We went to US Consulate, Ottawa and got my wife's TD visa stamped in her passport.
I am on H1B visa in US from 2008 with employer A, and i have I-140 approved in 2011 from Employer A, Now in 2017 i am planning to change my employer to Employer B.
My question: Scenario 1 : If say Employer B doesn't sponsor/start my GC/I-140 in 3 years, can my employer B use Employer A's I-140 to renew n number of times ?
Scenario 2: If I didn't like employer B in future and they have not sponsored or started my GC/I-140, can i switch to Employer C ,using Employer A's I-140.
Scenario 3:If I didn't like employer B in future and they have not sponsored or started my GC/I-140, then I switch to Employer A ,using Employer A's I-140 .. now do employer A again has to restart GC/I-140 ?.
Scenario 4: How much of over lap of dates of employment can happen b/w Employer A and Employer B.
Watch the Video on this FAQ: Changing jobs after I 140 approval, returning to the old job, etc.
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.
I am on H1B visa and was charged with DUI(1st off, no injuries, no aggravating factors) on October 29th,2017 at 2:30 AM in Harrisburg,PA. Took breathalyzer test and also the eye test was taken. After that I was taken to the booking center for bio-metrics and blood test. After 3 hours I was allowed to go home.
I have been charged with the following:
Gen Imp/Inc of Driving Safely - 1st Off 10/24/2017
DUI: High Rte of Alc (Bac.10 - <.16) 1st Off 10/24/2017
Obedience to traffic control devices - hazardous condition 10/24/2017
What should be the next steps to be taken. Also how and what can be done to reduce the charges?
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.
Currently I am in India, my H1-B got denied and left US. My wife is in US on the basis of change of status from H4 to B2 on humanitarian grounds due my daughter's chronic medical condition. Her B2 is still under process and if approves then good till 24th Feb'18.
Since It is uncertain I will get another employer who can sponsor h1b immediately,
Is there any provision for US born, parent can stay due to her undergoing intensive treatment?
Can we apply for humanitarian parole?
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.
I am working in USA with the J1 visa as Postdoctoral Fellow. In April 2017 my girlfriend tried to come to USA and she was refused under the section 212a, because she told to the TSA agent that they did not have a serious relationship with anybody in USA, and they found out that she had sentimental links to me checking her phone, we were in bad moment in our relationship by that time. She has double nationality Venezuelan/Italian and she was trying to get in USA with the Italian ESTA. They removed her ESTA for ever and they told her that If she wan to enter in USA she is going to need a visa. Then I got married with her trying to get a J2 visa for her but the consulate denied twice her application under the article 214b, one in August ( after got married in Venezuela, and the other one now in December (on December we went together because I had to renew mine, but not success for her one).
Anyone who attempts to gain any immigration benefits, including visas, through perceived fraud or misrepresentation is permanently barred from entering the USA. In cases like this, you can try to revisit these findings with the consulate, but these are long, drawn out battles and difficult to win. Temporary visits may be possible with something called a 212 (d) (3) waiver.
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.
Discussion Topics, Thursday 8 February 2018:
FAQ: H-1B or other status denied - what is my status?|| Can I get H4 visa stamping while the H1 to H4 change of status is still pending? ||AC 21 job portability, changing jobs before 180 days || AC 21 job portability, changing jobs before 180 days || National interest waiver (NIW) filing when priority date is not current || Other: Fixing I 20 problems ||L-1A amendment issues ||changing from H-1B to F1 ||Reentry permit and N-470 || multiple H-1B filings for the lottery/quota ||returning back to old H-1B employer if H-1B transfer is denied ||Impact of terminated deportation proceedings, logistics ||impact of revocation of I 140, EB-1C filing || Entering the United States on H-1B without a job || Client address change, DS160 filing || H-4 EAD and H-1 questions
Situation: I am on a cap exempt H1 with an approved I-140 more than 180 days and I found an employer who can file my cap subject H1 this April.
