Qualified asylum-seekers are those who are fleeing persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.
For more information please visit this link: https://www.uscis.gov/humanitarian/refugees-asylum/asylum/obtaining-asylum-united-states
Impact on green card of job promotions
Video Transcript
Overall, the safest thing is if your priority date is backed up go ahead and start a new green card. FAQ in detail...
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Watch the Video on this FAQ: Options for career or school,
while employment-based green card is pending
Video Transcript
1. The moment your I-140 is approved the priority date becomes yours. But you will have to start the green card process all over again.
2. I would be hesitant to say that it is a safe option.
3. If you go to India the only thing you will keep is your priority date and the priority date will remain your's forever. The only time you lose your priority date under the current regulations is if your I-140 is revoked for fraud or misrepresentation. FAQ in detail...
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What to expect from H-4 EAD revocation
Video Transcript
You can join Masters and you can get CPT but the government is now saying that CPT OPT combined can be only one year. So there is not a whole lot of options. Once we know the final regulations, we will be able to guide you better, but right now this is all we know. FAQ in detail...
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Watch the Video on this FAQ: H-1B unpaid leave or time off
Video Transcprit
If it can be avoided you should not leave the United States. It is legal for an employee to take unpaid time off. It is normal for an employee to take personal time off, but the employer for their own protection should be documenting this. I do not believe that you should give a specific reason. FAQ in detail...
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Watch the Video on this FAQ: Working for two employers on EAD
Video Transcript
I don't see any problem with it. FAQ in detail...
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Traveling while H-4 and EAD is pending
Video Transcript
If you have H-4 change of status and EAD both pending and you travel, come back and reapply for the EAD. You cannot use the old request. But if you are already on H-4 and EAD is pending you can travel and come back. FAQ in detail...
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Issues related to tourist visa/business visa (B-1-B-2) extensions
Video Transcript
As far as I know they often do require a return ticket. FAQ in detail...
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Applying for green card while on student (F-1) visa
Video Transcript
If you are India born then applying for a green card while as a student does not help you much because it's not going to get you a work authorisation nor is it going to get you a green card for another decade. So in theory this is available, but if you are India born maybe not such a good idea. More...
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Watch the Video on this FAQ: Downgrading from EB-2 to EB-3
Video Transcript
I see no problem applying for EB-3 and then using whichever one is faster when the time comes. More...
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Watch the Video on this FAQ: What to about past immigration
problems causing a current visa denial?
Video Transcript
I think you should hire a lawyer. Your lawyer should first reach out to the consulate wherever the visa was denied and ask them the reason for denial. At the same time they should apply for Freedom of Information Act (FOIA) request. Get a copy of all the documents that the government has on you. It is a long, tedious process and it could take months or even years to get it straightened out.
If possible you should also look at 212(d)(3) waiver. These are available for non-immigrant visas such as a tourist visa even though you have a bar from entering the United States. More...
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Watch the Video on this FAQ: When does one become
H-1B cap exempt - change of status/visa stamp?
Video Transcript
In your case if we counted from six years from August 2013 when your H-1B was approved, you are then okay or cap exempt till August 2019. But again, the policy has been that they count the six years from the date your H-1B expired which is 2014 not 2013. Policies can change overnight so I think you can apply for an H-1B exemption as an H-1B exempt worker. More...
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FAQ: H-1B joining another employer while a transfer,
extension or amendment is pending
Video Transcript
1. The answer is yes.
2. It depends. Normally 60 days grace period is available for unexpected cessation of employment. As long as your I-94 is valid. But let's say your I-94 is valid for only 45 days you will not get a 60 day grace period. You will get a 45 day grace period. More...
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Impact on current H-1B if another H-1B is denied
Video Transcript
1. No, not if you are maintaining status.
2. If the case was denied just for maintenance of status and you have the pay stubs that are required then there is a very high likelihood the case will be reopened. If the petition is denied, then you are still subject to the H-1B quota. More...
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How to get H-1B approved for three years, not shorter duration
Video Transcript
1. Typically the only way you can get three year extension is if you can prove that the project will go on for three years.
2. Typically a client letter.
3. Make sure your social media is not in any way in contravention or opposition to what you have been saying to the government.
4. Once you get married you are entitled to cross chargeability and you can be charged under Nepals category which is available right now. As soon as you get married you should have your lawyers write to the government and ask for cross chargeability. Probably within a few months you could be scheduled for an interview, which again depends upon how busy the local office is. More...
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Options to stay in the USA after expiration of H-1B
Video Transcript
1. I don't think you would get the tourist visa or tourist status but you can apply for it.
2. 60 days is the total time.
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Watch the Video on this FAQ: Multiple years of CPT
Video Transcript
All in all I think changing to a consular processing is one of the ways you can go. It also depends upon how aggressive you want to be. But if you want to be more conservative, go ahead and change to consular processing. More...
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Filing employment based green card while living outside USA
The answer is Yes. Any company as long as it is done in good faith to hire and to be hired, they can file your green card while you are living in India. More...
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Watch the Video on this FAQ: CPT, OPT, Unlawful presence
Video Transcript
What I tell my clients is if you have already done it and you are okay with a three year bar potentiality with it again another potentiality for 212 (d) (3) waiver, which should be given in cases like this where they let you take a nonimmigrant visa even though you have a three year bar. More...
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Watch the Video on this FAQ: Getting H-1B extensions based on of I-140 approval of spouse
Video Transcript
The answer is Yes. If you leave before the I-140 is up, before the PERM is approved, you will not get anything out of that process. If you leave after I-140 approval you will still have to start your green card all over again, but you definitely carry with you, your priority date. On top of that you may also be able to carry in the right to extend H-1B with any employer as long as the I-140 was approved and stayed approved for 180 days. After that, even if it is revoked by the old employer your rights are not disturbed. More...
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