US Immigration Questions

  1. Wednesday,...
    Question: My future employer is planning to file my GC PERM in the month of May 2018. Also I have PERM in process from my current employer. Is it advisable to join the future employer before filing the PERM or after the PERM is approved or after I-140 is approved. Basically need to know at what stage of the GC process I can join the future employer. Does my joining the future employer impact the GC approval process (getting PERM approval, I-140 approval).
    Answer:

    Watch the Video on this FAQ: At what stage should I join my future green card employer?

    Video Transcript:

    As far as only one aspect of the case is concerned, which is the ability to pay wages. So when your employer starts your green card from that date forward they must show that their tax returns have enough money to pay you. If on the other hand the employer has a very healthy tax return only their lawyers can tell them, then it doesn't matter when you join them so if you are worried about the ability to pay wages, it is better to join before filing the PERM. If the tax returns are extremely healthy, then you can join at any stage you like either before or after the approval of the green card. I-140 can be affected because of the ability to pay wages, but if the ability to pay wages is strong you can join a future employer anytime before or soon after the approval of the green card. 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. Wednesday,...
    Question: Is it possible to file EB-5 with 200 cash & 300K secured promissory note to be paid in next two years against Indian property?
    Answer:

    Watch the Video on this FAQ: Filing EB-5 investor case with a promissory note secured by property in a foreign country

    Video Transcript:

    Yes, it is possible. The only problem is, I don't remember the exact laws on the duration of the promissory note, I don't think you can delay it all the way to two years. I think it probably will have to be relatively short period of 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.

     

  3. Thursday, 3...
    Question: I am currently working for a Non-profit org on a cap-exempt H-1B. and my company initiated my GC processing. Below are the few questions:<br> 1. Is the GC processing any different thru a non-profit from a for-profit organization? meaning, is it any advantageous to process my GC thru a non-profit?<br> 2. Can my I-140 from a non-profit be transferred to a for-profit org, if I was able to move to a for-profit org?<br> 3. What are the possible ways that I could move to work for a for -profit organizations? From your previous calls and thru my research I found out below few ways that I could to that. Please give your inputs<br> a. Finding a profit employer to file my cap-subject H1 (Can I start working for my new employer as soon as my H1b is picked in the lottery or approved, instead of waiting till Oct 1st?)<br> b. If a new employer sponsor my cap-subject H1 and if I dont move to the new employer, will my current cap-exempt H1 be still active and should I have to go under the cap next time I file a Cap-subject H1<br> c.applying for concurrent H1b<br> d. Moving on to H4EAD and filing a H1b next April<br> e.Joining a Masters CPT college and filing a Cap-subject H-1B next year
    Answer:

    Watch the Video on this FAQ: H-1B and green card transfer from a non-profit organization to for-profit

    Video Transcript

    1. The answer is No. There is no advantage in going through for-profit or non-profit that's just irrelevant.

    2. No, non-profit or for-profit does not matter you cannot transfer I-140s, you can transfer priority dates unless your 1-140 is based upon a National Interest Waiver or an EB-1A.  Your green card can be transferred once your I-140 is approved and I-485 has been pending 180 days, then it doesn't matter what the nature of the organisation is.

    3. a.  I don't think there is any specific law on this issue. Technically, you can start working for them on receipt, but obviously you will only get a receipt if your case is picked up for the lottery. So if you have been maintaining H-1B status I believe you can start working for a cap subject employer as soon as your H-1 is picked up.

         b.  Absolutely. My guess would be if your H-1B cap subject H-1B is approved and it is not revoked till October 1st, I don't think you will be subject to a cap to work for a for-profit in the future. It shouldn't be revoked before October 1st and you should receive your change of employer. So in other words, you should get a new I-94 with the case because USCIS has been taking this position that just getting an H-1B approval does not put you over the top where you are safe from cap quota issues. They say unless you receive a change of status or go get a visa stamping till that time you are not exempt from the quota so you must also receive an I-94 which is a transfer of employer, but you can still continue working with the old employer.

        c.  Another way is applying for concurrent H-1B although it is a strange provision in the law where if you have a quota exempt H-1B as long as you maintain that without worrying about the quota you can also work on a concurrent H-1B for a quota employer.

        d. Moving to H-4 EAD is not a good idea because in June they are going to announce the revocation of the H-4 EAD regulations according to the court.

        e. Joining a Master's CPT and filing a cap yes, that's definitely an option.   

