US Immigration Questions

  1. Tuesday, 25...
    Question: Pending I-485 petition (AOS), AP&EAD approved and valid until another 6 months. I-485 petitioner went to India, on approval of AP. While in India, I-485 approved on 29/3/2017 and Card received
    Answer:

    Watch the Video on this FAQ: I-485 approved while outside the USA - travel on AP or GC

    Video Transcript

    This is a common situation where your I-485 is pending and you got your Advance Parole and you traveled outside the United States and while you were outside the United States your green card got approved and now you want to enter the USA. In a situation like this, you can enter the United States using your Advance Parole. You can also wait and get your green card delivered to you for e.g. by hand and then use that to enter the United States. But I am not sure if there is any law on that, but I know people do it. I don't think it's forbidden, but I would feel a whole lot more comfortable if people came back on their Advance 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.

  2. Friday, 21...
    Question: My son is a US citizen and he is 2 yrs old. we have OCI card (Overseas Citizen of India) for him and it is valid until March 2020. He has been staying in India for the past 1 yr with his grandparents. My question is How much duration can he live outside the US? Does US citizen have any limit for living outside the USA?
    Answer:

    Watch the Video on this FAQ: How long can a US Citizen stay outside the USA

    Video Transcript

    As long as you like. You could stay outside for thirty years and never come to the USA. You will still be a US citizen. Green card holders don't have that benefit, but US citizens do.

    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. Friday, 21...
    Question: I have my H-1 extension till 2020. I recently visited India and got visa stamped 2020 as well but while coming back as my passport validity was till Feb 2018 - I got the I94 till Feb 2018. How do I extend my I-94?
    Answer:

    Watch the Video on this FAQ: H-1 I-94 given at the airport for a duration shorter than the H-1 approval, how to extend I-94?

    Video Transcript

    Let's say you have an H-1 which was good until August and you came to the airport in January and they gave you a I-94 good only till June because your passport was expiring in June. In that case, you have two options. If your passport is renewed and your visa is still good you can go outside and come back using the approval notice and the visa on your passport. You should be given the entire time remaining given in your petition plus 10 days. 

    The second option is if you still have time on the I-94 that was given to you at the airport you can apply for an extension while you are 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.

  4. Friday, 21...
    Question: 1. I am on H-1B visa valid till sep 2018 , I came to India in November 2016 and applied for stamping of my visa here in New Delhi consulate , they kept my passport and some documents and told me it's in admin processing and will contact the client, as I was not working for that client during that time so they have rejected my visa after 3 months in January 2017 , the section they given for rejection is 212 (a) (6)(c)(i) which prohibits the issuance of visa for for fraud or willfully misinterpretation of fact. I check My USCIS online status of my H-1B says that my visa has been sent to the department of state. Will I be ever able to enter the USA ?<br> 2.How to remove this Fraud charges on me?<br> 3. I have a B1-B2 for 10 years in the year 2011, but that passport got lost in the USA, I got new passport from Indian consulate there and then I was traveling in H1-B mostly, So never bothered to inform and re-stamp my b1b2 visa from the consulate in India. How can I get my duplicate B-1/B-2 re-issued
    Answer:

    Watch the Video on this FAQ: Fraud or misrepresentation findings in visa or petition, what should you do?

    Video Transcript

    1. Yes, if you can get a 212(d)(3) waiver for a limited time or limited purposes.

    2. Make sure that this is not really an issue of fraud, get a lawyer don't expect immediate results. If you're lucky you might get this resolved in a few months, but it could take years. There is a waiver called 212(d)(3), you can look into that as well.

    3. Basically, when you change passport, you just have to go get a new B-1/B-2 stamping done. It won't be a big issue. 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: 1. Working with Employer A - but the place of employment is the end client B (on site work at Client B location). PERM and I-140 approved. At this point, If I have to move to a different client C (Same Employer A - on-site work at Client C Location) - in a different State - Same Job Title but different job duties/job description - Would that need to file PERM and I-140 one more time?<br> 2. Is there any language permitted in the LC for PERM - such as "relocation upon completion of the project" or "Job may require traveling/relocation across the USA" - so that the PERM and I-140 does not have to be filed again?
    Answer:

    Watch the Video on this FAQ: Change of Job Description / Job Location on PERM and I-140

    Video Transcript

    1. The job title and job description are different things. As for the location, that depends on the PERM. If there is a complete change in the job description and job title it is still ok if you intend to come back to the old title once the green card is approved. See how the location, the title and job description is for the future job.

