US Immigration Questions

  1. Friday, 18...
    Question: My H1 Extension is in progress since Apr 2018. My 240 day work authorization period is expiring on Jan 15th. My employer will put me on Loss of Pay after that. My questions are :<br> 1). If I plan to wait for a decision on H1 extension, will I go out of status after Jan 15th and be staying illegally ?<br> 2). I have approved I140. Can I go back to India and apply H1 extension from there (in case this extn gets rejected), will this be considered cap exempt ?
    Answer:

    Watch the Video on this FAQ:

    What to do when the 240 days H-1B work authorization is expiring?

    Video Transcript

    1. You can stay in the United States. You just cannot work. So while your timely H-1B extension is pending you are not illegal, even after 240 days. The only thing is you will not have work authorization. You can also ask for an expedite at that point of time. It is worth trying. Even if the premium processing is not available expedited processing is still available.

    2. You don't have to re apply for the extension. The pending case would work. The only thing is since you left while the case was pending you would require to get a visa stamping and come back again. 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. Thursday,...
    Question: My priority date is 2013. I had one misdemeanor case in 2015 and within 2 months of time, case was dismissed by judge and judge issued expunged order also same time. I have not disclosed this to my present company. Can I file 485 without involving my present company and company attorney ? if yes where I can find some more information ? Do I need to submit all the document to Immigration officer ? I have sentencing certified copy and expunging record, do I need to get ' An original official statement by the arresting agency' and 'complete arrest record' ? as case was expunged, so I may not able to get the this document.
    Answer:

    Watch the Video on this FAQ:

    Consequences of and logistical problems in dealing with

    criminal arrests or convictions in immigration cases

    Video Transcript

    What you should do is get yourself a private lawyer. Tell the employer, you prefer to have your own lawyer for the I-485 proceedings and the I-485 is your application, it isn't the application of the employer so you should be able to get your own lawyer and get the I-485 process done yourself. As for what documents to submit - normally we just submit a certified copy of the court proceeding or the final adjudication. That's all we need. Nevertheless, I don't want you to make any assumptions, talk to your lawyers. 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. Wednesday,...
    Question: I had a approved I-140 from Employer-A under EB3 category with PD-Oct’12. My new Employer-B filed for I-140 under EB2 and obtained an approval. However, the PD is Jul’18 even though priority date porting was requested. Employer-A has not revoked the approved I-140. Not sure if this is a typo or default PD on the form with the assumption that I-485 can be applied when EB2 is Oct’12.
    Answer:

    Watch the video on this FAQ: The logistics of porting a priority date, how to?

    Video Transcript

    Once the I-140 is approved the priority date immediately becomes your property, even if the I-140 is revoked. This law came into effect on January 17, 2017. Hence that date is yours whether or not it is reflected in a follow up I-140 approval. USCIS should be giving you that date automatically. You need not have to do any other process for it. They run regular screening or scans of their system and they assign to you the earlier priority date to which you are eligible. That's the way it normally works. 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. Thursday,...
    Question: I am H4 dependent visa holder. My I94 expired 9 months ago on Feb 2018 due to old Passport expiration. But my visa is valid until Dec 2019. I have over stayed more than 180days >365 days. I recently realized my mistake.Can you provide the best solution for this I94 problem? Explain please.
    Answer:

    Watch the Video on this FAQ: I-94 expired -- Unlawful Presence

    Video Transcript

    Under the circumstances I would certainly look into 212(d)(3) waiver. 212(d)(3) waiver is given to those people where they have become subject to unlawful presence three year or ten year bar and there is no policy reason for the government to withhold their entry on a non immigrant visa. Please consult your lawyer regarding this matter. 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,...
    Question: I applied for EB3 in 2011 and port to EB2, now EB3 dates are moving forward and if it reach to my priority date am I still eligible for EB3 as I initially applied for or do I need to downgrade to EB3. Will there be any questions raised?
    Answer:

    Watch the Video on this FAQ: EB-2 approved applying for EB-3

    Video Transcript

    This is mostly a question of procedure and policy. The USCIS has been indicating that if you have only one I-140 approved under EB-2 but you want to file under EB-3 you have to file another I-140 using the copy of the same labor certification - perm application and get an EB-3 approval first. 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. Tuesday, 8...
    Question: 1. I have approved I-140, on 7th yr of extension and my current H1B Visa and I-94 valid with emp A until dec 31,2018 based on my latest approval I received in Nov 1st week. I have another 1 month to apply for an extension and I am requesting my employer to apply in premium processing. 1)If my extension is applied in Premium before I-94 expiration but pending beyond my expiration date 12/31/2018, I will be 'out of status' even though 'authorized to stay' until decision is made. Is this correct that this may affect my future H1bs in case it is denied and attract NTA(notice to appear) in future because of my 'out of status' from date of expiration to date of denial or while leaving the country upon denial.<br> 2. Is it better if I leave the country on the last day of my I-94 expiration(Dec 31, 2018) while my H1B extension is pending in order to avoid 'out of status' or 'unlawful presence' scenarios by staying here. If I leave the country while extension is pending in above scenario, is it possible for me to go for consular processing, get VISA stamped after it is approved and enter the US legally? or is h1b extension is considered as abandoned?
    Answer:

    Watch the Video on this FAQ:

    Status expiring during the pendency of an H-1B extension

    Video Transcript

    1. No, and there is no NTA even if it gets denied. You can leave the United States within a short period. After the denial you won't get an NTA.

    2. You don't have to do that. There is no question of unlawful presence or being out of status when timely filed extension amendment or transfer request is pending and if you choose to leave the USA for whatever reasons you can always get a visa and come back. Traveling outside the USA does not abandon your H-1request. 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, 8...
    Question: 1. Am I allowed to open a corporation and run a business on GC-EAD?<br> 2. If no, can I still work on a 1099 and file my taxes or do I have to be on a W-2 for an employer?
    Answer:

    Watch the Video on this FAQ: Starting business on I-485 EAD

    Video Trascript

    1. Sure you can. You can work for yourself, you can do multiple jobs as long as you have an EAD.

    2. Sure, as long as you are not losing focus of your main job - that's the job that got you your 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.

  8. Monday, 7...
    Question: I am exploring an option to move to Canada temporarily in order to save my Canadian PR. My PD date is March 2012 and have an approved I140. Currently my H1B extension based on approved I140 is in process and hopefully it shall come soon and will be good till Feb 2022. Plan is to move to Canada after H1B approval and H1B visa stamping from India. <br> Questions<br> 1. If Priority date becomes current during my stay in Canada then what are my options.<br> 2. If Priority date does not become current and I tried to enter US after staying for more than year outside US. Two situation could occur H1B extension (I797) is still valid (before Feb 2022). Will I be challenged at port of entry whether i am going to perform the same duties as mentioned in I-129.<br> 3. To convince them on job responsibilities will the letter from employer be sufficient Or need something else?<br> 4. Recent pay stubs shall also be helpful to prove my continue employment with my same employer ? 5. H-1B extension (I-797) is expired (after Feb 2022) OR because of some reason I have to file new H-1B extension to enter Can i use my approved I-140 to file new H-1B extension(or claim the H-1B period) and that will be cap exempt ? OR I have to file new H-1B petition and re-enter the lottery.
    Answer:

    Watch the Video on this FAQ:

    Continuing employment-based green card

    while moving outside the USA

     

    Video Transcript

    1. One is to go through the consular processing in Canada or second is to get an H-1B status approved. Since you are not subject to the quota for six years after approval you can come back on H-1B and file AOS.

    2. An old H-1B certainly becomes a red flag issue for the CBP. It is definitely common for them to be concerned about this sort of a situation.

    3. That depends if the job is in - house for eg: the company is a product development company and they intend to hire you in - house then a letter from the company should be good enough.

    4. Pay stubs are not necessary, but if you are working for this employer from outside the United States you can certainly present pay stubs to prove that you were working for this employer. That is not directly relevant but it does show an ongoing relationship.

    5. Definitely. You don't have to reenter the lottery for six years after the last H-1B approval. 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. Wednesday,...
    Question: I am a US citizen. My parents (father 72 y and mother 65y) have a valid multiple entry visit visa to USA issued in 2012 and valid till 2022. They used to make short visits to USA every year till 2016 with duration of stay averaging around 55 days each year. After my father’s retirement in April 2017 they have settled down in India. During their visit in June 2017 they stayed here for just under 6 months (174 days). They visited this year as well for about 173 days, arriving in SFO in June 2018. Upon their arrival at SFO, the CBP officer cautioned that the 6 month stay is not acceptable each time they visit, perhaps they will be given only 1 month stay during their next visit and that they should apply for green card if they wish to stay longer. Based on your expertise, we would appreciate if you could let us know whether there is a possibility that the CBP officer would have placed an adverse remark/ comment on their system and would enforce a short stay of 1-2 months during their next visit (tentatively in June 2019). Being aged, they are more comfortable with making 6 months visits on multiple entry visa rather than staying for longer periods in USA to keep Green Card valid.
    Answer:

    Watch the Video for this FAQ:

    Period of maximum stay allowed for tourist visa entrants

    Video Transcript

    Preventative would be to stay less than six months each time you come or if you have stayed six months in a year then don't come back the following year. Wait another 12 months before you come back in. That would be prudent. 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. Thursday,...
    Question: I had EB-2 I-140 with PD of March 2017 , My EB-1 I-140 is Aug 2018. My attorney has filed for amendment of priority date - How this works , will they open the case again ? How long will it take to get the amended I-140 with old priority date.
    Answer:

    Watch the Video for this FAQ:

    Transfer of priority date on an I-140 -- process

    Video Transcript

    If your priority date becomes current at any point of time you can just go ahead and file your I-485 with copies of both I-140 approvals attached. I am not really sure the need for amendment. You are supposed to be entitled to it automatically and usually a letter or a service request made over the telephone should be enough and if nothing else the dates become current file with both the I-140 copies attached. 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. Wednesday,...
    Question: I am currently on H-1B , which expires on 20 Jan 2018 , Instead of filing H-1B extension my employer filed for my COS on L-1A , As i meet all the eligibility criteria. I also have my EB-1C I-140 approved , but we cannot file 485 as the dates are not current. My L-1A COS is rejected (Denied) . Will this impact my already approved I-140 ?
    Answer:

    Watch the Video on this FAQ:

    Effect of L-1A denial on approved I-140 green card


    Video Transcription

    If your L-1A is denied and not just the change of status, then we have to look at the reason for denial. Typically L-1A is denied if the government feels that you don't rise to the level of an executive or managerial employee for whatever reason, whether it is on the foreign country side or the US side. If you don't rise to that level government can deny your L-1A and if they are denying the L-1A on that basis and your EB-1C I-140 was approved also with the same or similar job description, then obviously there is a potential impact because the criteria used for determining your eligibility for L-1A and EB-1C are the same as far as qualifying as a manager is concerned.

    So indirectly because you are using the same job description you could have a problem with the L-1A denial. Yet now, if it is a change of status which can happen because you file your application two days late then the green card  I-140 remains unaffected but then you have to worry about the unlawful presence problem. If you have been unlawfully present for 180 days you cannot come back for 3 years, except with a 212(d)(3) waiver and that's always a possibility in cases like these. 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. Tuesday, 11...
    Question: In Summary, <br> * I worked for the same Company from 2004 to 2014 (2004 - 2011 in US on H1B, and 2011-2014 in India)<br> * BUT, after Green card, I did not work for the Company in US.<br> * I don't have even a single paycheck from US Company after receiving GC.<br> * Since then, I have been working in a job with same job description that my GC was filed for.<br> * All other history is clean. I have two US born children, Always paid taxes on time, no legal cases.<br> I heard from reliable sources that under current circumstances, my case will be marked as fraud and there is a 99% chance that they will revoke my GC and deport me, as I didn't stay with the employer that sponsored my GC. <br> Questions<br> * Should I be really concerned?<br> * What are my options?<br> * I have the option of going back to the same employer now. Does that help?<br> * If my wife applies for Naturalization instead of me, is that going to be any different?
    Answer:

    Watch the Video on this FAQ:

    Not worked for green card sponsoring company

    – – fraud implication for naturalization/citizenship


    Video Transcript

    This is a difficult situation.  I would argue that this is fine because once you went and got the green card you took the job and you are just working for the company's operations outside the USA temporarily. So I think it's going to be a touch and go, but that is what I would argue. You definitely need to take a lawyer with you. 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. Tuesday, 4...
    Question: I am currently on F1 visa and working on CPT. My H1 petition was picked in the lottery this year and status changed to RFE 2 weeks ago. I wanted to know if August 9 unlawful presence rule applies in my case i.e; if I get a response for RFE after Feb 4 2019, that completes 180 days.
    Answer:

    Watch the Video on this FAQ:

    The new restriction on 12 months of CPT OPT combined – –

    consequences of H-1B denial on OPT

    Video Transcript

    In my view you are still on OPT and to activate your H-1 you have to either refile for change of status or go outside the USA for visa stamping. More...

