US Immigration Questions

  1. Thursday,...
    Question: I am a staff in University of Pittsburgh and still have 3 more years to complete 6 yrs of my H1B. H1B sponsorship is an issue for me getting a new job.<br> 1) When I apply for a NIW -EB2, can I simultaneously apply for I140, EAD, 485 simultaneously? <br> 2) Although the green card date for Indians with EB2 is not current, can USCIS approve my EAD much earlier ( may be within a year) compared to approving 485 which might take several years? <br> 3) Further can I use that approved EAD to change jobs by bypassing H1B sponsorship?
    Answer:

    Watch the Video on this FAQ: National interest waiver (NIW) filing when priority date is not current

    Video Transcript

    1. No because the dates are not current. If your country of birth is India you cannot file them together.

    2. No because you can't get I-485 filed.

    3. Remember NIW is not bound to a particular job except for physicians. Doctors are different, but NIW for non physician employment is not tied to a particular position you can change jobs as many times as you like as long as you are still working in the area of 'intrinsic merit'  which is the basis of your filing. 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, 20...
    Question: Have an I140 approved with a priority date of Oct 2009 under the EB3 category and worked for the same employer for over 10 years from 2007 - 2017 I filed for my AOS in December 2017 using Cross Changeability since my spouse is born in Malaysia I left my employer after 2 weeks of filing the AOS for a better opportunity in terms of Compensation I used my approved I140 to get three years of H1b extension. My new job and position are in the same category and my new employer is ready to provide Supplement J if needed It has been almost two months since the filing and have received all the receipt notices and have also done the fingerprinting and haven't received any RFE Yet. Do you foresee any issues arising in near future and jeopardizing the application because I left my employer before 180 days of AOS pendency?
    Answer:

    Watch the Video on this FAQ: AC 21 job portability, changing jobs before 180 days

    Video Transcript

    I do not see any issue other than the time issue so if you are able to have the I-485 pending for 180 days you are good. 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, 19...
    Question: H1 to H4 COS pending from Jul 14 2017. I94 expired Nov 2nd. H4 to B2 applied on Oct 31 2017 as per our attorneys suggestion due to some delay with spouses visa. Spouse's H1 is now approved. I would like to get my H4 as soon as possible and apply for H4 EAD. Can I go to Canada/ any close by country and get my H4 stamping done while the petitions are pending or wait till H4 is approved? or going to India is my only option
    Answer:

    Watch the Video for this FAQ: Can I get H4 visa stamping while the H1 to H4 change of status is still pending?

    Video Transcript:

    Absolutely no problem at all. You can go to any country of your choice, no harm done. Remember for H-4 stamping a prior approval from the USCIS is not needed. You walk in with your spouses H-1 approval and that's how you get your H-4. 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. Wednesday,...
    Question: My I-94 expired on Dec 13th last year. Company filed for extension but RFE....now i will be laid off on Feb 9th and my company will not file for RFE response. How many days do i have to leave the country? Do i need to leave immediately on Feb 9th or can i leave by Feb 13th or 14th ? Will 5 days of out of status impact my future applications ? Also another company has offered me a job. If they file for H1B do they have to do it after I leave the country or can they start it and i can leave in between and do Counselor processing?
    Answer:

    Watch the Video on this FAQ: H-1B or other status denied - what is my status?

    Video Transcript

    Basic Concepts to be in Status

    To be in Status means you got the right kind of I-94. For example, if you are on H-1B and you have got an H-1B and I-94 which is unexpired and a proper approval from the USCIS to work for that employer at that location and you get paid and you are doing the work that you are supposed to be doing. So Status is a combination of immigration permissions as well as the work you do in the context of H-1B. In the context of F-1 it is the study that you do, so you could have an F-1 approval on paper, but you are not attending school, you are out of status or you could have an H-1B approval with an unexpired I-94 but you are not approved to work at the location you are working.

    Therefore, it is a mixture of immigration permissions and the activity which is permissible and expected under the immigration permissions.

