US Immigration Questions

  1. Wednesday,...
    Question:
    Answer:

    Watch the Video on this FAQ: Effect of salary variations during L-1A visa

    Video Transcript

    Ideally, you should be paid what is indicated on the L-1 paperwork, but there's certainly no law that I can point to that mandates that result. It is just a general sense of uneasiness because it could go into eligibility. Also, if your payroll is run with salary plus bonus I think then you should be ok although I haven't researched this issue. Have your lawyers look into it. 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. Tuesday, 9...
    Question:
    Answer:

    Watch the Video on this FAQ: Changing jobs after I 140 approval, returning to the old job, etc.

    Video Transcript

    If you look at the situation academically this can be a problem and they should start the green card all over again why because the basic jurisprudence or the legal theory of a green card is that there must exist a job that continues to exist without interruption so when you leave the employer A with the intent not to come back or the employer no longer has the intent to hire you back it can be argued that the continuity of the intent of having a job that the employer wants to give you and that you want to accept has been interrupted. So I guess employer A can definitely start from where you left as long as there was an intention to keep the job open and for you to come back which I think is difficult to argue in your case. You should 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.

  3. Tuesday, 9...
    Question:
    Answer:

    Watch the Video on this FAQ: Does bad credit or private loans/litigation affect immigration?

    Video Transcript:

    I don't think it should be a problem unless that non-payment of the loan was somehow some kind of a crime in the United Kingdom. If it is not a crime I don't see why this is an issue at all. 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, 19...
    Question:
    Answer:

    Watch the Video on this FAQ: H-1B RFE for specialty occupation

    Video Transcript

    Please get yourself a lawyer. Don't do it yourself. These are relatively complicated issues. 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. Tuesday, 19...
    Question:
    Answer:

    Watch the Video on this FAQ: Revocation of H-4 EAD rules

    Video Transcript

    This whole thing is very uncertain I wish I could give you a better answer, but plan for contingencies, plan for what am I going to do if my H-4 EAD regulations go away. So, I think it is a little premature for me to give you a definitive answer. More ...

     

    Also, visit this link on H-4 EAD and Other Immigration Regulations 

     

    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. Tuesday, 19...
    Question:
    Answer:

    Watch the Video on this FAQ: AC21 green card portability for a lateral move from developer to analyst

    Video Transcript

    I think what you should do because this is an important benefit for you, you should have your case evaluated by a lawyer. Show them the job description of the next proposed job - salary, title, job requirements and let them help you decide. 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. Tuesday, 19...
    Question:
    Answer:

    Watch the Video on this FAQ: Porting green card to a self owned company under AC21 portability

    Video Transcript

    Yes. There are two hidden problems here that you need to be aware of and be careful. One it must be an employer, employee relationship. Second, your job should be same or similar. Talk to a lawyer. Make sure you have covered these two grounds very carefully. 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, 19...
    Question:
    Answer:

    Watch the Video on this FAQ: Erroneously given longer duration on H-1B than eligible

    Video Transcript

    You are not allowed to take advantage of USCIS errors. 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. Tuesday, 19...
    Question:
    Answer:

    Watch the Video on this FAQ: TN applying for green card

    Video Transcript:

    Typically what happens is TN does not allow you to have the intention to file a green card, so if you are a TN visa holder or a TD visa holder and a green card is applied for you, you can have trouble reentering the USA after the application or applying for extensions of TN within 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.

  10. Thursday,...
    Question:
    Answer:

    Watch the Video on this FAQ: Filing EB-1C, International Managers or Executives green card

    Video Transcript

    No, because EB-1C category depends upon the relationship between the companies the one that you used to work for outside the USA and the one that you are that is applying for you in 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.

  11. Wednesday,...
    Question:
    Answer:

    Watch the Video on this FAQ: When does one become H-1B cap exempt?

    Video Transcript

    The first principle is if you are in the United States and you do not get a change of status you are not exempt from the quota. The second principle is if you are outside the USA and you don't get a visa stamp you are not exempt from the quota. Now in both these cases whether you join the job or not is irrelevant. So the third principle is whether you are joining the job or not is irrelevant.

    If you are in your home country you must get a visa stamp if you don't, you are not exempt from the quota. If you are in the USA you must get a change of status otherwise you are not exempt from the quota. Hence principal number four is that if your approved H-1 is revoked before October 1st then you are still subject to the quota and the last principle is if your H-1 is revoked for error or for fraud or misrepresentation you are still subject to the 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.

  12. Monday, 11...
    Question:
    Answer:

    Watch the Video on this FAQ: Impact of taking a long break while on H-1B

    Video Transcript

    First of all, a leave that long would not maintain your H-1 status. Maybe a few weeks is ok. You can over the six years file for another H-1 without any quota issue and come right back to the US on that H-1 after getting a visa stamp. So I don't see any problem getting back on to H-1. If you want to remain in the USA you have a problem. But if you want to go outside the USA no issue. Worse case scenario, they can revoke your H-1, you can just reapply. 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, 4...
    Question:
    Answer:

    Watch the Video on this FAQ: What can be done if an H-1B is denied while in the USA?