1. If the cap subject H1 is approved before oct 1st, will my new employment start date be earlier than October 1st?
2. Should I have to leave my current employer as soon as the other H1 is approved?
3. What if I don’t join the new employer until I find a project with them? Meaning, can I wait until after oct 1st until I find a project with them?
4. From your previous calls, I understood that if the new H1 is not revoked until oct 1st, I don’t have to go under cap anymore. Is that still accurate? Also, can you explain about getting a new I-94?
5. Should I have to go thru the GC filing all over again?
6. Can I start working with new employer while continuing my current employment?
1.If you are going to completely transfer over to a cap subject H-1B from a cap exempt you are going to start on October 1st, no earlier.
2. No.
3. Do not have the employer file an H-1B unless there is a specific project.
4. Yes that is still accurate.
5. The answer is yes, because you are carrying your priority date forward.
6. If you are working for a cap exempt employer you can actually concurrently work for a cap subject employer as long as it is a concurrent H-1B.
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.
Release Date
U.S. Citizenship and Immigration Services announced updated guidance for adjudicating requests for P-1A nonimmigrant classification for internationally recognized athletes.
Release Date
H-1B Initial Electronic Registration Selection Process Completed
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The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to COVID-19.
FAQs: AC21 Job Portability After I get my green card, is it legal to work for two companies (and not the original company) simultaneously?
How can someone get a extension on drivers license if his H1B extension is pending and I-140 is approved in Georgia??? What do you suggest someone should do in such a situation?
I had a discussion on this just yesterday with an employer who has 19 employees in a similar situation in various States. The problem here is, while USCIS regulations do permit a grace period of 240 days to continue working, most States have no clue about it. While, this is a good topic for advocacy, short of suing the States, the best thing is to just premium your pending H-1.
U.S. Citizenship and Immigration Services (USCIS) issued guidance on October 7, 2009 to clarify for performing arts associations and their members the regulatory requirements for agents who file as petitioners for the O and P visa classification.
O and P visas apply to non-immigrants with extraordinary ability in the sciences, arts, education, business or athletics, or in the motion picture and television field. O and P petitions may only be filed by a U.S. employer, a U.S. agent, or a foreign employer through a U.S. agent.
I work for company A for the last 7 years. I have been a manager with the same company for 5+ years. I am now in US for past 1 year on L-1 A Blanket visa. My current employer is not agreeing to file my GC. Some one told me that the scenario listed below is possible.
Scenario: Identify a new employer who is ready to sponsor my GC. Since GC is about future permanent employment, that employer can directly file my EB1. I can join the new employer once my EAD comes through. Is this possible?
Not entirely true. The GC IS for a future job. An employer CAN, based upon a good faith intention to hire you in the future, file a GC for you even while you are not working for them. But, an EB1 for an international manager/executive can only be filed by a company related to the company you worked for when you were outside USA.
For temporary visitors to the United States (nonimmigrants), reciprocity tables, available from the drop-down menu above, show applicable visa issuance fees by country and by visa classification type, and the maximum period of visa validity and number of applications, or entries, that may be authorized.
The Department of State has updated the visa reciprocity tables. Please click here to get the updated information.
H-1B, H-1B1, E-3 Helpful Resources:
The Department has posted a contact list for the H-1B, H-1B1 and E-3 Programs to assist employers with their applications. To view or download a PDF copy of the Helpful Resources for the H-1B, H-1B1 and E-3 Programs, please click the attachment below.
I am on F-2 visa and it is valid up to 1 July 2012. My wife already filed H-1B in Apr 1st week.I am also planning to file my H-1B. So can I directly apply H-1B or fist apply H-4 and then after apply H-1B. How will it work?
If you are subject to H-1 quota, to get status within USA, you must maintain status till September 30. So, it appears you may have to apply for H-4 as well as H-1. Your lawyers can help you figure out the timing. Applying for H-4 now should not be an issue. But move quickly. You can file for H-4 online. Fairly easy.