    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. Tuesday, 1...
    Question: Can I keep the notarized copy of my green card instead of original green card? Because I think it’s risky to carry GC all the time and have fear of it getting lost. cost and wait time for replacing GC is very high. When I will travel out of town or government buildings I can take my GC with me. But for other day to day routine travel can I keep my GC safe at home ? What is the maximum penalty I have to pay if random checked by immigration officer (very unlikely) I provide my driving license and notarized copy of GC? Is it very serious offense ? Have you seen people getting into immigration(USCIS) trouble for not carrying original GC? Do we have to do police complaint if GC is lost? If yes then can you please explain the procedure, and forms to fill.
    Answer:

    Watch the Video on this FAQ: Must I carry my green card with me at all times?

    Video Transcript

    In Trumps America I would rather not take a chance and if you look at section 264 of Immigration and Nationality Act which is codified as 8 USC section 1304,  the subsection, clearly says every alien 18 years and over shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection D. So if you don't carry your green card with you, you are guilty of a misdemeanor which means a crime and shall upon conviction for each offence be fined not to exceed a hundred dollars or be imprisoned not more than 30 days or both. 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. Thursday, 5...
    Question: I wanted to know if an H-1B employee can go on Leave Without Pay (LWOP) for lets two months and still maintain a valid status? Further to the question, under what circumstances/situations can a employee working on H-1B visa take Leave of Absence for couple of months, stay in United States and not have his immigration status affected?
    Answer:

    Watch the Video on this FAQ: Leave without pay for H-1B / Status

    Video Transcript

    If you look at the Department of Labor regulations they allow employees for their convenience to take leave for things like tourism. So if you say you want to take 20 days off you could do that without losing your status, but if it is being used by the employer to bench you and them then you can be in trouble. If it is a medical leave of absence, then as long as you have a medical certificate and necessity and your leave is coextensive with the existence of that necessity I think that's ok as well. Hence couple of months are acceptable if the reasons are honest and not a pretext or an excuse to be off a project and be benched. 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,...
    Question: I have quick question about the mystery behind 180 days staying with the Employer with whom my I-140 is approved. So my I-140 is been approved with priority date as Dec 2014 and the Notice date is Nov 2017. Do I have to wait for 180 days/ 6 Months from the Notice date of Nov 2017 so I will not loos the Priority date when I move with new employer?
    Answer:

    Watch the Video on this FAQ: The 180 rule for priority dates/H-1B extension

    Video Transcript

    Beginning January 17th  forward, some of that goes backward too, as soon as your I-140 is approved the priority date is yours even if the employer revokes the I-140 the second day or the same day so the priority date becomes yours the moment the I-140 is approved. If the I-140 gets approved and stays approved for 180 days and the employer then sends a letter to revoke the I-140 on the 181st day not only do you keep your priority date, you also maintain the right to keep extending your H-1 and I believe your wife's H-4 EAD as well even if the old employer revokes your I-140. The 180 days is the time for which the I-140 should stay unrevoked. 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, 27...
    Question: I had few questions on EB1C filing; - I am here in the US from 2015. Prior to that I was working as an Manger for the same firm in India. - I was appointed as a Principal and then promoted as a Solution Manager last year. My role involves tasks during the entire duration of a given project and as part of the project I co-ordinate with the offshore teams assigned on the project for deliverable and to assign other tasks related to the project.<br> 1. As part of EB1C filing is there a mandatory requirement that a manager should be having dedicated team members<br> 2. If 1 is yes then can we consider the offshore team members assigned per project who would be supervised to the level of getting status of tasks, providing clarifications, training them etc.<br> 3. Is there a minimum number of reports required in the US and while I was in India, and if those reports have left the organization is that Ok?
    Answer:

    Watch the Video on this FAQ: EB-1C for functional managers - overseas team inclusion

    Video Transcript

    There are two kinds of managers or executives - somebody who manages a function an essential and critical function of the corporation even though they don't manage any staff they would be considered a manager. No corporation can survive without a good pricing structure. It is a critical function of an organisation in the services business. There is another kind of manager which is a people manager, so if you are managing a team of twenty five software engineers they have to be professional employees. 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. Thursday,...
    Question: I am an international student and recently working for an organization. Please let me know what job title, position, salary, and other requirements I need to get for applying for working visa. Since my organization is really willing to help me and is ready to adjust with my position title and other things. Education: M.A Global Development and Peace, specialization - International Political Economy and Development
    Answer:

    Watch the Video on this FAQ: Which jobs can qualify for an H-1B visa?

    Video Transcript

    In this scenario I can't say that your job requires the degree that you have. For instance, if you were a research assistant who basically worked on international political economy and development issues that would be an H-1B job. So it should be clear from the job and that you can't do this job without this kind of a degree.  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, 20...
    Question: 1. While I am moving my H-1 New Employer B, What if something goes wrong during H-1 transfer or after that in GC processing with new employer like RFEs etc comes up, can I move back to employer A if employer A is willing to take me back. Does AC 21 portability rule applied to my case also? Since I have not filed I-485 yet, as per my understanding this rule does not apply to me. While my GC is in process with new Employer B and I am in waiting mode for I-140 approval with new employer, What will happen if my time to extend H-1 petition comes up. <br> 2. Can I still extend my H-1 with new Employer even if I-140 with new employer is in process and not yet approved. Can I use my old Employers approved I-140 to extend my H-1 in this situation.
    Answer:

    Watch the Video on this FAQ: If H-1B transfer is denied, can I go back to my old employer? When does AC21 job portability

    begin? Can H-1B be extended through a new employer while I-140 is in process?

    Video Transcript

    1. You can apply for an extension based upon two reasons either the first year anniversary of your green card filing that your PERM was filed a year ago or based upon I-140 approval. So, yes you can file for a one year extension if PERM was started a year ago.

    2. The answer is yes, as long as one of the two things exist. Either the I-140 has not been revoked in that case you can use it for extensions or the I-140 was revoked by the old employer, but after 180 days of approval in both cases you can extend your H-1 through some other employer like employer B even while employer B's own I-140 is still in process. 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. Tuesday, 20...
    Question: I was on H1 before completed all 6 years on it and converted to H4 and working on H4 EAD now. With latest court update, USCIS may decide to end H4 EAD program or stop new applications in next few months( we still do not know the final outcome). My EAD expires in November 2018 which leaves me no option of applying renewal before May 2018 ( 180 days clock). If this EAD goes away will I be able to file fresh H1 in April 2019 ? If in next couple of months, my spouse decides to switch Job based on his approved I-140 then my H4 will also need to transfer/extend. At the same time, will I able to extend my EAD at that time or I still have to wait to fall under 180 days expiry clock based on my current November 2018 EAD expiration date.
    Answer:

    Watch the Video on this FAQ: H-4 EAD termination and converting to H-1B

    Video Transcript

    If you have already completed six years you cannot go back to H-1 unless you leave the United States for at least one year or unless you start a green card. Then you would be able to apply for an H-1 extension based upon either the first year anniversary of the filing or I-140 approval, whichever comes first you have to fall under the 180 days. A mere change in jobs doesn't allow you to reset the period for yourself.  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. Thursday,...
    Question: My question is about switching from an H-1 to F-1 visa. My six years of H-1 expires in March 2018. I have received an offer for a Phd. at Stanford (starting Aug. 2018) that happens to be one of my dream universities. My employer applied for a PERM back in August 2017, it has not been approved yet. Does the filing of PERM interfere with getting an F-1 visa. I know you’ve answered this question in the past regarding an I-140 and I understand that my chances with just a PERM are slightly better ?
    Answer:

    Watch the Video on this FAQ: Change of status to student F-1 while green card is in process

