US Immigration Questions

  1. Monday, 20...
    Question:
    Answer:

    Watch the Video on this FAQ: How does H-1 60 day grace period work?

    Video Transcript:

    The 60 day grace period is available to you for each H-1 episode whether it is an extension, amendment or a transfer. When they proposed the regulation, it was supposed to be one time 60 day grace period, but then government relented and made it available for each H-1 incident.

    For some extraordinary reasons like, you got laid off without any notice and you found a job in the next 40-45 days you can apply for a transfer. You cannot start working until you have applied for the transfer, using the AC21 you can start working until the decision is made and if the decision is made and they give you concession then you can get your H-1 within USA.

    Hence the 60 day period is available for each episode of H-1, two it is not automatic, you have to ask for it and three you can start working once you apply for the H-1.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.

  2. Monday, 20...
    Question:
    Answer:

    Watch the Video on this FAQ: Physician FMG applying for Cap H-1 through a cap exempt employer

    Video Transcript:

    1. My guess is they can. You can also have the employers' lawyers look into it or your lawyers look into it including making a phone call to the USCIS. Document what they have to say and if they say yes, then there is no problem, but if they say no it can be followed up further.

    2. They can, later on, do a cap exemption. If you don't go through the lottery their right to do a cap exempt is already there.

    3. No, it is October.

    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. Friday, 17...
    Question:
    Answer:

    Watch the Video on this FAQ: AC21, changing jobs and when to file Supplement J

    Video Transcript:

    There is a graph on this about when you must file Supplement J on our web site and what happens after you file. 

    As for your question, the answer is No. You will have to file Supplement J when the case is still pending, it's optional if you want to file you can but if you change employers next time and if there is an RFE you must file a Supplement J. 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. Thursday,...
    Question:
    Answer:

    Watch the Video on this FAQ: Impact of the new I-140 regulations

    Video Transcript:

    Your revocation of the I-140 is occurring from December 7 which is before January 17 where you would have been protected. I am worried that in your case if there was a revocation you will not be allowed for multiple H-1 extensions based upon an I-140 that has been revoked. If the revocation was from January 17 onwards you would be fine, but if it is before January 17 you will no longer have the right to keep getting H-1 extensions if the employer revokes your I-140. That was the old law. 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. Thursday,...
    Question:
    Answer:

    Watch the Video on this FAQ: Medical problems/diseases that can cause issues in green card

    Video Transcript:

    It is not an issue for Green Card. 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. Wednesday,...
    Question:
    Answer:

    Watch Video on this FAQ: Joining a company other than green card sponsor; staying abroad after green card - reentry permit

    Video Transcript:

    You have to take the green card job to make yourself safe. If you come to the USA and you take the green card job intending to work for this company in the USA on an indefinite basis and with the consent of the company you can apply for a reentry permit. A reentry permit is not a guarantee, but it is a formal declaration by you that says that you are going to live outside the USA for up to two years and not to take your green card away.

    A1. I think it is a little risky.

    A2. Not from outside USA. You will have to come into the USA.

    A3. After you file for your biometrics, it takes about 6-8 weeks to get it done and then you can leave and the reentry permit can be picked up even at your lawyer's office or at any USA address that you have given or at the consulate in your home country.

    A4. For green card holders, you can never file taxes as a non-resident. The best thing is because you are living in India we have some kind of a taxation relief treaty with India so that you don't have to pay taxes twice. 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.
  7. Tuesday, 14...
    Question:
    Answer:

    Watch the Video on this FAQ: Revoke H-4 EAD regulation



    Video Transcript:

    The reason H-4 EAD regulations have come under a cloud is because there is a lawsuit pending. This all started about two years ago when an organization called Save Jobs USA sued USCIS for the regulations that created H-4 EAD and the basis was that these regulations were beyond the authority of the USCIS and they were hurting US workers. 

    The major issue right now is, does Save Jobs USA have the right to file this lawsuit. If they win then this case goes back to the District Court. H-4 EAD regulations should not go away very quickly. One of the dangerous thing is that Save Jobs USA as a part of their appeal has asked the court to not only rule that they have standing to sue but also to rule that the Department of Homeland Security does not have the power to issue these regulations. I don't think the court of appeals is going to entertain that.

    Rajiv in this video explains, discusses and answers questions on this issue.


    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. Tuesday, 14...
    Question:
    Answer:

    There is nothing in law that stops an F-1 student from directly filing for a green card. But, exhibiting immigrant intent while on an F-1 visa can raise some issues that should be discussed and planned for with your lawyers.

  9. Tuesday, 14...
    Question:
    Answer:

    No. The only EAD possible is a compelling circumstances EAD. This would not be a routine EAD. See the graphic on my blog.

  10. Friday, 10...
    Question:
    Answer:

    Watch the Video on this FAQ: Automatic Visa Revalidation (AVR) traveling to Canada

    Video Transcript:

    She can apply for visa stamping in Canada. She can just use the H-4, 1-94 and at the airport when they ask her to surrender the I-94 she can tell them that she will be using the same I-94 to come back. Keep a copy of the I-94. If they insist on the surrender you can show them a copy of the I-94. On your way back they should let you on your AVR. 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.

