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Bangkok’s Local Policy on Issuing B Visas

11 years ago By Chief Editor
Question details

1. Describe Bangkok’s local policy on issuing B visas.

2. How does HCMC <b>(Ho Chi Minh City)</b> typically handle B visa adjudications for pregnant mothers who wish to give birth in the U.S.?

3. How does HCMC <b>(Ho Chi Minh City)</b> typically handle B visa adjudication for dependent parents?

4. How does HCMC <b>(Ho Chi Minh City)</b> typically handle B visa adjudication for domestic employees?

5. How does HCMC <b>(Ho Chi Minh City)</b> typically handle B visa adjudication for cohabitating partners of NIV (nonimmigrant visa applicant) or USC (U.S. citizen)?

1. Bangkok does not have any “policy” on evaluating B-1/B2 visa applications other than the approaches outlined in 9 FAM.  Each case is treated individually and is decided based on the personal interview.

Applicant Accompanied by a Third Party for an Interview

11 years ago By Chief Editor
Question details

May a third party (spouse, sponsor, etc.) accompany an applicant to an interview for a Nonimmigrant or Immigrant Visa?

The State Department says that on the Immigrant Visa side, the petitioner may accompany the beneficiary if a petitioner is in the Consulate city at the time of the interview.  The interviewing officer will speak to the petitioner only if he/she determines it is necessary to assess the case.  Applicants under 17 years old MUST be accompanied by a parent or legal guardian on the Nonimmigrant Visa side. 

Student Visa and Employment

11 years ago By Chief Editor

If you would like to study as a full-time student in the United States, you will need a student visa. There are two nonimmigrant visa categories for persons wishing to study in the United States. These visas are commonly known as the F and M visas.

You may enter in the F-1 or M-1 visa category provided you meet the following criteria:

DOS Publishes Final Rule on Regulatory Exception for Certain Nonimmigrant Visa Classifications

10 years ago By Editor

[Federal Register Volume 78, Number 215 (Wednesday, November 6, 2013)]
[Rules and Regulations]
[Pages 66813-66815]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-26590]

[[Page 66813]]

Vol. 78

Wednesday,

No. 215

November 6, 2013

Part II Department of State

-----------------------------------------------------------------------

22 CFR Part 41

Administrative Processing

10 years ago By Chief Editor
Question details

What is Administrative Processing?

Some visa applications require further administrative processing, which takes additional time after the visa applicant's interview by a Consular Officer. Applicants are advised of this requirement when they apply.

Employment Authorization Document (EAD)

10 years ago By Chief Editor
Question details

What is an EAD?

What is an EAD?  

Certain aliens who are temporarily in the United States may file a Form I-765, Application for Employment Authorization, to request an Employment Authorization Document (EAD), which authorizes them to work legally in the U.S. during the time the EAD is valid.  

Why does my new EAD look different than my prior one?  

I-94 Web Application Video

11 years ago By Chief Editor

The I-94 Web Application has been designed to provide travelers with the I-94 number that is assigned by Customs and Border Protectio or CBP - upon entrance to the United States. The I-94 number may be used for verification with other government agencies. Foreign travelers entering the UnitedStates at air or sea ports of entry will be able to access their electronic Form I-94 by visiting www.cbp.gov/I94

To learn more about this Web Application please visit the link below.

Moving Outside USA For A Year While H-1B Has Not Expired

11 years ago By Chief Editor
Question details

I have a valid H-1B until April 2014. I left my employment with my company March 2013 and we were in the process of applying for the GC. I did not have time to find another employer and file a GC application before entering my final year. Therefore even if I transferred my H-1B I still would have had to leave in 2014. Therefore I have decided to come back to England for a year and reapply when I have completed 365 days out. I have 2 questions:

1) Does my time start from when I left the US or do I have to cancel my H-1B?

2) If I go back to visit, I assume I just visit under the visa waiver?

1. The one year out starts when you leave USA.

2. It may be best not to visit during that year.

B-1 in Lieu of H-1

11 years ago By Chief Editor
Question details

I came with B-1 to work until I obtain H-1B (this is B-1 in lieu of H-1 clause that authorize me to work). I was not selected at 2013 H-1B lottery. How long can I stay on B-1: 6 months + one renewal, would the second renewal be granted,I am looking at L-1B as an alternative but I did not complete the one continuous year before coming to US with my employer. Can the company "make up" some months of work abroad to complete the 12 months? How deep are they digging into for L-1B?

No making up please, unless federal prison is a part of our career plan. B-1 in lieu of H-1 is uncertain, but you can keep trying extensions. If the new law for comprehensive immigration reform passes, things could change drastically.

Labor Certification Registry Document Availability Schedule (as of July 1, 2013)

11 years ago By Chief Editor

Currently, the LCR displays all certified H-1B1 and E-3 Labor Condition Applications (LCA) and Permanent labor certifications, dating back to April 15, 2009. However, the Department is experiencing technical difficulties with the display of approved H-1B LCAs. In addition, due to the historical paper-based filings of H-2A and H-2B applications, these labor certification documents must be manually redacted and uploaded to the LCR and, therefore, only a limited number of records covering Fiscal Year 2013 are currently available.

