Sept 2, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Agency
Nonimmigrant Visas
Discussion Topics, Thursday, September 02, 2021
Discussion Topics, Thursday, September 02, 2021
I am a Slovenian citizen, and I plan to do a 3-month student internship in the USA in December. I have everything arranged with my employer. The only question I have is, can I travel from the Schengen area on my J-1 visa? And if not, how can I come to the USA for my internship?
J-1 exchange visitors will be able to travel only if the visa is approved and they qualify for a national interest exception (NIE).
Note: Where transcribed from audio/video, 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, October 28, 2021:
FAQ: Change of jobs with an approved I-140 from employer A and Reapplying PERM through B || Impact of reportees outside the U.S. or in third countries on L-1A and EB-1 petitions || Are L-1B visa holders eligible to work remotely? || Approved EB-2/EB-3: Interfiling/upgrading to EB-2 with employers A and B || Working outside the U.S. for four months with a recently issued green card || Documents needed by and anticipated questions for green card holders at the port of entry
This is a question about after the return to normalcy from the pandemic. From an immigration perspective, are L-1B visa holders allowed to work remotely/work from home from within the U.S.? Does it matter whether the employee's house (where she will work from) is near the designated company office location or not?
And lastly, would you expect difficulty with getting the L-1B visa in the first place if the intention is to work remotely/from home (but within the U.S.)?
L-1B holders, unlike H-1B employees, are not geographically tied down. You can work from anywhere. Further, if you work and report in-house and not to a client, you should even be able to change locations without any amendments to your L-1B petition. Only L-1B visa holders who work at third-party sites are subject to certain limitations; the most important one is that you continue to be an "employee" under the company's control that petitioned for you. I can see no reason why the location should interfere with a visa at the consulate.
Note: Where transcribed from audio/video, 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 would like to take this opportunity to thank the team including Ms Baker, Mr Khanna amd Ms Waddell for their excellent and prompt efforts in helping me transfer out of a J1 waiver job. The team was excellent to work with and treated me with respect and was very professional. The approval came in within 2 weeks without any RFE's.
The chances of approval were poor due to lack of consent from the primary state, but the team achieved nothing less than a miracle. Cheers!!! and Congratulations!!!! God Bless you!.
Discussion Topics, Thursday, October 17, 2019
FAQ: Filing I-485 through a new employer, if the old priority date gets current || Compelling Circumstances EAD || Converting from H-1B to H-4 and back again || How long is an I-140 approval valid?
OTHER: Public charge issues || L-1A, EB-1C issues correlation with H-1B || Expunged criminal conviction and naturalization || Changings jobs after getting green card || H-4 EAD || Traveling while Supplement J is pending || SOW MSA for H-1B || Reapplying after a denied H-1B || J-1 HRR || Changing employers while I-140 is pending || Public Charge || H-1B for a higher job || Buying health insurance. etc.
I consulted some lawyers on how to waive my 2 years residency, I wasn't able to finish my program or even meet the 2/3 rule. Me and my husband are so hopeless and don't know what to do, only thing that we know is through Hardship Waiver. And then God sent an angel.
Discussion Topics, Thursday, 19 November 2020:
EB-1C eligibility after company transition while pending I-485 and L-1A extension || Post completion OPT and employment issues || Canadian citizen applying for TN visa during presidential proclamation ||Sharing misdemeanor details of spouse while filing for green card || Document Checklist for I-485 Adjust of Status || Consular processing and green card when priority date is current||Transition from F-1 to H-1B || H-1B Visa expiring, extension and delay due to wage rate increment || I-485 filing and issues related to primary and derivative applicant || How long for an interview after the priority date becomes current || H-1B visa potential immigration issues for being outside the USA for more than a year during pandemic || Laid off due to Covid and the effect on adjudication of STEM OPT visa || AC21 portability, I-140 and starting a new venture || 221g administrative processing and H-1B visa stamping || Presidential Proclamation and H-1B visa stamping || Change of status from J-1 to F-1 Visa and Biometrics || Understanding the Visa Bulletin || H-1B and prevailing wage levels || Employment Authorization in compelling situations
Discussion topics, June 11, 2020 FAQs:
Change in job roles while green card is pending || H-1B Working for multiple clients through the same consulting company || H-1B taking unpaid leave: COVID, Status, maternity/paternity
OTHER: Switching from G-4 to F-1 student visa while being inside the US.|| Cross-chargeability || J1 to F-1 Visa || Laid off on H1B || H1 to H4EAD || B1 visa extension || Furloughed on H-1B
Discussion Topics, Thursday, 28 May 2020:
FAQ: Applying for I-485 through a past employer or through a new employer || L-1A moving back to home country with green card pending || Can green card be applied for an old job under the international manager EB1C category? || Applying for naturalization/citizenship under Trump administration || Effect on H-1B of working from outside the USA || Laid off while green card is pending
Other: Porting priority date from EB-2 two EB-1C as international manager || J-1 gap in status/O-1 visa || H-1 RFE converting to H-4 || Amendment or extension timing || Nunc pro tunc or consular processing of H-1B || H-4 extensions || OPT and CPT times || International adoption procedures || F-1 student working in the USA for a foreign company, etc.
