US Immigration Questions

  1. Wednesday,...
    Question: I am currently on H1-B visa (valid until Dec 2021) and my Priority date is May 15, 2010, in EB2. I am working for employer A and I have recently applied for I-485/AOS in Oct 2020. Both EAD/AP are not approved yet and haven't received biometrics notice yet from USCIS. Kindly see below questions and advise.<br> 1) If I change to employer B after 180 days of filing I-485, how would USCIS know that I changed my employer if I do not file new I-485 J that's given by employer B? <br> 2 After getting EAD, can I stay without working for a few months? Is there a regulation that says that employment based I-485 applicant needs to work continuously after obtaining EAD? <br> 3) I am working for a consultancy company and recently changed my client who is not within 50-mile radius of the existing MSA. My current employer A is not planning to file H1-B amendment. In this case, if there is a site visit by USCIS officer and if they revoke H1-B, then am I still considered to be in legal status because I already applied for I-485 in Oct 2020? Am I safe to stay legally in USA in this scenario even though I did not receive EAD based on AOS? <br> 4) If H1B amendment/extension of an employee gets denied after filing AOS/I-485, is the employee still considered as in-status because of pending I-485?
    Answer:

    Watch the Video on this FAQ:

    Filing Supplement J, staying without work on EAD, H-1B denial effect on I-485


    Video Transcript

    1. Usually if you do an H-1B transfer or if the I-140 is revoked that becomes their source of knowledge.

    2. Absolutely, the regulations only require that when asked, you should be able to produce an offer of employment for the same or similar job and file Supplement J. This is only when asked.

    3. If you have a I-485 pending you are always allowed to stay in the United States, but make sure that you have an EAD.

    4. Normally an H-1B denial has no effect on the Adjustment of Status 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.

  2. Wednesday,...
    Question: I am working for an S/W company, I have an 8 years Old Daughter who was born in India, I am having EB3 /priority data in July 2016, My question is, How can I ensure my child remain in the US after 21?
    Answer:

    Watch the Video on this FAQ:

    Age Out/CSPA for children immigrating to the US

     

    Video Transcript

    Most of these kids are turning to F-1 and the government is giving them F-1/Student visas to go to college, even if the parents are here and even if their names appear on the green card parent screen card. 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.

  3. Friday, 29...
    Question: I have filed for I-485,EAD,AP along with EB2 to EB3 I-140 downgrade in October 2020. Got the receipt notices. <br> 1)After 6 months of I-140 approval & I-485 pending with USCIS. Once if I switch job to new employer and use my EAD,AP. Should I have to ever come back to my employer (who sponsored my green card)before I receive green card or after I receive green card for any duration of time anytime? <br> 2)What happens if I stay unemployed after using EAD for some days before I receive the green card? Is my I-485 automatically denied?<br> 3)Is it possible for me to go back to EB2 line with same employer if I start using EAD and AP based on EB3 downgrade I receive? <br> 4)Is it possible to start a company on my own using my EAD and work for my own company till I receive green card? If yes, then say I am working project to project basis consulting do I need to file any other documentation? <br> 5)Why do people maintain H1B status even after getting EAD. Only risk I understand is I-485 denial. But if everything is clean and clear with respect to I-485 why do candidate needs to keep maintaining H1-B visa. <br> 6)What are the risks for EAD and AP renewal. Does the candidate need to prove anything related to job/salary etc any time for renewing EAD and AP each time till I get green card.
    Answer:

    FAQ: I-485 AOS filed - Maintaining H-1B status after getting EAD

    /Changing jobs after I-485/Being unemployed/Start own business, etc.

    (Filed for I-485, EAD, AP along with EB-2 to EB-3 I-140 downgrade)


    Video Transcript

    1. The answer is no. But if you want to you could.

    2. AC21 protects you from these layoff periods and periods between changing jobs.

    3. No problem.

    4. Try to not open with your own company. But if you have to and you're stuck in a situation, talk to a lawyer.

    5. If the I-485 gets into a difficult situation having an H-1B is a good safety device.

    6.You don't have to prove job salary to get these renewals.  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. Monday, 11...
    Question: My Mother-in-law arrived in the USA on Feb 19th, 2020 on visitor visa (B2), her initial plan was to stay till Aug 11th 2020 but due to covid-19 and travel ban we have applied extension for another 6 months - Feb 4th, 2021 on June 19th, 2020. Her case status is still under processing("Case Was Received") even though she is getting close to the end of first extension. Since she is over 62 and belongs to high-risk traveler category(with pre-existing conditions), we would like to extend her stay for another 6 months, mostly till June 2021. Her authorized stay(I-94) expired on 8/18/2020 <br> 1) Can we apply the second extension for another 6 months while her first extension is in processing, if yes, what is the process?<br> 2) Can she stay in the US even after Feb 4th (first application requested end-date) while the application is being processed, will this be considered overstay?<br> 3) What happens if my mother in law leaves before biometrics appointment?<br> 4) if rejected, how soon do we have to leave the US and will the stay from I-94 is considered as overstay?<br> 5) Staying beyond 1 yr has any impact on future visits?
    Answer:

    Watch the Video on this FAQ: Visitor, Tourist, B-2 visa extensions and multiple extensions

    Video Transcript:

    This FAQ has become such a problem for people. Answering to the question:

    1. Yes, you can.

    2. Yes, she can.

    3. Just keep track of all the paperwork you have filed to make sure you can prove to the government that she was legally in the United States. She can leave before the biometrics.

    4. Reasonable time. A few days to three weeks depending upon what is reasonable under the circumstances.

    5. If she stays here for six months or one year, let her stay outside for at least a year otherwise the government can refuse her entry saying you have been coming too frequently. 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. Wednesday,...
    Question: I am on H1B and we applied H1B renewal and H4 and H4 EAD for my wife which is pending , my wife company is ready to apply H1 (she already used her H1 before from 2013 to 2016) , just wondering what will happen to her H4/H4 EAD application which is pending to USCIS right now ? I am hearing lot about litigation for H4 , are you filing litigation if needed ? If so what is success rate ?
    Answer:

    Watch the Video on this FAQ: Delay litigation/Mandamus

    Video Transcript

    Delay litigations are highly useful, but not in all cases. 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: 1) I lost my job almost 6 months ago. I was on H1B with I-140 approved. I filed for a change of status to B2 (not approved yet). Now I have to extend again since I wasn't able to find a job and cannot move out of the USA right now. How long/many times can one extend a B2 under the given circumstances?<br> 2) If for whatever reason say the original B2 petition filed in July gets denied do I get illegal presence for all these months from July? How long(days/weeks) does a person has to leave the country in this case? <br> 3) Any suggestion on what steps to take if USCIS does not approve COS from B2 (pending) to H1b but processes as consular processing. I am a Canadian resident but I heard only emergency visa appointments are available.
    Answer:

    Watch the Video on this FAQ: Loss of H-1B Job and Opting for B-2 Visa

    Video Transcript

    1. Until the B-2 is denied you could try to keep getting it extended.

    2. No, as long as a timely filed B-2 was pending you have no unlawful presence.

    Well, technically you have no grace period to leave, but the 180 days begin to be counted from the date of the B-2 denial, not from the date of the 60 days expiration of the H-1B.

    3. At this point you should talk to a lawyer.  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. Wednesday,...
    Question: I have a PERM and i-140 approved by my previous employer. My priority date is 15 Mar 2015. I changed my employer in Jan-2020 with a similar job occupation. I was told that I don’t need to file a completely new process for PERM and i-140 with the new employer but the new employer can file an i-485J form when the priority date is current to complete the remaining GC process. Is this a valid process to complete my adjustment of status(i-485) and apply for EAD? What are the complications involved of going through the route with old i-140 and getting an approved i-485? If that option is not viable, will I have to file a new i-140 with the new employer? There’s got to be an easier way of dealing with this, because I’m sure many people have changed their employer after their i-140 approval.
    Answer:

    Watch the Video on this FAQ: Job Change after I-140 Approval, Before I-485 Submission

    Video Transcript

    You have to start your green card all over again, no question about that. 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. Wednesday,...
    Question: Can you talk about this upgrade process from EB3 to EB2 for pending I-485? Does it need another I-485 application or just a letter to USCIS?
    Answer:

    Watch the Video on this FAQ: Eligibility for and the process of EB-3 to EB-2 Porting

    Video Transcript

    You can always go up and you can always go down as long as your PERM was filed as an EB-2. If you filed your PRM as an EB-3 then you're not going to be able to upgrade to EB-2. But if your PERM was filed as an EB-2 you can downgrade I-140 EB-3. You can go back upgrade to EB-2 if you already have an EB-2 approval. You can file a downgrade second case as EB-3 with the same PERM. 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. Wednesday,...
    Question: I was working with employer A for 7 years on H1 B and they have filed Labor and I-140 with Priority Date 2014. Now I am on H4 EAD since 2019 and working for employer B for same role . My Priority date was in filing date chart and my ex employer A agreed and filed my I-485 with form J on November 2020. Do I have to join my old Employer A now or it's fine if I join them after I-485 is Approved? If I don't join them now , will there be any problems in the 485 interview if I intent to join after I-485 approval ? Is it possible that employer B can file form J form after 180 days of I-485 receipt date without joining my old employer A considering my Priority date will be on the final action date after 4, 5 years .
    Answer:

