L-1A Visa

Recording for July 27, 2023 Conference Call with Rajiv S. Khanna

9 months ago By Chief Editor

Immigration.com

Community Conference Calls

Nonimmigrant Visas

Green Card

FAQs: Can I omit a previous experience in PERM filing and I-140 transfer between companies? || Sponsoring Employment-Based immigration petition for Self-Employment: EB-2 or EB-1 I-140 || H-1B visa holder working remotely from India: Permissibility of working for an Indian company and also starting a business in India || Starting a new venture as an H-1B visa holder: Establishing an LLC/CCORP and Involvement as a Board Member and Founder

Recording for April 06, 2023 Conference Call with Rajiv S. Khanna

1 year ago By Chief Editor

Immigration.com

Community Conference Call

Nonimmigrant Visas

Immigration Law

Green Card

Discussion Topics:

Laid off on H-1B or L-1A; 60 days grace period, maintaining status, switching to and back from I-485 EAD; Priority date becomes current but there is no job in hand

1 year ago By Chief Editor

Question details

Given the current situation with tech layoffs, I wanted to understand the options available for people in my situation.

I’m currently working in the US on H-1B and my GC application (I-485) with PD July 2014 and 485 is in “Case remains pending”.

I have 485 EAD approved till 2024 and Advanced Parole is still pending.

Since we only have 60 days on H-1B to find a new job. How easy is it to switch to EAD? Is there a procedure to follow to switch to EAD?
Once someone switches to EAD. Can they again switch back to working on H1 after finding a job?
Now if someone switches to EAD and their date becomes current before they can find a job. What are their options?

Now if someone switches to EAD and their date becomes current before they can find a job. What are their options?

Also, do we have any info on what the status “Case Remains Pending” means?

FAQ Transcript

1. Switching to EAD is very easy. There is no formal process for it. All you have to do is when you want to convert from H-1B or if you have been laid off present your EAD as documentation of your authorization to work.

2. Travel back into the United States with an H-1B visa and that of course comes after you get an approval from the USCIS.

3. In a case like this you should get your approval. Make sure you get the next job in the same or similar field. Keep some documentation that shows they are in the same or similar field.

Recording for December 15, 2022 Conference Call with Rajiv S. Khanna

1 year ago By Chief Editor

Nonimmigrant Visas

Green Card

FAQ: Explaining PERM Prevailing Wage Determination (PWD) and its elements || Recapturing H-1B unused time (Remainder Option); Changing H-1B field; USCIS’s stand on combining degree and work experience || H-4 EAD visa holders opening an LLC in the U.S. and employing their H-1B holding spouse on concurrent H-1B || Gap in status, for instance, H-1B and H-4 status issues || Eligibility for EB-1A (Extraordinary Ability)

Recording of June 9, 2022, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

1 year ago By Chief Editor

Nonimmigrant Visas

Green Card

FAQs: Traveled on Advance Parole - Maintaining H-1B status without going for stamping and filing multiple I-485 or Interfiling || Green card application for parents during tourist visa || How are PERM minimum job requirements determined? || Extending or Renewing F-1 student visa risks and requirements || Various Interfiling Issues ||

April 28, 2022, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

2 years ago By Chief Editor

Immigration.com

Community Conference Calls

Nonimmigrant Visas

Green Card

Discussion Topics, Thursday, April 28, 2022:

L-1A individual visa interview waiver

2 years ago By admin

Question details

I had L-1B individual visa which was rejected during the extension process about 2 years back and my company filed fresh L-1A individual petition after I came back to India which is approved now. Does my case for L-1A individual visa qualifies for visa waiver? Note that : I also had H1-B denial after it was picked in lottery in RFE process before L-1B was approved.

It appears that you may not qualify for an interview waiver because you had an H one B denial that was never overcome.

FAQ Transcript

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Abandonment; can I leave the USA while a change of status is pending?/Stamping requirements

2 years ago By Chief Editor

Question details

Background: I am currently on L-2 VISA and is going to expire in May. My company is going to file my Canada visa in a month. My spouse's (currently on L1A) employer is going to file her GC soon and she wants to stay with our kids until a decision is made (stay as a visitor or on the basis of GC filing). We decided that I will go to Canada and if the GC processing won't happen or the outcome is negative, she will join me in Canada at a later time.

Now:

I want to apply for the change of status from L-2 visa to visitor visa while I am still in the US, and leave for India while my Canadian visa is in process and travel to Canada directly from India. (I am going to see my parents as it's been years and can't travel to India if I join my company back in Canada anytime soon).

Questions:

1) Is it okay to leave the US while my change of status from L-2 to Visitor visa is in the process?

2) If yes, will USCIS continue to process and intimate me once they approve?

FAQ Transcript

In this case it should be fine, but remember to go through the Section 222 (g;) of the Immigration and Nationality Act. Another thing you need to remember is in order for you to get a B-2 visa stamp or a B-1 visa stamp at the consulate you do not need any kind of approval from the USCIS.

Note: Where transcribed from audio/video, 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.

Success in filing an L-1A “new office” petition

2 years ago By Chief Editor

We successfully assisted the client company, an online retail business, in filing an L-1A “new office” petition to enable the beneficiary to join the U.S. subsidiary temporarily as Chief Executive Officer to lead the development and formulation of the U.S. Entity’s short and long-term strategy. While in the U.S.

Nonimmigrant Visas

Agency

USCIS

Qualifications for EB-1 Multinational Executives and Managers in a small company

2 years ago By Chief Editor

Question details

I am currently working as a Senior Software developer at a small company (13 employees). It is privately held and I don't have any stake in it. I am on an H-1B visa and my I-140 is approved under the EB-3 category. I see an opportunity to start a team in India for my current company. I can manage the team from India, staying there for a year. After that, I can come back to the US and still manage the Indian team while working in the USA. I will probably have to play a dual role where I am a senior developer and should manage the Indian team. Will I be eligible for EB-1 manager/executive level after 3 years? If not, is there an easy way I can leverage the advantage of working in a small shop to get a green card faster.

FAQ Transcript

You should be able to include the team in India amongst the professionals you manage if the benefit of the work flows to the corporate collective. You don't have to be outside the USA for three years. The required time period is one year. This could work, but you must have a detailed consultation with your lawyers. They should make sure your proposed jobs in India and then in the USA meet the legal requirements for an L-1A/EB-1C.

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