US Immigration Questions

  1. Friday, 24...
    Question: I have an approved I-140 with PD 2013. My wife works on H-4 EAD based on my I-140. If I join another company with my I-140(say I get H-1, my wife's H-4 and EAD for 3 years), Would it be fine if she continues to work on that EAD even if my I-140 gets revoked/withdrawn after H-1 approval.
    Answer:

    USCIS has said if an I-140 is revoked, they reserve the right to revoke the H-4 EAD. So far, they have not been revoking.

  2. Tuesday, 7...
    Question: Today I have got denial on my I-485. Reason stated was "According to Visa Bulletin in effect on the date this application was filed , a visa was not available based on your established priority date and specific preference category" My category is EB2. Date of filing for this category is 1st July 2009. My priority date is 10th December 2008. I filed 485 application on 1/19/2016 and got receipt notice on 1/29/2016 I did my finger printing on 03/16/2016 based on USCIS schedule I and my family members also got EAD on 03/23/2016 I was surprised to see today’s denial reason. I filed 485 application based on Dates for Filing .e. 1st July 2009 for EB2 category. Not sure why they denied my case since Final action date is not current but I am sure I am eligible to file my application based on date of filing. Is there any way to appeal on this decision ? If appeal gets denied again is there any impact on my current H1B status ?
    Answer:

    FAQ: Remedy for denial of I-485 AOS

    Video Transcript: When you filed and the government says the priority date is not current then that's a question of fact. If they have mistakenly identified this petition as untimely filed you can definitely file an MTR (there is no appeal against an I-485 denial) and get it reopened, but if they are correct then have a lawyer review your case.

    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: I got married in May last year and my wife was born in Malaysia . I was on H-1B with I-140 approved then and learnt about cross chargeability and filed for green card in June, we both got our green card in October. Things are not going well with marriage and my wife moved to NY and she is thinking of getting divorce. If divorce does happen does this affect mine or her green card?
    Answer:

    Watch Video: Effect of divorce on an employment-based case and cross-chargeability

    Video Transcript: As long as the marriage was in good faith and you just did'nt do it to get cross chargeability benefit then there is no problem in a divorce and that will not have an effect on her green card or yours. Both principal and beneficiary can opt out of processing the green card for their spouse if there is a split-up.

    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, 31...
    Question: Can I apply for STEM OPT, if I work for a E-Verified staffing agency (similar to Aerotek, Kelly services) on contract basis that is related to my STEM field of education at a client location ?. (I along with staffing agency will fill out I983 form) <br> I read online that USCIS has regulated "Certain Types of Employment" for STEM OPT in this new rule. So am worried that working for a staffing company at a client company location is therefore invalid :/ ((If so, I think then all the staffing companies would suffer as well))<br> I have attached hereby the snippet from Federal Register:<br> """"""There are several aspects of the STEM OPT extension that do not make it apt for certain types of arrangements, including multiple employer arrangements, sole proprietorships, employment through “temp” agencies, employment through consulting firm arrangements that provide labor for hire, and other relationships that do not constitute a bona fide employer-employee relationship. One concern arises from the difficulty individuals employed through such arrangements would face in complying with, among other things, the training plan requirements of this rule. Another concern is the potential for visa fraud arising from such arrangements. Furthermore, evaluating the merits of such arrangements would be difficult and create additional burdens for DSOs. Accordingly, DHS clarifies that students cannot qualify for STEM OPT extensions unless they will be bona fide employees of the employer signing the Training Plan, and the employer that signs the Training Plan must be the same entity that employs the student and provides the practical training experience. DHS recognizes that this outcome is a departure from SEVP's April 23, 2010 Policy Guidance (1004-03).""""" <br> It would be really helpful if you could explain what the above paragraph means.
    Answer:

    Watch Video: STEM OPT extension for consulting or staffing companies

    Video Transcript: Basically what the government is saying is that if you have staffing arrangement or a consulting arrangement and you are not directly supervising the employee who is on OPT STEM extension on the site where they are working then you should not be filing for their STEM OPT extension. So far this is what we know of the USCIS comments. I have not heard anything different from USCIS so far. 

