US Immigration Questions

  1. Thursday,...
    Question: I had to travel to INDIA because of my Father's serious health condition on FMLA. Currently my H1-B amendment is in process, so I am looking for my options to travel back to US. Below are complete details.<br> I have moved to my current employer in April 2019 and I have approved H1-B for 3years.<br> Now because I am changing client and location, they have filed amendment and it is currently under process.<br> I don't have STAMPING with my current employer but I have STAMPING with my previous employer until end of 2019.<br> During Job change from my previous employer I have applied for H4 and also change of employer. Both got approved and I revoked my H4 application.
    Answer:

    Watch the Video on this FAQ:

    Travel during H-1B amendment and using

    old employer's visa stamp

    Video Transcript:

    You can travel out while your H-1B amendment is pending and you should be able to use the visa of the old employer. FAQ in detail....

     

     

    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.

     

  2. Tuesday, 24...
    Question: My wife currently working on H4 EAD which is valid till October 2020. Her company filed for H1B this year and she got approval for 3 years starting 10/01/2019. However, She would like to stay on H4 EAD. Does law permits her to work on H4EAD even after her H1B approved? or naturally her work visa status will convert to H1B effecting 10/01/2019?
    Answer:

    Watch the Video on this FAQ: Effect of H-1B approval on H-4 EAD

    Video Transcript:

    The practical solution would be to have your lawyers contact USCIS and explain to them the problem, and if you are willing to take a risk go ahead and have the H-1 revoked. Also make sure that it gets done over the phone as well as in writing. So if a change of status does not take effect I think you would continue to be in the old status which is H-4 EAD. So act quickly before October 1st to revoke or withdraw your wife's H -1. FAQ in detail...

     
    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.
  3. Monday, 16...
    Question: Couple of months back I received Employment Based Green Card (H1b to GC) and my dependents received Green Card too (H4 to GC). I had the intention to work for the Employer who sponsored me for the Green Card forever during applying for the Green Card and during the Green Card Interview too. However after working for couple of months for the employer now I am feeling that I should be changing the Employer to a different one near to my home due to the following compelling reasons: I am a Heart Patient and facing Health Issues due to the Travel (4 hours flight travel) that I am making every week to work in the Employer's Client Location for work.<br> And if I continue to perform my job this way I will affect my health. All the efforts I made to request a work near home did not materialize.<br> I am planning to search for a new job near my home and if I get it I am planning to put in a Resignation to the present Employer stating the facts about my Health Problems and join the new one.<br> My Question:<br> 1. Will I face any issues now or in near future during I submit my Citizenship Application due to my employer change just after 2 months of getting the Green Card? If so what are the steps I should take to avoid it? <br> 2. I am planning to save my Payslips / W2 of the Present Green Card Employer and my Heart Health records. Is there a Minimum duration that USCIS expects a Green Card Holder to work for the Green Card Employer?
    Answer:

    Watch the Video on this FAQ:

    Changing Employer after receiving Employment Based Green Card


    Video Transcript:

    1. No. 

    2. Duration is not reliable. FAQ in detail...

    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.

  4. Wednesday,...
    Question: What are the grounds for qualifying for asylum in the United States?
    Answer:

    Qualified asylum-seekers are those who are fleeing persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.

    For more information please visit this link: https://www.uscis.gov/humanitarian/refugees-asylum/asylum/obtaining-asylum-united-states

  5. Wednesday,...
    Question: My Employer has filed my GC in 2014 and I got my I140 but if I want to change a different role within my organization (Changing Cost center), will that impact my current GC processing. Should they start the GC processing from the begining ?
    Answer:

    Watch the Video on this FAQ:

    Impact on green card of job promotions


    Video Transcript

    Overall, the safest thing is if your priority date is backed up go ahead and start a new green card. FAQ in detail...

     


    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.