    Then comes unlawfully present. This is a very complicated concept. Unlawful presence is dangerous because 180 days of unlawful presence will make you ineligible to enter the United States for three years. One year of unlawful presence will make you ineligible for 10 years. Now typically the unlawful presence begins with I-94 expiration or a finding by the USCIS or by an immigration court if you are in proceedings in deportation etc... that you are out of status and unlawfully present. That's the date your unlawful presence will kick in. This is a very complicated concept.

    So when you are not doing the activity or don't have the proper legal permissions you could be out of status and unlawfully present that's the third concept and the fourth concept is authorized period of stay. This is in between status. You are allowed to stay in the United States, but you cannot convert from one status to another, from authorized period of stay to status. An example: lets say you were on H-1 and you filed for I-485 Adjustment of Status you let the H-1B expire you working on EAD you are in an authorized period of stay. If you want to go back to H-1 you cannot do a conversion or a change of status from Adjustment of Status to H-1. You can get an H-1B approval, but to get this status you have to leave USA get a visa stamp and come back because authorized period of stay is not status. 

    These are very important. Please share them with as many people as you can especially in today's environment when Trump administration is in my opinion illegally denying a lot of cases. 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. Monday, 5...
    Question: I am working in USA with the J1 visa as Postdoctoral Fellow. In April 2017 my girlfriend tried to come to USA and she was refused under the section 212a, because she told to the TSA agent that they did not have a serious relationship with anybody in USA, and they found out that she had sentimental links to me checking her phone, we were in bad moment in our relationship by that time. She has double nationality Venezuelan/Italian and she was trying to get in USA with the Italian ESTA. They removed her ESTA for ever and they told her that If she wan to enter in USA she is going to need a visa. Then I got married with her trying to get a J2 visa for her but the consulate denied twice her application under the article 214b, one in August ( after got married in Venezuela, and the other one now in December (on December we went together because I had to renew mine, but not success for her one).
    Answer:

    Anyone who attempts to gain any immigration benefits, including visas, through perceived fraud or misrepresentation is permanently barred from entering the USA. In cases like this, you can try to revisit these findings with the consulate, but these are long, drawn out battles and difficult to win. Temporary visits may be possible with something called a 212 (d) (3) waiver.

  6. Wednesday,...
    Question: In you previous Conference Calls you did mention that you did post videos on USCIS accredited Universities in USA. If a person is doing an MS or MBA in US he/she needs to do it from those accredited universities inorder for the educational evaluation to be done to achieve EB2 Status.Right now I have a 3 years of Bachelors degree from India and do not qualify for EB2 and I am in EB3. I wanted to do an MS or MBA in USA.
    Answer:

    Watch the Video on this FAQ: How to find an accredited university to get Master’s degree to process an EB-2 green card

    Video Transcript

    The US Department of Education maintains a list of state level agencies who can accredit programs and your university should be able to tell you who has credentials or accredited them or their programs. 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, 23...
    Question: I am working as a consultant for big client. My employer applied for my H1b extension and received an RFE, they have recently replied for my RFE and now waiting for the decision. Now my client offered me job and ready for transfer my H-1. My questions is : is it possible to transfer H-1 during RFE?
    Answer:

    Watch the Video on this FAQ: Transferring H-1B while an RFE is pending

    Video Transcript

    Yes of course, but in a situation where your company applied for your extension, let's say six months ahead of time and in the second month they got a RFE, its pending now, but you still have four months on your original H-1 still left during that time you can transfer there is no question. But what if your status has expired and the extension is pending you can still transfer, but you may have to go outside for visa stamping if on the date your transfer is approved or extension is not already 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.