    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, 30...
    Question: I have PERM approved and I-140 filed in regular processing by my current employer "A". I have got an opportunity from employer "B" and then told they will process my GC as fresh application. I have 17 months left on my H-1B visa. <br> 1. In pending approval of I-140. will I get the extension of 3 years from USCIS when employer "B" initiate the transfer ? OR Will I get the H-1B transfer extension till max out ?<br> 2. Is it recommendable to switch now in between of pending approval process of I-140?<br> 3. Will leaving in between of pending process impact me in future when employer "B" files my GC once again ?
    Answer:

    Watch Video: Changing jobs after I-140 approval

    Video Transcript:  Under the current laws, if you change jobs after I-140 approval you keep your priority date, but you lose your right to H-1 extensions beyond what is given if your old employer revokes/withdraws the I-140.

    Now answering your questions

    Answer 1.No, you will get an H-1B extension for the time remaining and you can actually claim one year extra if your PERM was filed more than a year ago. But you will get only three years if the I-140 is approved. Not if it is pending. 

    Answer 2. I don't recommend it. I think you should get your I-140 premiums, get it approved and then leave if you want to.

    Answer 3. I don't think that is a major issue, but do talk to your lawyers. Hence it makes sense in my view not to change until the I-140 is approved. 


    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. Friday, 27...
    Question: On December 18th 2015 I came back to USA on H-4, at that time my old passport was expiring on September 19th 2015 so the Immigration Officer approved my I-94 until September 19. Later I applied for H-1 and it got approved on Feb 2nd 2016 and my H-1 is valid until Ending Validity Date: 12/19/18 with I-94 number in it. I renewed my passport now and I have validity until 2026. Question: Do I have to go for stamping again to extend my I-94 validity? Or since I got new I-94 with my H-1B is that good enough.
    Answer:

    Watch Video: I-94 given for duration shorter than entitled

    Video Transcript: In this case there is one piece of information missing as in I do not know how long your I-94 was expired, how much is the difference between expiration of the old or the H-4/I-94 that was given to you during your last entry and the H-1 approval date beginning. So if that gap is more than 180 days you should consult with your lawyers or have a consultation with us if you like. But that needs to be evaluated very carefully because that has many ramifications. Remember errors made by CBP (Customs and Border Protection) can be corrected by just going back to the port or one of the many CBP offices all over the country. 

     

    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. Friday, 27...
    Question: I was a student on F-1 (MS), and I got my H-1B two years ago. My company has started GC process and already got my I-140 approved. But I want to go back to school this fall (law school), which means I'll have to change my status back to F-1 again.
    Answer:

    Watch Video: Changing back to F-1 student status after filing for green card


    Video Transcript:
    If you have exhibited immigrant intent, getting F-1 status should be very difficult. So it is correct that when you have exhibited an immigrant intent the government or the counsellor officers can take the position that you have basically taken yourself out of consideration for a non immigrant visa like a student visa. 

    Theoretically at least your chances are made worse because of the green card. I don't think withdrawal of the I-140 necessary helps.

    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: I have BSc., [Maths] – 3 yrs degree + MSc., [Computer Science] – 2 yrs degree in India Grade A Universities and 11 years exp in IT industry applied I-140 under EB2 category. Last week I got the RFE like below. I can provide my legal name change evidence. Please see the RFE description and labor certification details below. <br> "Is USCIS not certain that I have met the educational requirements of the labor certification position"? I can see only one statement that "USCIS is unable to determine if the beneficiary has met the educational requirements "Once I have documentation that NEW NAME and OLD NAME are the same person, will USCIS accept my educational documents?
    Answer:

    Watch Video: Name variation in diploma or degree, name change for immigration


    Video TranscriptOne of the easiest way to remedy is to actually get a decree from the local court. You can just contact the local court system and tell them you want to do a change of name. They will typically give you some paper work to fill out and then you advertise in the newspaper and then you can show it to USCIS but of course then you have to take care of your passport, social security number. It is a little bit of a hassle but needs to be done. 


