
- H1 and H4 Extension approvals
- Upgrading H-1 B to premium processing
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