Travelled to India on H-1B status, stamping done through NIE, job contract ended: What are the chances to get back to the U.S.?

2 years ago By Chief Editor
Question details

My friend had traveled to India in an emergency situation in April this year. Since the consulates were closed for so long, he could get his H-1 visa stamping done by an emergency appointment last month (through NIE) only. Now, his job contract ended here. What are his chances to come back to the U.S.? - Does he need to have a job with an offer letter before traveling back to the U.S. back?

FAQ Transcript

 Unless you have a specific job in hand, the one that has been described in the H-1B you should not come back.

 

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.

Impact on H-1B status of using advance parole

2 years ago By Chief Editor
Question details

H1-B Visa Stamp Expired - but H1-B Status Valid until Sept 2023 (I-797 Approval Notice) 

I-140 approved long back, I-485 pending (PD not current but close), I-765 + I-131 approved Combo Card. Travelled to India with both H-1B I-797 and I-485 EAD/AP (Validity was 1 Year) and returned a couple months back; chose to return on I-485 AP because could not get a Visa Drop Box Appointment. New I-94 received upon entry is only valid till AP expiry date; which is prior to H-1B I-94 attached to I-797 (Sept 2023). No change of Employer before or after the travels - return to the same employer.

a) Does the use of AP on returning mean the H-1B status is abandoned in this case?

b) Will I fall out of status after August 2022 - based on this new I-94 with AP entry?

c) Can the already approved H1B status be reinstated (if it was abandoned) and also be extended like regular H1B extension after 2023 - if yes, would that need a travel out of the country before August 2022 and return on H-1B visa stamp?

 

FAQ Transcript

a). Although you entered the United States on advance parole this time you are still considered to be holding a H-1B status. That is not disturbed by your exit and entry.

b). The I-94 that you get with the advance parole entry is limited and hence it should not be a problem. You should be able to transfer employers. You definitely can amend or even extend your H-1B within the United States. I am not aware of any limitations on the ability to use the H-1B for a transfer.

c). Yes you can always revive an H-1B. If the H-1B has expired, you can seek a renewal of the H-1B through the USCIS and then go outside the USA (your home country or any country) and get a H-1B visa stamp and come back.

 

 

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.

Can I use an approved, but never used, H-1B petition to transfer to a different company?

2 years ago By Chief Editor
Question details

I have had an approved H-1B petition since 2010 but never used it. Can I reuse that petition and obtain an H-1B transfer to a different company? The old company who has filed H-B petition has not withdrawn it.

FAQ Transcript

The problem I see is that the approval is too old. A never-used H-1B approval obtained more than six years ago may not be viable. But, you can have it researched further. I suggest you look into something called the” remainder option.” Although, it is probably not applicable to you, but your lawyers should make sure of that.  Normally, the remainder option is available for people who were employed for a while in the USA on H-1B. These folks, if they go outside the United States for one year after the H-1B employment, can get the time remaining on their H-1B without regard to when it was approved.

 

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.

Dec 23, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

2 years ago By Chief Editor

Nonimmigrant Visas

Green Card

Discussion Topics: FAQ: L-1B or TN visa for intracompany transfer - advantages and disadvantages || STEM-designated MBA - is it easier to get an H-1B visa?|| Parent's EB-2 approved, EB-3 downgrade pending, - will aging-out child's EAD interfere if EB-2 advances, and the best way to maintain the status of a child turning 21|| Do we have to refile PERM or I-140 0r I-485 due to corporate restructuring/successor-in-interest

Rajiv's Comments in the News - H-1B visa extensions will be smoother as Trump-era memo is revoked

3 years ago By Chief Editor

Published by: The Times of India  - Date: April 28, 2021

Quotes and Excerpts from Rajiv in the article:

Rajiv S. Khanna, Managing Attorney at Immigration.com told TOI, “Business entities make plans based on consistency and predictability – not being able to rely on the availability of professional workers was not conducive to business nor to non-citizen workers.”

Rajiv's Comments in the News - H-1B denial rates decline: USCIS data

3 years ago By Chief Editor

Published by: The Economic Times - Date: September 01, 2021

Quotes and Excerpts from Rajiv in the article:

“We have seen a very positive trend in the moderation in unnecessary hurdles. We see this trend all through legal immigration, not just H-1B visas. It’s not that we are not getting requests for evidence, it is that they are a lot more reasonable,” said Rajiv S Khanna, managing partner at immigration.com.

Rajiv's Article - The US will continue with its 2020 student immigration policies. Here's what that means for you

3 years ago By Chief Editor

Published by: The Economic Times - Date: April 28, 2021 

Synopsis

New or Initial F and M students who were not previously enrolled in a program of study on March 9, 2020, will not be able to enter the United States as a nonimmigrant student for the 2021-22 academic year if their course of study is 100 percent online.

For more on this article please see the attachment below.

USCIS Provides Clarifying Guidance on O-1 Nonimmigrants in Arts vs. Motion Picture and Television

2 years ago By Chief Editor

Release Date 

U.S. Citizenship and Immigration Services announced clarifying guidance on how USCIS determines whether an O-1B beneficiary will be evaluated as a person of extraordinary ability in the arts or as a person of extraordinary achievement in the motion picture or television industry when a case has elements of both.

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