    Video Transcript

    Yes, obviously you can try. I think what happens is when you are going to a good school, chances are government will accommodate and they will allow you to go back on F-1 because it is definitely a promotion path a career progression for you. I can't predict if the government will be reasonable or not, but reasonableness would require that they allow you to convert to F-1. Under the Trump administration I do not know how things are going to work out, but as far as predicting your chances are concerned I think you certainly have a shot. 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. Thursday, 8...
    Question: You stated : "The Form N-470 must be filed before the person departs from the United States except religious workers who may apply before or after departure, or after return to the United States. The religious workers are not required to have lived in the United States for a specific period of time prior to the filing of N-470. Similar exception is granted to alien members of the U.S. Armed Forces. In such cases the LPR employee who filed N-470 is considered physically present in the US during such employment abroad and does not need a reentry permit."<br> Does that mean a religious worker does not have to spend a full one uninterrupted year of physical presence in the US? If a religious worker can apply any time and once approved, all time spent outside of the US will be counted towards his naturalization qualification, it means that religious worker doesn't need to be physically present for a full year at any time prior to applying for his/her citizenship, correct?
    Answer:

    The law says:

    1. Generally, you must have been physically present and residing in the United States for an uninterrupted period, without any absences, for at least one year after your admission as a lawful permanent resident before you can file Form N-470.

    2. You do not have to be in the United States to file Form N-470, but you must file it before you have been absent from the United States for a continuous period of one year.

     

    Religious Workers Exception to the One Year Absence Requirement

    Religious workers may apply:

    1. Before departing from the United States;

    2. After departing from the United States; or

    3. After returning to the United States.

    Religious workers are not required to have lived in the United States for a specific period of time prior to filing Form N-470.

  13. Wednesday,...
    Question: 1. What documents do I need to travel outside the United States?<br> 2. What documents do I need to present to reenter the United States?<br> 3. Does travel outside the United States affect my permanent resident status?<br> 4. What if my trip abroad will last longer than 1 year?<br> 5. What if I lose my green card or reentry permit or it is stolen or destroyed while I am temporarily traveling outside of the United States?
    Answer:

    1. In general, you will need to present a passport from your country of citizenship or your refugee travel document to travel to a foreign country.  In addition, the foreign country may have additional entry/exit requirements (such as a visa).  For information on foreign entry and exit requirements, see the Department of State’s webpage.


    2. If seeking to enter the United States after temporary travel abroad, you will need to present a valid, unexpired “green card” (Form I-551, Permanent Resident Card). When arriving at a port of entry, a U.S. Customs and Border Protection Officer will review your permanent resident card and any other identity documents you present, such as a passport, foreign national I.D. card or U.S. Driver’s License, and determine if you can enter the United States.  For information pertaining to entry into the United States, see U.S. Customs and Border Protection’s webpage.


    3. Permanent residents are free to travel outside the United States, and temporary or brief travel usually does not affect your permanent resident status. If it is determined, however, that you did not intend to make the United States your permanent home, you will be found to have abandoned your permanent resident status.  A general guide used is whether you have been absent from the United States for more than a year. Abandonment may be found to occur in trips of less than a year where it is believed you did not intend to make the United States your permanent residence.  While brief trips abroad generally are not problematic, the officer may consider criteria such as whether your intention was to visit abroad only temporarily, whether you maintained U.S. family and community ties, maintained U.S employment, filed U.S. income taxes as a resident, or otherwise established your intention to return to the United States as your permanent home. Other factors that may be considered include whether you maintained a U.S. mailing address, kept U.S. bank accounts and a valid U.S. driver’s license, own property or run a business in the United States, or any other evidence that supports the temporary nature of your absence.


    4. If you plan on being absent from the United States for longer than a year, it is advisable to first apply for a reentry permit on Form I-131. Obtaining a reentry permit prior to leaving the United States allows a permanent or conditional permanent resident to apply for admission into the United States during the permit’s validity without the need to obtain a returning resident visa from a U.S. Embassy or Consulate abroad.  Please note that it does not guarantee entry into the United States upon your return as you must first be determined to be admissible; however, it will assist you in establishing your intention to permanently reside in the United States.  For more information, see the “Travel Documents” page. 

