US Immigration Questions

  1. Thursday,...
    Question: 1. I moved from client A to client B in June. My employer filed an amendment for me now. I have my current H-1B till September 2020 when I'm with client A but my visa stamping expired last year. Can I travel while my H-1B amendment is pending?<br> 2. As my visa got expired, I have to get it stamped again. For that, should I have to go for interview again or can I do it by Dropbox?<br> 3. What will be the case if my amendment is still pending. What will be the case If my amendment is approved by then​.
    Answer:

    Watch the Video on this FAQ: Travel outside the USA when a case is pending

    Video Transcript

    1. Yes, you can travel.

    2. I don't know the exact local rules, but you have to go for visa stamping.

    3. You should not go until the amendment is actually approved. 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, 14...
    Question: I am currently on my CPT(masters student) & working as full time employee in Cincinnati, OH. I would be converting to OPT in Dec,2018. My employer is fine to file H1B for the next year. My current pay is b/w 60k-65k/annum. I heard that min wage should be 65K for H1B. And even if H1B is picked, there could be chances of rejection at the time of RFE. Will the wage between 60k-65K is ok or should it be more than 65K? I have gone through couple of other websites to explore on this. According to FLCDataCenter.com, I gave Ohio, Cincinnati(Hamilton county) and occupation as software developers, applications--it displayed 4 different wage levels. My current pay falls close to Wage Level 1 but above 60K. would it still cause any issue for H1B? Could you throw some light on this.
    Answer:

    Watch the Video on this FAQ: What are different wage levels for H-1B and green card jobs?

    Video Transcript

    The only difference between wage levels for H-1B and green cards in terms of logistics is, when we file for an H-1 we are using our best judgment to decide which level wage will be given. When we file a green card it is the government who decides what the wage should be. The wages are received in most cases from Foreign Labor Certification Data Center and there each occupation is based upon the county and the state in which the occupation is located and is covered under four different levels. What distinguishes the levels is the complexity of the job, the requirement that the employer has and how many years of experience, etc... Level 1 is usually for entry-level people right out of school doing formative chance, so they are still learning. Level 2 is people who are doing professional level jobs, but they are moderately complex at level 3 you become technically advanced. At level 4 you become more advanced but perhaps in terms of leadership. 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, 7...
    Question: I am in USA on work visa (11+ years with same company), I-140 approved from Feb 2011. My current H1 is valid till 8/20/2018, my company already applied for extension on 04/12/2018 under normal processing. If Extension denied after 8/20/2018, in how many days we have to leave USA? In how many days they will send NTA notice?
    Answer:

    Watch the Video on this FAQ: Specific issues in the Trump NTA policy for denials

    Video Transcript

    If the RFE looks like it is really difficult to win, maybe leave USA while it is pending and wait outside if the case gets approved, get a visa and come back, but there you could have a problem. The visa stamping can take a long time, but of course if you have an existing visa you can return on that but if you don't have an existing visa for eg: H-1B visa and you have to apply for a new one, then be prepared for delays and I would always prepare clients or employers to send the work to your home country wherever you are because it is perfectly legal to be working outside USA while you wait for the visa stamping. 

    On the other hand the NTA does not say you cannot file appeal. Hence it is a really bad policy created by Trump. 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, 2...
    Question: 1. For the Yes/No questions on I-485 form, I have answered all "No" at the time of filing as I was not even aware of this situation. I have no intentions of mis-stating the fact during interview and would like to mention it. But my question is would this be considered as un-authorized employment ? Should I say I'm not sure of this but mentioning it ?<br> 2. Also, after doing some research, looks like there is an exemption based on INA 245(k) and my case seems to be falling into this. Below is the link I was referring to. Am I correct in assuming so ?
    Answer:

