US Immigration Questions

  1. Thursday,...
    Question:
    Answer:

    Watch the Video on this FAQ:

    Loss of job/laid off during Covid/coronavirus times

     

    Video Transcript:

    Question: 

    I lost job and my last date of employment with the employer is March 20, 2020. This employer sponsored H1B and also had ported GC AOS in 2018.:

    1. After my last date of employment (March 20, 2020), how much time do I have to transfer H1B and I-487 to a new employer?

    2. Will losing the job affect the EAD renewal in processing? 

    3. How would it affect I-487 application, which can become current any time soon?

    Answer: 

    First of all you are in a good situation because if you have a I-485 pending then you can continue to stay even if you lose your H-1B or L-1 or any status because I-485 allows you to stay here. EAD that comes with I-485 allows you to work here and advance parole that comes with the I-485 allows you to travel. Keep in mind that all these are additional benefits to being able to stay.

    1. You have 60 days or the time remaing in on I-94 whichever is sorted so in this case probably 60 days.

    2. It will not.

    3. By the time you are ready to deal with the I-485 you should get another employment or at least an employment offer. 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. Friday, 13...
    Question:
    Answer:

    Watch the Video on this FAQ:

    Work duration and damages contracts under H-1B

    Video Transcript:

    Question: In my offer letter, they have mentioned if they sponsor H1b I need to work with them for 5 years. What happens if I change the company by down the road within these 5 years?

    Answer: Please check on the state laws about whether these contracts are even legal or enforceable. You can also visit this link on my article on :  

    Liquidated damages clauses In H-1B visa holders’ employment contracts

     

    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. Friday, 13...
    Question:
    Answer:

    Watch the Video on this FAQ:

    What to do after an H-1B (or L-1) denial


    Video Transcript:

    Question: I got my H-1B denial on 02/20/2020.  H1B expired date : 1/31/2020. I-94 expired date: 2/10/2020. H1B extension denial date: 02/20/2020. H1B filed date: 12/07/2019. H1B RFE date: 12/27/2019. H1B RFE replied date: 02/02/2020. How long canI stay ?

    Answer: The fact is that you are accruing unlawful presence beginning February 20th. So if you stay in the US 180 days after that you will be barred from entering the USA for 3 years. FAQ in detail...

     

    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. Friday, 13...
    Question:
    Answer:

    Watch the Video on this FAQ:

    Transfer of H-1B while extension is pending

    Video Transcript:

    Question: Can H-1B transfer happen in such case from company B? If yes then if this transfer is approved but previous H1b extension is not approved which is from company B will it impact my status in US? Can I work for company B still? Will there be any chance that I have to go to India and come back with stamped visa ?

    Answer: Yes you can. You can join company B but if the case is denied you will have to go outside the USA for visa stamping. FAQ in detail...

     


    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. Friday, 13...
    Question:
    Answer:

    Watch the Video on this  FAQ: Time of stay and

    definition of a manager/executive employee for L-1A and EB-1C

    Video Transcript:

    Question: I'm currently on H1B Visa with I-140 Approved. My Employer is sending to Canadian branch to work for 2 years. I have 1 person reporting the work to me (Offshore India). I'm not designated as a Manager. Upon return to US branch after 2 years completion in Canada. Does my application qualify for EB-1C category?

    Answer: Maybe, maybe not. it depends.Looks like you will not qualify, but you never know. FAQ in detail....


    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. Wednesday,...
    Question:
    Answer:

    Watch the Video on this FAQ:

    Citizenship/naturalization trips of more than six months abroad

    Video Transcript:

    Question: I have been scheduled for my interview next month after cancellation of the first one. One thing is thicking in my mind. I took three trips outside the US, and one last more than 6 months but less than one year. I waited for more than 5years since my last entrance which is June 2013 before applying for citizenship. Should I be worried about my interview since I broke the continuity of residency?

    Answer: I do not think the previous trip should be a major issue, but I do recommend you discuss with your lawyer about your visits abroad prior to 2013. FAQ in detail...

     


    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. Saturday,...
    Question:
    Answer:

    Watch the Video on this FAQ: Impact of 214(b) denial

     

     

    Video Transcript:

    Question: My boyfriend is applying for his F1 Visa in July 2020 for fall semester 2020 for his MS in Finance at one of the US universities (deciding on which one right now). This is a question asked well in advanced so we are fully prepared.

    Answer: Make sure he goes to a good university. If somebody is going to a top tier university the consular officer might be more inclined to consider the application as being a genuine application. Please be sure you are honest when applying. FAQ in detail...


     

    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. Saturday,...
    Question:
    Answer:

    Watch the Video on this FAQ: Risk for green card process

    in joining a small company, unfamiliar with immigration


    Video Transcript

    Question: I have an approved I-140 with priority date of June 2013 from Employer "A". I moved to employer "B" in 2018 and extended my H1-B till June 2021. He is currently processing my labor for new application. Meanwhile, I got offers from "C" and "D". "C" is an established firm and is well aware of the immigration process. "D" is a small business enterprise started about 2 years ago and haven't sponsored any employee yet. 

    Answer:  If the company is willing and able to support your application by all means join a big or small company, it does not matter. FAQ in detail...

