[Federal Register Volume 80, Number 109 (Monday, June 8, 2015)]
[Rules and Regulations]
[Pages 32267-32294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13919]
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Rules and Regulations
Federal Register
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The Visa Waiver Program (VWP) enables nationals of 36 participating countries to travel to the United States for tourism or business (visitor [B] visa purposes only) for stays of 90 days or less without obtaining a visa. The program was established in 1986 with the objective of eliminating unnecessary barriers to travel, stimulating the tourism industry, and permitting the Department of State to focus consular resources in other areas. VWP eligible travelers may apply for a visa, if they prefer to do so.
He got to know our issue and helped us pro-bono. He is great at his capabilities. He is simply superb. No words to say how dedicated he is towards his clients. He helps to the maximum extent possible. It would make any one feel confident about their cases, if Rajiv sir takes their case. Their clients know what he is. No one disagrees with it I believe. Thanks sir for your help.
I am on my OPT period (June 1st, 2021 - May 31st, 2022) and am working for a company in the USA. I plan to travel to India for my sister's wedding from December 18th, 2021, to December 28th, 2021. The following are my questions for travel in these COVID situations:
1. I wanted to know the details for entering the USA. What documents should I have while entering the USA?
2. Does the USA allow OPT holders to enter?
A1: You will need to contact your DSO for endorsement on your I-20 to travel, evidence that you have been working (like pay stubs), and a letter from your employer confirming that you will be returning to your ongoing employment.
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.
I am a US citizen who Sponsored my fathers green card in 2010. His green card is expiring oct 2020. He had to stay in India since Jan 2019 due to health conditions. With the Covid pandemic situation and his age (81) and health conditions, he is not able to travel back to the united States before the green card expiry. My father does not have any family in India to take care of him and will have to come here so that my brother and I can take care of him. What are our options for avoiding the expiry of the green card? Secondly, is there a 60 day extension on the expiry date due to Covid 19?
You should try to get in touch with the consulate and send them emails, etc., asking them their guidance and that way you have at least some proof that you are trying to get back into the USA on time, but if it goes past one year it can't be helped, you can always start a new green card if you like, not too many options here.
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.
Update 1- Feb 8, 2021
Can students on OPT CPT work remotely during the COVID times. ICE says yes. See from page 12 on of this FAQ released by the govt.
https://www.ice.gov/doclib/coronavirus/covid19faq.pdf
I highly recommend Rajiv's law offices for any immigration issues. Rajiv personally looked into my case and handled it meticuliously. I really admire his attention to detail, in depth research, knowledge and prompt responses provided from time to time. My case was one of the few cases where STEM OPT was denied. From the beginning, both Rajiv Sir and Kalpana were very confident that my motion/appeal would be approved. They not only helped me with the case, but also with my appeal to expedite the case. I contacted his office numerous times over a period of 4 months and each time they patiently and promptly responded back. They are very well organized and must say best at thier work. My motion was finally approved and credit goes to Rajiv and Kalpana. I am glad I chose Law offices of Rajiv Khanna.
Under new deportation and denial policy 2018, I have following questions if I want to renew green card after 10 years. Can green card renewal I 90 be denied because of some common errors like forgot to submit copy of old green card, or any court document ( removal proceedings canceled without prejudice). Will I get deported if GC is denied due to minor administrative error?
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.
Mr. Rajiv is very helpful to Indian community through community call as well as to students.. he has profound knowledge in all category of immigration from employment to family. Very satisfied with consultation. Thank you very much.
We would like to thank Mr. Khanna and his team for excellent services. I am working with him on family related visa process and he provided excellent services. Looking forward to work with him and his team.
Discussing allegations of fraud and consequences when a short term visa holder tries to convert to green card or another long term visa from within the US.
Our client, a former Tri-Valley University of California (TVU) student who was left out of status due to unexpected closure of TVU, applied for reinstatement to student status. He retained us to respond to the Request for Evidence (RFE) he received on his reinstatement application. There were several serious issues raised by USCIS in the RFE. One of them was that the USCIS alleged that the online classes our client took at TVUdisqualified him from full-time F-1 student status. We prepared a comprehensive response and documented our client’s entire case
Rajiv, Sirisha, and Anna,
I am extremely happy to inform you that my father's visitor visa has been approved. I just heard from my parents and wanted to share my joy with you. Thanks to all your efforts and the valuable advice of the law
offices, I and my wife are now in a position to enjoy some much-needed family time. The whole process took my parents 9 months and 4 visits to the consulate and finally it is over. It is not known if the approval
is for 6 months or 10 years at this time.
Sirisha, I am greatly thankful to you for working with me closely and professionally looking at every minute detail of this case. You're simply
awesome.