    Video Transcript

    You can always file another H-1. You can file for an H-1 renewal, you can file for an H-1 transfer, you can file for an H-1B amendment even if the H-1B is denied. While in the USA depends upon whether or not you have status. If you are maintaining status you can file for an extension and another amendment because one denial does not foreclose another application under the same category. 

    But if you are not in status chances are you will have to go outside the USA for visa stamping before you can start working with a new approval, but a new application can always be filed. 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. Monday, 4...
    Question:
    Answer:

    Watch the Video on this FAQ: Does H-1B extension denial invalidate an existing H-1B?

    Video Transcript

    1.Yes. The previously approved extension does not go away. The only way that can go away is if the government separately issues a notice of intent to revoke, gives you notice and a chance to respond and then denies.

    2. It does not. 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, 28...
    Question:
    Answer:

    Watch the Video on this FAQ: Can we open a company while on EAD? What kind of questions/documents will be needed in the I-485 AOS interview?

    Video Transcript

    1. You cannot open a company in your spouse's name. It would be illegal if you do business through your spouse. But if your spouse wants to do business he or she can. So there is a shade of distinction between what you said. Can I do business through my spouse and the answer is "no" and can my spouse do business the answer is "yes".

    2. Yes, you will need to provide copies of all your documents and it is not necessary that she gets a W2 if she's getting a distribution instead of a salary that's fine.

    3. First of all, I don't think if the company is not yours and is your wife's and you have nothing to do with it, then you have no questions about it, your wife will have to answer questions about what kind of company etc... 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, 27...
    Question:
    Answer:

    Watch the Video on this FAQ: Is interview required for compelling circumstances EAD?

    Video Transcript

    No. Not so far. The government has not indicated that they will be requiring an interview before issuing a Compelling Circumstances EAD. That's only confined to the I-485 applications. 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. Wednesday,...
    Question:
    Answer:

    In employment based the last step in the green card process is something called Adjustment of Status (AOS). If you are already in the United States in legal status it is done through the form I-485. Earlier employment-based applicants were hardly interviewed by the USCIS. You file the forms and you get your green card approval and maybe you might get an inquiry or two from the government and ultimately anybody going to the USCIS personally would get the green card approved.

    But from this month onwards government has started interviewing all employment based immigrants. So when the adjustment of status starts the employee and his family is expected to appear for the interview. This has made things uncertain. First of all, it has added another few months to the timing process because the file has to be transferred to the local office of the USCIS where the person is located then they have their own backlogs hence few months are added to the overall processing. Some people are concerned as to what does all this mean and the reports so far are that the adjustment of status interview is not really that complicated. It basically goes over the form I-485 and makes sure all information there is correct.

    But the worst-case scenario - there are three components to anybody's stay in the United States and I have divided them into your past, your present and your future. These are the three areas of inquiry that government can look at. In worse case scenarios they can look up at your past history of your maintaining statuses. The most important one is, have you been out of status for 180 days or more between when you filed the I-485 and your last travel to the USA. The government can look at the entire history to see if you have any status issues. The present is where you are working and what you do. Your future, they want to make sure that the job is still available and that you intend to take that job.

    if you have any concerns regarding I-485, adjustment of status you should bring them up with your lawyers and make sure they are properly addressed.  

    RELATED FAQ : 

    Questions Asked in Consular or Adjustment of Status Interview for Employment-Based Applicants

     

     

  18. Thursday, 9...
    Question:
    Answer:

    Watch the Video on this FAQ: Doing business on H-4 EAD

    Video Transcript

    Of course on H-4 EAD, she can do anything she likes, she can do online business, sell items on ebay amazon no problem at all. These items shipped from India is perfectly 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.

  19. Thursday, 9...
    Question:
    Answer:

    Watch the Video on this FAQ: Denial of H-1B on Level 1 wage issue

    Video Transcript

    1. Now if somebody's H-1 gets denied for level 1 job the same employer can file for level 2. But there should be a good reason or explanation if the government asks questions like: why are we going to level 2, why did we not go with level 2 the first time around.

    2. Yes, you can, but of course, if you have a quota H-1 then you have a bigger problem, but if it is a quota exempt H-1 or you are not subject to the quota then, of course, you can do a transfer to any employer at the same time if you wish. 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, 9...
    Question:
    Answer:

    Watch the Video on this FAQ: Effect of moving abroad while still on H-1B visa

    Video Transcript

    1. Yes, I think you can keep that H-1B alive as long as that job is there.

    2. Yes, as long as you have an H-1B approved in the last six years you can always transfer over to another employer and if your I-140 is approved for 180 days or more which in your case would be from June to December. So next year onwards you are entitled to have H-1 extensions through any employer as long as your I-140 remains unrevoked for 180 days. I don't see a problem you can have a transfer from India itself. 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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