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Recording of July 07, 2022, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

Nonimmigrant Visas

Immigration Law

Discussion Topics:

FAQs: Experience & education requirements for a PERM/labor certification-based green card || Continuing work or reverting to STEM OPT during H-1B Change of Status || For PERM, can I use my master's degree completed after I joined?

Automatic Employment Authorization Document (EAD) Extension

Between May 4, 2022, and June 2, 2022, some Forms I-797C, Notice of Action, issued to communicate receipt of Form I-765, Application for Employment Authorization, included outdated language relating to a 180-day automatic extension for certain categories of renewal applicants, instead of language relating to the current 540-day 

Employment-based Adjustment of Status Applicants: Send in Your Medical Forms ASAP for More Efficient Processing

U.S. Citizenship and Immigration Services (USCIS) plays a significant role in the processing of employment-based visas, and USCIS wants to ensure the center uses as many available visas as possible in fiscal year (FY) 2022, which ends on Sept. 30, 2022.  

How long can a green card holder stay outside the US?

Question details

I received a Green card (GC) last year (Dec 2021). I travelled to India in January 2022 for vacation and have been staying here in India for last 4 months. While on vacation, I have been working for a US employer from India. This is the same employer who sponsored my GC. I am planning to go back to USA in June 2022. This will be the first time I will be travelling back to USA using my GC. Kindly see my questions below.

1) If I mention that I was in India for four months on vacation, would this answer cause any issue with the CBP officer at POE?  

2)Is four months of vacation in my home country acceptable for a GC holder?

3) What typical questions could we face at the Port of Entry for someone who spent four months of vacation in their home country?

4) Is working for a US employer from India allowed for a GC holder?

5) Do I need to expect a secondary inspection for additional scrutiny by CBP officers due to my four-month vacation?
 

Video URL
FAQ Transcript

1. No, first of all, always be truthful.
2. If the period is less than six months, there should be no problem.
3. Typically, a green card holder who returns in less than six months is not subject to lengthy questions.
4. You can work from anywhere.
5. If it is less than six months, there is generally no secondary inspection.
 

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Employee is outside The US. How to continue a green card through consular processing?

Question details

I have a valid I-140 from my old employer and have not ported it to my current employer. Currently, I am not staying in the US, and my dates have become current.
I have below clarifications:
Can we file for Consular processing GC from abroad through my previous employer if they are open to hiring me back. At the same time I don't want to impact my current job as the old employer does not have their presence outside the US.  As per my knowledge, I cannot file GC through CP; however, if I move back to the US will I be able to file I-485 without joining my old employer?

Video URL
FAQ Transcript

The answer is yes on both counts. The law does not require you to hold the green card job presently. Talk to your lawyers about it and make sure everything else is in order. However, if someone is outside the U.S. he or she can continue to process his or her green card.
 

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Rajiv's Article - Can you sue the US government if your immigration process is delayed?

Published by: The Economic Times - Date: June 13, 2022

Synopsis

Fundamentally, is litigation against delays in the immigration process a viable option in your case? The answer is perhaps it is, but be mindful of the relevant factors, including the uncertainty of the outcome and expenses involved.

For more on this article please see the attachment below.

Recording of June 9, 2022, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

FAQs: Traveled on Advance Parole - Maintaining H-1B status without going for stamping and filing multiple I-485 or Interfiling || Green card application for parents during tourist visa || How are PERM minimum job requirements determined? || Extending or Renewing F-1 student visa risks and requirements || Various Interfiling Issues ||

Visa Bulletin For July 2022

Number 67
Volume X
Washington, D.C

View as Printer Friendly PDF

A. STATUTORY NUMBERS

This bulletin summarizes the availability of immigrant numbers during July for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

Agency

Green Card

Immigration Law