General Nonimmigrant Visa

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

Community Conference Call

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.

Recording for January 05, 2023 Conference Call with Rajiv S. Khanna

1 year ago By Chief Editor

Nonimmigrant Visas

Green Card

Discussion Topics

FAQ: Effect of typos on immigration documents || Concerns about EB-1C Green Card Portability || Who is required to pay for an EB-1C Green Card? || Can too many parking tickets affect Green Card or Citizenship process? ||

USCIS Form I-129, Petition for a Nonimmigrant Worker Update Notice

1 year ago By Chief Editor

USCIS recently updated the following form:

Form I-129, Petition for a Nonimmigrant Worker

11/02/2022 12:05 PM EDT

Gap in status, for instance, H-1B and H-4 status issues

1 year ago By Chief Editor

Question details

I was on F1, and my spouse was on F2. My H1B was approved in 2020 for client A, but COS from F1 to H1B was denied, so I just continued my F1 status. Later, I moved to client B, and my employer filed an H1B Amendment and got the complete approval with I-94, effective 29th April 2022. After approval, we filed I539 for my spouse's COS from F2 to H4 (still pending) with a receipt date of 17th May 2022.

Question: Since there is a gap between my H1B start date (04/29) and my H4 receipt date (05/17), may the USCIS deny our case? If so, what are our best options to proceed further?

FAQ Transcript

Technically Yes, this can be an issue.

H-1B was approved with a new I-94 but the date of onboarding was extended by the employer

1 year ago By Chief Editor

Question details

I was on H-4, and it was valid till Jan 2023. I got my h1b approved via the Change of Status application and it came along with a new I-94 date. My employer is saying that they need some time to onboard me. They are working on finding a suitable project for me and it is going to take some time. Is it ok to defer the joining date and should my employer or I file any application to let USCIS know that I am not starting the job right away?

FAQ Transcript

That is not your problem, they should be really paying you. It is illegal. They cannot keep the employee out of a payroll. Employers cannot stop paying you merely because they don't have a project.

Laid off on H-1B or L-1A; 60 days grace period, maintaining status, switching to and back from I-485 EAD; Priority date becomes current but there is no job in hand

1 year ago By Chief Editor

Question details

Given the current situation with tech layoffs, I wanted to understand the options available for people in my situation.

I’m currently working in the US on H-1B and my GC application (I-485) with PD July 2014 and 485 is in “Case remains pending”.

I have 485 EAD approved till 2024 and Advanced Parole is still pending.

Since we only have 60 days on H-1B to find a new job. How easy is it to switch to EAD? Is there a procedure to follow to switch to EAD?
Once someone switches to EAD. Can they again switch back to working on H1 after finding a job?
Now if someone switches to EAD and their date becomes current before they can find a job. What are their options?

Now if someone switches to EAD and their date becomes current before they can find a job. What are their options?

Also, do we have any info on what the status “Case Remains Pending” means?

FAQ Transcript

1. Switching to EAD is very easy. There is no formal process for it. All you have to do is when you want to convert from H-1B or if you have been laid off present your EAD as documentation of your authorization to work.

2. Travel back into the United States with an H-1B visa and that of course comes after you get an approval from the USCIS.

3. In a case like this you should get your approval. Make sure you get the next job in the same or similar field. Keep some documentation that shows they are in the same or similar field.

Options for Nonimmigrant Workers Following Termination of Employment

1 year ago By Chief Editor

Release Date

12/19/2022

U.S. Citizenship and Immigration Services (USCIS) is providing information for nonimmigrant workers whose employment has terminated, either voluntarily or involuntarily. These workers may have several options for remaining in the United States in a period of authorized stay based on existing rules and regulations.

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