    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: My current status is AOS (Advance Parole) based on an employment-based EB3 green card filing with a PD of April 2007. I am an Indian citizen. My H-1B expired in 2007 and since then I have been working in the US on my EAD. My parents have found a prospective bride in India, so I am looking to get married soon and have her accompany me to the US after marriage. She does not have a US Visa. I have not found any information from any venue of getting married to an Indian girl from India in my current immigration status, except for hearing about Form I-824. Could you speak towards or confirm if indeed this is the process/procedure and its success rate or any caveat : filing Form I-824 to have my future wife added as a dependent to my pending AOS application, while she is still in India? And then subsequently filing my next I- 765 application and adding her as a dependent/spouse on the application. Once the EAD cards arrive then traveling to India and she could travel back to the US on her new EAD card?
    Answer:

    Watch Video: Getting married when AOS I-485 is pending (following to join and other options)

     

    Video Transcript: As per the law if you have an employment based case pending and you are married on the date your green card is approved, she is entitled to come through you through the same priority date and through a much shorter process called following to join. 

    What is following to join?

    Lets say you are here and your spouse is in India you will file form I-824 and request the government to send her papers to the consulate and that can take time. But this is processing time. It can take 6-10 months. But eventually she gets processed through an interview in the consulate following to join.

    In the above situation H-1/H-4 is the only option because unless she is in USA in legal status she can't file adjustment of status. When you are outside you can do only following to join.

    Get your H-1 stamping done and also her H-4 done. Both of you travel to USA on H-1 and H-4. If your priority date is current when you land you can file for her I-485 otherwise she can stay on H-4 and you can stay on H-1.

     

     

    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, 19...
    Question: A couple of questions on Gap in status:<br> 1. I am on H-1B and my project/job is going to end on April 29,2016 (Friday). I have my H-4 approved effective May 2, 2016. I will get salary slip from 1 April to 30 April. Do I need to have salary slip for May 1, 2016 (which is a Sunday) to maintain H-1B/ legal status (considering that I won't be getting May 1 to May 31 salary slip).<br> 2. I am currently on H-1B and have an approved H-4 Effective 15 July 2016. As part of my H-4 application (which I had filed along with my spouse extension) , I had requested USCIS to give me H-4 effective date of 13 May 2016 as my project was going to end on 13 May 2016. But, the request was not honoured and USCIS responded citing the reason "Since the beneficiary of the I-539 and I-765 will change status, we cannot give an earlier start date than what is shown on the I-129 approval notice." If my project ends on 13 May 2016 , should I leave the country as my H-4 effective start date is 15 July 2016 to maintain legal status ?
    Answer:

    Watch Video: Gap in Status


    Video Transcript:

    Answer 1: These kinds of de minimis small gaps are sometimes  even a product of the way the government works. In your case I don't think it is going to be a problem. Technically yes even for one day being out of status the government can say you are out of status, but when they have already approved your status I don't think this is going to be a major issue. 

    Answer 2: I personally think it is still not a big issue because  if you got the H-4 already with an I-94 attached I doubt if the government is going to make an issue out of it. But you can do another thing. You can file a tourist visa to cover you for those two months but make sure it does not go beyond July 14. Other wise your status will be changed to B. So you could do a stop gap kind of arrangement or you could leave USA for a couple of months. But even if you stayed I doubt whether it is going to be an issue. 


    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: I am currently on H-1B(Valid till Sep 2018) with approved I-140 for Company A and spouse has H-4 EAD (valid till Sep 2018). My question is, if I switch my job to a company B. Can my spouse continue working with the current H-4 EAD (which is valid till sep 2018)?Will it cause any issue during next H-4/EAD extension?
    Answer:

    Watch Video: Does H-4 EAD have to be applied again if H-1 changes jobs?

