US Immigration Questions

  1. Friday, 19...
    Question: My wife has received her L-2 visa. She plans to continue with her US branch of her India employer once she lands in the US and gets her EAD. However for the period while she is US waiting for her EAD to come in, can she continue to be employed with her employer in India and keep receiving paychecks in India, while technically not working for any US based employer prior to getting her EAD?
    Answer:

    Watch the Video on this FAQ: Is it legal to work for a foreign-based company in the USA?

    Video Transcript:

    In my view, if your wife has come here on L-2 visa and she wants to continue working I would wait till her EAD because I just don't like to have that grey area. I would not want her to continue getting her paychecks. I have had other colleagues of mine say if the business work for which she is working has nothing to do with the USA, they have no clients in the USA, they are receiving no money from the USA, they are not channeling any money through the USA that it is OK to work for this company in the USA while you are getting paid abroad. I have my doubts so my advice will be not to. More..


    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  2. Tuesday, 9...
    Question: Lost job recently. Was working on H1B. I am trying to understand how much time I have effectively to find another job and have the H1B filed by next employer. Is it necessary that the H1B “start date” in the I-129 petition be within the 60-day mark ( the grace period) from the last day of job in order for USCIS to grant H1B approval after a layoff?
    Answer:

    Watch the Video on this FAQ: H-1B 60 days grace period explained

    Video Transcript

    The 60 day grace period is not a right, it is something you ask the government for. If you got unexpectedly laid off or something of that nature happened beyond your control you can request the government when to file for an H-1 transfer even though you were out of status for 45 to 50 days. You should request the government to give you status without having to leave the USA.  Once you file the application and get a receipt you can start working. AC21 does protect you under this rule. More


    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  3. Tuesday, 9...
    Question: I stayed with my last employer more than 6 months after I-140 was approved. My employer revoked I-140 but I can retain my priority date. Now, I am filing I-140 again with a new employer. Will I have stay with my current employer more than 6 months after I-140 is approved to retain my (old) priority date? If I change job after I-140 is approved, my employer can't revoke it. True? Is there any period I need to be employed with the current employer after I-140 is approved?
    Answer:

    Under the law effective from 17 January 2017, an employee will retain their priority date once an I-140 is properly approved, even if a day later the employer asks for a revocation. There is no requirement that the employee be employed with that employer for a certain period of time.

  4. Tuesday, 9...
    Question: 1. I have approved I-140 with company A and my wife got H-4 EAD. I am planning to move to company B. Can my current employer (Company A) revoke I-140? (I-140 has been approved for more than 6 months). If he can't revoke I-140, can my wife work on the H-4 EAD that she got based on company A's I-140?<br> 2. If my H-1 and my wife's H-4 transferred to Company B, do I need to apply for new H-4 EAD or can she continue working on H-4 EAD from company A (that H-4 EAD still has validity)?
    Answer:

    1. The employer can revoke, but, USCIS says, after 180 days they will not revoke the H-4 EAD.

    2. You will not need to change the H-4 EAD upon moving to any number of companies, as long as you maintain your H-1 status.

  5. Thursday, 4...
    Question: Can my wife travel to India and then back to the USA for a period of 12 days while her H4 EAD application is pending? Based on current estimates of processing times we do not estimate that her H4 EAD will come before the first week of July. We will be back to the USA in the first week of May.
    Answer:

    Watch the Video on this FAQ: Travel while H-4 EAD is pending

    Video Transcript

    If somebody has applied from H-1 to H-4 or F-1 to H-4 and applied for EAD at the same time they should not travel until the F-1 or H-1 to H-4 status is approved because if you do then you have to go apply for a visa come back and then apply for EAD all over again. On the other hand, if your H-1 is approved or you already have it and EAD is pending you are allowed to travel. The government discourages it as it can cause delays in EAD processing but it is not illegal. 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. Thursday, 4...
    Question: I lost my job recently. I was working on H1B. I am staying in the US until my grace period ends or until I find a new job. Can I apply for the Unemployment Insurance in my state? I believe that is paid by the employer.
    Answer:

    Watch the Video on this FAQ: Getting unemployment payments on H-1B

    Video Transcript

    Getting unemployment payments is not an issue because unemployment is private insurance, not really government funding. The problem is that it does not protect your status so don't think if you are getting unemployment payments you are in 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.

  7. Wednesday,...
    Question: Brief history - 7th year on H1, 140 approved.<br> 1. Per recent USCIS memo 'H-1B for Programmers - 2017 Guidance'.... if the designation in my current LCA has 'Programmer' word, should I be changing the designation to a different one when I apply for H1 ?renewal?<br> 2. Also in the same memo, it said: "USCIS will now target employers petitioning for H-1B workers who work off-site at another company or organization’s location." ........what does that mean......between my employer and the end client there is middle vendor...is that in any way related to what's stated above? <br> 3. My most recent H1 is via COS from H4 and is valid until March -18. I will be applying for H1 renewal 6 months before but just in case the renewal doesn't go through, can I apply for a change of status to H4 while I'm here .
    Answer:

    Watch the Video on this FAQ: H-1B title "Programmers" and USCIS site visits

    Video Transcript

    1. Sure, if your job is indeed something other than a programmer. The problem is in the IT industry titles are very misleading you could have somebody called a programmer but they are doing software architecture. The job description is the most important thing. Titles matter only as pointers. Titles are not definitive.

    2. Regarding site visits, they are going to target consulting companies and companies who are basically off-sitting their employees for site visits more than they would normally. Make sure you are working where you are supposed to be working, you are doing the job you are supposed to be doing at the level you are supposed to be doing. The job description should be the same as what you are actually doing and it should reflect the level of your seniority.

    3. When you have a case pending it is OK to stay, it is called Authorized Period of Stay, but you don't have full status if your old I-94 is expired. 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, 2...
    Question: I am a Canadian citizen and was staying in Canada from Feb2008 to Nov 2011. From Canada, I filed for CP EB3 with employer A and GC was approved for the same employer in September 2011. I entered the US in the mid of Nov 2011. Didn't join employer immediately after coming to the US. I told my employer verbally and assure him that I will join him in 2-3 months and He agreed to it. In December 2011 went to India for two weeks(due to father's death anniversary). After coming back from India took a break (needed time to heal. Didn't try or looked to join any other employer).And finally from February 2012 started working for employer A who sponsored my GC. I joined a different employer in mid of 2013.<br> After entering US through CP EB3 in Nov 2011 and not working at all taking break and then joining GC sponsorship employer A. Will this gap (3 months) negatively affects citizenship application? Is it mandatory to join immediately? Can a new GC card holder legally stay without a job for a while immediately after GC is approved?
    Answer:

    Watch the Video on this FAQ: Joining an employer after green card approval

    Video Transcript

    You not only were first working for this employer then you went to Canada, you were never out of status, then you came and joined the same employer after three months and actually you continued working for them. I don't think it is a problem. I don't think it will be a problem for your naturalization either. 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, 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.

  10. 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.

  11. 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.

  12. 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.

  13. 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.

  14. 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.

  15. 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.

  16. 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.

  17. 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.

  18. 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.

  19. 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.


  20. 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.

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