US Immigration Questions

  1. Sunday, 15...
    Question: I got my H-1B denial on 02/20/2020. H1B expired date : 1/31/2020. I-94 expired date: 2/10/2020. H1B extension denial date: 02/20/2020. H1B filed date: 12/07/2019. H1B RFE date: 12/27/2019. H1B RFE replied date: 02/02/2020. How long can I stay ?
    Answer:

    Watch the Video on this FAQ:

    What to do after an H-1B (or L-1) denial

    Video Transcript:

      

    The fact is that you are accruing unlawful presence beginning February 20th. So if you stay in the US 180 days after that you will be barred from entering the USA for 3 years. 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. Friday, 13...
    Question: In my offer letter, they have mentioned if they sponsor H1b I need to work with them for 5 years. What happens if I change the company by down the road within these 5 years?
    Answer:

    Watch the Video on this FAQ:

    Work duration and damages contracts under H-1B

    Video Transcript:

    Please check on the state laws about whether these contracts are even legal or enforceable. You can also visit this link on my article on :  

    Liquidated damages clauses In H-1B visa holders’ employment contracts



    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,...
    Question: I'm currently on H1B Visa with I-140 Approved. My Employer is sending to Canadian branch to work for 2 years. I have 1 person reporting the work to me (Offshore India). I'm not designated as a Manager. Upon return to US branch after 2 years completion in Canada. Does my application qualify for EB-1C category?
    Answer:

    Watch the Video on this  FAQ: Time of stay and

    definition of a manager/executive employee for L-1A and EB-1C

    Video Transcript:

    Maybe, maybe not. it depends.Looks like you will not qualify, but you never 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.

  4. Wednesday,...
    Question: I have been scheduled for my interview next month after cancellation of the first one. I took three trips outside the US, and one last more than 6 months but less than one year. I waited for more than 5years since my last entrance which is June 2013 before applying for citizenship. Should I be worried about my interview since I broke the continuity of residency?
    Answer:

    Watch the Video on this FAQ:

    Citizenship/naturalization trips of more than six months abroad

    Video Transcript:


     I do not think the previous trip should be a major issue, but I do recommend you discuss with your lawyer about your visits abroad prior to 2013. 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.

  5. Tuesday, 10...
    Question: My boyfriend is applying for his F1 Visa in July 2020 for fall semester 2020 for his MS in Finance at one of the US universities (deciding on which one right now). This is a question asked well in advanced so we are fully prepared.
    Answer:

    Watch the Video on this FAQ: Impact of 214(b) denial

    Video Transcript:

    Make sure he goes to a good university. If somebody is going to a top tier university the consular officer might be more inclined to consider the application as being a genuine application. Please be sure you are honest when applying. 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. Saturday,...
    Question: I have an approved I-140 with priority date of June 2013 from Employer "A". I moved to employer "B" in 2018 and extended my H1-B till June 2021. He is currently processing my labor for new application. Meanwhile, I got offers from "C" and "D". "C" is an established firm and is well aware of the immigration process. "D" is a small business enterprise started about 2 years ago and haven't sponsored any employee yet.
    Answer:

    Watch the Video on this FAQ: Risk for green card process

    in joining a small company, unfamiliar with immigration

    Video Transcript

    If the company is willing and able to support your application by all means join a big or small company, it does not matter. 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. Friday, 14...
    Question: I am planning to sponsor Visitor Visa for my sister,she was diagnosed with Down syndrome when she was 1 year and she is now 45 yrs old. Considering her condition, i would like to know what additional documentation is required for visitor Visa B1/B2 apart from I130, letters to consulate & bank statements.
    Answer:

    Watch the Video on this  FAQ: Tourist/Visitors visa for people

    with special needs or challenges

    Video Transcript: 

    Since Trump administration has proven to be extremely hostile to immigration, both legal and undocumented I cannot predict what the consulate is  going to ask. My advice would be to go ahead and apply for her like it is a normal application. Now I also want to add that any people with special needs or challenges as long as they don't pose a threat to the US people or their property they should not have any extraordinarily more difficult burden to carry than anybody else but medically they might have to prove that they can be taken care of. 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: My partner is a teacher and was granted a J-1 visa on September 25, 2019. We've been together under one roof for 5 years and undergone the rite of Holy Union since same-sex marriage is not honored in the Philippines. I would like to seek advice on the best possible way on how to go to the US. Should I still push through with the J-2 visa application or as a tourist or visitor?
    Answer:

    Watch the Video on this FAQ: Visas for same-sex partners from

    countries where such marriage is not allowed

    Video Transcript:

    In these cases B-2 visa can be extended as long as the J-1 holder is in the USA. 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. Wednesday,...
    Question: 1. Can I just withdraw the whole petition? and go out of the country and travel back on H4 2. Will withdrawing the "Extension+Amendment" petition without responding to the RFE make my presence UNLawful for the last 11 months. (I-94 Expired Dec 2018 last year) because I worked on the client on their new address without an approved amendment?
    Answer:

    Watch the Video on this FAQ:

    Does withdrawing a timely filed application/petition

    with the USCIS lead to unlawful presence?


    Video Transcript

     

    In amendment case there is no 240 day limit. You can keep working as long as the file is active. 240 days is only extensions without a change. If you want to withdraw and go out of the country and travel back on H-4 for  that is fine.There is no unlawful presence here and you should always respond to RFEs. Never walk away from a RFE. It red flags your case.  The government starts thinking you are trying to do sometime. 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, 28...
    Question: I am on H1-B and I lost my job 7 days back. I have I-140 approved with Priority date 2015<br> Do I need to inform USCIS that I lost my job and I am searching for job ? if yes how and where ?<br> How many days I stay in USA and search Job ?<br> My I-140 was approved 8 months ago and now my employer said that he will revoke it , what will be impact on me after he will revoke it I-140 ? Am I able to extend my H1-B, once he revoke my I-140 ? ( my H1-B 6 years are completed) If I will go back to India and search job from India, can consulting companies transfer my H1-B in this particular situation ? or I will face complication ? Can you please suggest what all things I should do in my situation in Immigration prospect ?
    Answer:

    Watch the Video on this FAQ:

     

    Consequences of losing my job on H-1B and revocation of I-140




    Video Transcript:

    The moment the I-140 is revoked nobody can take away your priority date. The only time the priority date can be taken away is if the I-140 was approved in error or through fraud. On the other hand, once the I-140 has been approved and stays approved for 180 days not only do you keep your priority date, you also keep the right to keep extending your H-1B beyond six years with any employer. So180 days is a great time to wait. These regulations changed on January 17th, 2017. Any cases that occurred after that date would have to go by these regulations. FAQ in detail...


  11. Tuesday, 28...
    Question: I am on H1-B and I lost my job 7 days back. I have I-140 approved with Priority date 2015 Do I need to inform USCIS that I lost my job and I am searching for job ? if yes how and where ? How many days I stay in USA and search Job ? My I-140 was approved 8 months ago and now my employer said that he will revoke it , what will be impact on me after he will revoke it I-140 ? Am I able to extend my H1-B, once he revoke my I-140 ? ( my H1-B 6 years are completed) If I will go back to India and search job from India, can consulting companies transfer my H1-B in this particular situation ? or I will face complication ?
    Answer:

    Watch the Video on this FAQ:

    Consequences of losing my job on H-1B and revocation of I-140

     

    Video Transcript:

    The moment the I-140 is revoked nobody can take away your priority date. The only time priority date can be taken away is if the I-140 was approved in error or through fraud. On the other hand, once the I-140 has been approved and stays approved for 180 days not only do you keep your priority date, you also keep the right to keep extending your H-1B beyond six years with any employer. So180 days is a great time to wait. These regulations changed on January 17th, 2017. Any cases that occurred after that date would have to go by these regulations. 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. Thursday,...
    Question: Is it mandatory to maintain non-immigrant status (H1B) until the I-485 application is approved (a green card is issued)? I am not sure whether USCIS will send an RFE and/or call for an interview when my PD becomes current.
    Answer:

    Watch the Video on this FAQ:

    Must we maintain H-1 or L-1 status while I-485 is pending?

    Video Transcript:

    Yes, you SHOULD maintain H-1 or L-1 status while I-485 is pending, because these days, especially the government can create odd problems with your I-485. 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.