    Watch the Video on this FAQ: Section 245(K) protection during AOS/I-485

    Video Transcript

    This is a very important protection given to employment based applicants and their dependents when they apply for adjustment of status. What it says is that under Section 245(k) USCIS will forgive your being out of status or having worked without authorization for upto 180 days from the date of your last entry into the US immediately before you filed the I-485. 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. Tuesday, 31...
    Question: I have I-140 and I-485 pending. H-1B ended on May 2018 and applied for extension which is pending. Spouse entered US under parole status and is valid till December 2018, H4 visa has expired in May 2018 Can spouse apply for H-4 extension after approval of H-1B extension? If so can it be done from USA or have to travel abroad for H-4 visa stamping?
    Answer:

    Watch the Video on this FAQ: Applying for H-4 status while on parole

    Video Transcript

    You cannot really get a change of status because parole is not really status. It is just authorized stay which is legal, but not full status. So basically if you want to convert back to H-4 , it does not require any prior approval from the USCIS. You can just take the spouses H-1 approval and go outside USA get your visa stamped and come back. When you enter using your H-4 visa you are back on being on H-4 instead of being on parole and if the I-140 or I-485 etc., is still pending you can of course keep extending your advance parole. You can apply six months ahead of time before the expiration of the 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.

  6. Friday, 27...
    Question: I had my H1 visa extension stamping appointment on Feb 21, 2018. Initially it was put under Administrative Processing and later on May 23rd my petition was send back for revocation. As per the inquiry with embassy they told me that "Based on the documents you submitted and the information elicited in your interview with a consular officer, you were determined ineligible for an H1B work visa. Your petition was returned to the Kentucky Consular Center (KCC) on May 24. Currently H1 status website shows KCC received the application on June 8. Once KCC receives a petition, it is returned to the approving USCIS office for review and possible revocation. At this point, USCIS can either reaffirm the petition or issue a notice of intent to revoke it. What are the options available with me now?
    Answer:

    Watch the Video on this FAQ: H-1B petition revocation during visa process/reaffirmation

    Video Transcript

    In a case where you got your H-1B approval but you have travelled outside the USA and you need a visa, you go to the US consulate for visa stamping. They put you in administrative processing and discover something which often is unjustified frankly and sometimes can be justified, gives them some reason to send the case back to the USCIS saying that the case needs to be revoked and that can take a few months (5-6 months). Then USCIS will issue a notice of intent to revoke which would be sent to your lawyers as well as to your employer that says we found out this information through the consulate and it looks like this case needs to be revoked. You have 33 days to respond to USCIS and justify why they shouldn't revoke it. Once the employer responds to it and if USCIS finds out that the case is really approvable and the consulate is mistaken, they reaffirm the case and send it back to the consulate. This whole thing can take months and even a year.

    The option would be to file another H-1 through another employer or with the same company  that is if this was not a quota H-1 and there is no fraud, etc., involved. 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, 24...
    Question: Present Status: I-140 is approved and priority date Jan 2016. I completed my MS in USA. My company attorney/HR is telling me I can't get promotion till I get my green card approved. As per them this is Immigration law or this is part of green card process. Can you please confirm if there is immigration law which tells that if your green card is pending then Job title can't be changed and promotion can't be awarded?
    Answer:

    Watch the Video on this FAQ: Getting promotions or changing job description while green card is pending

    Video Transcript

    If we are speaking of a green card filed through PERM it is complicated because any substantial change in the job requires you to refile the green card unless you have the intention to go back to the old job when you get the green card. 

    One point at which you can change jobs, whether job descriptions or job titles or even employers is when your I-140 is approved and your I-485 has been pending 180 days, that's the AC21 portability. 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. Friday, 20...
    Question: I am in USA on my work visa from June 2007. My Current H-1B is valid till 08/20/2018, I have applied for Extension on 04/10/2018 (I-140 valid from February 2011). I have one US citizen kid and one H4. For any reason if I got RFE after 08/20/2018, can I apply for H- B transfer with other employer? If yes, do I need to go outside of Country and re-enter on new H-1B with visa stamp? <br> Since I am leaving in USA legally from 11+ years, for any reason if H-1 extension denied. Can I apply for Asylum or another category where I can continue stay in USA (I am talking about apply for “Relief from Deportation under new Supreme Court Decision.)
    Answer:

    Watch the Video on this FAQ: Applying for H-1B transfer while an extension request is under RFE

    Video Transcript

    Yes, but you probably will have to go outside USA unless the case is already decided in your favor when the transfer application is decided. Unless you have a genuine case you should not apply for political asylum and I am not sure that any kind of relief from deportation would apply to you just because you lived here for 11 plus years. I am not quite sure how in your case that the law would help you 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.