    2. Yes of course. This kind of language we put all the time in the PERM application. 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. Monday, 17...
    Question: 1. My H-1B is going to end in 2019. Is it legal to change my H-1B to F-1 after that?<br> 2. In case I get admission to a college, and finish my studies within 12-16 months, can I again start with a new H-1B and how many years will I get on that?
    Answer:

    Watch the Video on this FAQ: Changing from H-1 to F-1 and back to H-1

    Video Transcript

    1. Yes.

    2. In order for you to reset the H-1clock converting to F-1 and staying within the United States is not good enough. You have to be physically outside the United States for one year otherwise the clock does not get reset. 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: I received my 3-year extension post 6 years based on approved I-140 (sponsored by employer A). I am in the 7th year of H1B and have a valid visa until 2019. I have an offer from employer B. I am told by employer B that they are going to do H1B portability and extension using my approved I-140 from my previous employer. Since the premium processing of H1B is going to be suspended starting April 3rd, my new employer B wants me to join them based on the receipt notice of the H1B transfer. I am also told that the risk I have in case of denial is I would have to leave the US and re-apply for an H1B petition from my home country. From my understanding, one can always go back to their previous employer in case of rejection of H1 transfer?
    Answer:

    Watch the Video on this FAQ: If H-1 transfer is denied, can I rejoin my old employer?

    Video Transcript

    According, to USCIS, when you are working under AC21 you are not out of status, you are in fact working according to the law and hence you should be able to join back. 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: I have an approved I-140 and a Pending I-485 (Since July 2007 Employment –Based Adjustment of Status Indian Passport Holder is submitted Application ). Since presently there is very large backlog I decided to move Canada 2009 since I am Stay in Canada and now become Canadian citizenship. <br> 1. How to switch to Adjustment of Status to Consular Processing?<br> 2. How long would it take to switch from Adjustment of Status to Consular Processing? <br> 3. How to inform to USCIS to change my citizenship Indian to Canadian.
    Answer:

    Watch the Video on this FAQ: How to change from Adjustment of Status to Consular Processing for green card

    Video Transcript

    It is very easy to convert from Consular Processing for Adjustment of Status. Just file the Adjustment of Status, but converting from Adjustment of Status to Consular Processing requires an additional processing form I-824 which requests USCIS to forward the file to Consular Processing which starts by transferring the file to NVC (National Visa Center) in New Hampshire.

    1. I-824.

    2. Maybe 8-9 months. Check the times of I-824.

    3. It becomes a part of the process. It is not that much of a big deal. 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. Monday, 10...
    Question: Do we have any more clarity whether the revoked I-140 can also be used to apply for new H-4 EAD? My I-140 was approved in 2015 but I recently changed job (after Jan 18) and was looking to apply for my wife's H4 EAD based on old I-140.
    Answer:

    Watch the Video on this FAQ: Can a revoked I-140 help for H-4 EAD?


    Video Transcript

    In a situation where an I-140 was revoked on or after January 17, 2017, and it stayed approved for 180 days, that revoked I-140 can be used to get or extend an H-4 EAD. The government has said they will extend the benefit of H-4 EAD extension to those types of I-140s even if they are revoked, extension or a new H-4 EAD. One more thing to consider is for an H-4 EAD to apply or extended it is not necessary that you must have a particular I-140. You can use any I-140's. 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. Friday, 7...
    Question: 1. Consequences if revoked (I-140) within 180 days. Benefits, if unrevoked(I-140) for 180 days and end date at work still be May 15th (or, should I ask my employer to EXTEND my end date until end-of-June so I complete my 180 days of I-140). <br> 2. How question (1) above will impact H4-EAD which is under processing. if approved before May-15th H4-EAD is still valid and can be used ?<br> 3. Does it mean after May-15th (last day at work) I have 60 days grace period to look for a new employer who sponsors my H1-B?
    Answer:

    Watch the Video on this FAQ: Consequences of I-140 revocation

    Video Transcript

    1. If I-140 is revoked within 180 days of its approval you only get to keep your Priority Date. You do not get to keep your right to extend your H-1.

    2. H-4 is completely dependent on the H-1, as long as you maintain your status I don't see any reason why the H-4 EAD cannot be used.

    3. The 16 day period is not automatic. If you were laid off due to circumstances beyond your control you can ask the government to give you the 60 day grace period. If you find a job and file H-1 within that time. 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. Friday, 7...
    Question: I am a Canadian citizen currently working in the U.S. with a TN visa. I am planning to start a Canadian business part time with a partner in Canada (also a Canadian citizen). I've read that starting a U.S. business is not allowed while I'm working in the States with a TN visa, but I cannot find sufficient information online about whether I can operate a Canadian business part time while I am in the states as a Canadian citizen.
    Answer:

    Watch the Video on this FAQ: Is it legal to do business in home country while working in the USA on a visa?

    Video Transcript

    If there is no connection with the USA and the business is conducted totally outside the USA you can certainly work 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.


