US Immigration Questions

  1. Tuesday, 17...
    Question:
    Answer:

    Watch the Video on this FAQ: How many days can I stay in the USA after H-1B denial a detailed discussion?

    Video Transcript

    The new regulations that became effective on Jan 17, 2017 now clearly says that if you were working for Employer A and Employer B filed your H-1B transfer and you joined Employer B using the receipt they got an RFE further along the line, the H-1B transfer got denied, government says you can go back and join Employer A as long as you never work without authorization and as long as the employer A has not revoked your H-1B and lastly the job that they had gotten approved for you is still in existence. 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.

  2. Thursday,...
    Question:
    Answer:

    Watch the Video on this FAQ: Changing jobs while H-1B RFE is pending

    Video Transcript

    A possible situation is that your original approved H-1B still has time left on it. So let's say you got the H-1B approval till December of this year and you have an RFE pending so technically you still have the old petition alive and well almost. If you file for a transfer, chances are as long as your pending filing was not inappropriate government will accommodate and will allow you to go on to employer B, C, D or E as you please even with the pending case. 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.

  3. Thursday, 5...
    Question:
    Answer:

    Watch the Video on this FAQ: How to add forgotten information on to a naturalization application/N-400?

    Video Transcript

    The first thing you should do is contact the customer service. Let them know you got this issue and make a note of the date and time you called and to whom you spoke so that you have a record that you tried to correct the situation as soon you discovered the omission. The second thing you do is put it in writing, send it to the government, whichever address you filed the N-400 or whichever address you received the last response from the government and inform them what the issue is and the third thing you do is when you go for the interview bring it up yourself, let the officer know that there is some information missing and you would like that to be corrected. If you do all of these things I think you should be fine. 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.

  4. Wednesday,...
    Question:
    Answer:

    Watch the Video on this FAQ: Can an employee withdraw an H-1B petition?

    Video Transcript

    You should send a letter to the government in writing, certainly, even get it maybe notarized to assure the government that these are your signatures and say that you no longer wish to apply for a change of status and you are not going to take up that job. So you hereby withdraw from the change of status request under the H-1B. After you send a notarized letter give them a call as well and just tell them you have written and this is what you want to be noted and that you are not going to go through the change of status. There is no actual procedure for it, but this can be as secure as you can be to ensure that the government will not give you a change of status even though you don't want one. 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.

  5. Wednesday,...
    Question:
    Answer:

    Watch the Video on this FAQ: Can a green card be filed for me if I am on H4 or L2 or F1 – – any status other than H-1B or L-1A?

    Video Transcript

    Yes. A green card can be filed while you are on any status. But while filing a green card for visas like F-1, F-2, J-1, J-2 can be complicated in some ways. Consult your lawyers.  Make sure you got every part covered. If you are born in countries like India or China or any other countries that are very backed up you will have to be very careful and make proper plans before you file for a green card directly from any of the other statuses but there is no law that says you cannot do that. 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.

  6. Wednesday,...
    Question:
    Answer:

    Watch the Video on this FAQ: Changing jobs after I-140 approval

    Video Transcript

    When your I-140 is approved your priority date is yours to keep even if you leave that employer the very next day and go and join a totally different job. It does not matter if the job gives you a higher salary or a lower salary or has a completely different job profile because all you are carrying forward is your priority date. So when you want to carry forward your priority date what you do is you take your I-140 with you. In addition to that once the I-140 is approved and stays approved for 180 days not only you carry on your priority date, you also carry the right to extend your H-1 through any employer and there is no limitation on that. 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.

  7. Thursday,...
    Question:
    Answer:

    Watch the Video for this FAQ: Can EB-2 approved file for EB-3?

    Video Transcript:

    The way I think it will work is if you have both EB-3 and EB-2 approvals already good for you. You can use either one. If you have an EB-2 approval and you want to take advantage of the EB-3 upsurge in the Priority Dates, file for an EB-3 I-140 with a copy of the same PERM application. If the I-140 is approved quickly great, if not and the dates become current while the I-140 is still pending, with the receipt you can file an I-485. So you will have an EB-3 pending with a I-485 coming along. Now if tomorrow the dates become better, moving for EB-2 because you have both I-140s in the works, one approved and one pending or maybe both approved by that time, government will automatically give you the benefit of which ever category is moving the fastest.  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.

