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Answer: After 180 days, you can extend H-1 even if 140 is withdrawn.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.
Discussed: Gap in status (H-4); EB-3 or EB-2 PERM distinction; BALCA appeal times; obtaining copy of I-140 receipt/approval FOIA; options to work after 6 years of H-1; Sponsoring green card while living outside the USA; OPT issues; CR-1 to IR; Obamacare and affidavit of support; cross-chargeability; E-1 visa; H-1B amendment; H-1 quota issues; multiple H-1 approvals; continuous residence for US citizenship/naturalization; I-140 revoked priority date; green card for researchers; etc.
What are the requirements to get a visa and green card as an international entrepreneur? Is the start-up visa effective?
Watch the Video on this FAQ: Current immigration/visa options for entrepreneurs
Video Transcript
A few options for Entrepreneurial Visas:
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.
FAQ's
Impact of unlawful presence || Unlawful presence for minors ||How can I downgrade from EB2 to EB3 and the consequences || Traveling abroad while H4 EAD is pending || Filing change of address || Starting business while on student visa || Being without a job on AC21 || Citizenship for employees of consulting companies who have projects in different cities after green card || The new restriction on 12 months of CPT OPT combined – – consequences of H-1B denial on OPT || Not worked for green card sponsoring company – – fraud implication for naturalization/citizenship ||
Other
Applying for a visa || Details of applying for a spouse based green card || Cancellation of visa at the airport || Applying for H1 visa || Quitting green card job after getting green card || quarter exemption scratch that H-1B quota exemption || CSPA || Applying for H4 visa while H one extension is still pending
My son’s I-94 and visa are expired in June. We have applied for I-539 for extension in October. Will he be granted the extension.
Watch the Video on this FAQ: Unlawful presence for minors
Video Transcript
For a child under the age of 18 until they hit 18 there is no unlawful presence. They are only out of status. More...
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.
Yet again, great advice and counsel from Mr Rajiv Khanna, P.C. He is more than an attorney. He comes across as a deeply concerned and compassionate human beling eager to listen to one's situation/s and (immigration)circumstances. He's provided me plenty of legal ammunition and warewithal to resolve my son's immigration quandary. I am eagerly looking forward to paying him a courtesy call to express my profound thanks and gratitude. I hold him in high esteem for his eminence and knowledge of the US immigration laws and system.
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.
Are all questions on the DS-160 mandatory?
When I apply for a nonimmigrant visa using the online DS-160, are additional forms required?
What happens to my DS-160 if I select a U.S. Embassy or Consulate where I will be applying for my visa, but end up making an interview appointment instead at another U.S. Embassy or Consulate?
I do not have a National Identification Number. How should I answer this question?
If you are a citizen of a country that does not issue national identification numbers, select “Does not apply.”
What do I enter for U.S. Social Security Number and/or U.S. Taxpayer ID Number?
Applicants, who have worked in the United States, as well as others, will have Social Security numbers or taxpayer identification numbers. If you do not have a Social Security number or a taxpayer identification number, select “Does not apply”.
The form asks for my home phone number, but I do not have one.
You should provide at least one contact phone number, so that the U.S. Embassy or Consulate can contact you by phone, if necessary. If you have provided a mobile or cell phone number, you may enter “Does not apply” for home phone number.
The form asks for my Passport Book Number, but I am not sure if I have one.
I am on H1 and my wife (on H4 visa) was out of status for more than 8 months. We received the approval nunc-pro tunc. Just to give little background, we found about this when we were planning to process her F1 visa. We browsed through all known forums and short listed two firms, Murthy's and Rajivji's. After the first consultation with Rajiv, I got some ray of hope and thought of retaining Rajivji's firm at that very moment. I omitted the options of retaining my employer's corporate firm and Murthy's firm. Rajivji was very thorough about our case and even had a discussion with my employer to get all the inputs.
I want to convey my special thanks to Rajiv's attorney Ms Sheena Gill. She was very prompt during the preparation of this case.I really appreciate her enormous follow-ups with USCIS, without which we could not have achieved this success. Thanks to Rajivji and his entire team, they literally gave us a new life. Winning a nunc-pro-tunc case is not a piece of cake, a lot depends on luck and the skill of the law firm. I would highly recommend Rajiv's firm to anybody for complicated case like this.