     

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

  14. Tuesday, 4...
    Question: My Question is after getting green card and leaving consulting employer after 14 months, when person applies for US Citizenship (8 years after getting green card) can USCIS ( knowing that sponsoring company was consulting) asks for client letter, contracts ( like H-1B documentation ) for the period when employee was working with GC employer( after GC approved) ?
    Answer:

    Watch the Video on this FAQ:

    Citizenship for employees of consulting companies

    who have projects in different cities after green card

    Video Transcript

    First of all, remember the laws has changed since 2017. Now supplement J has become an issue. Previously, when you did a AC21 shift of jobs, there were no filings required. So in older cases even if you don't join the employer, chances are that you are in a pretty good shape. Another thing that I always consider to be important and it often doesn't come up is your state of mind. Green card is based upon an intention of an employee to join an employer on a permanent full time basis either before or after the approval of the green card. I do want you to take a consultation and I want you to spend some time with a lawyer to go over your situation and make sure there's nothing else that's going to be bothersome. 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. Wednesday,...
    Question: I would like to know is it ok to not be on a job for few months when a person is on AC21 and working on EAD (485 filed) status. Does it raise any issues down the line like getting green card or USC.
    Answer:

    Watch the Video on this FAQ: Being without a job on AC21

    Video Transcript:

    Having a gap in your employment while you are still qualifying for AC21 is not a problem. 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. Monday, 26...
    Question: I am from India, and I am currently doing my masters in the U.S. My goal is to build my startup as I m doing my masters. Therefore, before coming to the U.S, I have incorporated a C Corp in Delaware with me and my brother as the owners. I don't want to violate my F1 status, therefore, even though I have incorporated the C Corp, We are not actively doing any work since I am not sure working on my startup in University will violate my status. I have tried getting in touch with International student services but I have not gotten a clear response on how I can run my startup as an international student while being on F1.
    Answer:

    Watch the Video on this FAQ: Starting business while on student visa

    Video Transcript

    Doing a business while you are still on a F-1 status is illegal unless you get OPT. If you get OPT, the government has set a time or two as long as you are working in your own field. So if you are a software developer or you have a degree in computer science and you start a company where your primary role is software development or something akin to it you are allowed to do that as long as you have your OPT. You cannot do that in STEM OPT extension, but you can do it for the one - year OPT.  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. Wednesday,...
    Question: I would like to know whether I should update my residential address to USCIS or immigration department in order to keep them informed of my updated address?? Since I'm the beneficiary and my wife is GC holder, she has applied for my I-130 of family based Green card when I was in New York and now I've moved to South Carolina, are we suppose to inform immigration department? If Yes who should inform them, can I give a permanent Mailing address different from my residential address since I may be working on short-term contracts.
    Answer:

    Watch the Video on this FAQ: Filing change of address

    Video Transcript

    If you are on a nonimmigrant visa you have to notify the government about your address change. If you intend to live with your wife and you are working on a short term contract , I would  suggest you to give your wife's address as your permanent address. I think that's ok, especially if you are working on short term projects and moving from one place to another. More...

     

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

  18. Wednesday,...
    Question: I changed my job from company A to Company B. H1,H4,H4 EAD is approved for company A. I moved to company B and my H1 change of employer is approved. While H4 is pending with company B. Can my wife travel to India and apply for H4 visa stamping in India?
    Answer:

    Watch the Video on this FAQ: Traveling abroad while H4 EAD is pending

    Video Transcript

    You can travel if you are already on H-4 and just your EAD is pending. If you have a change of status as well as an EAD pending don't travel. If only EAD is pending and you are already on H-4 that is ok. Please talk to your lawyers. More...

     

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

  19. Tuesday, 20...
    Question: I have I-140 approved in EB2, priority date is 2010. When date become current for EB3, I want to downgrade from EB2 to EB3 (I know I have to only refile I-140 and I-485 concurrent). What will happen if USCIS denied newly filed I-140 (EB3)? can I-485 also denied? If newly filed I-140 (EB3) denied, can I used my previously approved I-140 (EB2)?
    Answer:

    Watch the Video on this FAQ: How can I downgrade from EB2 to EB3 and the consequences

    Video Transcript

    If we have an EB-2 approved I-140 we apply for an EB-3 approval on the same form or you can file EB-3 I-140 and I-485 concurrently if the dates are current. If you file a I-485 that is prematurely filed when the priority date of EB-2 is not current, if EB-3 is denied on which basis you had filed the I-485 then the I-485 will also be denied. I would want your lawyers to review your case very carefully. Make sure that you don't have any other issues. If the second EB-3 filing gets denied it should not have any impact on the already approved I-140 unless the second filing reveals some problem with the case that was not addressed earlier. 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. Thursday,...
    Question: My son’s I-94 and visa are expired in June. We have applied for I-539 for extension in October. Will he be granted the extension.
    Answer:

    Watch the Video on this FAQ: Unlawful presence for minors

    Video Transcript

    For a child under the age of 18 until they hit 18 there is no unlawful presence. They are only out of 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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