B-1 In Lieu of H-1 Visa
The H-1 quota cuts down 50% or more applications each year.
The H-1 quota cuts down 50% or more applications each year.
I am currently on F1 in OPT status and working for Employer A, my Employer A filed for H1b this year. and I am currently waiting for my H1b approval Approval. Can my Employer start my green card process when I am in F1 status?
Watch Video on this FAQ: Can a green card be started on F-1 status?
Video Transcript
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.
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.
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.
1. My son is currently a student studying engineering at a 4 year public college in Illinois. I am working in the US on H1B, and my son is on H4. The issue is that he turns 21 next year before he would finish his final year in college, and since would age out of the H4 So what are the options he has left to continue his study Can he change to F1?<br>
2. What are the caveats to this? Can he do the adjustment of status in the US, or does he need to travel out of the country? I've heard that F1 visa processing takes a long time to process, and there is no determinate time - he has about 14 months for him to become 21 years as of now. When inquired the college said they are not processing the I-20s for Fall 2021 now, only for Spring 2021, and have asked him to wait, what are the consequences of this ?
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.
U.S. Citizenship and Immigration Services (USCIS) will transition from a paper-based model to a secure, electronic environment. This new user-friendly system is called the USCIS Electronic Immigration System (USCIS ELIS).
USCIS ELIS is an easy-to-use system designed to modernize the application process for immigration benefits. It will also provide more accurate, convenient, and secure customer service and allow USCIS to process cases with greater efficiency and consistency.
Substantial transcription:
7th July 2012 at 05:16 PM
9.59 Minutes
What do we do when our visa gets denied under section 214(b) of the Immigration and Nationality Act? Basically, this means that if the consulate doesn’t believe you are going to come back, they deny the visa, saying that you have an immigrant intent which you have not been able to rebut. So the idea is whenever somebody goes for a visa stamping, they actually are presumed to have immigrant intent unless they prove otherwise. Of all the visas A, B, C, D, E, F, G, H all the way to V, some visas are immune to this problem.
What are the visas that are immune?
H-1 as well as H-4, L-1 as well as L-2, and O-1 and O-1 derivative visas are immune by law almost. H and L are clearly immune by law and O by implication. With these visas, if you have a green card going, the consulate is not going to deny your visa for that reason.
On the other hand, there are notorious visas that are very susceptible to this problem:
B-1, B-2, F-1 as well as F-2 (which are for students), and J-1 as well as J-2 are susceptible. A lot of physicians on J-1’s have had a visa denial on 214(b).
TN visa holders strictly not going for visa stamping but can be stopped at the border if their green card has been filed. So bear in mind that when TN holders apply for a green card, they should be careful about this particular factor.
The biggest problem with 214(b) is it is extremely difficult to fight it. I have recently taken a case in which an F visa was denied on 214(b), and I think we have a fighting chance because the visa applicant has come to the U.S. many times and she has left within her time permitted. So she’s been a frequent traveler on a B visa. Her F visa denial is extremely unjustified, in my opinion.
Let me just very quickly go through the visa alphabets.
A visa (diplomats) will have no problem. They have no issues of a green card being denied.
B visa will have a problem.
C, D, and E visas will usually not have a problem.
The only thing you have to establish for E-3, especially for Australians (E-3 is kind of equivalent of H-1), is that you do have an intention to come back but not to the same degree. In other words, if you have a home in Australia, the degree of proof is not very high so it is very easy to meet that degree of proof.
G visa is ok.
H visa is ok.
By the way, H-2B visas can have a major problem with immigrant intent. These are people who are coming to U.S. for to perform skilled labor.
I, which is international journalists/media representatives, may or may not be ok.
J visa will definitely be a problem.
K -1 and K-3 are no problem because they are fiancés or spouses of U.S. citizens and are obviously meant to go into green card.
L visa is no problem.
M, which is folks who are doing vocational training, can have this problem.
P visa (performers, athletes, etc.) can have a problem but usually won’t.
