FAQs: - Effect of I-140 revocation on priority date - H-1B extensions through any employer - Is there any law to provide legal stay to the parent of US citizen child with disability? - Status of off-site placed STEM OPT extension students - how does one change status while within the United States?
This entry is now old law. The new law is at http://www.immigration.com/blogs/i-140-ead-regulations-effective-17-jan…
Note: Updated all of the regulations comments on 31 December 2015. I will keep adding, as needed.
Discussion Topics, Thursday, 11 February 2016:
FAQ: Traveling on EAD, Advance Parole, H-4; Does changing jobs require restarting green card; Returning to H-1 after I-485 EAD; Birth certificates and affidavits of birth, non-availability certificate, secondary evidence; E-3 visa change of employers and filing green card; Options after 6 years of H-1 are completed; Extending B-2 visa and status for dependent parent; Effect of change in project on EB-1C (International Managers/Executives) green card.
Other: H-4 for autistic son over 21; H-1 amendment location has changed; Using B-1 B-2 visa after Advance Parole expire, I-485 is abandoned; H-1 reuse and quota; I-140 priority date transfer and returning to old employer; H-1 quota if no visa was stamped; I-485 RFE; Correcting errors on Form I-130; Starting green card with new employer, porting (transfer of) priority date; AC21 changing jobs while RFE is pending; Denial of Form I-751, conditional permanent residence (green card); Resetting the clock on H-1B and L-1B; H-4 EAD issues; Applying for change of status from H-3 to F-1.
Discussion Topics, Sept 21, 2017
EB2 to EB1 conversion - F-1 to H-1B - L-1 to H-1B - Travel on H-1B - H-4 EAD - Fiancee Visa
We assisted our client in filing an I-129F petition to bring his fiancee to the U.S. in anticipation of their upcoming marriage in the U.S. On Form I-129F the petitioner answered “yes” to the question: “Have you ever been arrested, cited, charged, indicted, convicted, fined, or imprisoned for breaking or violating any law or ordinance in any country, excluding traffic violations (unless a traffic violation was alcohol-or drug-related or involved a fine of $500 or more)?”. We included reference to that issue in the filing.
Question: I have a visitor visa for the USA for multiple visits up to June-2023. Can I apply for an extension of the visa before the expiry date? Also, advise procedure for extensions and where I can get the application form, so I can keep all details ready.
Answer: I am not aware if there is a procedure to apply for a visitor visa extension before expiration. You can send an email to the consulate to confirm. There is, however, a restriction under the consular standard operating procedures on holding concurrently valid visas of the same type.
Discussion Topics, Thursday, October 14, 2021:
FAQ: Reentering the U.S.A. on a Visitor’s/Tourist Visa Soon After Leaving || Can GC-EAD holder start business and what impact on the pending I-485? || FAQ: Can GC-EAD holders start a business and what impact on the pending I-485? || Is there a problem listing one location in a PERM application while living and working remotely in a different location? || EB-2/EB-3 Options in PERM Filing and EB-2 to EB-3 downgrade and upgrade
We successfully responded to an H-1B request for evidence (RFE), questioning the beneficiary’s maintenance of status. The beneficiary’s previous employer (Employer A) had submitted an H-1B extension. While the petition was pending the beneficiary’s nonimmigrant status expired. An RFE was subsequently received by Employer A, and following the filing of a comprehensive RFE response, the petition was denied.
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Discussion Topics, Thursday, 8 September 2016:
FAQ: Am I exempt from H-1 quota if visa was not stamped? Does AC21 permit promotions and higher salary for same or similar job? N-400 naturalization/citizenship delays; Applying for parents green card, I-130, I-485, birth certificate, marriage certificate, etc; Continuing work outside USA despite approval of L-1A;
Other: Quota impact of revocation of H-1; Green card filing and impact of Trivalley university; Travel on H-1 with just a few days left; Change jobs after green card approval; Transferring H-1B quota jobs; Surrendering reentry permit; Filing FOIA request to get H-1 and I-140/PERM papers; Cross chargeability - how to prove country of birth; Applying for H-1B and traveling on visa in an old passport; H-1B extension more than 6 months before expiration; H-1B visa stamping; etc.
Radio Show Discussing Overview of the new I-140 EAD Regulations
Discussing I-140 EAD FAQ in community conference call
Just wanted to let people know that it IS possible to get the I-129f processed in an expedited basis. (Note that this is just the I-129 f part of the whole K1 visa process - but it normally is the longest part)
Discussion Topics, Thursday, 9 March 2017:
FAQ: Revoke H-4 EAD regulation; Joining a company other than green card sponsor; staying abroad after green card - reentry permit; Green card holder staying abroad for more than 6 months; Medical problems/diseases that can cause issues in green card; Impact of the new I-140 regulations; Physician FMG applying for Cap H-1 through a cap exempt employer; Compelling circumstances EAD.
How to find out if my I-140 has been revoked, etc; AC21, changing jobs, when to file Supplement J;
Other: Correcting errors on I-140 approval; Revocation of I-140 and approval of H-1 extension; H-1 converting to B-1/B-2; Green card staying outside the USA for more than 6 months; Changing jobs after I-140 approval - priority date; H-1 extension when I-140 is denied, H-4 EAD, etc; Filling for N-400; I-130 returned to USCIS by consulate; Compelling circumstances EAD for child being sick; CSPA in family-based applications; etc.
International students can breathe a sigh of relief. The USCIS has lost another case against its attempts to assault legal immigration. A federal court has held that its attempts to create artificial, three year or ten bars from reentry by students into the USA are illegal.
FAQs: Covid-19/Coronavirus applying for B-2 status || Working from Canada on or off H-1b || How can I qualify for EB-1C/International Managers or Executives ||
OTHER: STEM OPT EAD || Travel on I-539 || AC21 portability || Day trading on H1b (I-140 approved) or on H4? || Can I withdraw the COS to H4 once my H1b is approved? || Green Card expiring, filing I-90? || Disorderly conduct arrest record in the I-485 form || Entry restrictions on visitor visa || Reckless ticket and oath ceremony || Immigration processing delays || Pay on H-4 EAD expiry || Travel to India while the i-539 application is pending ||
The K-1 Fiancé (e) Visa allows foreign nationals, potential spouses of United States Citizens to enter the United States for the sole purpose of marriage.
Links to useful resources for Visa processing times and status checks.
U.S. Citizenship and Immigration Services (USCIS) has launched a new, comprehensive effort to review all Agency policies with the engaged participation of both its workforce and the public. To get underway, USCIS is inviting outside stakeholders to identify their highest priorities for the Policy Review through a two-week survey launched today.
Discussion Topics, June 1, 2023