Discussion Topics, Thursday 8 March 2018:
FAQ: Change of status to student F-1 while green card is in process || H-4 EAD termination and converting to H-1B ||If H-1B transfer is denied, can go back to my old employer? || When does AC21 job portability begin? || Can H-1B be extended through a new employer while the I-140 is in process? || Which jobs can qualify for an H-1B visa? || EB-1C for functional managers - overseas team inclusion || The 180 rule for priority dates/H-1B extension || Leave without pay for H-1B / Status
Other: When is an H-1B amendment required? || Errors in H-1B, amendment || L-1A working in multiple countries || Extensions of OPT when there are accreditation issues with college || I-140 approved changing jobs; no pay stubs applying for H-1B || Status of H-4 if H-1 is rejected || H-1B transfer issues where old H-1 revoked || Concurrent H-1B || Duration of H-1B based upon project duration varying through different vendors in the chain of contracts ||
On March 23, 2018, the Student and
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
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.
SEVIS by the Numbers is a statistical summary report produced using data compiled from SEVIS. This report provides a snap-shot of relevant and useful information and is used as a resource by a variety of SEVP stakeholders and partner agencies.
USCIS denied an L-1A (filed by the corporate counsel) because the buyer was not considered to be an executive/manager. She was not supervising any personnel. We were retained to refile the case. We won the case by showing that though she did not have supervisory responsibility; she was an executive level employee.
We were able to obtain a series of L-1A approvals despite earlier denials. We showed through substantial evidence that a franchise operation may qualify for L-1 visas.
We obtained an L-1A for the director of a consulting company ("think tank") that interprets the impact of political events on financial markets and keeps institutional investors informed on U.S. and world events.
We obtained an L-1 transfer for the president of a company where the company, after one year of operation underwent a structural change impacting the relationship between the company abroad and the company in the U.S. There were some complex issues of ownership and control. We successfully transferred the beneficiary to a new company that was spun off through the structural change .
We obtained an L-1 for the owner of a company where the USCIS posed an objection that the company had only one employee and a team of consultants. We were able to obtain approval, nonetheless.
We obtained a start up L-1 for the president and owner of a company opening a chain of grocery stores. Though the foreign related company had an unrelated business, our firm was able to justify why the beneficiary needed to be transferred to the U.S. to start up the new, unrelated business.
WASHINGTON — The Department of Homeland Security (DHS) launched an enhanced Study in the States website Monday with four new features. The features enable the Student and Exchange Visitor Program (SEVP), housed within U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), to convey pertinent information to stakeholders about the international student process in a clear and interactive manner.
The new features include:
WASHINGTON — The Student and Exchange Visitor Program (SEVP) deployed 14 additional field representatives to territories across the country this week. The field representatives serve as liaisons between the nearly 9,000 U.S. schools that enroll international students and SEVP. The program, housed within U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), certifies schools to enroll international students and protects national security by overseeing those students for compliance with U.S. laws.
Currently I'm on L-1A status and it expires in *** hence my employer is planning to file new H-1B this April not change of status. Here are my questions...<br>
1) If I get H-1B this April, is it mandatory to work on H-1B from Oct 01, 2015?<br>
2) Shall I continue with L-1A status until it expires and then can I change to H-1B?
See clip from Attorney Rajiv S.
My sister is a naturalized US citizen and she is planning on applying for my GC. I have 2 questions:
1. If my company decides to sponsor my L1-A visa (after my GC application is submitted) will my L1-A be denied because of my GC application?. I have a multiple entry 10 year tourist visa that will expire in 2017. If I apply for a new tourist visa in 2017, will that be denied?
2. Furthermore, my father's GC (consular processing) is being processed currently. Once he becomes a GC holder, can he apply for my GC (I am single over 21 years of age) in such cases Processing time is also much less. If my father can sponsor my GC, what happens to my application in the unfortunate event of my father's demise during this period?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/R4-_pic6TzY?t=103
FAQ Transcript
Discussed: FAQ on Requirements for Extension of H-1 beyond 6 years; applying for visa from third country (TCN); after getting green card, how soon can I change jobs; birth certificate problems; H-4 EAD COS pending; File green card while on H-4; H-4 EAD - Can we own our business? Do we have to run own payroll? And Applying for H-1 visa; US options for Canadian; applying H-1 through multiple employers; EB-5 for ; dentist; affidavit of support; EB-2 with 10 years of experience; EB-5 buy existing business; error on EAD; ; E-2 visa; priority date carry over; L-1A org chart, etc.
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
[Federal Register Volume 78, Number 20 (Wednesday, January 30, 2013)]
[Proposed Rules]
[Pages 6263-6269]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-01555]
---------------------------------------
DEPARTMENT OF STATE
22 CFR Part 62
[Public Notice 8163]
RIN 1400-AD28
Exchange Visitor Program--Fees and Charges
AGENCY: U.S. Department of State.
ACTION: Proposed rule with request for comment.
What is the SEVIS Form I-20?
Foreign exchange students will receive a Form I-20 from the DSO of the educational institution that accepted the student to study in the United States. That student must have a Form I-20 to apply for a visa, to enter the United States, and to apply for benefits.
Is a Form I-20 valid without a stamp?
Yes. A stamp is not required on the Form I-20. Some state and federal agencies require foreign students to present a Form I-20 to identify the end date for the student’s program. However, a stamp is not required for this purpose.
How will an unstamped Form I-20 affect work authorization?
A student should have no negative impact on off-campus employment if s/he has the USCIS-issued Employment Authorization Document and a Form I-20.
I am on L-1A (been about 4 years) from company A and in closing stages of getting a very good offer from company B. Both A & B are global corporations. For company A, I oversee business across continents (Both North America & Latin America). Company B is very keen on having me on board.
1. What are all the possible options on visa front so that I can join company B?
2. What is the quickest option that can help me get on to company B?
3. If I want GC, can company B file for it when am still on payroll of company A - if so, can it be EB-1?
Since A and B are not related, H-1B is the only obvious option to join B. B can start your green card even before you join, but it will not be EB1 (international manager/exec.).
Only schools that are certified by the Student and Exchange Visitor Program are authorized to accept international students.
Please check the link "Study in the States" to know more.
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.
I am very happy to particularly mention and thank Savita Krishnamurthy who has been our counsel and point person. Savita has supported us with excellent professional advice on all aspects of our petition. At the same time, she has been very prompt in her responses to all our queries (and those were more than a few!! . Overall she has helped to make it a smooth and painless experience for us to get the approvals.
I strongly recommend Rajiv's firm for anybody looking for prompt effective professional service for their immigration requirements.