  8. Tuesday, 5...
    Question:
    Answer:

    FAQ: How does one change status while within the United States?

    Video Transcript

    There are three types of situations I can think of. One is when you are changing status to one to another (H-1 to F-1 or H-1 to tourist visa) can be filed just by using form I-539. Then there are some where the change of status requires refiling of the entire paperwork for the petition. H-1 and L-1 are examples of that category and the third situation to change of status is when certain categories of people are not allowed to change status. An example would be if you are here on a visa waiver also calling ESTA program you cannot change status. 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.

  9. Thursday,...
    Question:
    Answer:

    Watch the Video for this FAQ: Status of off-site placed STEM OPT extension students

    Video Transcript

    First of all to say that USCIS has changed its regulations and they do not allow off-site placements of STEM OPT extensions students is incorrect, because USCIS has said this from a very long time that they are not going to allow these placements. If you are in a situation, what can happen is you could be considered to be out of status for no fault of your own. So if you file an H-1B and if the government says well we think you're out of status hopefully that's all they can do, they can make you go outside the USA for a visa stamping. 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.
  10. Thursday,...
    Question:
    Answer:

    Watch the Video on this FAQ: Is there any law to provide legal stay to the parent of US citizen child with disability?

    Video Transcript

    The answer is No. You can stay on a tourist visa. There are no special visas or green card for such situations.  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.

  11. Tuesday, 22...
    Question:
    Answer:

    FAQ: Effect of I-140 revocation on priority date, H-1B extensions through any employer, etc.

    Video Transcript:

    Beginning January 17, 2017 the law is that if your I-140 has been approved and stays approved for 180 days and atleast one or two days past Janaury 17, 2017, because if it was revoked after 180 days but before Janaury 17, 2017 when the new regulations came in you would have to look at other things but not those regulations. These new regulations say first of all the moment your I-140 is approved your priority date is yours to keep. You can take it to any employer, you have to start the green card all over again, but you carry the priority date forward.

    The second thing that it says is that if in addition your I-140 stays approved for 180 days you will retain the ability to extend your H-1B on three years any number of times as long as the priority dates are not current with any employer for any job. So once I-140 is approved and stays approved 180 days your rights to extend H-1 beyond six years with any employer are quite secure. 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.

  12. Wednesday,...
    Question:
    Answer:

     

    Video Transcript

    Normally the children of people undergoing the green card process, convert to student visa if they are in school. If he gets covered by the CSPA (Child Status Protection Act) even though he has a student visa it doesn't change his green card status through you and again if he goes to India for a degree for four to five years his green card processing will still stay valid. There might be some technical details you have to attend to but that is certainly possible as long as he's not got a problem with aging out as he is covered by CSPA.  More...

    Related Video on CSPA:

    Rajiv Khanna discusses the impact of the CSPA (Child Status Protection Act) on Employment based Green Card delays on children turning 21.

     

    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:
    Answer:

    Watch the Video on this FAQ: At what stage should I join my future green card employer?

    Video Transcript:

    As far as only one aspect of the case is concerned, which is the ability to pay wages. So when your employer starts your green card from that date forward they must show that their tax returns have enough money to pay you. If on the other hand the employer has a very healthy tax return only their lawyers can tell them, then it doesn't matter when you join them so if you are worried about the ability to pay wages, it is better to join before filing the PERM. If the tax returns are extremely healthy, then you can join at any stage you like either before or after the approval of the green card. I-140 can be affected because of the ability to pay wages, but if the ability to pay wages is strong you can join a future employer anytime before or soon after the approval of the green card. 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. Wednesday,...
    Question:
    Answer:

    Watch the Video on this FAQ: Filing EB-5 investor case with a promissory note secured by property in a foreign country

    Video Transcript:

    Yes, it is possible. The only problem is, I don't remember the exact laws on the duration of the promissory note, I don't think you can delay it all the way to two years. I think it probably will have to be relatively short period of time. 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. Thursday, 3...
    Question:
    Answer:

    Watch the Video on this FAQ: H-1B and green card transfer from a non-profit organization to for-profit

    Video Transcript

    1. The answer is No. There is no advantage in going through for-profit or non-profit that's just irrelevant.

    2. No, non-profit or for-profit does not matter you cannot transfer I-140s, you can transfer priority dates unless your 1-140 is based upon a National Interest Waiver or an EB-1A.  Your green card can be transferred once your I-140 is approved and I-485 has been pending 180 days, then it doesn't matter what the nature of the organisation is.