  12. Wednesday,...
    Question: 1. I'm on H-1 visa and on my 8 th year ...visa is getting extended based on I-140 approved. I'm getting an offer to join different company end client(currently I'm with the consulting company) designation not decided yet. In my current employer, I am manager and wondering if I get a different position in other company like Director or solution architect or Sr Manager...and if I join that company what effect that will make on my current approved I 140 or GC process. Is this safe to jump? I heard job category needs to be same or similar in various forums for PERM but I don't have clarity or understanding what that rule is and....how that thing impact my situation.<br> 2. I have not filed I-485 yet since my priority date is back in 2013 in EB2. Also, my wife has H-4 EAD does that impact as well?
    Answer:

    Watch the Video on this FAQ: Do jobs have to be same or similar when I port my priority date?

    Video Transcript

    1. When you port the whole job; I-485 is pending 180-days, jobs have to be same or similar. When you are just porting the Priority Date in the I-140, jobs can be completely different. You have to start the green card from the PERM process, but when you are just porting the Priority Date there is no problem.

    2. The answer is No. As long as you are maintaining your H-1 status and she is maintaining her H-4 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.

  13. Wednesday,...
    Question: 1. Am I allowed to travel to the USA as a B-1 business visitor? How many times in a year and for how long can I stay in the US for my business trip?<br> 2. What kind of paperwork would I be asked to show at the port of entry?<br> 3. B-1/B-2 visa stamp is valid until 2026; Do I need to renew it every time before travelling to the US by going to the US consulate or any other office?
    Answer:

    Watch the Video on this FAQ: Doing business in the USA on a B-1/B-2 visa


    Video Transcript

    1. B-1/B-2 are mixed used visas. You can do pretty much everything on these visas. <br>

    2. They can ask you why you are in the USA. Remember, just because you have a visa does not mean that your entry into the USA is guaranteed. The government would still want to know why you are in the US.<br>

    3. You do not have to renew your visa. It is good till 2026. 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, 4...
    Question: 1. Had H-1B petition approved in 2015 through consular processing while residing outside the USA? But did not get stamped for H-1 but came to the USA on H4 visa. Currently working as an employee on H-4-EAD. Can I change my status to H-1B from H-4, If Yes - Will it be treated outside H-1B Cap?<br> 2. Do I have to leave the country and get stamped and re-enter with H-1B status?<br> 3. Will I get a new I-94 with latest 1 yr or 3 yrs approval? <br> 4. How many days will the process take to change status?<br> 5. Can I continue working while the COS is in progress or pending with USICS as I would like to continue working without a break? Also, do I have to go back to the same petitioner who applied for H-1B visa or can I transfer it to a different employer?
    Answer:

    Watch the Video on this FAQ: H-4 EAD changing back to H-1

    Video Transcript

    1. That's uncertain. If you are outside the USA and you got your H-1B but you didn't get it stamped, will consider you still subject to the quota. I personally think if they say you can't get an exemption from the quota and you got to get a visa stamping there is really no support in law for that viewpoint. So you can try that's all I can tell you.

    2. You don't have to leave USA to get H-1B status if you are maintaining H-4 status.

    3. If you got three years remaining on your H-1 or more you will get a three-year H-1 and if the project is for 3 years.

    4. Many months.

    5. If your EAD is valid until your H-4 is changed to H-1 you can continue working. Once you are exempt from the quota you don't have to go back to the same 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.

  15. Tuesday, 4...
    Question: 1. With my approved I-140 from Company B can Company C use that to file my extension for 3 years. I have a copy of approved I-140. Is it safe to change companies in the 6th year. <br> 2. Using the approved I-140, I have filed H4-EAD for my spouse in Feb 2017 and is yet to receive the EAD approval. If I get it will be only valid till Nov 2017 based on current I-797 validity. So, if H1-B is approved for Company C, can I file extension of H4-EAD 120 days before validity based on that approval. If EAD is provided, it is going to expire on Nov 2017 based on the H1-B's current I-797.<br>
    Answer:

    Watch the Video on this FAQ: Changing employers after 6 years of H-1 are over

    Video Transcript

    1.Yes you can file for an extension. That's all you need a copy of the approved I-140. It is safe to change companies. The law is once your I-140 is approved and stays approved for 180 days, even if your old employer revokes your I-140 you have the right to keep extending your H-1 through any employer.