  6. Wednesday,...
    Question: I have been working on H1B for a IT consulting company ( employer A), at a client location. My employer will file for I 485 in about 2 months. I am thinking of a few alternatives and wanted to understand the scenarios in which my GC petition might get cancelled or denied by the USCIS or considered abandoned by me. What precautions I need to take if I follow any of the below scenarios.<br> 1.Take a job with a different employer ( may or may not be same/similar to the job with employer “A” )<br> 2. Leave and join a graduate program full time ( may be after I get EAD, so that I do not have to change to F1 student visa)<br> 3. Leave the employer A and leave the USA, go to home country, India. I may or may not take a job in India which may or may not be same/similar to the job with employer “A”
    Answer:

    Watch the Video on this FAQ: Options for career or school,

    while employment-based green card is pending


    Video Transcript

    1. The moment your I-140 is approved the priority date becomes yours. But you will have to start the green card process all over again.

    2. I would be hesitant to say that it is a safe option.

    3. If you go to India the only thing you will keep is your priority date and the priority date will remain your's forever. The only time you lose your priority date under the current regulations is if your I-140 is revoked for fraud or misrepresentation. FAQ in detail...

     

     

    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.

  7. Wednesday,...
    Question: I am on H4 EAD working in a full time job .Now as their are news coming to revoke H4 EAD, if the H4 EAD rule revokes, what might be the other options for me to continue my job? If I join masters, will I get the CPT if I change to F1 visa in the final semester. Is it valid like that?
    Answer:

    Watch the Video on this FAQ:

    What to expect from H-4 EAD revocation

    Video Transcript

    You can join Masters and you can get CPT but the government is now saying that CPT OPT combined can be only one year. So there is not a whole lot of options. Once we know the final regulations, we will be able to guide you better, but right now this is all we know. FAQ in detail...

     

     

    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.

  8. Wednesday,...
    Question: I am working on H-1B for Employer A. I want to switch jobs and need a study time for about 3-5 weeks full time. I was thinking if I could go an unpaid leave from my current job for 5 weeks, and use this time for my preparation? It gets tricky as I cannot tell my current employer the actual reason for my intended leave. How will my H-1B status get affected due to this? Can I be in the US during this time? If yes, under what conditions?
    Answer:

    Watch the Video on this FAQ: H-1B unpaid leave or time off

    Video Transcprit

    If it can be avoided you should not leave the United States. It is legal for an employee to take unpaid time off. It is normal for an employee to take personal time off, but the employer for their own protection should be documenting this. I do not believe that you should give a specific reason. FAQ in detail...

     

    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.

  9. Tuesday, 30...
    Question: What is the likelihood that because of working in a dis-similar job, for a different employer, on EAD , my I-485 ( and the GC ) could be denied?
    Answer:

    Watch the Video on this FAQ: Working for two employers on EAD

    Video Transcript

    I don't see any problem with it. FAQ in detail...

     

     

    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.

  10. Tuesday, 30...
    Question: Wife's H4 change of status application (I-539) and EAD (I-765) filed concurrently and in process. Can she travel outside country, get H4 visa stamping done and reapply separate EAD (I-765) again?
    Answer:

    Watch the Video on this FAQ:

    Traveling while H-4 and EAD is pending

     

    Video Transcript

    If you have H-4 change of status and EAD both pending and you travel, come back and reapply for the EAD. You cannot use the old request. But if you are already on H-4 and EAD is pending you can travel and come back. FAQ in detail...

     

     

    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.

  11. Tuesday, 30...
    Question: My father recently renewed his B2 Tourist Visa - and was given the 10-YR Multiple entry visa. He is currently visiting USA and his current I 94 expires in end of May 2019. Due to some medical issues - we were contemplating about requesting a 2 to 3 months extension for his stay - if possible. Would you necessarily have to provide an evidence in the form of a return ticket (about 3 months hence from end of May 2019) - to prove that he indeed intends to go back
    Answer:

    Watch the Video on this FAQ:

    Issues related to tourist visa/business visa (B-1-B-2) extensions


    Video Transcript

    As far as I know they often do require a return ticket. FAQ in detail...

     

     

    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.


