US Immigration Questions

  1. Monday, 26...
    Question:
    Answer:

    Watch the Video on this FAQ: Starting business while on student visa

    Video Transcript

    Doing a business while you are still on a F-1 status is illegal unless you get OPT. If you get OPT, the government has set a time or two as long as you are working in your own field. So if you are a software developer or you have a degree in computer science and you start a company where your primary role is software development or something akin to it you are allowed to do that as long as you have your OPT. You cannot do that in STEM OPT extension, but you can do it for the one - year OPT.  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:

    Watch the Video on this FAQ: Filing change of address

    Video Transcript

    If you are on a nonimmigrant visa you have to notify the government about your address change. If you intend to live with your wife and you are working on a short term contract , I would  suggest you to give your wife's address as your permanent address. I think that's ok, especially if you are working on short term projects and moving from one place to another. 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. Wednesday,...
    Question:
    Answer:

    Watch the Video on this FAQ: Traveling abroad while H4 EAD is pending

    Video Transcript

    You can travel if you are already on H-4 and just your EAD is pending. If you have a change of status as well as an EAD pending don't travel. If only EAD is pending and you are already on H-4 that is ok. Please 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.

  4. Tuesday, 20...
    Question:
    Answer:

    Watch the Video on this FAQ: How can I downgrade from EB2 to EB3 and the consequences

    Video Transcript

    If we have an EB-2 approved I-140 we apply for an EB-3 approval on the same form or you can file EB-3 I-140 and I-485 concurrently if the dates are current. If you file a I-485 that is prematurely filed when the priority date of EB-2 is not current, if EB-3 is denied on which basis you had filed the I-485 then the I-485 will also be denied. I would want your lawyers to review your case very carefully. Make sure that you don't have any other issues. If the second EB-3 filing gets denied it should not have any impact on the already approved I-140 unless the second filing reveals some problem with the case that was not addressed earlier. 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. Thursday,...
    Question:
    Answer:

    Watch the Video on this FAQ: Unlawful presence for minors

    Video Transcript

    For a child under the age of 18 until they hit 18 there is no unlawful presence. They are only out of 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.

  6. Wednesday,...
    Question:
    Answer:

    Watch the Video on this FAQ: Impact of unlawful presence

    Video Transcript:

    In your case make sure she came in with an I-94DS because if she did not have DS, then she's been accumulating unlawful presence for a while and then the only solution is when you become a US citizen, you can then apply for her I-485 without having an issue with unlawful presence because she entered legally. Please spend some time with your lawyer, go over your wife's situation in detail, learn all the pros and cons of your situation. 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. Wednesday,...
    Question:
    Answer:

    Watch the Video on this FAQ: Porting priority date from EB-2 to EB-1

    Video Transcript

    The answer is Yes. The main thing is priority dates for EB-2 and EB-1 can be ported and there is no particular format for this. This is supposed to be automatic. The government is supposed to keep a track of 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.

  8. Monday, 24...
    Question:
    Answer:

    Watch the Video on this FAQ - Effect on green card and naturalization of using public or government benefits

    Video Transcript:

    Under the current regulations the prohibited benefits are: 

    1. they have to be means-tested benefits which means they are based upon how much money you make. 

    2. either they must be used to supplement your income like receiving some kind of a cash or cash equivalent or they should be giving you a long term medical facility residence. You can look up for the particular policy at the USCIS website.

    You should have a lawyer research this issue for you specifically, but there is no need for you to hold back your naturalization. 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. Wednesday,...
    Question:
    Answer:

    Watch the Video on this FAQ: Green card based upon investment – EB-5

    Video Transcript:

    When you are doing an investment based green card first of all you have to look at these moving parts:

    One set of moving parts is, do you want to invest half a million dollars or a million. Second moving part is do you want to run the business yourself or let somebody else run the business.

