General Nonimmigrant Visa

Recording for February 02, 2023 Conference Call with Rajiv S. Khanna

1 year ago By Chief Editor

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Discussion Topics, Thursday, February 02, 2023:

FAQ: Criteria for national interest waiver || NIW for physical therapists || Multiple companies applying for H-1B Cap registration - H-1B lottery || Can H-4 visa (no EAD) holders take an unpaid internship? || Can H-4 EAD start a Business in any State? Can a relative's company file H-1B? || H-4 visa dependent children change of status to F-1 before 21 || Filing H-4 and H-1 simultaneously || Status of F-1 once H-4 is approved || Most efficient way to get EAD F-1 or H-4?

L-1 Layoffs

1 year ago By Chief Editor 2 comments

Question details

If someone is on L-1 and got laid off, what are the alternatives?

FAQ Transcript

Pretty much the same as H-1. 60 days grace period and if you still cannot find a job, leave the country or convert to student status if you want to go to school or B-1/B-2 if you want to just wait it out and look for jobs.

F-1 change of status and H-4 expires

1 year ago By Chief Editor

Question details

If I were to file for F-1 but my H-4 was going to expire would I have to file for an H-4 extension?

FAQ Transcript

No. So if within the life of your H-4 you apply for F-1 change of status and if the H-4 expires that's fine. By the way, H-4 allows you to go to school. As soon as you file for the F-1 you should be able to continue going to school. Also check with your DSO.

H-1 visa stamping and Dropbox appointment

1 year ago By Chief Editor

Question details

I have Dropbox appointment in India and going alone. My husband has a valid I-797A but an expired visa. Will that affect my stamping?

FAQ Transcript

I do not know. It depends upon which way they are feeling on the day you go. Earlier there was no problem but now in some cases they have insisted you must have an H-1 visa stamp.

What happens if you overstay your I-94

1 year ago By Chief Editor

Question details

Parents came to the USA on a B-2 Visa in March 2021. I have requested an I-539 extension in August 2021 due to COVID and they stayed till Jan 2022. Eventually the extension got denied. Is this a problem?

FAQ Transcript

The government will say as one has overstayed their I-94, they will now be subject to section 222(g). If you overstay your I-94 the visa stamp on your passport is automatically canceled, so you have to apply for a new visa. For more details on this issue, visit my author page on The Economic Times.

Layoffs - H-1B Visa Update | USA Immigration Question and Answer with Yudi, Jan 20, 2023

1 year ago By Chief Editor

Nonimmigrant Visas

Effect of typos on immigration documents

1 year ago By Chief Editor

Question details

One of my friends has just completed a master's (F1 Visa) in Dec 2022 and has traveled to India (outside the USA). However, he hadn't noticed that the EAD card had incorrect DOB (date of birth). Would he have any issues while entering back to the USA? Will he have issues returning to the USA, how can he ensure that his DOB issue in EAD is sorted out?

FAQ Transcript

You could send in a request to the USCIS for correction of the typographical error by taking a screenshot. Attach it with the rest of the documents and now you have enough proof to show who you are. Also, typographical error depends upon who made the error and in which context it's being raised. Sometimes it is just an easy fix and complicated at times. Let your lawyers help you with that decision in this case. I think if you have a screenshot of a requested correction you should be fine.

Recording for January 19, 2023 Conference Call with Rajiv S. Khanna

1 year ago By Chief Editor

Immigration.com

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Nonimmigrant Visas

Green Card

FAQ: Entering the U.S. on a visitor visa while green card is pending |Qualifying for Visa Waiver Program (VWP) | Spouse visa through H-1, L-1, or O-1 | Any special visas for UK, EU, Singapore, Dubai or Australia || Qualifying for EB-1C green card by working abroad for a year | Expected processing times for EB-1C for an L-1A visa holder from India || Consequences of employer withdrawing I-485 Supplement J || Layoff while on an H-1B visa - what if I cannot find a job in 60 days?

Do I need to have my SSN number before I start working?

1 year ago By Chief Editor

Question details

I have a query about the employment status of the H1B resource coming from India. Once the resource reaches the US, from what day they can start working? I understand that once they reach the U.S. they need to apply for SSN first. So the question is can they start working in full employment capacity even before they get SSN?

Excerpt from the SSA (Social Security Administration) website:

"We don’t require you to have an SSN before you start work. However, the Internal Revenue Service requires employers to use your SSN to report your wages.

While you wait for your SSN, your employer can use a letter from us stating you applied for a number. Your immigration documents can prove your authorization to work in the United States".

Find more information online at www.ssa.gov/employer/hiring.htm

USCIS Announces Final Phase of Premium Processing Expansion for EB-1 and EB-2 Form I-140 Petitions and Future Expansion for F-1 Students Seeking OPT and Certain Student and Exchange Visitors

1 year ago By Chief Editor

Release Date

01/12/2023

U.S. Citizenship and Immigration Services is implementing the final phase of the premium processing expansion for Form I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 classifications.

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