  12. Wednesday,...
    Question: I am in F1 OPT and did not got selected in any of the H1B lottery(in all 3 chances). Current OPT ends on 25 Jan 2020. My company is asking if they can apply for Green card for me. I am working as a lead engineer and responsible for P&L of my department. Will you suggest me to go ahead with GC process without H1B?.
    Answer:

    Watch the Video on this FAQ:

    Applying for green card while on student (F-1) visa

    Video Transcript

    If you are India born then applying for a green card while as a student does not help you much because it's not going to get you a work authorisation nor is it going to get you a green card for another decade. So in theory this is available, but if you are India born maybe not such a good idea. 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.

  13. Wednesday,...
    Question: My wife and I are currently on EAD's since Feb 2012 when the dates became current for our priority date and we were able to apply for the I-485. She is the primary applicant and I am the dependent on her application. Since 2012 the EAD/AP card is being renewed every 2 years. With the EB3 category now going ahead of EB2 does it make sense for her to downgrade to EB3 - Apply for I-140 under EB3. I believe it takes 6 months for approval so we would essentially be doing this preemptively in anticipation of our date becoming current under EB3 in 6+ months.
    Answer:

    Watch the Video on this FAQ: Downgrading from EB-2 to EB-3

    Video Transcript

    I see no problem applying for EB-3 and then using whichever one is faster when the time comes. 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.

  14. Tuesday, 2...
    Question: I'm an Indian, living in Canada on PR. I recently applied for a visit visa to the US, and got denied. The main questions I got were regarding University of Farmington. It was a fake university setup by ICE, and then they did a swoop and arrested and deported a lot of the students. I was enrolled into Farmington from Feb 2017 - Feb 2018. <br> I was asked if:<br> 1) How I didn't think it was weird that there were no classes?<br> My response - Well yes, that's why I left after a year<br> 2) So what did you do for a year?<br> My response - waited on more information from the university regarding class timings, and just kinda hung around<br> 3) I was pressed on what I did when I was hanging around, how I paid for things<br> My response - I worked during that time<br> <br> The officer typed up something into the screen for sometime (I'm assuming it's whatever was discussed above) and gave me a denial. <br> I did not want to start a debate about immigration laws or how this was Entrapment, or the "bait car" tactic. I thanked him, took my passport and the pink rejection letter and left.<br> What are my options ahead? Should I:<br> 1) Re-apply and give it another shot?<br> 2) Wait to become a Canadian citizen, then apply?<br> 3) Enroll into an organization that has conferences and such in the US, and based on an upcoming conference (eg: Chicago, or NY), then apply for that conference only?<br> 4) Hire a lawyer to fight this in court as being unfair.
    Answer:

    Watch the Video on this FAQ: What to about past immigration

    problems causing a current visa denial?

    Video Transcript

    I think you should hire a lawyer. Your lawyer should first reach out to the consulate wherever the visa was denied and ask them the reason for denial. At the same time they should apply for Freedom of Information Act (FOIA) request. Get a copy of all the documents that the government has on you. It is a long, tedious process and it could take months or even years to get it straightened out.

    If possible you should also look at 212(d)(3) waiver. These are available for non-immigrant visas such as a tourist visa even though you have a bar from entering the United States. 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.

  15. Tuesday, 2...
    Question: At present I am working in OPT ( expires in June 2020). I have an unused stamped H1B visa which I got in August’ 2013 and my visa stamped in my passport on August,2014. However I never traveled/ worked with this H1B visa and expired in October’2016 without using or entry. I came to USA in January’2016 in F1 Visa. My question is can I use this unused stamped visa for cap exempt as transfer of employer from F1 visa to H1B visa now? or do I need to apply in Master’s cap next year.
    Answer:

    Watch the Video on this FAQ: When does one become

    H-1B cap exempt - change of status/visa stamp?


    Video Transcript

    In your case if we counted from six years from August 2013 when your H-1B was approved, you are then okay or cap exempt till August 2019. But again, the policy has been that they count the six years from the date your H-1B expired which is 2014 not 2013. Policies can change overnight so I think you can apply for an H-1B exemption as an H-1B exempt worker. 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.

