General Nonimmigrant Visa

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FAQ: Changing back to F-1 student status after filing for green card; I-94 given for duration shorter than entitled; H-1B amendment when change of cities; Impact of traveling while H-1 extension is pending; Birth certificate non-availability, affidavit; Changing jobs after I-140 approval; STEM OPT extension for consulting or staffing companies; Effect of divorce on an employment-based case and cross-chargeability; Transferring H-1 subject to cap, cap-gap extension; Remedy for denial of I-485 AOS; Sued by employer.

Other: Effect on relative petition if petitioner loses their green card; Revocation of I-140; Porting priority date; Changing jobs H-1 or EAD, converting from EAD to H-1; F-2 out of status converting to H-4; H-4 family traveling while H-1 extension is pending; CAP-GAP extension and drivers license; Effect of relocation to India during green card processing; Visa stamping for H-4 out of status, etc.

Employers May Submit Inquiries If Extension of Status/Change of Employer Petition Has Been Pending for 210 Days or More

On April 21, 2016, USCIS began allowing petitioners who filed Form I-129, Petition for a Nonimmigrant Worker, requesting an extension of status or change of employer to submit an inquiry after their petition has been pending for 210 days or more. This inquiry may be based on the petition being outside of normal processing times.

Team Notes: 
Nonimmigrant Visas: 
Profession/Occupation: 
Immigration Law : 
Substantial transcription for video: 

Topics for Discussion, Thursday, 21 April 2016:
FAQ: Is H-4 Visa needed after H-4 EAD approval; H-1 cap exempt working concurrently for H-1 cap employer; Safe time to change jobs after I-140 approval; PERM-based green card through relative-owned company; What to do if company is under visa fraud investigation, indictment, conviction.
Other: L-1B expiring, options to stay and work in the USA; Form N-600 child born outside the USA to a US citizen parent; H-1 quota exemption if visa is not stamped; H-4 EAD gap in EAD; Attorney negligence in H-1 filing; H-1 approval for projects where duration is 6 months and only vendor letter is available – no end client letter; CAP Gap extension; Priority date transfer problem – delays; Police clearance from the USA; Unlawful presence under H-1B; Renewing green card; L-1A options to stay in the USA after 7 years; Applying for naturalization – several visits outside the USA – residency requirement; H-1B unlawful presence; Bounced check USCIS fees problems; etc.

Name variation in diploma or degree, name change for immigration

I have BSc., [Maths] – 3 yrs degree + MSc., [Computer Science] – 2 yrs degree in India Grade A Universities and 11 years exp in IT industry applied I-140 under EB2 category. Last week I got the RFE like below. I can provide my legal name change evidence. Please see the RFE description and labor certification details below.
"Is USCIS not certain that I have met the educational requirements of the labor certification position"? I can see only one statement that "USCIS is unable to determine if the beneficiary has met the educational requirements "Once I have documentation that NEW NAME and OLD NAME are the same person, will USCIS accept my educational documents?

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Does H-4 EAD have to be applied again if H-1 changes jobs?

I am currently on H-1B(Valid till Sep 2018) with approved I-140 for Company A and spouse has H-4 EAD (valid till Sep 2018). My question is, if I switch my job to a company B. Can my spouse continue working with the current H-4 EAD (which is valid till sep 2018)?Will it cause any issue during next H-4/EAD extension?

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Travel while H-1 COS is pending

My Spouse is on H-4 and has a Valid H-4 stamped till Jan 16 2017. I am planning to apply H-1 for my Spouse through an Employer this year. Is it advisable to travel to India while her H-1B is in Process? What will be the implications if she travels to India?

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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H-1 entering USA when visa is about to expire

My amendment has been filed by my company in Aug15 but not approved yet. Now I want to travel to India in month of April & get back in same month . after coming back H1B extension will be filed by company. My question is can they create any problem on my return since my visa is about to expire in June 2016 & amendment is not approved yet.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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New STEM Designated Degree Program list - ICE

The STEM Designated Degree Program list is a complete list of fields of study DHS considers to be science, technology, engineering or mathematics (STEM) fields of study for purposes of the 24-month STEM optional practical training extension described at 8 CFR 214.2(f). Under 8 CFR 214.2(f)(10)(ii)(C)(2), a STEM field of study is a field of study “included in the Department of Education’s Classification of Instructional Programs taxonomy within the two-digit series containing engineering, biological sciences, mathematics, and physical sciences, or a related field.

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Nonimmigrant Visas: 
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