     

    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. Friday, 14...
    Question:
    Answer:

    Watch the Video on this  FAQ: Tourist/Visitors visa for people

    with special needs or challenges

     

    Video Transcript:

    Since Trump administration has proven to be extremely hostile to immigration, both legal and undocumented I cannot predict what the consulate is  going to ask. My advice would be to go ahead and apply for her like it is a normal application. Now I also want to add that any people with special needs or challenges as long as they don't pose a threat to the US people or their property they should not have any extraordinarily more difficult burden to carry than anybody else but medically they might have to prove that they can be taken care of. FAQ in detail...


    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. Wednesday,...
    Question:
    Answer:

    Watch the Video on this FAQ: Visas for same-sex partners from

    countries where such marriage is not allowed

    Video Transcript:

    In these cases B-2 visa can be extended as long as the J-1 holder is in the USA. FAQ in detail...


    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:
    Answer:

    Watch the Video on this FAQ:

    Does withdrawing a timely filed application/petition

    with the USCIS lead to unlawful presence?


    Video Transcript

    In amendment case there is no 240 day limit. You can keep working as long as the file is active. 240 days is only extensions without a change. If you want to withdraw and go out of the country and travel back on H-4 for  that is fine.There is no unlawful presence here and you should always respond to RFEs. Never walk away from a RFE. It red flags your case.  The government starts thinking you are trying to do sometime. FAQ in detail...

     

     

    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, 28...
    Question:
    Answer:

    Watch the Video on this FAQ:

    Consequences of losing my job on H-1B and revocation of I-140

     

    Video Transcript:

    The moment the I-140 is revoked nobody can take away your priority date. The only time priority date can be taken away is if the I-140 was approved in error or through fraud. On the other hand, once the I-140 has been approved and stays approved for 180 days not only do you keep your priority date, you also keep the right to keep extending your H-1B beyond six years with any employer. So180 days is a great time to wait. These regulations changed on January 17th, 2017. Any cases that occurred after that date would have to go by these regulations. FAQ in detail...

     


    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. Thursday,...
    Question:
    Answer:

    Watch the Video on this FAQ:

    Must we maintain H-1 or L-1 status while I-485 is pending?

    Video Transcript:

    Yes, you SHOULD maintain H-1 or L-1 status while I-485 is pending, because these days, especially the government can create odd problems with your I-485. FAQ in detail...

     


    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. Thursday,...
    Question:
    Answer:

    Watch the Video on this FAQ: Parents’ birth certificates

    Video Transcript:

    I would prefer you to get a  non-availability certificate along with two affidavits from people who were alive when your parents were born. That is what I would recommend. FAQ in detail...



    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:
    Answer:

    Watch the Video on this FAQ:

    Variation in H-1B job approved and actually performed

    Video Transcript:

    Minor variations in jobs are normal. But the key question is; is there a substantial change. Any substantial change in an H-1B job requires an amendment. Please stick with the truth. Be honest about what your job is and what is required is that you make a good faith estimate at the time you file the H-1B. If there are minor variations, the system will tolerate them, but if there is a substantial change file an H-1B amendment. Also, as long as you are qualified you can take any job for which you are qualified, without regard to what you did before. FAQ in detail...

     


    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. Thursday,...
    Question:
    Answer:

    Watch the Video on this FAQ:

    How far ahead of job or petition start date

    can I apply for H-1B visa stamping?

    Video Transcript:

    For H-1B the recommendation at the U.S. consulate in India is 90 days. You can apply 90 days ahead of time, but they do make exemptions and I have seen them do it as much as six months ahead of time. Always a good idea to check. My understanding is that their website says something like 90 days, so just keep that in mind. So if you are going to apply for an H-1B you can apply perhaps 90 days ahead of the start date or the petition approval date.  FAQ in detail...

     

     

    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:
    Answer:

    Watch the Video on this FAQ:

    Change in green card job responsibilities

    and/or job title during the process

    Video Transcript:

    The safest thing is to just start a new green card and once the new I-140 is approved, it automatically inherits the priority date of the old green card. So changing a couple of responsibilities does not change the job, nor does it destroy your green card, but why take a chance. That's the way I look at it. FAQ in detail ....

     

     

    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:
    Answer:

    Watch the Video on this FAQ:

    Travel during H-1B amendment and using

    old employer's visa stamp

    Video Transcript:

    You can travel out while your H-1B amendment is pending and you should be able to use the visa of the old employer. FAQ in detail....

     

     

    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, 24...
    Question:
    Answer:

    Watch the Video on this FAQ: Effect of H-1B approval on H-4 EAD

    Video Transcript:

    The practical solution would be to have your lawyers contact USCIS and explain to them the problem, and if you are willing to take a risk go ahead and have the H-1 revoked. Also make sure that it gets done over the phone as well as in writing. So if a change of status does not take effect I think you would continue to be in the old status which is H-4 EAD. So act quickly before October 1st to revoke or withdraw your wife's H -1. FAQ in detail...

     
    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. Monday, 16...
    Question:
    Answer:

    Watch the Video on this FAQ:

    Changing Employer after receiving Employment Based Green Card


    Video Transcript:

    1. No. 

    2. Duration is not reliable. FAQ in detail...

    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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