  16. Monday, 24...
    Question: Situation: Resigned company A already and Got offer from employer B and applied H1B transfer(premium processing) but received RFE. But I have another offer from Employer C as well who is yet to file my h1b transfer Question:<br> 1. If RFE is denied for employer B Can i join employer C with the receipt notice as Employer C has started H1B transfer by that time ?<br> 2. How long one can stay in US without job/payroll having H1B ?
    Answer:

    FAQ: H-1B joining another employer while a transfer,

    extension or amendment is pending

    Video Transcript

    1. The answer is yes. 

    2. It depends. Normally 60 days grace period is available for unexpected cessation of employment. As long as your I-94 is valid. But let's say your I-94 is valid for only 45 days you will not get a 60 day grace period. You will get a 45 day grace period. 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.

  17. Monday, 24...
    Question: I am already on a cap-exempt H1b working for a non-profit full time. Another employer filed my H1b petition on the cap-subject quota on april 2018 and got an RFE april 2019 and was denied with a reason for maintaining of status. They asked my paystubs from my current employer. My questions are:<br> 1. will there be any impact to my current H-1B?<br> 2. If they only ask for paystubs, can I submit them and initiate motion to reopen the case? what are the possibilities of success.
    Answer:

    Watch the Video on this FAQ:

    Impact on current H-1B if another H-1B is denied

    Video Transcript

    1. No, not if you are maintaining status. 

    2. If the case was denied just for maintenance of status and you have the pay stubs that are required then there is a very high likelihood the case will be reopened. If the petition is denied, then you are still subject to the H-1B quota. 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.

  18. Tuesday, 28...
    Question: 1. I got my H1b approved for a period of one year only and expires on Oct 27th, 2019. I work through a consultancy. Any precautions I can take in the future which can help me getting the H1b approved for 3 years in the upcoming H1B extension after Oct 27th, 2019. <br> 2. Any particular documents needed for getting the H1b approved for 3 years?<br> 3. If I go for stamping, do I need to be careful with social media at the port of entry? Any tips or recommendations you can give with reference to social media during port of entry? <br> 4. My EB2 priority date is Feb 4th, 2015 and I'm planning to marry a girl who is a Nepal citizen and she's on OPT right now. Can I move my priority date to EB2 Nepal category after marriage? If yes, what would be my next steps - how soon can I file for I-485 interview?
    Answer:

    Watch the Video on this FAQ:

    How to get H-1B approved for three years, not shorter duration

    Video Transcript

    1. Typically the only way you can get three year extension is if you can prove that the project will go on for three years. 

    2. Typically a client letter.

    3. Make sure your social media is not in any way in contravention or opposition to what you have been saying to the government.

    4. Once you get married you are entitled to cross chargeability and you can be charged under Nepals category which is available right now. As soon as you get married you should have your lawyers write to the government and ask for cross chargeability. Probably within a few months you could be scheduled for an interview, which again depends upon how busy the local office is. 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.

  19. Wednesday,...
    Question: 1. I am currently in H1-B more than 10 years in the USA and I have approved I-140 priority date Mar 2011 - EB2. My current employment is getting over in 3 weeks. And my current H1-B and I-94 expires in mid-August 2019. My question is if I am not able to find another job within my H1-B and I-94 expires on Mid August 2019. What are the options available for me to legally stay in the USA after my H1-B and I-94 expires? I have own house. Is there an exceptional case we can file GC EAD? <br> 2. Without a job how many days i can stay in USA before my I-94 expires using I-140?
    Answer:

    Watch the Video on this FAQ:

    Options to stay in the USA after expiration of H-1B

    Video Transcript

    1. I don't think you would get the tourist visa or tourist status but you can apply for it.

    2. 60 days is the total time.

     

     

    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.

  20. Thursday,...
    Question: My employer has filed my h1 and asked for a change of status with H1 filing and got an RFE(As i am filing from CPT-F1 to H1) relating to --Maintenance of Status<br> --CPT Related<br> --Multiple years of CPT at the same Education level<br> The lawyer is asking me to change from Change of status to Consular Processing and go to India and stamped and come back.
    Answer:

    Watch the Video on this FAQ: Multiple years of CPT

    Video Transcript

    All in all I think changing to a consular processing is one of the ways you can go. It also depends upon how aggressive you want to be. But if you want to be more conservative, go ahead and change to consular processing. 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.

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