  9. Tuesday, 17...
    Question: I was moved from Company A to Company B on Sep 2017 on the basis of receipt notice but now on may 14 2018 i got denial notice for Company B & they immediately told me to stop working. My H1B got denied because of specialty occupation. My Company B again refile my H1B on premium but on 18th June 2018 again there is RFE on Specialty occupation..my company is planning to reply RFE but I don't know how much time they will take. So now my question is if my this new petition also got deny due to Specialty occupation then how many days i will get to leave from USA
    Answer:

    Watch the Video on this FAQ: How many days can I stay in the USA after H-1B denial a detailed discussion?

    Video Transcript

    The new regulations that became effective on Jan 17, 2017 now clearly says that if you were working for Employer A and Employer B filed your H-1B transfer and you joined Employer B using the receipt they got an RFE further along the line, the H-1B transfer got denied, government says you can go back and join Employer A as long as you never work without authorization and as long as the employer A has not revoked your H-1B and lastly the job that they had gotten approved for you is still in existence. 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 have question for H1 transfer. I am working in USA from 2006 and changed 2 employers till now. My current H1B petition is valid till June 27,2018. I have my labor and I 140 approved with EB2 priority date of April 2010.I am working as contractor to the client in Bay area, California and employer is based in Ashburn Virginia. I joined this client as contractor in April this year so my employee filed H1B extension and amendment together in April. We moved this case to premium in early May and USCIS sent RFE on my case. My company attorney is working on the documents i submit for RFE response. My contract is only till August and I received client letter which states the same end date with further possibly of extension. This client wants to hire me as their full time employee. I have offer from another Healthcare client , however I am not sure if I can transfer my H1 to the new employer/client when RFE with the current employer is in process.
    Answer:

    Watch the Video on this FAQ: Changing jobs while H-1B RFE is pending

    Video Transcript

    A possible situation is that your original approved H-1B still has time left on it. So let's say you got the H-1B approval till December of this year and you have an RFE pending so technically you still have the old petition alive and well almost. If you file for a transfer, chances are as long as your pending filing was not inappropriate government will accommodate and will allow you to go on to employer B, C, D or E as you please even with the pending case. 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, 5...
    Question: I filed for my N-400 and then had requested my Driver's History from NJ DMV just to be sure that my account is in good standing. I received my Driver's History after few weeks and my account is good standing, however, I had one traffic ticket 16 years ago about which I had completely forgotten to mention on my N-400. Therefore on my N-400 I had selected "No" to the citation question. <br> My question - should I let the officer know right in the beginning of the interview that I would like to amend my N-400 for that particular question OR should I wait until he gets to that question and then let him know? What's the best way to deal with this error on the application?
    Answer:

    Watch the Video on this FAQ: How to add forgotten information on to a naturalization application/N-400?

    Video Transcript

    The first thing you should do is contact the customer service. Let them know you got this issue and make a note of the date and time you called and to whom you spoke so that you have a record that you tried to correct the situation as soon you discovered the omission. The second thing you do is put it in writing, send it to the government, whichever address you filed the N-400 or whichever address you received the last response from the government and inform them what the issue is and the third thing you do is when you go for the interview bring it up yourself, let the officer know that there is some information missing and you would like that to be corrected. If you do all of these things I think you should be fine. 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. Wednesday,...
    Question: I'm working on H-4 EAD with company A. Company B filed for H-1B for this year and it was picked in lottery but no decision made yet, now I don't want H-1B and asked company B to withdraw the H-1B and he agreed to it and shared the H-1B withdrawal letter along with the I-129C notice. Just to make sure that the petition is withdrawn without any issues, can I also post the same letter again to USCIS with company's from address on it?
    Answer:

    Watch the Video on this FAQ: Can an employee withdraw an H-1B petition?