FAQs: H-1B portability without a visa stamp || Unemployment benefits while on B-2 || Owning or doing business on H-1B || Unstamped H-1B quota exemption || Change of status on an H-1B approved for consular processing || Changing status during a pending application - authorized period of stay.
OTHER: Visas for Canadian permanent residents || J-1 waiver for multiple DS 2019 || Name discrepancy || Union membership for nonimmigrants or immigrants || Pandemic Unemployment Assistance, etc.
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
Reference Document: STATE 057336, 06/09
TO ALL DIPLOMATIC AND CONSULAR POSTS
1. The revised 2009 J-1 visa Exchange Visitor Skills List was published in the Federal Register (Volume 74, Number 82) on April 30, 2009.
2. The new Skills List is effective on June 28, 2009.
I have worked with Ms. Diane Lombardo and Mr. Khanna from past several years for my O-1 visa, J1 Waiver and GC. Diane and Mr. Khanna are always very accommodating and helpful. They have guided me through the entire process diligently and professionally. I have very truly recommend them to my friends without any second thoughts.
A J-1 exchange visa holder who received graduate medical education or training in the U.S.
A J-1 exchange visa holder who received graduate medical education or training in the U.S.
It was a brief but informative consultation. Now I know what I need to add to my case to have a better chance. Thank you and hoping to talk to you again.
We were retained to assist with re-filing a complex L-1B petition. The case had various intricate issues regarding the beneficiary's eligibility for L-1B classification. One prominent issue was that the petitioner wanted the beneficiary to operate from the client site instead of the premises of the petitioner. The earlier petition, processed in-house by the employer, was denied by USCIS on the grounds that the petitioner failed to satisfy eligibility criteria for L-1B classification.
On August 13, 2010, President Obama signed Public Law 111-230, which contains provisions to increase certain H-1B and L-1 petition fees. The law, which already in effect, requires the submission of an additional fee of $2,000 for certain H-1B petitions and $2,250 for certain L-1A and L-1B petitions.vUSCIS has clarified certain matters that employers should bear in mind.
Questions and Answers
Q. To which petitioners does the new fee apply?
USCIS does not believe that a J-2 dependent of a J-1 foreign medical graduate can change to H-1B status, or any other employment-authorized nonimmigrant classification (with the exception of T or U status) until the principal Conrad State 30 waiver recipient has fulfilled his or her three-year employment obligations in a medically underserved area.However, USCIS is open to reviewing current regulations and considereing whether steps should be taken to enable such J-2 dependents to engage in employment while in H-4 status.
I am a physician completing my J-1 waiver ( on H-1B now in US, waiver will finish by June 2015). My wife became a U.S. citizen few months ago and she has filed I-130 for me. If I-130 is approved, do I have to wait till June 2015 to apply for adjustment of status or can I apply sooner ? If I have to wait till June to apply for I-485, will I be able to get EAD right away or will I need to be on H-1 for a while I-485 is accepted ?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://www.youtube.com/watch?v=3YV-qIlAEpI#t=1320
FAQ Transcript
Mr. Khanna is the best attorney I have so far met, and believe me as a physician I have met tons of them. Mr. Khanna knows his area of expertise (immigration) so well that at the end of the 15 minutes discussion I had with him, I knew he was my best option. Of utmost importance is the follow-up, which the staff of Mr. Khanna have mastered so well. As long as Mr Khanna is in business, he will henceforth take care of all my issues relating to immigration. Without permnission from Mr. Khanna, I have already started recommending him to my colleagues. Hamisu Salihu, MD, PhD