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.
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.
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.
The H-1 quota cuts down 50% or more applications each year.
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.
I am currently on F1 in OPT status and working for Employer A, my Employer A filed for H1b this year. and I am currently waiting for my H1b approval Approval. Can my Employer start my green card process when I am in F1 status?
Watch Video on this FAQ: Can a green card be started on F-1 status?
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.
This article was submitted to and published in The Economic Times.
Link to Rajiv's Author Page in The Economic Times.
The U.S. Embassy or Consulate where I went for my visa interview denied my application because my DS-160 contained errors or was incomplete. What does this mean and what do I need to do next?
After I have corrected or completed my DS-160 application, do I need to schedule a new appointment or return to the U.S. Embassy or Consulate?
Contact the U.S. Embassy or Consulate where you applied for specific instructions.
Should I bring my entire application or just the confirmation page with me to the interview?
You are not required to bring your entire application. For your interview, you are required to bring your confirmation page with your application ID number on it so we can retrieve your DS-160. You must bring the confirmation page with you during all phases of the application process. Without the confirmation page, we may not be able to process your visa case.
I submitted my online DS-160 application, but lost my confirmation page. Can I print a new one?
Yes, you can reprint the confirmation page of an application that has already been submitted. In order to do so, go into the Consular Electronic Application Center website and select the Embassy or Consulate at which you are applying. Hit “Option C-Retrieve Application” on the Getting Started page and enter your application ID number. From there you will be able to view and print your confirmation page.
I am traveling with my family or as part of a group. Can I create a family or group application?
Yes. On the “Thank You” page you will see an option to create a family or group application. When you select this option, certain information from your application, such as destination, will automatically be imported to and displayed on a new application. Please note that if you use this option you must create an individual application for each family member or for each individual within the group.
If I use the option on the "Thank You" page to create a family or group application, can I modify the data automatically populated by the system?
Yes. If one of the dependents has a different surname or nationality, for example, you can alter that data before submitting the application.
I am applying for a Treaty Trader/Treaty Investor, E Visa. Do I need to fill out the DS-160 and the DS-156E?
It depends. If you are a Treaty Investor (E-2) applicant, you need only complete the DS-160. If you are a Treaty Trader (E-1) or an Executive/Manager/Essential Employee (E-1 or E-2), you must complete the DS-160, and you or your employer must complete the paper DS-156E form.
Are there any visa categories for which I should not fill out the DS-160?
Yes. If you are applying for a visa in any of the categories below, you should complete the DS-156, not the DS-160. You must also complete the DS-156K if you are applying for a K-1 visa. If required, you should also complete the DS-157 and DS-158.
Are all questions on the DS-160 mandatory?
When I apply for a nonimmigrant visa using the online DS-160, are additional forms required?
What happens to my DS-160 if I select a U.S. Embassy or Consulate where I will be applying for my visa, but end up making an interview appointment instead at another U.S. Embassy or Consulate?
I do not have a National Identification Number. How should I answer this question?
If you are a citizen of a country that does not issue national identification numbers, select “Does not apply.”
What do I enter for U.S. Social Security Number and/or U.S. Taxpayer ID Number?
Applicants, who have worked in the United States, as well as others, will have Social Security numbers or taxpayer identification numbers. If you do not have a Social Security number or a taxpayer identification number, select “Does not apply”.
The form asks for my home phone number, but I do not have one.
You should provide at least one contact phone number, so that the U.S. Embassy or Consulate can contact you by phone, if necessary. If you have provided a mobile or cell phone number, you may enter “Does not apply” for home phone number.
The form asks for my Passport Book Number, but I am not sure if I have one.