    Video Transcript

    You should send a letter to the government in writing, certainly, even get it maybe notarized to assure the government that these are your signatures and say that you no longer wish to apply for a change of status and you are not going to take up that job. So you hereby withdraw from the change of status request under the H-1B. After you send a notarized letter give them a call as well and just tell them you have written and this is what you want to be noted and that you are not going to go through the change of status. There is no actual procedure for it, but this can be as secure as you can be to ensure that the government will not give you a change of status even though you don't want one. 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: I am currently on L-2 EAD (since Jun 2017) and work for Employer A. Can my current employer (Employer A) file for my Green Card ?
    Answer:

    Watch the Video on this FAQ: Can a green card be filed for me if I am on H4 or L2 or F1 – – any status other than H-1B or L-1A?

    Video Transcript

    Yes. A green card can be filed while you are on any status. But while filing a green card for visas like F-1, F-2, J-1, J-2 can be complicated in some ways. Consult your lawyers.  Make sure you got every part covered. If you are born in countries like India or China or any other countries that are very backed up you will have to be very careful and make proper plans before you file for a green card directly from any of the other statuses but there is no law that says you cannot do that. 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. Wednesday,...
    Question: I have the following questions<br> Can employer A revoke my current I-140 after I change my employment?<br> Can I keep getting my visa renewed with Employer B based on my current I-140 with Employer A until Employer B initiates my GC processing?<br> Does the hike in pay and change in roles in any way affect any of my future GC filings with Employer B?
    Answer:

    Watch the Video on this FAQ: Changing jobs after I-140 approval

    Video Transcript

    When your I-140 is approved your priority date is yours to keep even if you leave that employer the very next day and go and join a totally different job. It does not matter if the job gives you a higher salary or a lower salary or has a completely different job profile because all you are carrying forward is your priority date. So when you want to carry forward your priority date what you do is you take your I-140 with you. In addition to that once the I-140 is approved and stays approved for 180 days not only you carry on your priority date, you also carry the right to extend your H-1 through any employer and there is no limitation on that. 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: With speculations that EB-3 may go ahead of EB-2, can we port down to EB-3 from EB-2 using existing labor, in general is it risky to do that, what happens if porting is denied will we loose existing approved EB-2 petition?.
    Answer:

    Watch the Video for this FAQ: Can EB-2 approved file for EB-3?

    Video Transcript:

    The way I think it will work is if you have both EB-3 and EB-2 approvals already good for you. You can use either one. If you have an EB-2 approval and you want to take advantage of the EB-3 upsurge in the Priority Dates, file for an EB-3 I-140 with a copy of the same PERM application. If the I-140 is approved quickly great, if not and the dates become current while the I-140 is still pending, with the receipt you can file an I-485. So you will have an EB-3 pending with a I-485 coming along. Now if tomorrow the dates become better, moving for EB-2 because you have both I-140s in the works, one approved and one pending or maybe both approved by that time, government will automatically give you the benefit of which ever category is moving the fastest.  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. Tuesday, 5...
    Question: I am currently working on L1B with company A and I received my H1B I-797 last year from same company A, but didn’t do the conversion to it yet. I want to change to company B in regards to which I have the below questions:<br> 1- What is the process of switching the visa, and does it need me to setup an interview appointment?<br> 2- If yes, does this have to be out of USA and in my home country?<br> 3- Do I need to get the stamping for H1B with company A before moving to company B? Or can I switch to company B without going for H1B stamping for company A?
    Answer:

    FAQ: How does one change status while within the United States?

