August 8 is the Deadline to Apply to Add 7 Months to a 17-Month STEM OPT Extension
If you currently have a 17-month STEM OPT extension, you may apply to add 7 months to your STEM OPT period.
If you currently have a 17-month STEM OPT extension, you may apply to add 7 months to your STEM OPT period.
Discussion Topics, Thursday, 8 September 2016:
FAQ: Am I exempt from H-1 quota if visa was not stamped? Does AC21 permit promotions and higher salary for same or similar job? N-400 naturalization/citizenship delays; Applying for parents green card, I-130, I-485, birth certificate, marriage certificate, etc; Continuing work outside USA despite approval of L-1A;
Other: Quota impact of revocation of H-1; Green card filing and impact of Trivalley university; Travel on H-1 with just a few days left; Change jobs after green card approval; Transferring H-1B quota jobs; Surrendering reentry permit; Filing FOIA request to get H-1 and I-140/PERM papers; Cross chargeability - how to prove country of birth; Applying for H-1B and traveling on visa in an old passport; H-1B extension more than 6 months before expiration; H-1B visa stamping; etc.
Discussion Topics, Thursday, 12 January 2017:
FAQ: FAQ: New Regulations Calculation of 180 days for H-1 extension and several related questions; FAQ: Consequences for green card and other in switching to H-4 EAD from H-1; FAQ: Compelling circumstances EAD
Other: DUI affect on naturalization; CSPA; L-2 reentering the USA; SEVIS errors and J-1 options; Abandonment of I-130; Types of H-1 extensions after 6 years of H-1 are over; Applying for naturalization - counting days; Rules for H-1B quota exemption; Applying for h-4 visa; I-131 reentry permit; Effect of employer’s bankruptcy on green card and H-1, etc.
We won a case for an applicant who primarily served as a function manager, but also managed a few professionals. We provided extensive details regarding the job duties of the beneficiary for both the foreign entity position as well as the proposed US position. We outlined the proposed duties in detail and assigned a percentage to each task indicating how much time was allotted to complete the task.
We won a case following a Request for Evidence that requested additional proof of the relationship between the entities, verification of employment abroad in a managerial role for one continuous year prior to entering the US, as well as additional details of the proposed managerial position in the U.S. Initially we submitted documentation to establish the relationship between the U.S.
Discussion Topics, Thursday, 18 May 2017:
FAQ: Is it legal to work for a foreign based company in the USA? || Changing employers after I-140 approval; impact on H-1, green card, H-4 EAD, etc. || Physicians (FMG) NIW, AC21 portability, teaching to clinical position || Impact of a misdemeanor under Trump EO || Extending H-1/H-4EAD; working while extension pending || Filing green card through multiple categories or employers and/or family simultaneously || Activities permitted under H-4 EAD.
Other: Losing H-4 status when using EAD under I-485 || Can a child enroll in school under G-4 visa? || Acquiring Canadian nationality || Changing H-1 visa after changing employers during 60 days grace period|| H-1B changing employers while transfer or extension is pending || Taking a 6-month break on H-1, H-1 quota || L-1 to F-1 change of status || Adoption under US laws || Getting paid on 1099 || H-1B amendment when company acquired, etc.
Thanks very much for an outstanding job in obtaining my L1 visa through my company's request!
Discussion Topics, Thursday, 17 November 2016:
FAQ: Refused entry 212(d)(3) waivers; L-1A for functional managers; Leaving employer after getting a green card; Changes in immigration after Trump.
Other: AOS for out of status; Giving and receiving money on H-1B visa/status; Name error in I-140; Medicaid for parents; Translations; Functional managers on L-1A; Denial of I-130; Losing green card; Amending H-1 is vendor changes; H-1 visa revocation; H-1B extension beyond 6 years; Priority date transfer; H-1 visa stamping; F-1 OPT based upon an employer who was not joined, etc.
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.
USCIS has posted a new Web page on the H-1B and L-1 fee increase required by the Consolidated Appropriations Act, 2016 (Pub. L. 114-113). Pub. L. 114-113 requires certain petitioners to submit an additional fee of $4,000 for certain H-1B petitions and an additional $4,500 for certain L-1A and L-1B petitions.
Can I apply for STEM OPT, if I work for a E-Verified staffing agency (similar to Aerotek, Kelly services) on contract basis that is related to my STEM field of education at a client location ?. (I along with staffing agency will fill out I983 form) <br>
I read online that USCIS has regulated "Certain Types of Employment" for STEM OPT in this new rule. So am worried that working for a staffing company at a client company location is therefore invalid :/ ((If so, I think then all the staffing companies would suffer as well))<br>
I have attached hereby the snippet from Federal Register:<br>
""""""There are several aspects of the STEM OPT extension that do not make it apt for certain types of arrangements, including multiple employer arrangements, sole proprietorships, employment through “temp” agencies, employment through consulting firm arrangements that provide labor for hire, and other relationships that do not constitute a bona fide employer-employee relationship. One concern arises from the difficulty individuals employed through such arrangements would face in complying with, among other things, the training plan requirements of this rule. Another concern is the potential for visa fraud arising from such arrangements. Furthermore, evaluating the merits of such arrangements would be difficult and create additional burdens for DSOs. Accordingly, DHS clarifies that students cannot qualify for STEM OPT extensions unless they will be bona fide employees of the employer signing the Training Plan, and the employer that signs the Training Plan must be the same entity that employs the student and provides the practical training experience. DHS recognizes that this outcome is a departure from SEVP's April 23, 2010 Policy Guidance (1004-03)."""""
