General Nonimmigrant Visa

Oct 28, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

Discussion Topics, Thursday, October 28, 2021:

FAQ: Change of jobs with an approved I-140 from employer A and Reapplying PERM through B || Impact of reportees outside the U.S. or in third countries on L-1A and EB-1 petitions || Are L-1B visa holders eligible to work remotely? || Approved EB-2/EB-3: Interfiling/upgrading to EB-2 with employers A and B || Working outside the U.S. for four months with a recently issued green card || Documents needed by and anticipated questions for green card holders at the port of entry

Reentering the U.S. on Visitor Visa

Question details

My parents have been here on visitor's visas since the beginning of August. If they are here for the entire six months, can they come back again within six months of leaving the U.S.?

Video URL
FAQ Transcript

The CBP (Customs and Border Protection) may find this pattern an unacceptable use of the visitor's visa. Generalizing for the sake of making a point, if in any twelve months your parents have spent more than six months in the United States, the CBP can hold that it appears your parents are living in the United States and visiting their home country instead of the other way around. More...

 

 

Note: Where transcribed from audio/video, 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 Issues Updated and Comprehensive Guidance on T Visa Adjudications

Release Date 

U.S. Citizenship and Immigration Services is issuing updated and comprehensive guidance in the USCIS Policy Manual on adjudicating applications for T nonimmigrant status (or T visas) submitted by victims of human trafficking, including clarifying how applicants establish eligibility.

Oct 14, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

Immigration.com

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

Day 1 CPT F1 - Renewal

Question details

My wife is on Day-1 CPT and went for F1 renewal , without asking much question she got 214B denial. So there is an option to re-apply, do you think we should apply again and produce document which shows she got tie ups in home country ?

You can try. 214(b) denials are difficult to overcome and highly unpredictable.

FAQ Transcript

Note: Where transcribed from audio/video, 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.

F-1 OPT travel

Question details

I am currently working on a F-1 visa and started my OPT in June. My employer would be applying for my H1B in 2022. Is it ok for me to travel to India right now? Will I face any problems while returning back? Also, for traveling to India what legal docs or formalities are needed?

FAQ Transcript

Note: Where transcribed from audio/video, 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.

Nuances of changing employers during the green card process

Question details

My question is related to green card filing. My green card was filed with Employer A. I have an approved I-140. I moved to Employer B, working on an H-1B valid until April 2023. They have not filed the labor for me yet. My priority date is February 2012. As per the latest visa bulletin I can file for EAD but the final date is September 2011. Currently I am not in the U.S. so I can't file for EAD. I hope to be in the U.S. in the next 4-5 months. Do I need to join Employer A for processing my green card? What would be the best option for me to get the green card without wasting time when I reach the U.S?

Video URL
FAQ Transcript

First of all you have to be in the United States to apply for your Adjustment of Status. Secondly in your case, because no new green card was started, your old employer must offer you the same job which you have to go and join eventually in good faith.
You can actually have I-485 filed through a job offer from employer A, the same job which was the basis of your green card. If you don't have that, you cannot file I-485. You can only file for I-485 /Adjustment of Status when your priority date is current and the job that is the basis of the green card is available to you right then. After 180 days of the I-485 pendency, you may never have to join the old employer because you can take a same or similar job anywhere. Just make sure that you have the good faith, honest intention of joining the old employer when you file the I-485. More...

 

 

Note: Where transcribed from audio/video, 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.