Please check the attached CRS Report on "Immigration of Temporary Lower-Skilled Workers: Current Policy and Related Issues".
Deferred Action for the "Dreamers" -- Youthful Illegal Aliens
17th June 2012 at 07:20 PM
I have received a lot of questions from people on the new policy announced by the White House on 15 June, 2012, what they refer to as “Reform for the Dreamers.” Essentially, what is being addressed is those people who are below the age of 30, came into the US before they were 16, and have been here for five years. So the idea is the people who are illegally here and were here at a relatively young age, we want to protect.
And the policy as announced by the President is motivated by the fact that these folks have come here, they’ve studied hard, they’ve worked hard, and they came not because they wanted to come, but because they came as a child, and they had no control over where they were.
Let me make one thing very clear at the outset. This program does nothing for people who are legal residents or immigrants or temporary residents of the United States. It does nothing if you are legally in the USA and your children are here legally in the USA, it does nothing for you. Stop listening if that's what you are interested in. But if you want to know more about the law and how it is shaping up, I will tell you more as best as I can based upon our knowledge as it exists today.
So the idea here was that you want to protect those people who came here without their own volition, without their own desire. They are here because their parents are here. And the President said that he wanted to step in and take care of these folks because this is not a new effort. It was started as early as six years ago. I know it because we were very actively involved at one point in this process as well.
The President talks about six years ago, the unlikely trio John McCain, Ted Kennedy, and President Bush had come together to champion this so called “Dream Act,” but, unfortunately, according to the President, the Republicans blocked it in the Senate. So the idea here is that the President wanted to step in and do whatever he could without involvement of Congress. So remember, Congress passes laws, whereas the Executive Branch of government, which is the President and all the agencies underneath the President, including DHS, USCIS, etc., all of them implement and execute the laws. When you are implementing something or executing something, remember that your authority is limited. You cannot create new rights. You cannot create more laws. Because of that, the President made it clear and USCIS made it clear that we are not creating any permanent entitlement.
What we are going to do is this: if you meet the criteria, we will give you temporary residence in USA for two years. It carries no other rights except the right to work. The details would be implemented within 60 days, so let me get to that document. This is probably the most informative document to date. These are the Frequently Asked Questions that the government has put out.
The duration of the deferred action is for a period of two years, subject to renewal.
What does deferred action basically mean? It means, “We will not deport you, we will not remove you, and we will not send you outside USA.” That does not create any new rights. It does not make you a permanent resident. It does not make you even a legal non-immigrant, like an H-4 or E-2 visa holder. It does not give you anything substantive. It basically gives you the right not to be deported until government changes its mind, and they can change their mind right away. There is nothing in law that says they cannot change their mind. The use of prosecutorial discretion confers no substantive right.
It does not make you legal in the USA. They want to begin implementing the process within sixty days of June 15, and the rights are available immediately, but they will start orderly implementation within 60 days.
Then they talk about who is eligible. The individual must have come to the USA under the age of sixteen; must have been here five years before the date of this memorandum (which is June 15th, 2012); must currently be in school or have graduated from high school or have obtained a general education development certificate (GED) or be an honorably discharged veteran of the Coast Guard or Armed Forces of the US; and must have not been convicted of felony offense. No felony. If there is even one felony, you can't qualify for this. Also, you can’t be convicted of a significant misdemeanor offense, and they define what significant misdemeanor offense means. Also, you can’t be convicted of multiple misdemeanor offenses or otherwise pose a threat to national security or public safety. So if you have a criminal background or have a history of being a threat to national or public safety, you will have a problem. And you must not be above the age of thirty.
