US Immigration Questions

  1. Authored on: Wed, 07/08/2020 - 07:09

    Watch the Video on this FAQ: Students aging out of H-4

    Video Transcript

    1. He can change to F-1

    2. You are likely to get the H-4 to F-1 conversion and he should be able to do it within the United States. You can check with them about I-20s. File as early as you can and that's the best you can do. He might be able to travel to Canada or Mexico to get his F-1 visa stamp in done. 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. Authored on: Tue, 07/07/2020 - 02:25

    Watch the Video on this FAQ:

    Religious Worker Visa, premises still under construction

     

    Video Transcript

    As long as you have somebody who can start working soon, I think it could be accommodated. In this case I would have to review the law. 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. Authored on: Tue, 06/09/2020 - 06:32

     

    Watch the Video on this FAQ:
    Covid Coronavirus Converting to B-1 B-2 status and 
    Covid Coronavirus H-1B denial

    Video Transcript


    A lot of you who have been laid off can use this information to maintain status. Lets say you got laid off in your H-1B. The way the 60 day grace period works is, you are given either the time remaining on your I-94 or 60 days whichever is less. So if you have only 45 days on your I-94 you have got a 45 day period not a 60 day period. 

    As long as you file a B-1/B-2 application with the government within those 60 days or 45 days depending upon your situation I think you are going to be quite OK. But here is what you need to understand. When you file B-1/B-2 you will use the form I-539. You will prepare a cover letter to the government telling them the truth that you have been laid off unexpectedly in the times of coronavirus. You cannot travel outside the USA, finding another job is getting difficult, you have enough money to support yourself, you will not work illegally and you are asking for a six month stay on a B-1/B-2 status and that as soon as you are back on H-1B you will not start working until the H-1B is approved. So make these points with the government.

    You can file the application online. While this application is pending you are not accruing unlawful presence. You are in an authorized period of stay. But here is one big point to remember. If you ask for six months your application is probably not going to be decided till about nine months. The last three months you would be accruing unlawful presence. So what you need to do is before the requested six month period is over if you have not found a job, apply for another extension even though the first one is still pending. Keep applying for further extensions until you need them no more.

    But B-1/B-2 is a great way to maintain your status. Nobody can travel during this time, so obviously you have something pending with the government even if you are out of status. These are extraordinary circumstances the government should forgive you for being out of status and at some point either at the point of the fist B-1/B-2 or at the point of the second B-1/B-2 approve your B-1/B-2 therefore take away all your unlawful presence issues and if they don't that’s what the good lord made the courts for. Apply for a B-1/B-2. It is a very important way to do things.

    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. Authored on: Wed, 05/06/2020 - 11:34

    Watch the Video on this FAQ:

     

    Implications of the 240 days grace period


    Video Transcript


    When you file your petition timely you have a 240 days grace period to continue working even after your current status expires. That is a very big advantage, but the problem is what if the government takes more than 240 days to adjudicate. While the case is pending you can work for only 240 days, but you can stay an unlimited amount of time in the United States as long as the case is pending.

    In the context of an H-1B if you have filed for an extension to change you can continue working as long as the case is pending, but if you have filed for an extension without change, you have got 240 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.

  5. Authored on: Tue, 05/05/2020 - 01:39

    Watch the Video on this FAQ: B-1/B-2 visitors visa extension 


    Video Transcript

    There should be no problem applying for extension in these circumstances. The important thing is to get the application filed. It is not that important to get it approved. Make sure he keeps proof of timely filing. 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. Authored on: Tue, 05/05/2020 - 01:39

    Watch the Video on this FAQ: Effect of immigration proclamation/

    executive order on green cards


    Video Transcript

    First of all it does not apply to people who are already in the United States. It impacts, only to the extent that they will not get the immigrant visa stamp on the passport for the next 60 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.

  7. Authored on: Tue, 05/05/2020 - 01:39

    Watch the Video on this FAQ: 

    Covid Coronavirus loss of job while in AOS I-485 period

    Video Transcript

     

    All you have to do is file a Supplement J with a new job offer. In the meantime, if you are not working and staying at home that’s fine because adjustment of status 180 days brings you to a point where you don't have to have a job you only have to have the offer of a same or similar job. If the supplement J is denied I guess you can file another Supplement J. I would probably file a motion to reopen if the I-485 is being denied with another Supplement J. 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. Authored on: Thu, 04/30/2020 - 01:39

     

    Watch the Video on this FAQ:

     

    Covid Coronavirus changing H-1B home office location


    Video Transcript

    Changing location of work within the same geographical area is not a problem. Do remember to file your AR-11. 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. Authored on: Thu, 04/30/2020 - 01:39

    Watch the Video on this FAQ: Covid Coronavirus Question from

     Employers about Payroll for H-1B and others L-1, E, etc. employees


    Video Transcript

    If you look at the Department of Labor regulations they say that the employer cannot stop paying a salary or the right amount of salary for anything that the employer does. So if you don’t have a project that's your problem. If by law or by local order you cannot open offices and you cannot work, would you as an employer be allowed to pay a lesser salary and that might be something to look at because rather than laying off all the people that your concerned about I would have you to think about other alternatives. 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. Authored on: Tue, 04/28/2020 - 01:39

    Watch the Video on this FAQ:

     

    Covid Coronavirus Extension of B-1-B2 (tourist visas or business visas)

     

    Video Transcript:  


    This is an extremely important question, applying for an extension of B-1/B-2 status while there is coronavirus epidemic happening. ABSOLUTELY apply for your B-1/B-2 extension. It should not be a problem and once you apply for it online using form I-539 it is received by the government. You don't have to step outside your house. Now specifically answering your question you can extend six months from June. So once the application is received your parents can continue to stay here while the application is pending. 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.