    Video Transcript

    There are three types of situations I can think of. One is when you are changing status to one to another (H-1 to F-1 or H-1 to tourist visa) can be filed just by using form I-539. Then there are some where the change of status requires refiling of the entire paperwork for the petition. H-1 and L-1 are examples of that category and the third situation to change of status is when certain categories of people are not allowed to change status. An example would be if you are here on a visa waiver also calling ESTA program you cannot change 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.

  17. Thursday,...
    Question: USCIS now interprets the 24-month STEM OPT extension rule from 2016 to require a STEM OPT worker to be placed only at a worksite of the employer. In other words, the USCIS now says that any offsite placement, including at a third-party worksite, is prohibited. Will this affect the H1B petitions filed by employers for such opt students, where they are working at an end client location (not employer location) and the H1B petition was filed with end client details.
    Answer:

    Watch the Video for this FAQ: Status of off-site placed STEM OPT extension students

    Video Transcript

    First of all to say that USCIS has changed its regulations and they do not allow off-site placements of STEM OPT extensions students is incorrect, because USCIS has said this from a very long time that they are not going to allow these placements. If you are in a situation, what can happen is you could be considered to be out of status for no fault of your own. So if you file an H-1B and if the government says well we think you're out of status hopefully that's all they can do, they can make you go outside the USA for a 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.
  18. Thursday,...
    Question: My spouse and me are staying in USA since last 10 years on work visa H-1B. We have our second daughter born in 2016 who is facing neurological disability which requires long term care and constant therapies. Current scenario is my husband's H-1B has denied and couldn't get back to USA. I am here in USA with my both kids on B2 Visa. My both kids are US Citizens. Is there any legislation which can provide legal stay to the parent of child with disability in the USA?
    Answer:

    Watch the Video on this FAQ: Is there any law to provide legal stay to the parent of US citizen child with disability?

    Video Transcript

    The answer is No. You can stay on a tourist visa. There are no special visas or green card for such situations.  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, 22...
    Question: I have my I-140 approved in 2015 and its beyond 180 days now with Employer A. <br> If I move to Employer B a) Consider that Employer A revoked my I-140<br> b) Please help to confirm will it possible to get multiple extension with previous 180 approved.<br> c) Even if Employer B doesn't file a Green Card (Labor then I-140)... Can I get multiple extension with Employer A approved I-140
    Answer:

    FAQ: Effect of I-140 revocation on priority date, H-1B extensions through any employer, etc.

    Video Transcript:

    Beginning January 17, 2017 the law is that if your I-140 has been approved and stays approved for 180 days and atleast one or two days past Janaury 17, 2017, because if it was revoked after 180 days but before Janaury 17, 2017 when the new regulations came in you would have to look at other things but not those regulations. These new regulations say first of all the moment your I-140 is approved your priority date is yours to keep. You can take it to any employer, you have to start the green card all over again, but you carry the priority date forward.

    The second thing that it says is that if in addition your I-140 stays approved for 180 days you will retain the ability to extend your H-1B on three years any number of times as long as the priority dates are not current with any employer for any job. So once I-140 is approved and stays approved 180 days your rights to extend H-1 beyond six years with any employer are quite secure. 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: I am on H-1 Visa and my son is on H-4 visa. He is 17 years(studying 11th grade). I wanted to know whether i need to change the visa status at the age of 21. If so, the green card processed by my employer for him will still be valid or not. Also, if he goes to India for studying his degree for like 4 or 5 years, will the green card processing for him will be valid.
    Answer:

     

    Video Transcript

    Normally the children of people undergoing the green card process, convert to student visa if they are in school. If he gets covered by the CSPA (Child Status Protection Act) even though he has a student visa it doesn't change his green card status through you and again if he goes to India for a degree for four to five years his green card processing will still stay valid. There might be some technical details you have to attend to but that is certainly possible as long as he's not got a problem with aging out as he is covered by CSPA.  More...

    Related Video on CSPA:

    Rajiv Khanna discusses the impact of the CSPA (Child Status Protection Act) on Employment based Green Card delays on children turning 21.

     

    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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