US Immigration Questions

  1. Friday, 1...
    Question:
    Answer:

     Listen to the Audio on this FAQ: Doing business while on H-1B


    Audio Transcript

    I think the problem here is I don't think we can prove that your job requires the Bachelors Degree, so unless the job requires the Bachelors Degree in a specific subject, we cannot get an H-1B for that job. There is no start up capital requirement for an H-1B. Directly there is no such thing, but of course indirectly the government can say that we want to be assured of the veracity of the company we want to know that you have enough money or start up money to secure the job. They usually don't ask.

    Concurrent H-1B is cap exempt. It is not subject to the cap. If your main H-1B is already capped you have gone through the quota once concurrent H-1B will not be under the cap. The difficulty I see is that your job is not specialty occupation. Other than that, I think it can be done. 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. Wednesday,...
    Question:
    Answer:

    Listen to the Audio on this FAQ: University of Farmington, Michigan issues

    Audio Transcript

    Tourist visas itself is a visa that can be denied on so many grounds. It is difficult to predict. You can try. Just make sure you don't make any misrepresentations or active concealments of facts because that can lead to a permanent bar from entering the USA. 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. Monday, 25...
    Question:
    Answer:

    Listen to the Audio on this FAQ:

    Naturalization, issue, stay outside for medical reasons

    Video Transcript

    The answer is Yes. If you have a good medical reason like you do you should be able to explain that delay. If she is not able to travel because of surgery and because of extended physical therapy 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. Monday, 25...
    Question:
    Answer:

    Listen to the Audio on this FAQ:

    Is H-4 EAD tied to an employer of H-1 holder or to an I-140?

    Video Transcript

    An H-4 EAD is neither tied to a particular employer nor to a revoked I-140, if the I-140 stayed approved for 180 days and any one of those 180 days fell on January 17, 2017. 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:

    Downgrading a case from EB2 to EB3 for priority date advantage

    Video Transcript

    1. Your EB-2 does not get affected. You can file EB-3/I-140 and I believe you can file a I-485 also if your dates are current.

    2. Just the I-140. 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. Friday, 18...
    Question:
    Answer:

    Watch the Video on this FAQ:

    What to do when the 240 days H-1B work authorization is expiring?

    Video Transcript

    1. You can stay in the United States. You just cannot work. So while your timely H-1B extension is pending you are not illegal, even after 240 days. The only thing is you will not have work authorization. You can also ask for an expedite at that point of time. It is worth trying. Even if the premium processing is not available expedited processing is still available.

    2. You don't have to re apply for the extension. The pending case would work. The only thing is since you left while the case was pending you would require to get a visa stamping and come back again. 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 on this FAQ:

    Consequences of and logistical problems in dealing with

    criminal arrests or convictions in immigration cases

    Video Transcript

    What you should do is get yourself a private lawyer. Tell the employer, you prefer to have your own lawyer for the I-485 proceedings and the I-485 is your application, it isn't the application of the employer so you should be able to get your own lawyer and get the I-485 process done yourself. As for what documents to submit - normally we just submit a certified copy of the court proceeding or the final adjudication. That's all we need. Nevertheless, I don't want you to make any assumptions, talk to your lawyers. 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. Wednesday,...
    Question:
    Answer:

    Watch the video on this FAQ: The logistics of porting a priority date, how to?

    Video Transcript

    Once the I-140 is approved the priority date immediately becomes your property, even if the I-140 is revoked. This law came into effect on January 17, 2017. Hence that date is yours whether or not it is reflected in a follow up I-140 approval. USCIS should be giving you that date automatically. You need not have to do any other process for it. They run regular screening or scans of their system and they assign to you the earlier priority date to which you are eligible. That's the way it normally works. 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 on this FAQ: I-94 expired -- Unlawful Presence

    Video Transcript

    Under the circumstances I would certainly look into 212(d)(3) waiver. 212(d)(3) waiver is given to those people where they have become subject to unlawful presence three year or ten year bar and there is no policy reason for the government to withhold their entry on a non immigrant visa. Please consult your lawyer regarding this matter. 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: EB-2 approved applying for EB-3

    Video Transcript

    This is mostly a question of procedure and policy. The USCIS has been indicating that if you have only one I-140 approved under EB-2 but you want to file under EB-3 you have to file another I-140 using the copy of the same labor certification - perm application and get an EB-3 approval first. 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, 8...
    Question:
    Answer:

    Watch the Video on this FAQ:

    Status expiring during the pendency of an H-1B extension

    Video Transcript

    1. No, and there is no NTA even if it gets denied. You can leave the United States within a short period. After the denial you won't get an NTA.

