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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There are multiple issues involved in traveling.
First, if someone travels while a change of status request is pending, they will have to obtain a visa stamping or reapply for an H-1B for change of status to activate the H-1B on or after October 1.
Second, getting visa stamping is by itself a highly uncertain process that could take from days to months. The consulates reopen and dissect the entire H-1B case from the ground up and try to find any reason they can to deny the case.
Watch the Video on this FAQ: Getting a second job after green card approval
Video Transcript
Absolutely, why not. Once you get your green card approval you can take as many jobs as you like. More...
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H-1B Employer deducting money from salary
Video Transcript
The answer is No. Absolutely not. Bring it up with the wage and hour division and do it quickly because I think they can go back only one year in time. If you are talking about 2016 it might already be too late for that and 2017 might be too late for that. But it does not hurt to at least to bring it up with the wage and hour division. Please discuss this with your lawyers. More...
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Listen to the Audio on this FAQ: Doing business while on H-1B
Audio Transcript
I think the problem here is I don't think we can prove that your job requires the Bachelors Degree, so unless the job requires the Bachelors Degree in a specific subject, we cannot get an H-1B for that job. There is no start up capital requirement for an H-1B. Directly there is no such thing, but of course indirectly the government can say that we want to be assured of the veracity of the company we want to know that you have enough money or start up money to secure the job. They usually don't ask.
Concurrent H-1B is cap exempt. It is not subject to the cap. If your main H-1B is already capped you have gone through the quota once concurrent H-1B will not be under the cap. The difficulty I see is that your job is not specialty occupation. Other than that, I think it can be done. More...
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Listen to the Audio on this FAQ: University of Farmington, Michigan issues
Audio Transcript
Tourist visas itself is a visa that can be denied on so many grounds. It is difficult to predict. You can try. Just make sure you don't make any misrepresentations or active concealments of facts because that can lead to a permanent bar from entering the USA. More...
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Listen to the Audio on this FAQ:
Naturalization, issue, stay outside for medical reasons
Video Transcript
The answer is Yes. If you have a good medical reason like you do you should be able to explain that delay. If she is not able to travel because of surgery and because of extended physical therapy I think you should be fine. More...
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Listen to the Audio on this FAQ:
Is H-4 EAD tied to an employer of H-1 holder or to an I-140?
Video Transcript
An H-4 EAD is neither tied to a particular employer nor to a revoked I-140, if the I-140 stayed approved for 180 days and any one of those 180 days fell on January 17, 2017. More...
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Downgrading a case from EB2 to EB3 for priority date advantage
Video Transcript
1. Your EB-2 does not get affected. You can file EB-3/I-140 and I believe you can file a I-485 also if your dates are current.
2. Just the I-140. More...
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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...
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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...
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Watch the video on this FAQ: The logistics of porting a priority date, how to?
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...
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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....
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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...
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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...
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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...
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Continuing employment-based green card
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...
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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...
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