    So when you invest 500,000 dollars in an approved investment scheme remember it is only approved for immigration compliance expectedly. They can still mess up and they do. There is no guarantee that this scheme will be successful or your money is safe. So don't think that just because the investment scheme has been approved by the government it is either safe or even honest. Nobody can tell you that. You have to assess that. There are some services out there who help you make those decisions. I don't recommend any. I have never used any. We have dealt with EB-5's through investment centers as well as individual businesses.

    So if you want to start your own business what you have to do is invest either half a million in some of the areas that are considered to be rural or targeted employment areas where the unemployment is about 50 percent higher than the national average. 

    The way the process of the green card works is once you make the investment, whether it is an investment center or your own particular business, you can then file the first set of forms which almost take two years to complete then add to it another six to eight months then you get your conditional green card. Therefore, it takes between two - three years under the current environment.

    Once you get the conditional green card you can come to the USA, you can start living here, your son can start going to school. 90 days before the end of the two years another set of forms is filed to remove the condition that shows that ten American jobs have been created and that the investment is on track, that's when you get your permanent 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.

  10. Tuesday, 18...
    Question:
    Answer:

    Watch the Video on this FAQ: Can I join my old employer if the H-1B transfer is denied?

    Video Transcript:

    1. The answer is No. A prior approved H-1B is not overruled by a subsequent H-1B through another employer. If you have signed any contracts that's a different issue, but as far as immigration law is concerned, having one, two, three or even twenty subsequent H-1B approvals have no effect on a previously approved H-1B.

    2. The answer is Yes. 

    3. Not at all. As long as your employer A has not been revoked and employer B/A still maintains your status you are fine.

    4. Any employer or any number of employers can file for your green card as there is no limit. The only issue is are you doing it in good faith. Is it an honest intention to join them upon approval of the green card. These are issues that you should discuss with your lawyers who are processing 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.

  11. Monday, 10...
    Question:
    Answer:

     

    Video Transcript:

    1. Yes, you can apply both change to H-4 and H-4 EAD concurrently. Therefore even though you are working for employer B your wife can derive the same benefit as you would from the earlier I-140 approval.

    2. No. Even though the I-140 was from the previous employer.

    3. You can change employers as many times as you like and once your I-140 has been approved 180 days there is no limit to how many employers you can change and how long you can keep getting extensions of your H-1B as long as the dates are not current. If the dates become current then you can get only one year extension as far as I recall.

    4. The answer is No. Both remain valid in their own right and you can derive the maximum benefit whichever is better for you out of the two. 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:

    Watch the Video on this FAQ: The impact of the NTA memo

    Video Script

    Green card renewals have been pretty much an administrative process. It is like renewing your drivers licence. If your green card is denied due to a minor administrative process can you be deported? Well, even under NTA if they put you in deportation your lawyers can walk over the evidence of the error to the court. Right now USCIS has postponed implementing its NTA policy until further notice. Even if it gets implemented chances are that as and when the NTA policy get implemented, it would be more reasonable than the way they had announced. More...

    Visit the blog section to read more about this policy: https://www.immigration.com/blogs/deportation-and-denial-policy-2018-jul...

     

    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:
    Answer:

    Watch the Video on this FAQ: Travel outside the USA when a case is pending

    Video Transcript

    1. Yes, you can travel.

    2. I don't know the exact local rules, but you have to go for visa stamping.

    3. You should not go until the amendment is actually approved. 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, 14...
    Question:
    Answer:

    Watch the Video on this FAQ: What are different wage levels for H-1B and green card jobs?