Appreciate all the efforts of the Law Offices of Rajiv Khanna.
I am in the initial OPT which expires on November 30th, 2021. My STEM Extension has been denied based on approved H1-b which is pending withdrawal at the Texas Service Center for the last 6 months. My current employer’s attorney raised the Ombudsman request a week ago and I’ve taken Ohio senator's help to submit inquiry two weeks ago but no response so far from the USCIS and also from online forums it seems it’ll take 30 days to get a response at least but I’m running out of my time. My employer is reapplying for my STEM OPT in two weeks again. Do I need to take any other steps to get this issue resolved?
Firstly, talk with your DSO. Second thing is to talk to your congressman's office. Even though they are effective in my opinion they can take time. These are the only two steps that I can recommend in addition to what you have done.
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.
For latest updates, watch this video with Rajiv from Dec 28, 2021.
I am on an F-1 visa. I just need to know what are the consequences of working without authorization. I have a situation due to a hardship problem during the Covid times, I worked for one and a half months (approximately I don't remember exactly). I had a loan that paid my tuition but during the Covid times the bank from my hometown denied the transfer of funds. So, for that particular period I worked because I did not have a choice. All of my family members were fighting the worst covid situation at that time. There are five people in my family; four were in the hospital for weeks. I was not aware that working without authorization is a serious violation of my status.
In the future when I apply for H-1B or apply for OPT, what kind of consequences do I face? What are my options to get out of this situation? Can we get one pardon from the USCIS for this mistake?
The DSO could assist you in this matter and figure something out. But be prepared to leave the United States and secure a job if possible. Keep applying for an H-1B and if you ever get through the lottery and you get an H-1B approval make sure that you reveal in your visa papers that there was a violation. Be truthful about it. Remember this is not a ground for denying your H-1B. Therefore H-1B is definitely a possibility, but getting back the student status may be difficult.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
1. Can I have multiple employers i.e. jobs in the first year of OPT and also after getting STEM OPT extension?
2. Can all my employers start my green process simultaneously?
3. If H-1B COS is approved through one employer i.e. switched from OPT to H-1B, can I still continue other jobs and GC process with them? If not, is there a way to continue all jobs?
4. Does it make a green card case stronger if the sponsoring employer is a big renowned company like Microsoft or Amazon? Also, what about if the company is small?
5. Does OPT, STEM, and H-1B allow you to do a job that allows remote work from within the U.S. regardless of the pandemic? Is such a job eligible for H-1B and green card sponsorship?
1. Yes. STEM OPT people can also have more than one concurrent job, but they have to work with their DSO's to make sure the paperwork is filed properly.
2. Yes, as long as there is a good faith intention to join any one of these employers who can get your green card.
3. Yes, you can. You can have multiple H-1B approvals living together in the same space.
4. It does not impact the speed of the green card. What is most important is the company's financial solvency.
5. Remote work is possible for both OPT STEM, H-1B and Green Card jobs.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Q1. If I change my employer while my H-1B COS is filed but not yet approved, then can I keep using my OPT and STEM with my new employer, or I will lose both OPT & H-1B, and will be out of status?
Q2. If my H-1B COS is denied, then can I keep using my OPT and STEM, or I will lose both OPT & H-1B, and will be out of status?
Q3. How often does it happen that H-1B COS, transfer, and renewal get denied? And what could be possible reasons for denial?
1. You can double check with your DSO about the technical issues involved.
2. You have to go back to your DSO and tell them you would like to continue on OPT STEM.
3. All the time.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
My daughter was born in Canada and is on my H-1 visa as an H-4 dependent. She is currently studying 2nd year of her Bachelor's degree and will turn 21 in July/2024. I have a couple of questions, and they are
1. By what date/age she needs to change her status from H-4 to F-1?
2. Once on F-1 status, are there a minimum number of months/semesters/years she has to complete before being eligible for a CPT or OPT?
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I had an accident and am on disability while my green card adjustment of status application ( form I-485 ) has been pending for over 4 years. My I-140 had been approved about 5 years back but my case has been caught up in the visa backlogs at USCIS and Department of State. I wanted to know if there was any provision for help in the immigration laws, in case I am sent for long term disability or my employment is terminated before I receive my green card. I learnt that employment and disability are subjects to be discussed with a benefits or employment attorney. The only immigration benefits are via AC 21 or via a private bill. Also, that one should not loose the advance parole anytime while the AOS is pending. I want to thank Mr. Rajiv Khanna for his generosity with time and expert guidance. Over the phone I found him to have a very pleasant personality. he had me feel comfortable and didnt seem money minded at all.