    Video Transcript: The answer is of course not. The only time you have to worry is if you fall out of status. As long as you are maintaining status every time you change jobs her H-4 and H-4 EAD is good until her H-4 and H-4 EAD is about to expire there is nothing else you got to do. She can continue working and she need not change H-4 every time you change H-1.

     

    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. Tuesday, 5...
    Question: My Spouse is on H-4 and has a Valid H-4 stamped till Jan 16 2017. I am planning to apply H-1 for my Spouse through an Employer this year. Is it advisable to travel to India while her H-1B is in Process? What will be the implications if she travels to India?
    Answer:

    Watch Video: Travel while H-1 COS is pending

    Video Transcipt: Whenever you are on one status and you apply for another status, like from F-1 to H-1, from H-1 to H-4 or from tourist visa to student visa, anytime you have a situation where you are going from one status to another your application with the government has two requests implicitly contained in your application. One request is find me eligible for the status I am asking for. When I go from H-4 to H-1 I tell the government (USCIS) can you please hold me to be eligible to receive H-1 and if they say yes then you go on to the next step.

    Next step is actual change of status. So not only do I want to be held eligible for H-1, I want you to then change my status to H-1. So there are two applications within that one application when you file for going from one status to another. One is the determination and the other one is the change. When you travel outside USA generically speaking there can be exceptions. Generically and generally speaking your application for determination is not invalid but your change of status is invalid. So what does that do. Let's say I am on H-4 like the questionnaires wife is and they file for my H-1 change of status, I travel to India or Switzerland where ever I want to go and I come back. Government will give me my H-1 if it is approved, but they won't give me status change from H-4 to H-1. I am still on H-4, my H-1 is approved but only the determination has been issued that I am entitled to an H-1. Now I have two choices either I cannot apply for change of status from H-4 to H-1, because by traveling out I abandoned that part. I didn't abandon my determination request but I abandoned my change of status. The second option is to go to a consulate and get a visa stamping and come. So if she travels she has to do one of these two things when she comes back. She won't have to wait outside the USA if she doesn't want to. She can come back on H-4. 

    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. Tuesday, 5...
    Question: My amendment has been filed by my company in Aug15 but not approved yet. Now I want to travel to India in month of April & get back in same month . after coming back H1B extension will be filed by company. My question is can they create any problem on my return since my visa is about to expire in June 2016 & amendment is not approved yet.
    Answer:

    Watch Video: H-1 entering USA when visa is about to expire

    Video Transcript: You can enter the United States even if you have one day left on your visa. There could be questions as to how long you are going to stay, how are you going to stay, if the employer has already filed an extension and what is the process of filing the extension., and if these questions are answered brilliantly and completely you will not have a problem. Nevertheless you are allowed to enter the United States under the law even if you have one day remaining in the visa stamping.

    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. Thursday, 3...
    Question: Using an existing approved I-140, can a H-1B be renewed any number of times, with new/multiple different employers, even without restarting any paperwork for GC with the new employer?
    Answer:

    Yes, as long as the I-140 is not revoked.

  15. Thursday, 3...
    Question: My wife has H-4 plus EAD. If my job details changes, will my wife's EAD will be affected?
    Answer:

    As long as appropriate H-1 amendments are filed and you maintain status, the change in your job description has no effect on the H-4 EAD. 

  16. Tuesday, 26...
    Question: The physician group I'm talking with are looking to hire me on to work alongside them, and they would not actually pay me a direct salary. I would bill insurance for each patient seen, and the practice would take a certain percentage and give me the rest. Would this be allowed? Or do I have to actually receive a salary from the future employer? My understanding is that as long as the potential employer can show the ability to pay the prevailing wage via a business income tax return, that is all that is needed. Whether or not I actually get paid and how much I get paid once the green card is approved, is irrelevant, correct?
    Answer:

    First of all generally speaking, for H-1 and for green card your salary cannot include terms that are variable. So for instance if you get a yearly bonus, but the bonus changes from year to year you cannot include that as a part of your salary. Salary cannot include per diem. A lot of companies and a lot of employees get stuck with a lot of problems because per diem is set up as part of the salary. Per diem is not salary. Benefits are not salary. So all three of these items are big problems when you talk about H-1 and green card salaries. You cannot include benefits, You cannot include per diem and you cannot include variable amounts such as bonuses. if the bonus is guaranteed, in terms of the amount then you can include it otherwise but this is not salary.   