    Watch the Video on this FAQ: Supplement J timing and joining previous Employer


    Video Transcript

    You have to discuss your case with your lawyers.  I would recommend having your lawyers review your honest intentions make sure that everything is all right and then if you file the I-485 under whatever circumstances, Supplement J can be used after 180 days. 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. Tuesday, 22...
    Question: 1) My I-140 approved one Aug 2020. Filed I-485 in Oct 2020. Pending application less than 180 days No GC EAD yet. In this situation if my job is terminated for some reason, what will happen to my I-485 application ? <p> 2) After getting GC EAD and AP and before final action dates becomes current can I go outside USA and work for same employer who filed my I-485 or any other employers using EAD or needs to stay and work in USA until my GC is approved.?
    Answer:

    Watch the Video on this FAQ: Pending I-485 Petitions and 180 Day Portability Rule

     

    Video Transcript:

    1. I think you should be comfortable as long as your I-485 revocation does not get triggered off.

    2.  Well, first of all when you are outside the United States you do not need an EAD. Second as long as you have a permanent job offer it shouldn't matter whether it is the same employer or some other employer as long as you are protected by AC21 portability. Hence you have a lot of flexibility. Talk with your lawyers, make sure if a Supplement J is available now. The fact that you are working from outside the United States is completely irrelevant. 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. Thursday, 1...
    Question: I am a US citizen who Sponsored my fathers green card in 2010. His green card is expiring oct 2020. He had to stay in India since Jan 2019 due to health conditions. With the Covid pandemic situation and his age (81) and health conditions, he is not able to travel back to the united States before the green card expiry. My father does not have any family in India to take care of him and will have to come here so that my brother and I can take care of him. What are our options for avoiding the expiry of the green card? Secondly, is there a 60 day extension on the expiry date due to Covid 19?
    Answer:

    Watch the Video on this FAQ:

    Green Card holder stuck outside the US for more than a year

    Video Transcript

    You should try to get in touch with the consulate and send them emails, etc., asking them their guidance and that way you have at least some proof that you are trying to get back into the USA on time, but if it goes past one year it can't be helped, you can always start a new green card if you like, not too many options here. 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. Thursday, 1...
    Question: I am currently on H1B visa(3rd year) and few days back I got my I-140 approved in EB-2 category. I want to know if I can change my employer and retain my priority date.
    Answer:

    Watch the Video on this FAQ:

    Priority date and original I-140 approval notice

    Video Transcript

    So once again the priority date is yours the moment the I-140 is approved whether it is revoked the very next day, but if it stays unrevoked for 180 days whether or not you're with the same employer you also carry forward the right to extend your H-1B. 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. Friday, 25...
    Question: Currently, I am On My H1B, filled H1 extension on time, before I -94 expiry, ( Perm, I-140 Approved ). When H1 extension pending in normal process can I apply for a change of status to F1 by using the H1 receipt number? While I am on F1 if my Priority date is current, can I Adjust my status / file (i-485) when I am on an F1 visa? Will it be an issue If I am F1 visa to Adjust my status if priority date is current?
    Answer:

    Watch the Video on this FAQ:

    Changing status during a pending application - authorized period of stay


    Video Transcript

    There is an assumption if old status has expired and you have an application pending you are just in authorized period of state. And by the way, if you have an employment based green card going on and your dates become current you can file a I-485 that is if you are protected by section 245(k). 245(k) says we will forgive you being out of status or unofficially employed for up to 180 days if you are an employment based applicant or their derivative so if your old status expired, F-1 is pending, but the old status expired less than 180 days ago you can file 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. Friday, 25...
    Question: I'm currently working on H4-EAD in USA. I have approved H1 I-797B with employer "ABC" having start date as 11/16/2020 under consular processing in cap. Can employer "XYZ" file H1B transfer before my start date with "ABC"? If yes, can he do it with change of status?
    Answer:

    Watch the Video on this FAQ:

    Change of status on an H-1B approved for consular processing

    Video Transcript

    The answer is yes. Do discuss with your lawyers. 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. Friday, 25...
    Question: I had an H1B from my previous employer that was valid from Dec 2016-Dec2017. I never got the visa stamped and it has complete 6 years unused on it. The question I need your help with is if an employer files H1B for me, would it be eligible for Cap-Exempt processing or not?
    Answer:

    Watch the Video on this FAQ: Unstamped H-1B quota exemption

    Video Transcript

    The government may be pushy on this issue, but they do maintain that if you have not received a change of status for example from F-1 to H-1 or an H-1B visa stamp. If you are outside the USA you are still subject to the quota. I think they are legally wrong. So the bottom line is you should try to go ahead and give it a shot and I don't think the government is in a legally defensible position.

