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.
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Answer: After 180 days, you can extend H-1 even if 140 is withdrawn.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.
The Department of Homeland Security (DHS) amended its regulations today to improve the programs serving the H-1B1, E-3 and CW-1 nonimmigrant classifications and the EB-1 immigrant classification, and remove unnecessary hurdles that place such workers at a disadvantage when compared to similarly situated workers in other visa classifications.
The Department of Homeland Security (DHS) amended its regulations today to improve the programs serving the H-1B1, E-3 and CW-1 nonimmigrant classifications and the EB-1 immigrant classification, and remove unnecessary hurdles that place such workers at a disadvantage when compared to similarly situated workers in other visa classifications.
Recently, there was an ICE raid on students enrolled in University of Farmington, Michigan. I was temporarily enrolled for a year and half there (Feb 2017 - Nov 2018). I left USA on my own volition in May of 2018. The univ eventually terminated my SEVIS for non-payment in Nov 2018. I'm looking to apply for a tourist visa to USA. What potential issues might arise?
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.
We were retained by a corporate client to process several E-3 petitions for nationals of Australia. All of the visas were issued at the Australian consulates without any problem. One applicant has already entered the U.S is currently working on E-3 status. We have also submitted a petition for an E-3 amendment with USCIS, which was also approved without any issues.
I am an Indian born, Australian Citizen on a E3 visa. Does applying for a Green Card jeopardize my chances of getting E3 visa renewed in the future? My wife is on E3D visa and has EAD. She is working now and can her employer start GC process and will that jeopardize her E3D visa renewal and/or my E3 visa renewal? What is the best bet? Applying GC on my name or her name? Both are qualified educationally and both have jobs in the U.S
Applying for a green card should not be a problem for you or your wife. I always suggest filing two independent green cards where the option is available. This provides for a safety net if the process fails for one of the spouses.
Are E - 3D visa holders allowed to work as freelancers?
To the best of my knowledge - no. You need an employer.
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.
Please check attachment to view user manual for Form I-17.
If you attend an SEVP certified school that has been automatically withdrawn from SEVIS certification as a result of SEVP’s ongoing recertification process please:
ICE announces changes to the Form I-515A process, and alerting SEVIS users of that as of 7/15/11. SEVP will terminate the SEVIS record of any F or M nonimmigrant who does not comply with the I-515A directive within the 30-day response period.
The U.S. Embassy or Consulate where I went for my visa interview denied my application because my DS-160 contained errors or was incomplete. What does this mean and what do I need to do next?
After I have corrected or completed my DS-160 application, do I need to schedule a new appointment or return to the U.S. Embassy or Consulate?
Contact the U.S. Embassy or Consulate where you applied for specific instructions.
Should I bring my entire application or just the confirmation page with me to the interview?
You are not required to bring your entire application. For your interview, you are required to bring your confirmation page with your application ID number on it so we can retrieve your DS-160. You must bring the confirmation page with you during all phases of the application process. Without the confirmation page, we may not be able to process your visa case.
I submitted my online DS-160 application, but lost my confirmation page. Can I print a new one?
Yes, you can reprint the confirmation page of an application that has already been submitted. In order to do so, go into the Consular Electronic Application Center website and select the Embassy or Consulate at which you are applying. Hit “Option C-Retrieve Application” on the Getting Started page and enter your application ID number. From there you will be able to view and print your confirmation page.
I am traveling with my family or as part of a group. Can I create a family or group application?
Yes. On the “Thank You” page you will see an option to create a family or group application. When you select this option, certain information from your application, such as destination, will automatically be imported to and displayed on a new application. Please note that if you use this option you must create an individual application for each family member or for each individual within the group.
If I use the option on the "Thank You" page to create a family or group application, can I modify the data automatically populated by the system?
Yes. If one of the dependents has a different surname or nationality, for example, you can alter that data before submitting the application.
I am applying for a Treaty Trader/Treaty Investor, E Visa. Do I need to fill out the DS-160 and the DS-156E?
It depends. If you are a Treaty Investor (E-2) applicant, you need only complete the DS-160. If you are a Treaty Trader (E-1) or an Executive/Manager/Essential Employee (E-1 or E-2), you must complete the DS-160, and you or your employer must complete the paper DS-156E form.
Are there any visa categories for which I should not fill out the DS-160?
Yes. If you are applying for a visa in any of the categories below, you should complete the DS-156, not the DS-160. You must also complete the DS-156K if you are applying for a K-1 visa. If required, you should also complete the DS-157 and DS-158.