US Immigration Questions

  1. Authored on: Mon, 03/05/2018 - 10:11

    Tourist visas are often denied based upon incomprehensible reasons. The most difficult reason to overcome is the 214B denial. Essentially, the consular officer says that your parents possess immigrant intent and that he is not convinced they will come back. You can ask for a supervisory review of that decision, but most of the times they don't work.

  2. Authored on: Thu, 02/22/2018 - 02:27

    Watch the Video on this FAQ: National interest waiver (NIW) filing when priority date is not current

    Video Transcript

    1. No because the dates are not current. If your country of birth is India you cannot file them together.

    2. No because you can't get I-485 filed.

    3. Remember NIW is not bound to a particular job except for physicians. Doctors are different, but NIW for non physician employment is not tied to a particular position you can change jobs as many times as you like as long as you are still working in the area of 'intrinsic merit'  which is the basis of your filing. 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. Authored on: Tue, 02/20/2018 - 07:47

    Watch the Video on this FAQ: AC 21 job portability, changing jobs before 180 days

    Video Transcript

    I do not see any issue other than the time issue so if you are able to have the I-485 pending for 180 days you are good. 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. Authored on: Mon, 02/19/2018 - 03:41

    Watch the Video for this FAQ: Can I get H4 visa stamping while the H1 to H4 change of status is still pending?

    Video Transcript:

    Absolutely no problem at all. You can go to any country of your choice, no harm done. Remember for H-4 stamping a prior approval from the USCIS is not needed. You walk in with your spouses H-1 approval and that's how you get your H-4. 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. Authored on: Wed, 02/14/2018 - 11:26

    Watch the Video on this FAQ: H-1B or other status denied - what is my status?

    Video Transcript

    Basic Concepts to be in Status

    To be in Status means you got the right kind of I-94. For example, if you are on H-1B and you have got an H-1B and I-94 which is unexpired and a proper approval from the USCIS to work for that employer at that location and you get paid and you are doing the work that you are supposed to be doing. So Status is a combination of immigration permissions as well as the work you do in the context of H-1B. In the context of F-1 it is the study that you do, so you could have an F-1 approval on paper, but you are not attending school, you are out of status or you could have an H-1B approval with an unexpired I-94 but you are not approved to work at the location you are working.

    Therefore, it is a mixture of immigration permissions and the activity which is permissible and expected under the immigration permissions.

    Then comes unlawfully present. This is a very complicated concept. Unlawful presence is dangerous because 180 days of unlawful presence will make you ineligible to enter the United States for three years. One year of unlawful presence will make you ineligible for 10 years. Now typically the unlawful presence begins with I-94 expiration or a finding by the USCIS or by an immigration court if you are in proceedings in deportation etc... that you are out of status and unlawfully present. That's the date your unlawful presence will kick in. This is a very complicated concept.

    So when you are not doing the activity or don't have the proper legal permissions you could be out of status and unlawfully present that's the third concept and the fourth concept is authorized period of stay. This is in between status. You are allowed to stay in the United States, but you cannot convert from one status to another, from authorized period of stay to status. An example: lets say you were on H-1 and you filed for I-485 Adjustment of Status you let the H-1B expire you working on EAD you are in an authorized period of stay. If you want to go back to H-1 you cannot do a conversion or a change of status from Adjustment of Status to H-1. You can get an H-1B approval, but to get this status you have to leave USA get a visa stamp and come back because authorized period of stay is not status. 

    These are very important. Please share them with as many people as you can especially in today's environment when Trump administration is in my opinion illegally denying a lot of cases. 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. Authored on: Mon, 02/05/2018 - 22:52

    Anyone who attempts to gain any immigration benefits, including visas, through perceived fraud or misrepresentation is permanently barred from entering the USA. In cases like this, you can try to revisit these findings with the consulate, but these are long, drawn out battles and difficult to win. Temporary visits may be possible with something called a 212 (d) (3) waiver.

  7. Authored on: Wed, 01/31/2018 - 01:46

    Watch the Video on this FAQ: How to find an accredited university to get Master’s degree to process an EB-2 green card

    Video Transcript

    The US Department of Education maintains a list of state level agencies who can accredit programs and your university should be able to tell you who has credentials or accredited them or their programs. 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. Authored on: Tue, 01/23/2018 - 01:22

    Watch the Video on this FAQ: Transferring H-1B while an RFE is pending

    Video Transcript

    Yes of course, but in a situation where your company applied for your extension, let's say six months ahead of time and in the second month they got a RFE, its pending now, but you still have four months on your original H-1 still left during that time you can transfer there is no question. But what if your status has expired and the extension is pending you can still transfer, but you may have to go outside for visa stamping if on the date your transfer is approved or extension is not already 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.

  9. Authored on: Mon, 01/22/2018 - 23:59

    Watch the Video on this FAQ: Change in job title after getting a green card approval

    Video Transcript:

    We would have to look at your job title and job description in the green card and see how different it is from the position you took on. Unfortunately for consular processing people, we don't have that same law - the AC21 same or similar job law. So I cannot really comment that this is going to be or not going to be a problem. Generally speaking, if you are going through Adjustment Of Status process and your I-485 has been pending 180 days, your I-140 is approved that means you are covered by the AC21 rules. In those circumstances, a change in job title to a same or similar job 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.

  10. Authored on: Mon, 01/22/2018 - 23:29

    Watch the Video on this FAQ: H-4 EAD rules change and H-1B extensions rules change

    Video Transcript

    1. What you could try doing is have your green card started and you can use that to extend your H-1. 

    2. The problem is you don't have any time left on your H-1 because you have taken 6.9 years of L-1A. I think you can only do this if you start a green card process. More Questions and Answers

     

    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.