Then they talk about what is deferred action. They define it. It basically means, “We will not send you out.” It does not mean whatever unlawful presence you have already accrued gets washed away. What does that mean? In a very basic manner, once your I-94 expires or you enter US without inspection, if you come through the border without being inspected in other words (for example, a coyote brought you to USA), the fact that you are getting deferred action now does not mean all your past problems are washed away. So be very careful. Do not think that, because unlawful presence of one year will bar you from getting any kind of status in USA for ten years unless you qualify for a very narrowly tailored waiver. It is very difficult to get a waiver on something like that. Just because you are getting a differed action now does not mean that all the past “sins” and infractions have been washed away. They are still there. Those violations are not going to go away.
You will receive employment authorization and remember that deferred action can be terminated anytime. Then they talk about how they are going to implement them. Individuals who are not in removal proceedings (meaning you are in the immigration court right now), some people who are in removal proceedings will be treated differently. One classification is individuals who are not in removal proceedings or who have already been ordered to be removed (meaning their proceedings are over and the judge has said, “Okay. You need to be removed. You need to be sent away.”) Those people will be treated little bit differently. Individuals who are still in proceedings will be treated differently. So they have these various methodologies that they are going to come out with. We still do not know all the details yet, but they will be treating these people differently, but all of these folks will have the right to get their work authorization and deferred action as long as they meet those four to five criteria that I have mentioned earlier.
Another thing that the government mentioned was that the people who they have already identified, they are automatically giving them deferred action without having to apply. So basically the government is acting upon its own accord. There is a lot of information in this Frequently Asked Questions document. I will attach that document to this little conversation that I have here.
Then they talk about what kind of documentation you need to show that you came to USA before the age of 16, that you have resided here for five years, and that you were physically present in the US as of June 15, 2012. They said provide us financial records, medical records, school records, employment records, military records, but that is not the only thing. You can give anything that you think tends to prove your presence in the USA that will help you.
So now this where they talk about what they consider a significant misdemeanor offense. First of all, a felony is anything that is punishable by more than one year in prison, according to this definition. So anything that is punishable by more than one year in prison, if you have been convicted of that, you do not qualify. You also can’t have a significant misdemeanor and they define it here. A significant misdemeanor is a federal, state, or local criminal offense punishable by no more than one year of imprisonment and, even if no imprisonment-- that is the key point-- even if there is no imprisonment-- but involves violence, threat, assault, domestic violence, sexual abuse or exploitation, burglary, larceny, fraud, driving under the influence of alcohol or drugs, obstruction of justice, bribery, or unlawful flight.
So there is a whole list of things that, if you have been convicted of, even if they were a misdemeanor, you will not qualify. And if you have three misdemeanors, you will not qualify at all. And they talk about what threat to public safety is. It is, for example, gang membership, participation in criminal activities, or participation in activities that threaten the Unites States.
What if my case is not approved? Can I ask for an appeal? The answer is no. You cannot get an appeal, but they will set up a public procedure where you can ask the supervisor of the case officer who decided your case to look at the case again and decide.
Do my dependents or immediate relatives get benefit? No. This is only for you, the person who qualifies.
Can I travel outside United States? The answer is, “We have not decided that yet.” I will be very careful with that, because, if you are subject to unlawful presence and you have been here over a year under unlawful presence, travel outside USA could bar you for ten years.
I hope this gives you some information on what you need to do and what this is all about. Feel free to post a message here if something is not clear.
Good luck, folks.
Mexico City, June 29, 2012 – Following President Obama’s efforts to promote travel and tourism as important contributions to job creation and economic growth, the U.S. Embassy is pleased to announce that beginning July 1, 2012, an expanded visa renewal program will allow many more Mexican citizens and residents to renew their nonimmigrant visas without a follow-on interview at the Embassy or a U.S. Consulate.
As of July 29, 2012, all non-immigrant visa applicants must fill in the DS 160 application form and pay the MRV fee through purchase of a mandat compte before scheduling an appointment. The reference numbers of both the DS 160 and the mandat compte must be provided at time of scheduling.
Important notice
I am writing this in testimony of the very professional service that Rajiv Khanna's firm has provided to us for successfully petitioning for our L1A and L2 visas.
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