    But how about a percentage?... In PERM for sure you cannot have this arrangement because this is not a fixed amount. Green card is a job in the future and what if you have a different set up now and another set up when you actually get the green card, I think that's ok but the  problem is if you are in H-1 this actually offends H-1 as well.  


    Watch Video from Rajiv S. Khanna's conference call that addresses this issue


     


     Note: The answer 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. Monday, 11...
    Question:
    Answer:

    Question 1: Redo the PERM or just the I-140. If redoing the PERM again then what's new in this regulation? 

    Answer: After 180 days, you can extend H-1 even if 140 is withdrawn.

    Question 2: It seems that there is no easy provision for EAD/AP for approved 140 applicants. So is there any point in waiting for this rule or Should I consider Visa stamping is only option for traveling outside US? Please suggest as I waited for a year or long thought they are going to give AP.

    Answer: Your observation about EAD/AP is correct- no easier. I will be surprised if USCIS changes these proposed rules in any significant manner when they finalize.

    Question 3: If I have consumed my 6 years of H-1B and I have approved I-140. If I go to India and of some reason I got stuck in India. After a while I want some other employer to file my H-1B petition other then with approved I-140 employer. Do the new employer can apply for my new H1b cap exempt petition based on approved i-140 from my old employer. OR New H-1B petition from the new employer comes under H-1 cap count?

    Answer: You have raised two separate issues. One, the I-140 can be used to extend your H-1 through ANY employer, if it is not withdrawn within 180 days of approval. Two, you are exempt from H-1 cap if your H-1 was approved any time within the last 6 years.

    Question 4: Is there any provision for promotions internally within a company that filed the petition and the I-140 is approved more than 180 days previously?

    Answer: These regs will only clarify (I am not sure they really do that) what "same or similar" jobs are. That concept is crucial when your I-140 has been approved and I-485 has been pending 180 days. At that time, you can accept a same or similar job anywhere, including within the same company, and NOT have to start your green card all over again. That comes under the topic of AC21 portability.

    Question 5: Is direct portability of I-140 across multiple employers, ever possible. because I-140 is a property of the Employer and not the Employee (unlike 1-485) ?.Can we suggest any other creative options, of working around this legal hurdle. a. Can PERM be made portable across multiple employers. So employees donot have to go through the hassle of the PERM filing, repeatedly. This will save, almost 4 months of pre PERM filing effort and another 8-10 months of PERM processing window.

    b. Or, can the I 140 be made an Employee’s property after 180 days it is approved. If that can be done then portability of the same may be legally possible across different Employers

    Answer: The Priority date IS the "property" of the employee, NOT of the employer. So, an employee can port it to any job, anywhere, any number of times. But, I do not think they are excusing us from having to refile the PERM.

    Question 6: Does the 60 day grace period is accepted in this case; H-1 Ext filed before expiry of I-94, then Current H-1 and I-94 expired, then H-1 Ext denied. Can we use 60 day grace period for filing new H-1 with new employer? In what cases does this 10 day validity before and after petition dates is used. The 60-day grace period appears to apply only in those cases where an approved H-1 employment abruptly comes to an end. The proposed regs say, upto 60 days may be given: "on the basis of the cessation of the employment on which the alien’s classification was based".

    Answer: The 10 days allow you enter (but, not work) upto 10 days before the date your "validity period" (approval of petition) begins, and another 10 days to leave the USA (but, not work), after that period ends.