    3. a.  I don't think there is any specific law on this issue. Technically, you can start working for them on receipt, but obviously you will only get a receipt if your case is picked up for the lottery. So if you have been maintaining H-1B status I believe you can start working for a cap subject employer as soon as your H-1 is picked up.

         b.  Absolutely. My guess would be if your H-1B cap subject H-1B is approved and it is not revoked till October 1st, I don't think you will be subject to a cap to work for a for-profit in the future. It shouldn't be revoked before October 1st and you should receive your change of employer. So in other words, you should get a new I-94 with the case because USCIS has been taking this position that just getting an H-1B approval does not put you over the top where you are safe from cap quota issues. They say unless you receive a change of status or go get a visa stamping till that time you are not exempt from the quota so you must also receive an I-94 which is a transfer of employer, but you can still continue working with the old employer.

        c.  Another way is applying for concurrent H-1B although it is a strange provision in the law where if you have a quota exempt H-1B as long as you maintain that without worrying about the quota you can also work on a concurrent H-1B for a quota employer.

        d. Moving to H-4 EAD is not a good idea because in June they are going to announce the revocation of the H-4 EAD regulations according to the court.

        e. Joining a Master's CPT and filing a cap yes, that's definitely an option.   

    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. Tuesday, 1...
    Question:
    Answer:

    Watch the Video on this FAQ: Must I carry my green card with me at all times?

    Video Transcript

    In Trumps America I would rather not take a chance and if you look at section 264 of Immigration and Nationality Act which is codified as 8 USC section 1304,  the subsection, clearly says every alien 18 years and over shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection D. So if you don't carry your green card with you, you are guilty of a misdemeanor which means a crime and shall upon conviction for each offence be fined not to exceed a hundred dollars or be imprisoned not more than 30 days or both. 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. Thursday, 5...
    Question:
    Answer:

    Watch the Video on this FAQ: Leave without pay for H-1B / Status

    Video Transcript

    If you look at the Department of Labor regulations they allow employees for their convenience to take leave for things like tourism. So if you say you want to take 20 days off you could do that without losing your status, but if it is being used by the employer to bench you and them then you can be in trouble. If it is a medical leave of absence, then as long as you have a medical certificate and necessity and your leave is coextensive with the existence of that necessity I think that's ok as well. Hence couple of months are acceptable if the reasons are honest and not a pretext or an excuse to be off a project and be benched. 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. Thursday,...
    Question:
    Answer:

    Watch the Video on this FAQ: The 180 rule for priority dates/H-1B extension

    Video Transcript

    Beginning January 17th  forward, some of that goes backward too, as soon as your I-140 is approved the priority date is yours even if the employer revokes the I-140 the second day or the same day so the priority date becomes yours the moment the I-140 is approved. If the I-140 gets approved and stays approved for 180 days and the employer then sends a letter to revoke the I-140 on the 181st day not only do you keep your priority date, you also maintain the right to keep extending your H-1 and I believe your wife's H-4 EAD as well even if the old employer revokes your I-140. The 180 days is the time for which the I-140 should stay unrevoked. 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. Tuesday, 27...
    Question:
    Answer:

    Watch the Video on this FAQ: EB-1C for functional managers - overseas team inclusion

    Video Transcript

    There are two kinds of managers or executives - somebody who manages a function an essential and critical function of the corporation even though they don't manage any staff they would be considered a manager. No corporation can survive without a good pricing structure. It is a critical function of an organisation in the services business. There is another kind of manager which is a people manager, so if you are managing a team of twenty five software engineers they have to be professional employees. 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.
  20. Thursday,...
    Question:
    Answer:

    Watch the Video on this FAQ: Which jobs can qualify for an H-1B visa?

    Video Transcript

    In this scenario I can't say that your job requires the degree that you have. For instance, if you were a research assistant who basically worked on international political economy and development issues that would be an H-1B job. So it should be clear from the job and that you can't do this job without this kind of a degree.  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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