Discussion Topics, Thursday, September 02, 2021
We responded to a Form I-485 Request for Evidence to prove that approximately a decade ago the permanent residency applicant had, in fact, attended two U.S. universities as he had claimed in previously approved petitions. Both universities had been certified by ICE under its Student and Exchange Visitor Program (SEVP) during the applicant’s attendance.
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.
We responded to a Form I-485 Request for Evidence to prove that approximately a decade ago the permanent residency applicant had, in fact, attended two U.S. universities as he had claimed in previously approved petitions. Both universities had been certified by ICE under its Student and Exchange Visitor Program (SEVP) during the applicant’s attendance.
Can someone apply for E-2 visa ,who now residing in USA,is it possible and how long it will take?
Yes, they can. I believe premium processing is available for E visas. If you opt for that, it could take a few weeks.
I am married to a permanent resident of America, and have filed for a spouse visa (I130) in Sept 2010. Is it possible for me to apply for the E-3 visa with the spouse visa being processed, or does it demonstrate dual intent?
E-3 is not a clear dual intent visa. BUT, govt. tends to lean in the direction that they will permit dual intent as long as you clearly intend to leave if not permitted by law. My suggestion would be to avoid testing the E-3 limits in our current environment.
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!.
The Department has posted new Frequently Asked Questions (FAQs) for the H-1B, H-1B1 and E-3 Programs.
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 am an Australian citizen currently on a B2 that expires in Oct. I lodged I-539 application for extension in Aug and received I-797 receipt Aug 25.
I may have found an employer that will sponsor me on an E3 visa (Australians only). All I need is a letter of offer and a completed Labor Condition Application.
To apply for the E3 visa though, I need to leave the USA and visit a US consulate. I do not have my original I94 any more (I submitted it with my I-539) but I do have a copy of it. Once I get a letter of offer, I will travel to either Toronto Canada or home to Sydney Australia to apply for the visa.
Qo1. Can I still leave the USA without the original I94?
Qo2. In the event my E3 visa is denied, will I be able to re-enter the USA from Canada without the original I94, provided my stay in Canada is less than 30 days? (And how would this work if I take the trip up there after the expiration date of the original I94? Remembering that my B2 extension is pending)
Ans1. Yes. You should not need an original I-94 to travel out.
Ans2. You probably cannot reenter using a copy of the I-94. Not only that, your departure from USA renders your pending B application void (considered abandoned).
They way I see it, you have two choices. Wait for B extension before you go for E stamping. Or, go for E stamping bearing in mind the consequences of abandonment and reentry not assured.
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
I (a software consultant) have EAD from my current employer(consulting firm). My employer holds my salary abruptly without any notice or reason. When pressed why? after the salary date passes by without getting paid, the general excuse given is "The bill is not collected from the client" , though there is no such contract between us wherein my salary is dependent on the accounts receivable/ collection. I want to know
a- Can they do it legally?
b- What are my options including can i sue this employer despite being on EAD?
Your best bet is the local State Workforce Agency for the State where you are employed. If you are not on H-1, this is the way to go. They will recover your salary. And, it does not cost you anything.
Here is the link to the SWA's for non H-1B workers http://www.doleta.gov/regions/reg01b...ources-SWA.cfm
H-1B and E-3 workers, go here:
USCIS reminds F-1 students on Optional Practical Training (OPT) that transferring to another school or beginning study at another educational level (for example, beginning a master’s program after completing a bachelor’s degree) automatically terminates their OPT as well as their corresponding employment authorization document (EAD).
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.
WASHINGTON – The Student and Exchange Visitor Program (SEVP) announced modifications Monday to temporary exemptions for nonimmigrant students taking online classes due to the pandemic for the fall 2020 semester. The U.S. Department of Homeland Security plans to publish the procedures and responsibilities in the Federal Register as a Temporary Final Rule.
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.
On March 23, 2018, the Student and
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
E Visa can be of 3 types, E-1/E-2 (Treaty Traders and Treaty Investors) and E-3. The E-3 visa allows for the admission of an alien who is a national of the Commonwealth of Australia and who is entering the U.S. to perform services in a “specialty occupation".
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