  13. Thursday,...
    Question: I applied for my parents in September 2019, finger printing is done and we have received a RFE for I 485. Both have Domicile Certificates, School Leaving Certificates - which states their place of birth - but does not state their parents name ( I guess in 1960's it was not a norm to have parents name in such documents). Also if we check the US Dept of State - Visa Reciprocity and Civil Document link shows that there were no Birth Certificates prior to 1970. As mentioned below - is this a sufficient enough evidence that there are no birth certificates available at the time of my parents birth?
    Answer:

    Watch the Video on this FAQ: Parents’ birth certificates

    Video Transcript:

    I would prefer you to get a  non-availability certificate along with two affidavits from people who were alive when your parents were born. That is what I would recommend. 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.

  14. Thursday,...
    Question: I am getting new job as a developers right now. My new employer is fine to give me offer letter as a Senior Technical Project Manager and keep my job profile as a Senior Technical Project Manager but he wants me to start work as a developer at client place. What all important things I will take care so that I will not face problem with my green card please guide me ?
    Answer:

    Watch the Video on this FAQ:

    Variation in H-1B job approved and actually performed

    Video Transcript:

    Minor variations in jobs are normal. But the key question is; is there a substantial change. Any substantial change in an H-1B job requires an amendment. Please stick with the truth. Be honest about what your job is and what is required is that you make a good faith estimate at the time you file the H-1B. If there are minor variations, the system will tolerate them, but if there is a substantial change file an H-1B amendment. Also, as long as you are qualified you can take any job for which you are qualified, without regard to what you did before. 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.

  15. Thursday,...
    Question: My H1B got approved for just 11 months started this October 2019. My H1b is expiring on August 15 2020 and I-94 on August 25 2020. My company will be filing for an extension under premium after February 15th which will be 6 months before my H1B expires. Thinking that I will get my H1B approval notice by end of Feburary 2020 under premium. Can I travel to India during the March 2020 and get my H1B stamping done based on my new approval of H1B given my old H1B is only expiring on August 15 2020. Want to avoid H1B stamping twice if I wanna travel in future after August 25 2020.
    Answer:

    Watch the Video on this FAQ:

    How far ahead of job or petition start date

    can I apply for H-1B visa stamping?

    Video Transcript:

    For H-1B the recommendation at the U.S. consulate in India is 90 days. You can apply 90 days ahead of time, but they do make exemptions and I have seen them do it as much as six months ahead of time. Always a good idea to check. My understanding is that their website says something like 90 days, so just keep that in mind. So if you are going to apply for an H-1B you can apply perhaps 90 days ahead of the start date or the petition approval date.  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.

  16. Thursday,...
    Question: I'm working in an organization since December 2009. When my green card was filed in January 2016 my job title was "Senior Engineer", and the roles and responsibilities included following - <br> · Generally someone with industry knowledge and/or software knowledge <br> · SME in multiple areas · Able to assist in even more areas · Able to work without management intervention <br> My I-140 is approved, and Priority Date is January 2016. I'm due for promotion to the job title "Consultant", and the roles and responsibilities would be following - <br> · SME in a lot of areas · Able to work in any area · Able to talk accurately about the whole product whenever and wherever regardless of audience · “Manager” on the floor, a mentor to “all” that need help, trusted adviser · The one that the Engineer level people go to and want to be <br> My Manager and HR mentioned that they will have to file amendment for change in roles and responsibilities that matches with new title. They are concerned about filing amendment, and they mentioned that they are seeing less than 50/50 success rate and there is high risk involved in changing title as my green card might get declined. <br> I'm very surprised that changing only couple of responsibilities can jeopardize my green card processing, and I'm also finding it unbelievable that I can't get any promotion within same organization till my GC is approved, which could be another 10-15 years. <br> I thought since green card is filed for the future position, so there should not be much risk involved in filing amendment. I've seen many of my friends and family getting promotions within same organization after their green card process started. Since I'll be working in same organization and same team, and there is no drastic change in roles and responsibilities, so do we still have to file amendment? Can the amendment be filed later with I-485, or is it better to go back to old job without filing amendment?
    Answer:

    Watch the Video on this FAQ:

    Change in green card job responsibilities

    and/or job title during the process

    Video Transcript:

    The safest thing is to just start a new green card and once the new I-140 is approved, it automatically inherits the priority date of the old green card. So changing a couple of responsibilities does not change the job, nor does it destroy your green card, but why take a chance. That's the way I look at 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.

  17. 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.

     

  18. 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.
  19. 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.

  20. 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

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