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Guestbook Entry for Veera Vemula , United States
Guestbook Entry for Mitesh , United States
Work Authorizations for H-4, Greater Facility for Researchers/Professors, Entrepreneurs
4 June 2014 UPDATE: H-4 EAD will NOT be restricted to STEM.
Please see this entry for more information. We will update you as more information becomes available.
https://www.linkedin.com/today/post/...-entrepreneurs
Can H-4/F-2, etc. non-work visa holders volunteer?
Please visit my LinkedIn article posted this morning for a brief explanation on this issue:
https://www.linkedin.com/today/post/...?trk=prof-post
Radio Show, 2013, August 1, Immigration Reform, H-1, H-4, Green Card and Naturalization
Citizenship and Naturalization
Immigration Law
Green Card
Guestbook Entry for Roustem Saiakhov , United States
Guestbook Entry for Nizam A, United States
Guestbook Entry for Earl Marais , United States
Radio Show, 2013, November 27, Discussing immigration reform, dual citizenship and H-4 status
Citizenship and Naturalization
Nonimmigrant Visas
Immigration Law
Applying for Green Card while on Visitors Visa/ESTA, Fraud
Citizenship and Naturalization
Immigration Law
Green Card
Radio Show, 2013 June 26
Immigration Law
Can H-4/F-2, etc. non-work visa holders volunteer?
This question is raised often and debated much amongst lawyers focusing their practice on employment-based immigration. This morning, I have a call scheduled with a corporate client who is considering the legality of accepting a volunteer in their for-profit IT business.
White House Releases Fact Sheet on H-4 Spouse Employment Authorization Regulation
- The White House fact sheet contains information on the USCIS current rule-making agenda on reform in employment-based immigration system. Below is the relevant part.
Guestbook Entry for Sundip Kadam , United States
Successful H1 and H4 Stamping Experience
I will begin with a sincere thanks for all the information I have got from these forums over the last few months and the amount of confidence I have gained through it.
Now, its my turn give back something by sharing my experience and hope this helps in giving some information to the others like me.
My visa was scheduled for 08:15 AM I reached the car parking in the nearby Malcha Marg parking by 7:45 AM. It is few minutes walk from there. I reached embassy by 7:55 or so. I was with my wife who would get an H4.
H-4 - Derivative Visa
We filed a case on behalf of our client against USCIS where the H-4 dependents' application for a change status was denied by USCIS because the application was not filed in a timely manner. The dependents were Citizens of Canada who wanted to transfer from TN status to H-4 status. Due to circumstances beyond their control they were found by USCIS to have lost their lawful status in the U.S. We filed a Motion for Reconsideration with USCIS. USCIS approved the application and the applicants were granted H-4 status retroactively.
Nonimmigrant Visas
H-4 - Derivative Visa
We filed a case with USCIS where the H-4 dependents of the H-1 visa holder were out of status since 2000. They believed that they were in legal status as long as the H-1 visa holder maintained status in the US. We filed a request for an extension of their H-4 status accompanied by a brief in support of the application. USCIS granted the extension of stay and issued approval notices with the I-94's attached.
Nonimmigrant Visas
H-4 - Derivative Visa
We filed a case against the USCIS where the H-1B visa holder attempted to maintain legal status for both him and his H-4 dependents. The attorney at the time filed the application for the H-1 extension, but neglected to submit applications for the extension of the H-4 dependents status. We submitted a request to USCIS for the extensions of the H-4 dependents' status with a detailed legal brief. USCIS granted the request for extension and the I-94's were attached to the approval notices.
Nonimmigrant Visas
H-4 Nunc Pro Tunc
Our firm has been successful in numerous H-4 (and H-4 nunc pro tunc) out of status cases (involving unlawful presence leading to a three-year to ten-year bar). Of particular note, one gentleman assumed if his H-1 was renewed, his dependant's H-4s were automatically renewed. Upon learning of the need to file for H-4 renewals, this gentleman consulted various attorneys and even took his case to Court. He was unsuccessful in bringing his dependants back into H-4 status.
Nonimmigrant Visas
Obama's Immigration Action, Discussion with Attorney Rajiv S. Khanna
Immigration.com
Nonimmigrant Visas
Immigration Law
Green Card
For updates, see my blog page on Obama's Immigration Action.
Takeaway points for legal immigration from President Obama’s executive action:
1. USCIS is “about to” publish the final rule on H-4 work authorization. That will make it possible for certain spouses of H-1 holders to get work authorization.
2. Improving employment-based green card backlogs by:
a. Making visa issuance more efficient so no immigrant visas are wasted;
b. Providing for better AC21 rules and other ways to keep immigrant visas intact after a change of jobs. USCIS will clarify what constitutes “same or similar” job so that AC21 will not stop workers from getting promotions or even changing to related jobs within their field. USCIS must clear the path to career progression for green card applicants.
3. Expandingfurther the OPT time for STEM students, but creating tighter control on which universities/schools/degrees are eligible and ensure local workers are protected (Implement some sort of a “mini PERM?”).
4. Creating opportunities for foreign “inventors, researchers and founders of start-up” companies to come to the USA through an existing program called “National Interest Waiver.” Unfortunately for India, this is an EB-2 category program requiring several years of wait. But the following parole program will help:
a. Creating a parole (which is usually a temporary, but very quick measure and could eventually lead to a green card) program so that on a case-by-case bases, “inventors, researchers and founders of start-up” companies can be brought quickly into the USA where:
i.They have raised financing in the USA; OR
ii.Otherwise hold the promise of innovation and job creation through development of new technologies OR cutting edge research
5. Creating guidelines for exceptionally qualified or advanced degreed individuals to come to the USA through an existing program called “National Interest Waiver.” As noted, unfortunately for India, this is an EB-2 category program requiring several years of wait. But the parole option above could be helpful.
6. Providing clear guidance on L-1B program as to who can qualify.