General Nonimmigrant Visa

Recording of Free Community Conference Call (Every Other Thursday), 9 March 2017

Immigration.com

Immigration Law

Substantial transcription for video

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How to find out if my I-140 has been revoked, etc; AC21, changing jobs, when to file Supplement J; 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.

USCIS Will Accept CW-1 Petitions for Fiscal Year 2018 Beginning April 3, 2017

On April 3, 2017, U.S. Citizenship and Immigration Services (USCIS) will begin accepting CW-1 petitions subject to the fiscal year (FY) 2018 cap. Employers in the Commonwealth of the Northern Mariana Islands (CNMI) use the CW-1 program to employ foreign workers who are otherwise ineligible to work under other nonimmigrant worker categories. The cap for CW-1 visas for FY 2018 has not been set, but it is required to be less than the FY 2017 cap, which is currently set at 12,998.

Legal Rights/Benefits of Green Card Compared to H-1B

Question details

After getting GC (emp based):<br>
1. If an employee is working for an end client (employer - vendor - end client): while employed with GC sponsor, can a person be on bench (no pay) for some time? or like H-1B, it's considered as out of status, risk of GC revocation? <br>
2. Would like to travel to visit family abroad- At of POE, any questions by the officer ? Even though still employed, but not on a project at end client?<br>
3. While applying for citizenship later, if W2 < LC salary for any given year, negative impact during interview?<br>

4. Also, as a green card holder, can a person be self-employed(sole owner of LLC - and do 1099 contracting for US clients) ?<br>
5. In above scenario, is it legal if you(LLC) did not make any revenue in between contracts?<br>
6. Is it legal for GC holder to be unemployed, or like H-1B, if you are on bench or not getting paid by employer - you are out of status - hence risk of losing GC?<br>

Watch the Video on this FAQ: Legal rights/benefits of Green Card compared to H-1B

Video Transcript:

It is easier to define the rights of a GC holder in comparison to the rights of a U.S. citizen. You can pretty much do everything that the US citizen can do.

FAQ 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.

Entering the USA on B-1/B-2 visa to get married

Question details

My brother in law has got Green Card on November 2013 from Parents based. He will be getting engaged this year April 2017 in the USA with a girl who is Indian Citizen. She has B1/B2 visitor visa. So I have couple questions. If she comes to the USA and gets married here in the USA and my brother in law will fill petitioned for F2A category (on Green Card based) then will she face any issues in future while coming to the USA on B1/B2 visa?

FAQ 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.

Can pending immigration applications be affected by changes in the law?

Question details

If new legislation proposed by Cotton and Purdue passes to remove the IR5 category (parents of USC), what happens to change of status (I-130/I-485) petitions in progress?

FAQ 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.

Recording of Free Community Conference Call (Every Other Thursday), 23 February 2017

Immigration.com

Substantial transcription for video

Discussion Topics, Thursday, 23 February 2017: 
FAQ: The new regulations, withdrawal of I-40, H-1 extensions; Will H-4 EAD Rule be revoked? || Can pending immigration applications be affected by changes in the law?|| Entering the USA on B-1/B-2 visa to get married; Misdemeanor conviction effect under Trump executive order; Legal rights/benefits of Green Card compared to H1B; Using for green card experience gained with end client; Automatic Visa Revalidation (AVR) traveling to Canada.
Other: PERM advertising requirements, salary; Does CSPA protect based upon an old I-140/PERM? || L-1A eligibility if visiting the USA frequently; Reopening abandoned green card case; I-140 revocation for errors; Changing from H-1 to H-4 while transfer is pending; H-4EAD and back to H-1; EB-1A for a computer professional; Consular processing of green card; Effect of affidavit of support; Counting H-1B period while COS is pending; etc.

Should I travel outside the USA/H-1B visa stamping

Question details

I am on H1-B and my H1-B is validating till 2019 and priority date is 2014 and I recently changed my job. I-94 is expired in 2014. Due to new trump gov. Do you think that it will very risky to go to India and do stamping ? do you find people are facing issues in stamping? What should we do if we go for stamping and face the problem? What precautions should we take? Should we go for stamping or not

FAQ 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.

USCIS Publishes Final Rule For Certain Employment-Based Immigrant and Nonimmigrant Visa Programs

USCIS has published a final rule to modernize and improve several aspects of certain employment-based nonimmigrant and immigrant visa programs. USCIS has also amended regulations to better enable U.S. employers to hire and retain certain foreign workers who are beneficiaries of approved employment-based immigrant visa petitions and are waiting to become lawful permanent residents. This rule goes into effect on Jan.

USCIS Reaches CW-1 Cap for Fiscal Year 2017

USCIS has received a sufficient number of petitions to reach the numerical limit (the “cap”) of 12,998 workers who may be issued CNMI-Only Transitional Worker (CW-1) visas or otherwise provided with CW-1 status for fiscal year 2017. Oct. 14, 2016 was the final receipt date for CW-1 worker petitions requesting an employment start date before Oct. 1, 2017.