    If you remain outside of the United States for more than 2 years, any reentry permit granted before your departure from the United States will have expired. In this case, it is advisable to consider applying for a returning resident visa (SB-1) at the nearest U.S. Embassy or Consulate. An SB-1 applicant will be required to establish eligibility for an immigrant visa and will need a medical exam.  There is an exception to this process for the spouse or child of either a member of the U.S. Armed Forces or civilian employee of the U.S. Government stationed abroad on official orders.  For more information on obtaining a returning resident visa, see the Department of State’s webpage on returning resident visas.

    Additionally, absences from the United States of six months or more may disrupt the continuous residency required for naturalization.  If your absence is one year or longer and you wish to preserve your continuous residency in the United States for naturalization purposes, you may file an Application to Preserve Residence for Naturalization Purposes on Form N-470. For more information, please see the “Continuous Residence and Physical Presence Requirements” page.

     

    5. If you lose your green card or reentry permit or it is stolen or destroyed while you are abroad, you may need to file a Form I-131A, Application for Travel Document (Carrier Documentation).  This carrier documentation will allow an airline or other transportation carrier to board a lawful permanent resident bound for the United States without the carrier being penalized.  For more information, please see the Form I-131A, Application for Travel Document (Carrier Documentation) page.

  14. Monday, 5...
    Question: I would like to apply for green card for my mother and father. am a US citizen, they will be coming to US in next month on tourist visa. How long will I have to wait (day/months) after they land in US, before I can file for their green card.? Also, if law changes for so called "chain migration", can that law be retroactive for applications in the que? Any comments on that would be appreciated.
    Answer:

    Your parents must not have a preconceived intention to file for a green card. I have covered this issue in a bunch of our frequently asked questions. Please take a look. In the USA, ex post facto laws are considered to be unconstitutional.

  15. Monday, 5...
    Question: I'm on H1B visa for very long time working for Company A. I have founded a start-up company B while in H1B, and invested in it to launch 4 free Apps in the market. My spouse is having H4 EAD, and I hired her as Director to oversee the business, bank account etc. These Apps are very innovative and globally received lot of recognition. Now I have plenty of Media reports based on my Apps. I also wrote Innovative Articles that are accepted by Science and Engineering Journals about these inventions. I have 4+ qualifying criterias for EB1-A. So far I can confirm that I never made a $ out of these Apps or from my investment.<br> Am I eligible for EB1-A, as I would like to make more more innovative and problem solving Apps, that would create jobs in the market.
    Answer:

    EB-1A category requires a two-step analysis: quantitative and qualitative. In the quantitative analysis you must meet 3/10 requirements, or equipment. In the qualitative analysis, which is performed after that, your resume, in an overview, should look like that of a person who is one of the top people in your profession. 

  16. Monday, 5...
    Question: Below is my dads background .<br> Mom has always been a house wife & have lived in India most of her life except for 2 years in 1989 to 1991. My dad has been working in the Yemen for a subsidiary of American company called Clorex for 10 years as a plant manager for a chemical plant(purely management job). Did an MBA 2 years prior to his retirement at the age of 56 since the company sponsored it as part of employee benefit.Since then he had been living as a retiree , now for 4 years. In between I have took them to Singapore & Malaysia .Have a permanent residence in India .He pays luxury tax for that home. Has a daughter(married and settled in a different town) and a son other than me(works and lives with them in their house) ( I work in the USA on an H1 for past 2 years).Have travel history to Saudi Arabia but not in the past 5 years. I completely understand its the burden of applicant to prove the non immigrant Intent. But doesn't know how since both the times the officer didn't ask much .Both the times it was a joint interview .Wanted to know your comments.
    Answer:

    Tourist visas are often denied based upon incomprehensible reasons. The most difficult reason to overcome is the 214B denial. Essentially, the consular officer says that your parents possess immigrant intent and that he is not convinced they will come back. You can ask for a supervisory review of that decision, but most of the times they don't work.

  17. 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.

  18. 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.

  19. 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.

  20. 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.

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