  11. Thursday, 9...
    Question:
    Answer:

    Watch the Video on this FAQ: Using for green card experience gained with end client

    Video Transcript:

    Normally you cannot use the experience gained by the end client if the end client applies for your GC. That is the normal rule. 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.

  12. Thursday, 9...
    Question:
    Answer:

    Watch the Video on this FAQ: Legal rights/benefits of Green Card compared to H-1B

    Video Transcript:

    It is easier to define the rights of a GC holder in comparison to the rights of a U.S. citizen. You can pretty much do everything that the US citizen can do.

    1. Of course, a US citizen can be on bench. no risk of green card revocation there.
    2. Technically if you are gone for less than 6 months there shouldn't be too many questions.
    3. Once you get your GC approval whether you get paid ten times more or less is irrelevant. 
    4. You can be self-employed as a GC holder and you can do a 1099.
    5. That's not a problem at all.
    6. Yes, it is legal for a GC holder to be unemployed. 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.
  13. Wednesday,...
    Question:
    Answer:

    For VisaScreen --

    Applicants educated in specific countries where English is both the native language and the language of classroom and textbook instruction (see below) are exempt from having to take an English language proficiency examination. For you to be exempt, you must meet BOTH of the following criteria:

    1. your country of entry-level education was in United Kingdom (England, Wales, Northern Ireland and Scotland), Australia, Canada (except for Quebec), New Zealand, Ireland or the United States, and

    2. the language of textbooks and verbal instruction of your education was English.

    Exemption is not automatic because you meet all the criteria, CGFNS/ICHP must review your educational documents to determine exemption. IF CGFNS/ICHP determines you are not exempt, you will receive a letter.

  14. Tuesday, 7...
    Question:
    Answer:

    Watch the Video on this FAQ: Entering the USA on B-1/B-2 visa to get married

    Video Transcript

    It is a bad idea for a bunch of reasons. The better option would be where she can apply for an F-1 visa now, especially if she has been to the USA and gone back before. Her chances of getting an F-1 is good. If they have not been formally engaged then there is a question I think in the DS-160 during the student visa which asks: is your fiance is in the USA and I don't think if you are not engaged you can say yes to that question so I think she will be ok. Her chances of getting a student visa will be good because she has been to the USA before on a tourist visa. She must enter as a bona fide good faith student. She must want to go to school. After a semester or two, if they want to get married, I think that is ok. She can continue as a student while she waits out her GC category. That is the only smart scenario I see. 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.

  15. Friday, 3...
    Question:
    Answer:

    Watch the video on this FAQ: Can pending immigration applications be affected by changes in the law?

    Video Transcript:

    Pending immigration applications will not be affected by changes in the law. Some of these things cannot be changed by executive order they can only be changed by Congress. The idea is you cannot change the rules of the game for those who are already in the game you can change them for people in the future. That's all the more reason for anybody who has not filed their green card or anybody who is waiting to file any application, including naturalization go ahead and file them all as soon as possible, but don't get worried about pending applications they should go through under the old laws. 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.

  16. Thursday, 2...
    Question:
    Answer:

    Watch Video on this FAQ: Will H-4 EAD Rule be revoked?

    Video Transcript:

    1. I don't think it will be revoked.

    2a. Yes, you can if your spouse's I-140 is approved or she is in the 7th year of her extension.

    2b. Yes, you can change back to H-1B.

    2c. I cannot predict this question as it is a question of logistics. 

    2d. Most definitely.

    3. You can be in any status. If your right to activate or H-1B comes mature you can jump back to H-1B without any problem. 

    4. It does not.

    More...

  17. Thursday, 2...
    Question:
    Answer:

    Watch Video on this FAQ: J-1 Physician applying for following to join after waiver

    Video Transcript:

    Yes, if you are in the USA in legal status and his priority date through which he got his green card is still current you should be able to file your I-485 directly. 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.

  18. Wednesday,...
    Question:
    Answer:

    Watch Video on this FAQ: Job promotions during AC21 portability of green card

    Video Transcript:

    If you have not filed your I-485 you have to start your green card all over again. You can get an H-1B for any professional job and getting an H-1B for a director position should not be a problem. When you have to start the green card all over again and you are just taking the priority date forward your jobs can be completely different they don't even have to be same or similar. 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.

  19. Tuesday, 28...
    Question:
    Answer:

    Watch Video on this view FAQ: The new regulations, withdrawal of I-140, H-1 extensions

    Video Transcript:

    The moment your I-140 is approved the date is yours, the moment it stays unrevoked for 180 days your right to extend your H-1 with any employer remains safe even if the 1-I40 is revoked. But the caution that I was pointing out to be is sometimes USCIS can go back and revoke an already approved I-140. But they have raised the bar on that too. They will not be able to take away your rights merely because they made an error. The error has to be something I call error plus, basically which means there were some certain facts that were not in evidence when they approved the case. 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.

  20. Tuesday, 28...
    Question:
    Answer:

    You can continue to extend your H-1 even after I-140 is revoked by the employer, IF, the revocation was sent more than 180 days after I-140 approval.

    Under AC21, you do not have to start a new green card if:

    1. Your I-140 is approved;

    2. Your I-485 has been pending for 180 days or more;

    3. You will take an employment same as or similar to your green card job; and

    4. You file Supplement J.

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