US Immigration Questions

  1. Authored on: Tue, 04/28/2020 - 01:39

    Watch the Video on this FAQ:

    Covid Coronavirus H-1B employee furlough's

     impact on green card and H-1B


     

    Video Transcript:


    First of all you haven’t lost status in my opinion because you can always claim with the government that you are maintaining status and the non-payment of the full salary is no fault of yours. I don't think you can do much during the coronavirus times. Don't worry about status. You have not done anything wrong and definitely you are not accruing unlawful presence. At the termination of this coronavirus period you can continue the same employment, but I would rather have you change employers and get another H-1 then file a complaint against the employer because they have to pay you a hundred percent of your wages. They cannot just pay you twenty percent. That’s illegal. 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: Sun, 04/26/2020 - 01:39

    Watch the Video on this FAQ:

    EB-1C International Managers/Executive Green Card portability


    Video Transcript:

     

    1. Even if there were a substantial difference in the salaries I don't think it is a major issue. The requirement of the law is that the jobs must be same or similar. The idea that someting is similar presupposes that they are not the same. I don't think salary is going to be a problem.

    2. As long as the roles and responsibilities are the same and you are performing substantially the same job duties I do not anticipate any problem.

    3. Regarding documents don't do it yourself. Get a lawyer. You need to file supplement J and it is something that should be assessed by a lawyer before it is filed. 

    4. AC21 is good. Even if they cancel your I-140 it is not going to be a problem. Once I-140 is approved and it stayed pending for 180 days you are covered from every possible angle. In your case you are protected from every possible angle, even if the employer revokes the I-140. FAQ in detail...



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  3. Authored on: Sun, 04/26/2020 - 01:39

    Watch the Video on this FAQ:

    Loss of job/laid off during Covid/coronavirus times

     

    Video Transcript:

     

    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...


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  4. Authored on: Wed, 04/22/2020 - 01:39

    Watch the Video on this FAQ:

    Applying for tourist, visitors, B-1, B-2 to maintain status


    Video Transcript:

    B-1/B-2 is not a perfect solution, but it allows you to be in an authorized period of stay for up to six months. You can apply before the six months are over for another extension whether or not you get it as long as the case is pending it was timely filed you are not illegal. You do not accrue unlawful presence, but you cannot jump to another status for that  you might have  to go outside USA. But under the current environment, it is an good point to argue. FAQ in detail...



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  5. Authored on: Tue, 04/21/2020 - 01:39

    Watch the Video on this FAQ: Effect of take over on L-1


    Video Transcript:

    The answer is Yes. Remember that the relationship between the companies acquired, acquiring branch and parent does not have to be one year old, only your work for a member of  that group of companies must be one year outside the USA. FAQ in detail...




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  6. Authored on: Tue, 04/21/2020 - 01:39

    Watch the Video on this FAQ: H1B visa holders during COVID

    Video Transcript:

     

    1. You can definitely take the state unemployment insurance if the state law allows. 

    2. I-94 expiration date is in one of the two places. If your most recent I-94 was issued upon international travel you can go online and print out a copy but if your most recent I-94 was issued within USA as a change of status  you will need to get a copy of the approval notice at the bottom of which the I-94 is attached. Your lawyer should cut it out and give it to you. They are required by law to give it to you.

    3. You cannot do that.

    4. Reducing the number of hours is less objectionable. 

    5. They are taking a long time and they don't necessarily have to get approved the same time. Yes, there is likely to be a gap. FAQ in detail...


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  7. Authored on: Tue, 04/21/2020 - 01:39

    Watch the Video on this FAQ:

    Losing job after AOS I-485 interview


    Video Transcript:

     

    File for Supplement J if you already have a job. It may extend your green card processing time a little bit, but it is worth the wait. 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: Mon, 04/20/2020 - 01:39

    Watch the Video on this FAQ: I-140 revocation

     

    Video Transcript:

     

    You should file a  Freedom of Information Act (FOIA) request online. You should be able to file and ask for all immigration related documents relevant to your case. They should be able to give you any documents that can prove that your I-140 was approved. Remember, even without the proof you should be entitled to almost all the benefits because the I-140 is the employer's case and you may not have a copy of the approval but you are the beneficiary of that case so the government should cooperate.

     

    If you do not have an issue with extension beyond six years you are fine. Even if they revoke your I-140 one day after your I-140 approval, they cannot take away your priority date. That can be transferred to another new green card. If they don't revoke the I-140 or if they revoke it after 180 days your spouse will be entitled to H-4 EAD. But if they revoke it before the 180 days then both you and your spouse will have to wait until your second I-140 to a new employer is approved. FAQ in detail...




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  9. Authored on: Sun, 04/19/2020 - 01:39

    Watch the Video on this FAQ: Student on OPT during Covid 19

    Video Transcript:


    Please check the websites ICE (SEVP) , USCIS and NAFSA for frequently asked questions related to your issue. Also if they have a foreign office or an office in your country you can work for them. 

    FAQ in detail...



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  10. Authored on: Sat, 03/21/2020 - 01:39

    Watch the Video on this FAQ:

    Transfer of H-1B while extension is pending

    Video Transcript:

    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.