Q visa (exchange visitors) can have a problem.
R visa usually won’t.
S, T, and U visas won’t usually have a problem because they are done within the USA and are usually either victims of crime or people who are assisting in criminal investigations.
So what do you do if you get a 214(b) denial?
Normally there isn’t much we can do but, if you have been to USA before or else there is something unique in your case, we can ask the consulate to reconsider and if they are not willing and able, then we can ask the visa office in Washington, D.C. to intervene. You can also contact your family or employer in the U.S. to contact the local Congressmen to seek their intervention. This typically is not helpful but you can try. If anybody from the bar or a lawyer tells you he or she can fix it, be mindful because they may not be able to. Especially be careful when you talk with lawyers in your own country. This makes me very nervous because we have had some cases where local lawyers in other countries did some strange stuff. They had some hook ups with consulates and ultimately got caught.
The biggest problem is with fraud or misrepresentation. If you make a misrepresentation in attempting to get any immigration benefit, you can be barred from entering USA forever.
Going back to 214(b) denials, you can ask the consulate to reconsider. Reapply if you have a case that begs for a special consideration, like you’ve been to the U.S. many times. For example, one of my friends asked me that, if his girlfriend is refused a B visa, is it okay to bring the lady in on a K-1 (fiancé visa)? My take is do not use the fiancé visa in lieu of B-1 or B-2 visa, because if you do not have the intention to get married, the government can consider it to be fraud. So make sure you want to get married within 90 days after they enter the U.S.
One more point -- there is a legal fiction created in U.S. immigration law about ties to your home country that says you can overcome 214(b) denial if you have ties to your home country. That in my mind is a legal fiction. To demonstrate ties is very difficult. Of course, if you have family in your home country, that’s a good example of ties but to say you have property, but property can be sold, so I don’t think that’s really ties. Having business is also not really a tie as a business can be sold. Hence demonstrating ties to your home country is usually a difficult thing to do.
This issue has come up several times recently. Feel free to ask me specific questions on the website, in a forum, or on a community conference call.
Immigration.Com has received the following question, which I think is important enough to be answered in a format accessible to all the people abroad interested in starting a business in the USA.
The Question
I am planning to start an IT company in USA which is registered in India. Currently I am planning to travel on B1/B2 visa for my company set up. Can I transfer my visa status from B1/B2 to L1 if required within USA? What are the possible chances of success? Kindly you please suggest me the best way.
There are several issues that should be examined before you can make an informed decision.
1. B visa or ESTA does not allow you to “work:”
1.I am in India and my I-20 has been terminated. What should I do to reenter in the United States?
2.Can I reenter the United States with an I-20 issued by a private university for a full time course and not by public university?
1. You will have to look for another school/visa.
2. As long as the school is authorized to issue I-20, you can apply for an F-1 visa. But make sure the school is not running into problems like Tri-Valley University did.
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 applying for state or federal benefits?
An unstamped Form I-20 should have no negative impact on applications for state or federal benefits, including driver’s licenses and state-issued identification cards. USCIS is actively communicating with Departments of Motor Vehicles (DMVs) to ensure their understanding that a Form I-20 does not require a stamp to be valid.
What is an endorsed Form I-20?
The Form I-20 is endorsed when it is signed by a DSO, which allows the student to travel internationally or apply for employment authorization.
How does USCIS ELIS handle the Forms I-20 and DS-2019?
USCIS will accept a photocopy or scanned electronic version of a valid Form I-20 or DS-2019. If USCIS needs to review the original document, USCIS will ask you to provide the original document. USCIS will adjudicate the request electronically. Although the student will receive the approval notice (Form I-797) through the mail, the scanned copy of the Form I-20 will not be stamped and returned. As of Aug. 10, 2012, U.S.
Rajiv was a pleasure to speak with. His advice was genuine and he was very proactive. It was refreshing to speak with a lawyer who is a true professional and very considerate about his client's situation. Thank you for your help...
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 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.