    Question 7: Emp A - I-140 Approved and Moved to Emp B. Got i-140 with Emp B and priority date retained. submitted Emp A Experience letter while fling PERM. Now I want to move to Emp C. Do I still need to get experience letter from Emp B? If I am not able to get experience letter from Emp B, Can Emp C file PERM. if so and filed new PERM and I-140 with Emp C, Can I still retain priority date even though if its not same or similar job?

    Answer: There are two fundamental principles that you need to apply to your case:

    1. Priority date transfer does NOT require that your jobs must be same or similar.

    2. Experience letters are NOT required for priority date transfer or retention. 

    Question 8: Now that it is clear that there is almost nothing much in the so called reform, how can the immigrant community represent themselves forcefully, while the public comment period is in place? I understand that each one of us can go and put our comments, but is your firm, or someone else, planning to represent us? For lack of proper words, these so called reforms are a piece of trash, and only done to pretend as if reforms are taking place. It could not be worse actually. 

    Answer: There is a limit on what USCIS can do without action from the Congress. You can certainly write your comments and several organizations will place their comments on the record as well. NORMALLY, USCIS does not change the rules much once they have been proposed. I think US immigration policy in "skilled" immigration is distressingly short-sighted. Our adopted country does not recognize the value brought in by us.

    Question 9: My I-140 already withdrawn/revoked after 180 days of initial approval date. Now after implements new rule, will it apply for my case to extend my H-1 beyond 6 years?

    Answer: I cannot say for sure whether USCIS intends to apply these rules retroactively. I hope they do. 

    Question 10: Can you comment on what date will this become effective ? Is it after the comment period is over?

    Answer: The effective date is unpredictable. Usually, it is a few months after the comments are over. 

    Question 11: I need to clarify regarding the I-140 EAD for H-4. If the principal applicant has I-140 approved but the priority date for that category and country in the visa bulletin is more than 10 years back, Can the dependents, such as H-4, apply for I-140 EAD without the documentation for compelling evidence? If no, what are the examples of compelling evidence?I think the regulation does very little incremental for the EB categories. As mentioned, it provides clarification rather than provide more flexibility to the household or family of EB categories. I am disappointed with the revisions that have been made.Also, the compelling evidence was not required till now. What happens to those H-4 EADs which were issued since USCIS started applications from May 27, 2015? How would those H-4 EADs which are approved on the basis of I-140 approval of principal applicant be dissolved?Also, if the spouse moves from H-4 to H-4 EAD. Can he/she move from H-4 EAD to H-1B or any other non-immigrant category? Does the form I-539 allows movement among all categories?

    Answer: H-4 EAD does NOT require compelling evidence. That is a different rule: http://www.immigration.com/blogs/form-i-140-form-i-765/h-4-ead-rule-cont...

    I-594 does allow movement between all categories. H-4 to H-1 is definitely no problem. I agree; I am not too thrilled with the regs. But there is a limit to what Pres. Obama can do, folks. 

  18. Friday, 8...
    Question: What documents, identification, and paperwork does a U.S. citizen need to travel internationally?
    Answer:

    If you are traveling in the Western Hemisphere (Canada, Mexico, Caribbean, Central and South America):

    Air Travel:  All U.S. citizens departing from or entering the United States from within the Western Hemisphere by air are required to present a valid passport or NEXUS card (if utilizing a NEXUS kiosk when departing from a designated Canadian airport). Merchant Mariner Document (for U.S. citizens on official maritime business.) U.S. Military identification card when traveling on official orders;   Note that children are also required to present their own passport when traveling by air.

    Land or Sea Travel:  U.S. citizens entering the United States by land or sea are required to present a valid WHTI-compliant document, which include:

    • U.S. Passports
    • U.S. Passport Cards
    • Enhanced Driver's Licenses
    • Trusted Traveler Cards (Global Entry*, NEXUS, SENTRI, or FAST)
    • Military Identification Cards (for members of the U.S. armed forces on official orders)
    • U.S. Merchant Mariner Document (for U.S. citizens on official maritime business)

    *The Global Entry (GE) card is only an ENTRY document and may not be used to enter Canada, Mexico or Adjacent Island.