  8. Tuesday, 23...
    Question: Come to US on green card EB2 (future employment base GC) consular processing. At the time of green card consular processing interview my employer offer letter mentioned my job title as “Programmer Analyst”. My employer is a consulting company and after coming to US on GC, I got my first contract project at client location (while full time with my GC sponsoring employer) with job tilte as “Architect/Project Manager”. But is it having similar job duties as my GC employment offer letter? My question is at the time of US citizenship interview will it be problem because of different job tittle between (GC offer letter and actual contact project at the client site), but similar job duties?
    Answer:

    Watch the Video on this FAQ: Change in job title after getting a green card approval

    Video Transcript:

    We would have to look at your job title and job description in the green card and see how different it is from the position you took on. Unfortunately for consular processing people, we don't have that same law - the AC21 same or similar job law. So I cannot really comment that this is going to be or not going to be a problem. Generally speaking, if you are going through Adjustment Of Status process and your I-485 has been pending 180 days, your I-140 is approved that means you are covered by the AC21 rules. In those circumstances, a change in job title to a same or similar job 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.

  9. Tuesday, 23...
    Question: 1. I have completed 6.9 years on L1A and move to H4-EAD based on my wife’s approve I-140. Now H4 EAD may go away. What option do I have to stay here and continue working (even after gap of a few months if needed) or I need to go out of US for at least 1 year and come back? <br> 2. I have already completed my 6.9 years. Can company apply H1B for me in April 2018 and I can come back to US after spending 1 year outside. I believe H1B can be applied only 6 months prior to joining that job. But I can’t start working from Oct 1st as I already completed 7 years without pending GC labor/ I-140. In that case I can apply H1B only in April 2019 and start working from October 2019?
    Answer:

    Watch the Video on this FAQ: H-4 EAD rules change and H-1B extensions rules change

    Video Transcript

    1. What you could try doing is have your green card started and you can use that to extend your H-1. 

    2. The problem is you don't have any time left on your H-1 because you have taken 6.9 years of L-1A. I think you can only do this if you start a green card process. More Questions and Answers

     

    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, 16...
    Question: While submitting application for 485, must the primary applicant be on a project? My husband is a consultant on H1B, the employer has filed for green card - should my husband in a project during the 485 submission; will a between projects situation be an issue for filing 485?
    Answer:

    Watch this Video on this FAQ: Submitting adjustment of status, form I-485, When the applicant is in between projects/not working

    Video Transcript:

    In your case, if the husband is not in a project, then it raises two issues whether the job is permanent and how is it being sustained on H-1B visa because you cannot be out of a project if you're getting paid. In a scenario, like this, it creates a certain amount of uncertainty. So the rule is if you have a PERM based you have got to have the sponsoring employer offer you a job before you file the I-485. The sponsoring employer can be present or future employer. 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: Currently I am in India, my H1-B got denied and left US. My wife is in US on the basis of change of status from H4 to B2 on humanitarian grounds due my daughter's chronic medical condition. Her B2 is still under process and if approves then good till 24th Feb'18. Since It is uncertain I will get another employer who can sponsor h1b immediately, Is there any provision for US born, parent can stay due to her undergoing intensive treatment? Can we apply for humanitarian parole?
    Answer:

    Watch the Video on this FAQ: Staying in the United States based upon medical need of child, B-2 or humanitarian parole

    Video Transcript

    If you are outside USA and your B-2 Visa is denied you can try a humanitarian parole. For more information, you can visit the USCIS link -  https://my.uscis.gov/exploremyoptions/humanitarian_parole

     

    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: I am on H1B visa and was charged with DUI(1st off, no injuries, no aggravating factors) on October 29th,2017 at 2:30 AM in Harrisburg,PA. Took breathalyzer test and also the eye test was taken. After that I was taken to the booking center for bio-metrics and blood test. After 3 hours I was allowed to go home. I have been charged with the following: Gen Imp/Inc of Driving Safely - 1st Off 10/24/2017 DUI: High Rte of Alc (Bac.10 - <.16) 1st Off 10/24/2017 Obedience to traffic control devices - hazardous condition 10/24/2017 What should be the next steps to be taken. Also how and what can be done to reduce the charges?
    Answer:

    Watch the Video on this FAQ: Implications of alcohol-related convictions, such as DUI, on immigration or H-1B