    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. Friday, 25...
    Question: Is there any legal issues with starting a LLC for a software product on H1B based on below scenarios. <br> Scenario 1: Start a LLC in partnership with a US Citizen. For example say I would be 90 % stockholder and the other person would be 10 %. My partner would run the company and do all the work that is needed to sell the software product. I would be a passive owner and not involved in any active duties.<br><br> Scenario 2: Start a LLC as 100 percent stockholder and employ a GC holder or US Citizen as a manager to run the company. I would be a passive owner and the manager would do all the active duties. Is there any restrictions around how much salary i should pay the manager of my company? How about if i offer him/her 10 % of the stocks as a compensation instead of salary or offer him/her commission based salary?
    Answer:

    Watch the Video on this FAQ: Owning or doing business on H-1B

    Video Transcript

    1. I do not see any problem with that.

    2. I think that's fine, but a little bit more complicated. There is no restriction on the salary to be paid to the manager and you can pay them in stocks. 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. Wednesday,...
    Question: My question is on unemployment benefits-is it illegal to collect unemployment benefits while on a B2 visa. I was on H1B and my 60 days are over so I moved to B2 (pending). I received unemployment benefits for the 60 days grace period which is legal. However, the question is how about after 60 days? I stay in California and EDD said they will look at my case and make a decision if I continue to get benefits after 60 days. My only concern is I don't want to collect benefits now that may cause issues later for GC.
    Answer:

    Watch the Video on this FAQ: Unemployment benefits while on B-2

    Video Transcript

    The extended unemployment benefits were for all US workers. They were not just for green card holders or US citizens. As far as I know this should not be a problem. 

    I have an article about what is allowed and what is not allowed on my Linkedin page

    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. Tuesday, 15...
    Question: I came to US on H-4, so I have only H-4 stamping in my passport. Got my H1b picked up in lottery two years back, and did COS to h1, and have approved i797A with I-94 and working with my current employer. Got an offer from another company, and they filed my H1b transfer, and got the i-797A approval with I-94. So my question here is, can I join the new company using the H1b transfer approval, even though I don’t have H1b stamp at all in my passport? Will this be a valid H1b transfer?, or should I go back to India to get my H1b stamping to join the new employer?
    Answer:

    Watch the Video on this FAQ: H-1B portability without a visa stamp

    Video Transcript

    When you have an H-4 visa stamp and you came to the United States and you got selected in the lottery that means you got your H-1B and you got your change of status. If you change employers you can start working as soon as your change of employer paperwork is delivered to the USCIS. You do not need any H-1B visa stamp for that purpose. 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. Wednesday,...
    Question: I am planning to switch from Employer A to B. Can you please help clearing some confusion i have. Moving from Employer A to Employer B with I-140 approved. 1: If Employer A revokes I-140 and Employer B files a new petition I can retain the priority date. Does Employer A have to revoke I-140 or if he can continue it even if I am not working there?<br> 2: If Employer A doesn’t revoke the I-140 and Employer B files a new Labor and I-140 petition and retains the PD of previous I-140, would the previous I-140 be valid anymore?<br> 3: If Employer B files a brand new PERM and I-140 with new PD (2020) and Employer A I-140 is valid with the old PD. What happens if the old PD becomes current. Do I need to go back to old employer A or Employer B can file I-485 with the old I-140 PD.<br> 4: Is there a one year max limit rule on filing the I-485 once the date becomes current? What if it cannot be filed, does that void approved I-140?
    Answer:

    FAQ: Issues in changing employers after I-140 approval

     

    Video Transcript

    1. Absolutely.

    2. Absolutely. The I-140 priority date gets attached to you. Therefore, wherever you go, that's where the priority date goes.

    3. No, because what is being transferred is the priority date and you can transfer that to any petition.

    4. Yes, there is an issue about the one year filing date, but it does not revoke your I-140. 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. Wednesday,...
    Question: My I 485 priority date is Feb 2018 (EB1B) and I am expecting as per current trend to receive my green card by December. I have greencard EAD valid until June 2021. However, I have enrolled for Fall 2020 semester in MIT to pursue a one year MS degree in System Design and Management. I am sponsored by my employer and I will be paid as a fulltime employee during this period. I will be writing a research thesis on a topic related to my company. On receiving green card, Do I need to discontinue my degree in between and immediately return to my previous position as a fulltime researcher in the company for which my greencard was filed? I
    Answer:

    Watch the Video on this FAQ:

    Going to school while I-485 is pending

    Video Transcript:

    In my view, there are no repercussions because there is a reason you are not joining immediately. As this is a very special circumstance, I would suggest you talk to your lawyer. 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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