    2. You don't have to do that. There is no question of unlawful presence or being out of status when timely filed extension amendment or transfer request is pending and if you choose to leave the USA for whatever reasons you can always get a visa and come back. Traveling outside the USA does not abandon your H-1request. 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. Tuesday, 8...
    Question:
    Answer:

    Watch the Video on this FAQ: Starting business on I-485 EAD

    Video Trascript

    1. Sure you can. You can work for yourself, you can do multiple jobs as long as you have an EAD.

    2. Sure, as long as you are not losing focus of your main job - that's the job that got you your 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.

  13. Monday, 7...
    Question:
    Answer:

    Watch the Video on this FAQ:

    Continuing employment-based green card

    while moving outside the USA

     

    Video Transcript

    1. One is to go through the consular processing in Canada or second is to get an H-1B status approved. Since you are not subject to the quota for six years after approval you can come back on H-1B and file AOS.

    2. An old H-1B certainly becomes a red flag issue for the CBP. It is definitely common for them to be concerned about this sort of a situation.

    3. That depends if the job is in - house for eg: the company is a product development company and they intend to hire you in - house then a letter from the company should be good enough.

    4. Pay stubs are not necessary, but if you are working for this employer from outside the United States you can certainly present pay stubs to prove that you were working for this employer. That is not directly relevant but it does show an ongoing relationship.

    5. Definitely. You don't have to reenter the lottery for six years after the last H-1B approval. 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 for this FAQ:

    Period of maximum stay allowed for tourist visa entrants

    Video Transcript

    Preventative would be to stay less than six months each time you come or if you have stayed six months in a year then don't come back the following year. Wait another 12 months before you come back in. That would be prudent. 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,...
    Question:
    Answer:

    Watch the Video for this FAQ:

    Transfer of priority date on an I-140 -- process

    Video Transcript

    If your priority date becomes current at any point of time you can just go ahead and file your I-485 with copies of both I-140 approvals attached. I am not really sure the need for amendment. You are supposed to be entitled to it automatically and usually a letter or a service request made over the telephone should be enough and if nothing else the dates become current file with both the I-140 copies attached. 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. Wednesday,...
    Question:
    Answer:

    Watch the Video on this FAQ:

    Effect of L-1A denial on approved I-140 green card


    Video Transcription

    If your L-1A is denied and not just the change of status, then we have to look at the reason for denial. Typically L-1A is denied if the government feels that you don't rise to the level of an executive or managerial employee for whatever reason, whether it is on the foreign country side or the US side. If you don't rise to that level government can deny your L-1A and if they are denying the L-1A on that basis and your EB-1C I-140 was approved also with the same or similar job description, then obviously there is a potential impact because the criteria used for determining your eligibility for L-1A and EB-1C are the same as far as qualifying as a manager is concerned.

    So indirectly because you are using the same job description you could have a problem with the L-1A denial. Yet now, if it is a change of status which can happen because you file your application two days late then the green card  I-140 remains unaffected but then you have to worry about the unlawful presence problem. If you have been unlawfully present for 180 days you cannot come back for 3 years, except with a 212(d)(3) waiver and that's always a possibility in cases like these. 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. Tuesday, 11...
    Question:
    Answer:

    Watch the Video on this FAQ:

    Not worked for green card sponsoring company

    – – fraud implication for naturalization/citizenship


    Video Transcript

    This is a difficult situation.  I would argue that this is fine because once you went and got the green card you took the job and you are just working for the company's operations outside the USA temporarily. So I think it's going to be a touch and go, but that is what I would argue. You definitely need to take a lawyer with you. 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, 4...
    Question:
    Answer:

    Watch the Video on this FAQ:

    The new restriction on 12 months of CPT OPT combined – –

    consequences of H-1B denial on OPT

    Video Transcript

    In my view you are still on OPT and to activate your H-1 you have to either refile for change of status or go outside the USA for 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.

  19. Tuesday, 4...
    Question:
    Answer:

    Watch the Video on this FAQ:

    Citizenship for employees of consulting companies

    who have projects in different cities after green card

    Video Transcript

    First of all, remember the laws has changed since 2017. Now supplement J has become an issue. Previously, when you did a AC21 shift of jobs, there were no filings required. So in older cases even if you don't join the employer, chances are that you are in a pretty good shape. Another thing that I always consider to be important and it often doesn't come up is your state of mind. Green card is based upon an intention of an employee to join an employer on a permanent full time basis either before or after the approval of the green card. I do want you to take a consultation and I want you to spend some time with a lawyer to go over your situation and make sure there's nothing else that's going to be bothersome. 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. Wednesday,...
    Question:
    Answer:

    Watch the Video on this FAQ: Being without a job on AC21

    Video Transcript:

    Having a gap in your employment while you are still qualifying for AC21 is not a problem. 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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