22 July 2021: Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Immigration.com
Green Card
Discussion Topics, Thursday, July 22, 2021:
Discussion Topics, Thursday, July 22, 2021:
1. On 5th year of H1. Single employer till date from day one of H1. Same employer has sponsored GC applications, I-140 approved, I-485 filed in Aug-07, EAD and AP approved and successfully renewed. What is the real value of CIS issuing EADs to people like me? Does this allow me in addition to the current job I have, take up ‘any’ other job using EAD? Does having an EAD permit me to work multiple jobs?
2. Does having an EAD permit me to work multiple jobs?
3. If due to economic situation my employer (who has sponsored GC) has to lay off people and I am let go am I out of status? Reading through your blogs I understand that since I-485 is pending, one is NOT out of status even if NOT working – is this correct?
4. How long can one stay without working (no job) while I-485 is pending? Will not working be seen as ‘abandoning the GC application’?
5. Do we have to let CIS know that one has been laid off? If we have to do this wouldn’t CIS see that the job for which GC is being processed is no longer available and immediately terminate the I-485 application?
6. Do I lose EAD and AP?
7. My wife is working using her EAD…will she lose her EAD?
8. Is it possible to invoke EAD and take up similar job if one can be found? Is there a time period within which this has to be done?
9. Is it possible to invoke EAD and take up ‘any’ job if a ‘similar’ job is unavailable? If this route is chosen I understand that Labor Certification & I-140 may have to be re-applied, but would the priority date remain where it was originally (as obtained in original GC application) OR would priority date change to the date when new I-140 is filed?
1A. Yes.
2A. Yes, but you will then lose H-1 status (which can be revived by reentering USA using an H-1 visa during the life of your H-1 and taking up single-employer job with the H-1 sponsoring employer – not a difficult task, usually).
3A. Correct. You are in authorized period of stay. That has been explained in my blog.
4A. You can stay as long as CIS does not send an RFE or a Notice of Intent to Deny requiring you to prove similar, alternate employment (AC21 portability – also explained in detail on my blog).
I just completed my undergraduate degree and my F1 status does not expire till May 2010. My OPT application is in process and still pending with a requested start date of 10th February 2010. However, I have found an employer who is willing to sponsor my H1B visa. So here are my questions. i)Can my employer file for my H1B visa right now, even though I am interim OPT application process? ii) When can I start working and getting paid from my employer? Essentially, I want to start working and I am wondering what is the fastest way to do so.
Since the H-1 quota is over, OPT is your best option as far as I can tell.
Topics:
Release Date
The Department of Homeland Security has issued a final rule that removes from the Code of Federal Regulations (CFR) an interim final rule (IFR) issued in October 2020, which has since been vacated by a federal district court.
I want my parents and my niece to visit me here in US. Can I apply for visa for all 3 of them together. My brother and sister in law are currently undergoing separation. Will there be any issues because of that?
I see no reason why they cannot all apply. Separation should not raise a problem as far as I can see. But consulates may want some additional paperwork for a minor to travel with grandparents.
Published by: The Economic Times - Date: May 10, 2021
Synopsis
To protect yourselves, carry evidence that your extension application was timely filed and you left because you had an urgent need to do so. Also, take a screenshot or printout of the FAQ on the CBP website: “How can I extend my stay while in the United States?
For more on this article please see the attachment below.
I am a college freshman student on an F-1 visa and am thinking about applying for green card, as I have also completed 2 years of HS in the US. Any idea how long the green card process may take and should I apply already for green card now in order to possibly get it by the time I graduate college?
The time frame for employment based green cards depends upon two things: your country of chargeability (usually the country you were born in) and the category of green card through which you apply: EB1, EB2, EB3.
Discussion Topics, Thursday, August 05, 2021:
FAQ: What Happens if H-1B Employer Revokes a Quota H-1B Before October 1? || Multiple Employers or Jobs on I-485 EAD|| How Long Can You Be Unemployed on AOS EAD/AP? || Taking a Long Break After Receiving Employment-Based Green Card || Downgrading EB2 to EB3 for Both Husband and Wife and CSPA or Derivative Beneficiary for Daughter.
Note: For the NRI readers, The Economic Times has started an immigration helpdesk. A team of experts which includes Rajiv S. Khanna addresses the most pressing issues. Please see the link below.
USCIS recently updated the following USCIS forms:
I am on Initial OPT which expires on November 30, 2021. A company filed H1-B lottery for me this year (2021) which got picked and approved but I was laid off in May and immediately the company filed H1-B withdrawal and sent to USCIS on June 1st, 2021.