    Military personnel traveling under orders may present photo ID and orders.  Family members must present a passport (with the exception of children 15 and younger arriving by land or sea.)

    Children:  U.S. citizen children ages 15 and under arriving by land or sea from a contiguous territory may present an original orcopy of his or her birth certificate (issued by the Vital Records Department in the state where he or she was born), a Consular Report of Birth Abroad, or a Naturalization Certificate.  If the child is a newborn and the actual birth certificate has not arrived from the Vital Records Department, the center will accept a Hospital issued birth certificate.

    Groups of Children:  U.S. citizen children between the ages of 16-18 arriving by land or sea from contiguous territory and traveling with an adult supervised school group, religious group, social or cultural organization, or sports team, may also present an original or copy of his or her birth certificate, a Consular Report of Birth Abroad, or a Naturalization Certificate.

    For documentation requirements regarding cruises see  Frequently Asked Question "What Documents do I need for Cruises"

  19. Tuesday, 22...
    Question: I saw some online forums stating that if I-140 withdrawn you can retain your PD date. Is it true under current circumstances? What is difference between I-140 Withdraw vs I-140 Revoke? If both are not the same, in which cases employers to for withdraw.
    Answer:

    See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

    https://youtu.be/Gl2WiBEALtk?t=273

    FAQ Transcript:

    A revocation means, an I-140 was approved and then cancelled. So revocation means there was an approval first. If a case has never been approved, it cannot be revoked. It can only be withdrawn or it can be denied.

    Let’s say for e.g.: I file your I-140, and USCIS says we deny this case as there are problems that’s a denial. Everybody understands that. So I file your case (I am your employer) before the case gets approved I send a cancellation request that’s a withdrawal. My case gets approved then I write to the USCIS and say I want to cancel this case that is a revocation.

    Another circumstance of revocation is when USCIS says we approved this case and they can go back and issue a notice of intent to revoke the case. Or if they find any fraud which is a very serious matter that should never be ignored that has criminal complications, that on an employee can operate as a permanent bar from entering the US. 

    Therefore, when a case is approved and then cancelled out it is a revocation, whether it is done by the employer or the government, if the case is still pending it can only be withdrawn or denied.

  20. Tuesday, 22...
    Question: I am Canadian citizen and got job offer in USA and going to work on TN visa. They are going to employ me as an independent contractor and are going pay using 1099. Can TN workers work as an independent contractor? Is this something valid and can I accept this one?
    Answer:

    See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

    https://youtu.be/Gl2WiBEALtk?t=68

    FAQ Transcript:

    A TN can be set up in one of the two ways. Either a US employer directly offers employment to a professional from Canada or Mexico, and they come in as a Treaty National. So direct employment, simplest case W2. They are a full employee of the company, US employer, so that part is easy to understand.

    The second way to set up a TN if for e.g.  there is a company in Canada, there is a company in USA, the company in USA contracts with the company in Canada, and it says you send employee xyz to us to work, and we will pay you and you pay the employees the salary. In that case the US company is sending out a 1099 to the Canadian company. Another easy one to understand.

    Problematic cases are those were the Canadian worker is being sponsored by the US company and the US company wants to put them on a 1099. I think that is not a good idea. Lot of employers have said as long as employer employee relationship exists you can file a 1099 and that to me is a little short-sighted. Reason being because the difference between an independent contractor and an employee is the degree of control. If you are maintaining control as an employer, then IRS could get you in trouble. IRS could say you should be putting this person on W2, deducting their social security taxes, other benefits, you have to put them on W2, you can’t have them on 1099. So remember you have to balance control under immigration law, with control under taxation laws otherwise you could get into a lot of trouble. 

    Short answer I don’t know how you can comply with US laws when a TN worker works on a 1099 on a US sponsored job.

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