    Video Transcript

    The first thing you need to do is get an immigration lawyer involved somebody who does deportations and also try and get somebody local. As long as you are not convicted you are not guilty. 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. Wednesday,...
    Question: I came here on L1A. At the time of petition, my offer letter from my employer had a salary of $120K annually. This is $10,000 monthly. I want to know if running my payroll for less money will affect my GC process which I am planning to apply next year. Considering following situations, Will it affect my GC process which I am planning to apply after 1 year from my arrival date? 1) If my payroll is run for lesser salary e.g. in the range of $6000 to $8000? 2) If my payroll is run with (salary + bonus) to make it a total of $10,000/month (120K annually). For example salary = $6000/month and bonus = $4000/month
    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.

  14. Tuesday, 9...
    Question: I am on H1B visa in US from 2008 with employer A, and i have I-140 approved in 2011 from Employer A, Now in 2017 i am planning to change my employer to Employer B. My question: Scenario 1 : If say Employer B doesn't sponsor/start my GC/I-140 in 3 years, can my employer B use Employer A's I-140 to renew n number of times ? Scenario 2: If I didn't like employer B in future and they have not sponsored or started my GC/I-140, can i switch to Employer C ,using Employer A's I-140. Scenario 3:If I didn't like employer B in future and they have not sponsored or started my GC/I-140, then I switch to Employer A ,using Employer A's I-140 .. now do employer A again has to restart GC/I-140 ?. Scenario 4: How much of over lap of dates of employment can happen b/w Employer A and Employer B.
    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.

  15. Tuesday, 9...
    Question: I am UK citizen and had withdrawn a bank loan when I was in UK, which I did not pay back. I am on bad credit in UK. Currently I am working in USA for more than 2 years and my current employer in USA is ready to sponsor Green Card for me. My current USA employer does not know about my bad credit in UK. My Question is: During background and security check for green card process, will this loan effect my GC? Does the GC background and security check process includes financial unpaid loans/bad credits in other countries as well?
    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.

  16. Tuesday, 19...
    Question: I have received a specialty Occupation RFE. As part of the RFE I am asked to provide:<br> 1." Industry letter from other similar companies as yours" - Can you please suggest what is expected here, is a letter required from my manager or a client or some other company.<br> 2. Percentage of time spent on each duty" - I work on multiple projects and also on some internal projects. I work as a full-time employee and work in client locations as required during conducting workshops, training etc. I do not work out of client locations.How do I split the tasks?<br> 3. "level of responsibility" - what is expected here
    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.

  17. Tuesday, 19...
    Question: I have recently heard lot of news about the H4 EAD will be removed and DHS are planning to decide on it after Dec 31st 2017. How much of this is true?
    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.

  18. Tuesday, 19...
    Question: I am currently working on a GC-EAD. The I-140 was approved for title "application developer (oracle financials)" soc code 15-15051. I would like to make a lateral career change from developer to functional analyst. It will involve the same ERP software, I have picked up the skills to perform the new role while performing the previous job i.e it will be a lateral move (There are skills overlap between the two roles). Do you see any issues with doing this?
    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.

  19. Tuesday, 19...
    Question: I am considering working contract jobs while employed by a self-owned company. I am on GC-Ead (pending AOS). Considering the mandatory filing of supplement J forms in case of job change. Is there potential for rejection? Considering that it will be a brand new company and no turnover at the time of filing supplement J.
    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.

  20. Tuesday, 19...
    Question: My wife is on TN (expiry date : Oct/2019) and my two kids are on her TN as TD visa holders (expiry date : Oct/2019). I am on TN Visa (expiry date : Apr/2019) and my perm just got approved and am in the process of simultaneously activating my earlier inactivated H1B visa and filing the I-140 with the hope after few months down I will be with an approved I-140 and H1B. My wife wants to stay on TN (kids on TD) as long as possible because the employer doesn't want to sponsor H1B and moving to H4 EAD doesn't look like a smart option now due to uncertainty surrounding H4-EAD's.
    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.

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