    2. I think you can apply 180 days. The new regulations allow you to file for EAD extension 180 days ahead of time. Have it double checked. It is not a guaranteed right but USCIS has said that they will accept that unless they post it differently on their website. So always double check the information. 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. Friday, 31...
    Question: 1. Is there any legal restriction to have two H-1B petitions from totally unrelated employers in the lottery to double my chances of getting H-1B?<br> 2. I do not intend to inform both the companies. Will they ever know that another company has also filed H1B on my behalf?<br> 3. What will happen in case both my H-1B petitions are approved (chances are rare). Can I join any company? <br> 4. I also want to ask, is there any possibility USCIS can trigger RFE or NOID in case both H-1B petitions get approved?
    Answer:

    Watch the Video on this FAQ: Filing two quota H-1 petitions simultaneously through different companies


    Video Transcript

    1. You can file two H-1B petitions simultaneously. When you are filling a quota H-1 more than one company can file, but the company shouldn't be related to each other. If the company is related you have the risk of being denied both applications. But if they are totally different companies you can have as many as three thousand H-1's filed and nobody cares.

    2. Look at form I-129 and the supplement H. For sure the first company who has filed would not know and I don't think so any of the companies would find out about the other company. It depends entirely on the language of the questions on form I-129 and supplement H. You can double check this. They don't require to disclose pending filings only approved cases.

    3. If both H-1B's are approved, you can join any company. One company's approval does not overrule the others. The only thing I would say is to be careful if you have signed some kind of a reimbursement agreement that you will reimburse them X dollars for liquidated damages if you don't join. You might have a legal issue from the contract side, but from the immigration side, I don't see a problem.

    4. I don't think so unless they want to check if the companies are related that could certainly be a possibility. That's one way they could find 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.

  17. Thursday,...
    Question: 1. Does the new 60 day grace period for H-1Bs apply to one after quitting their job ? Or is it only applied to situations only in the cases where the employer terminates the job?<br> 2. I am on H-1B and plan to quit my job and move back to India, I would need 3-4 weeks to wrap up things here after quitting the job. I am trying to see if I can use this 60 day grace period.
    Answer:

    Watch the Video on this FAQ: Does the H-1 60 days grace period apply when one quits a job?

    Video Transcript

    1. According to the regulations what my best guess is it was reserved for those circumstances where you had no choice but to be out of status, but if you quit voluntarily I don't think you can claim the 60 day grace period.

    2. Apply for a B-1 or B-2 visa, change of status before you quit your current job. It takes them 4-5 months just to decide on that application and as long as that application is pending you are not illegal in the United States as you are in an authorized period of stay. Carry a copy of that application and the receipt always to make sure if ever that question comes up about your stay. 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. Wednesday,...
    Question: I have worked for a company A and my I-140 was approved with PD of 2013. I worked another 7 months in the same company after I-140 approval and then moved to a new company with a similar profile. As far as I know, my I-140 has not been revoked. The new company B has also started Perm processing to get I-140 approved. I am working in Company B for almost a year now, and I would like to go back to my previous employer A. Can I rejoin Company A and pick up I-140 from there without restarting another PERM filing? Company A would like to take me back? Do I have to start the process all over again?
    Answer:

    Watch the Video FAQ: Can I go back and join an employer who has my I-140 approval, but I left them

    Video Transcript

    Yes, you can go back to your old employer, but again as long as the job was continuing to exist you can go back to the I-140 employer and you can pick it up from the I-140 process 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.

  19. Tuesday, 28...
    Question: Working for the same company for 9+ years (7 yrs in the USA and since last 2 years in India Development Center for the same company). I received my GC in June 2016 and have got the physical cards delivered to me in India. Lost my father in Nov 2016. More than 9 months passed since GC - never traveled on GC so far or worked for the Sponsoring employer even for 1 day in the USA. I want to work and live in the US but for immediate time (next 1 to 2 years) I need to spend more time in India to console and support my grieving mother. My current company does not have any immediate work for me in the US. I am looking for options outside my company to come back to the USA. I am also considering an opportunity local in India.
    Answer:

    Watch the Video on this FAQ: What if I never joined the employer who sponsored me for green card?



    Video Transcript

    I believe your circumstances are so unique I think what you could do is at least come to the United States as early as you can and take up that job even if it is for a few pay periods with the intention to stay in the United States as much as possible. You can also bring your mother on a tourist visa and keep extending that as well. At the very least you should come to the United States present yourself for work, whether you do it through an email or whatever method and if the company says they don't have a job right now at least you have some hook to the argument that you had presented yourself and they didn't have a job for you. I think you will be able to keep your green card safe eventually is my guess.

     

    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, 28...
    Question: We are on H (H-1B and H-4). For I-94, Arrival-Departure Record, can a printout from the web sufficient? We have US driver's licence, which we carry all the time. Do we need to carry original I-797A all the time?
    Answer:

    You must carry the I-94 printout at all times. A photo ID is also important. The evidence of status COULD be in the forms of copies, I think. It is not required, but I recommend you do carry it.

    For more on this issue watch this video.

     

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