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It would be really helpful if you could explain what the above paragraph means.
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: Successor in interest, effect of location change on green card; EB-5 investment-based green card loan, collateral, ownership; How soon can I leave the employer after green card approval; DUI/DWI visa revocation; EB-2 for nurses; What should employees do when employer convicted of visa fraud.
Other: I-94 expiring- passport duration; Children born within a few days after green card approval; H-1B amendment - change of location or project; H-1B cap exemption; Travel during STEM OPT extension; Opening a non-profit while on H-1; Physician (FMG) using H-4 EAD; H-4 extension; etc.
Short: I found Mr. Rajiv Khanna to be a very competent and knowledgeable attorney, his firm has great processes, which I think increased the chances of success for my application. I recommended Mr. Rajiv Khanna and his firm highly. Detailed: I work in a law firm (not immigration law), and am very impressed with Mr. Rajiv's practice, the level of personal attention he provides, the efficiency with which my application was prepared, the promptness of his staff, transparency and fairness about costs involved, the amount of information on his website, and his forthcoming nature in understanding the case, explaining the options and providing recommendations.
Mine was an individual case - for L1 visa application, which was approved without a hitch. Unlike blanket L visa cases for big companies, every individual case has several small 'unique situations' that need due care while being described. I found that the law firm of Mr. Khanna is very well geared up to handle such cases. At the point my application was submitted, I was already confident that it was in good shape, and had captured all the information that needed to be there. Thanks to Mr. Khanna and his staff, I had all reasons to expect a successful outcome. I have used other immigration attorney's services, and not that I was unsuccessful with them or disliked them, but there is a difference in the way Mr. Rajiv Khanna's firm handles their matters, which, in my view, makes a big difference both to the quality of the applications, and very likely the outcome.
H-1B and L-1 petitions filed on or after Oct. 1, 2015, should not include the additional fee that was previously required by Section 402 of Public Law 111-230, as amended by Public Law 111-347, for certain H-1B and L-1 petitions. The additional fee required by Public Law 111-230, as amended, expired on Sept. 30, 2015.
WASHINGTON — The U.S. Department of Homeland Security (DHS) proposed changes to its regulations that would strengthen and enhance the process for foreign students with science, technology, engineering, or mathematics (STEM) degrees from a U.S. college or university to get practical training experience in the United States. The enhancement of this regulation was announced as a part of President Obama’s November Executive Actions.
DHS has asked for an additional extension of stay to 10 May 2016 of the court order under which the STEM extension of OPT was invalidated by the DC federal court. DHS needs time to review appx. 50,500 comments they have received on the new proposed regulations. Historical discussion pertaining to the lawsuit is at this link: http://www.immigration.com/blogs/17-month-stem-cap-gap-opt-extension-voided-court
The Department of Homeland Security (DHS) proposes to amend its 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).
FAQ: Green card pending conversion to and from H-4 EAD – H-1; Filing green card while in F-1 status; New company sponsoring H-1; (flip flop again) revocation of I-140 by an employer does NOT revoke priority date; Green card through future employer; Pros and cons of H-4 EAD; Obtaining copies of approval notice and other documents through FOIA; Physician filing green card; Applying for green card and while visiting the USA; Risk and rewards in EB-5 investments in regional centers.
Other: New STEM OPT extension regulations; substituting petitioners in a family-based case; Resetting H-1 6 years clock; CSPA; Authorized period of stay when H-1 transfer is pending; F-1 visa stamping on OPT.
Topics Discussed, Thursday, 17 December 2015:
FAQ: Can TN work on 1099 as independent contractor; Difference between I-140 withdrawn and revoked;
Other: H-1 quota exemption; H-1B denial; H-1B how to file Form DS-160; I-140 revoked, refiling; H-1 L-1 221(g); I-130 processing; I-485 approval while COS pending; I-90 to renew green card; Misrepresentation in visa/ESTA; Contract for B-1/B-2 visa for domestic help from foreign country; Getting H-1 extension I-140 revoked, refiled; DV lottery (NOT my area of expertise); H-1 change of location; Does H-4 extension also extend H-4 visa stamp automatically? I-140 recapture or port priority date; Travelling while STEM extension pending.
Effective Monday December 21, 2015, per the Fiscal Year 2016 Consolidated Appropriations Act, the U.S. Consulate in Chennai will begin collecting an additional (U.S. dollar) $4,500 per application for all new Blanket L-1 applications.
Question 1: Redo the PERM or just the I-140. If redoing the PERM again then what's new in this regulation?
Answer: After 180 days, you can extend H-1 even if 140 is withdrawn.
Question 2: It seems that there is no easy provision for EAD/AP for approved 140 applicants. So is there any point in waiting for this rule or Should I consider Visa stamping is only option for traveling outside US? Please suggest as I waited for a year or long thought they are going to give AP.
It was a very pleasant experience working with the Law Offices. I would like to make a special reference to the person I worked with who kept me informed on each step during the process removing any anxiety - I did get prompt responses on all queries and she returned every call, that was amazing. I look forward to working with this team again when I apply for my Green Card.Thank and appreciate all your efforts.