    Video Transcript

    The only difference between wage levels for H-1B and green cards in terms of logistics is, when we file for an H-1 we are using our best judgment to decide which level wage will be given. When we file a green card it is the government who decides what the wage should be. The wages are received in most cases from Foreign Labor Certification Data Center and there each occupation is based upon the county and the state in which the occupation is located and is covered under four different levels. What distinguishes the levels is the complexity of the job, the requirement that the employer has and how many years of experience, etc... Level 1 is usually for entry-level people right out of school doing formative chance, so they are still learning. Level 2 is people who are doing professional level jobs, but they are moderately complex at level 3 you become technically advanced. At level 4 you become more advanced but perhaps in terms of leadership. 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, 7...
    Question:
    Answer:

    Watch the Video on this FAQ: Specific issues in the Trump NTA policy for denials

    Video Transcript

    If the RFE looks like it is really difficult to win, maybe leave USA while it is pending and wait outside if the case gets approved, get a visa and come back, but there you could have a problem. The visa stamping can take a long time, but of course if you have an existing visa you can return on that but if you don't have an existing visa for eg: H-1B visa and you have to apply for a new one, then be prepared for delays and I would always prepare clients or employers to send the work to your home country wherever you are because it is perfectly legal to be working outside USA while you wait for the visa stamping. 

    On the other hand the NTA does not say you cannot file appeal. Hence it is a really bad policy created by Trump. 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. Thursday, 2...
    Question:
    Answer:

    Watch the Video on this FAQ: Section 245(K) protection during AOS/I-485

    Video Transcript

    This is a very important protection given to employment based applicants and their dependents when they apply for adjustment of status. What it says is that under Section 245(k) USCIS will forgive your being out of status or having worked without authorization for upto 180 days from the date of your last entry into the US immediately before you filed the I-485. 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, 31...
    Question:
    Answer:

    Watch the Video on this FAQ: Applying for H-4 status while on parole

    Video Transcript

    You cannot really get a change of status because parole is not really status. It is just authorized stay which is legal, but not full status. So basically if you want to convert back to H-4 , it does not require any prior approval from the USCIS. You can just take the spouses H-1 approval and go outside USA get your visa stamped and come back. When you enter using your H-4 visa you are back on being on H-4 instead of being on parole and if the I-140 or I-485 etc., is still pending you can of course keep extending your advance parole. You can apply six months ahead of time before the expiration of the parole. 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. Friday, 27...
    Question:
    Answer:

    Watch the Video on this FAQ: H-1B petition revocation during visa process/reaffirmation

    Video Transcript

    In a case where you got your H-1B approval but you have travelled outside the USA and you need a visa, you go to the US consulate for visa stamping. They put you in administrative processing and discover something which often is unjustified frankly and sometimes can be justified, gives them some reason to send the case back to the USCIS saying that the case needs to be revoked and that can take a few months (5-6 months). Then USCIS will issue a notice of intent to revoke which would be sent to your lawyers as well as to your employer that says we found out this information through the consulate and it looks like this case needs to be revoked. You have 33 days to respond to USCIS and justify why they shouldn't revoke it. Once the employer responds to it and if USCIS finds out that the case is really approvable and the consulate is mistaken, they reaffirm the case and send it back to the consulate. This whole thing can take months and even a year.

    The option would be to file another H-1 through another employer or with the same company  that is if this was not a quota H-1 and there is no fraud, etc., involved. 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, 24...
    Question:
    Answer:

    Watch the Video on this FAQ: Getting promotions or changing job description while green card is pending

    Video Transcript

    If we are speaking of a green card filed through PERM it is complicated because any substantial change in the job requires you to refile the green card unless you have the intention to go back to the old job when you get the green card. 

    One point at which you can change jobs, whether job descriptions or job titles or even employers is when your I-140 is approved and your I-485 has been pending 180 days, that's the AC21 portability. 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. Friday, 20...
    Question:
    Answer:

    Watch the Video on this FAQ: Applying for H-1B transfer while an extension request is under RFE

    Video Transcript

    Yes, but you probably will have to go outside USA unless the case is already decided in your favor when the transfer application is decided. Unless you have a genuine case you should not apply for political asylum and I am not sure that any kind of relief from deportation would apply to you just because you lived here for 11 plus years. I am not quite sure how in your case that the law would help you out. 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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