1) I have joined a big MNC company few days back who’s willing to sponsor me. I have approval and LCA Notice. What are my options now to get H1-B back?
2) If I can’t do anything with My H1-B. What’s the time frame generally it takes to withdraw my H1-Status? My Status still shows H1-B approved in the portal.
The usual consensus of opinion is that in such cases you have lost your quota so you are back in the quota. You have to go through the lottery again next year when you apply. More...
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.
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
The URL for the channel is:
http://youtube.com/immigrationdotcom
My husband used to have visa O for 2 or 3 years, and we decide to come back to Mexico in 2001, now we want to come back to USA, could you renovate this visa or is easy apply for new different visa? He has a BA in Spanish Literature and I have BA in psychology, we have one eighteen and one 15 years old sons and 1 year old baby girl, and we live in Canada right now.
You will need to have the employer apply for a new O-1 petition with USCIS.
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
The URL for the channel is:
http://youtube.com/immigrationdotcom
I am in the US from Australia and just lost my job as an Engineer. I was on an E3. My wife has an H1B and is employed. Since E3 restrictions give about 10 days grace period, our immediate option is for me to go to an H4. Does anyone know how long this process usually takes if I am currently in the US and what I may have to do.
Just go to Canada or Mexico and get your H-4 stamping and come back. That should work.
I entered USA on F1 visa with my married name. As i got divorced a week before flying to USA wasn't able to change the last name. Now i am graduating soon and wish to obtain certificate in my maiden name. So i got my last name changed in passport from Indian Consulate San Francisco. But in my new passport there is no visa. So what should i do? The consulate and my school says that whenever i go back home i need to get a new visa. So is that true? Will there be any problem in going back India for summer vacation and getting a visa again? Is it possible to get visa here?
Generally speaking, getting a new visa endorsement should not be a problem. You cannot get a visa within USA.
Release Date
U.S. Citizenship and Immigration Services today announced a pilot program for accepting credit card payments using Form G-1450, Authorization for Credit Card Transactions, for U nonimmigrants filing Form I-485, Application to Register Permanent Residence or Adjust Status.
I came to US in 2004, overstayed my J1 visa by 3 years and got married to a greencard holder in 2007. My I-130 was approved in 2008 . Is it possible to adjust status when my visa number becomes available. I have read on different sites that I'm not eligible since I have not maintained lawful status during my stay. Are there any loops?
Unless your spouse becomes a US citizen, nothing can be done as far as I can see. If you had a 2 years HRR, you have bigger problems.
I have a L1-A VISA through company Blanket. I have visa up to 2013. But my blanket expires in 2011-dec. I got I-94 up to Dec-2011. I have already applied for I-94 extension. How long will it take?
It can take a few months. You can apply for premium processing even when the case is filed and pending.
[Federal Register Volume 76, Number 216 (Tuesday, November 8, 2011)]
[Rules and Regulations]
[Pages 69119-69120]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28985]
---------------------------------------
DEPARTMENT OF HOMELAND SECURITY
8 CFR Part 103
[CIS No. 2459-08; DHS Docket No. USCIS-2008-0038]
RIN 1615-AB76
Commonwealth of the Northern Mariana Islands Transitional Worker Classification: Correction
I am a US citizen - my partner is a citizen of the UK (we are not married). He is a consultant in the international development field so travels frequently, but often visits me in the US when he is not working. He has been to the US for visits of 2-3 weeks duration about 6 times in the last year. The past few times, immigration has hassled him about the number of visits he is making. We are concerned that one of these times he may be refused entry - is this likely?
He can be denied entry. UK citizens have the same options to work in USA as the rest of the world; typically H-1, L-1, E-1 and E-2 visas.
I’m applying L2 for my wife. She is working in India and she is coming here on vacation. Do I need to mention her working details while filling L2? Or shall I mention saying that she is not working?
Tell the truth. I see no reason why you need to worry. An L-2 is permission, not an obligation. She can come and leave as she pleases.
I am in USA on L2 visa and I intend to start interviewing/ working immediately. For the EAD application, do I have to apply it before I interview or does the employer apply on my behalf once they make an offer? What are the processing times for EAD? I still haven't got my SSN but have scheduled the appointment for SSN. Should I apply for EAD after the SSN is approved or soon after SSN application?
You should apply (not the employer) for the EAD ASAP. Processing times are on USCIS web site.