US Immigration Questions

  1. Wednesday,...
    Question:
    Answer:

    Watch the Video on this FAQ:

    Applying for green card while on student (F-1) visa

    Video Transcript

    If you are India born then applying for a green card while as a student does not help you much because it's not going to get you a work authorisation nor is it going to get you a green card for another decade. So in theory this is available, but if you are India born maybe not such a good idea. 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. Wednesday,...
    Question:
    Answer:

    Watch the Video on this FAQ: Downgrading from EB-2 to EB-3

    Video Transcript

    I see no problem applying for EB-3 and then using whichever one is faster when the time comes. 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. Tuesday, 2...
    Question:
    Answer:

    Watch the Video on this FAQ: What to about past immigration

    problems causing a current visa denial?

    Video Transcript

    I think you should hire a lawyer. Your lawyer should first reach out to the consulate wherever the visa was denied and ask them the reason for denial. At the same time they should apply for Freedom of Information Act (FOIA) request. Get a copy of all the documents that the government has on you. It is a long, tedious process and it could take months or even years to get it straightened out.

    If possible you should also look at 212(d)(3) waiver. These are available for non-immigrant visas such as a tourist visa even though you have a bar from entering the United States. 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. Tuesday, 2...
    Question:
    Answer:

    Watch the Video on this FAQ: When does one become

    H-1B cap exempt - change of status/visa stamp?


    Video Transcript

    In your case if we counted from six years from August 2013 when your H-1B was approved, you are then okay or cap exempt till August 2019. But again, the policy has been that they count the six years from the date your H-1B expired which is 2014 not 2013. Policies can change overnight so I think you can apply for an H-1B exemption as an H-1B exempt worker. 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. Monday, 24...
    Question:
    Answer:

    FAQ: H-1B joining another employer while a transfer,

    extension or amendment is pending

    Video Transcript

    1. The answer is yes. 

    2. It depends. Normally 60 days grace period is available for unexpected cessation of employment. As long as your I-94 is valid. But let's say your I-94 is valid for only 45 days you will not get a 60 day grace period. You will get a 45 day grace period. 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. Monday, 24...
    Question:
    Answer:

    Watch the Video on this FAQ:

    Impact on current H-1B if another H-1B is denied

    Video Transcript

    1. No, not if you are maintaining status. 

    2. If the case was denied just for maintenance of status and you have the pay stubs that are required then there is a very high likelihood the case will be reopened. If the petition is denied, then you are still subject to the H-1B quota. 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, 28...
    Question:
    Answer:

    Watch the Video on this FAQ:

    How to get H-1B approved for three years, not shorter duration

    Video Transcript

    1. Typically the only way you can get three year extension is if you can prove that the project will go on for three years. 

    2. Typically a client letter.

    3. Make sure your social media is not in any way in contravention or opposition to what you have been saying to the government.

    4. Once you get married you are entitled to cross chargeability and you can be charged under Nepals category which is available right now. As soon as you get married you should have your lawyers write to the government and ask for cross chargeability. Probably within a few months you could be scheduled for an interview, which again depends upon how busy the local office is. 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.

  8. Wednesday,...
    Question:
    Answer:

    Watch the Video on this FAQ:

    Options to stay in the USA after expiration of H-1B

    Video Transcript

    1. I don't think you would get the tourist visa or tourist status but you can apply for it.

    2. 60 days is the total time.

     

     

    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. Thursday,...
    Question:
    Answer:

    Watch the Video on this FAQ: Multiple years of CPT

    Video Transcript

    All in all I think changing to a consular processing is one of the ways you can go. It also depends upon how aggressive you want to be. But if you want to be more conservative, go ahead and change to consular processing. 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.

  10. Tuesday, 2...
    Question:
    Answer:

    Watch the Video on this FAQ:

    Filing employment based green card while living outside USA

    Video Transcript

    The answer is Yes. Any company as long as it is done in good faith to hire and to be hired, they can file your green card while you are living in India. 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,...
    Question:
    Answer:

    Watch the Video on this FAQ: CPT, OPT, Unlawful presence

    Video Transcript

    What I tell my clients is if you have already done it and you are okay with a three year bar potentiality with it again another potentiality for 212 (d) (3) waiver, which should be given in cases like this where they let you take a nonimmigrant visa even though you have a three year bar. 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. Tuesday, 26...
    Question:
    Answer:

    Watch the Video on this FAQ: Getting H-1B extensions based on of I-140 approval of spouse

    Video Transcript

    The answer is Yes. If you leave before the I-140 is up, before the PERM is approved, you will not get anything out of that process. If you leave after I-140 approval you will still have to start your green card all over again, but you definitely carry with you, your priority date. On top of that you may also be able to carry in the right to extend H-1B with any employer as long as the I-140 was approved and stayed approved for 180 days. After that, even if it is revoked by the old employer your rights are not disturbed. 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. Friday, 22...
    Question:
    Answer:

    There are multiple issues involved in traveling.

    First, if someone travels while a change of status request is pending, they will have to obtain a visa stamping or reapply for an H-1B for change of status to activate the H-1B on or after October 1.

    Second, getting visa stamping is by itself a highly uncertain process that could take from days to months. The consulates reopen and dissect the entire H-1B case from the ground up and try to find any reason they can to deny the case.

  14. Wednesday,...
    Question:
    Answer:

    Watch the Video on this FAQ: Getting a second job after green card approval

    Video Transcript

    Absolutely, why not. Once you get your green card approval you can take as many jobs as you like. 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. Thursday,...
    Question:
    Answer:

    Watch the Video on this FAQ:

    H-1B Employer deducting money from salary

    Video Transcript

    The answer is No. Absolutely not. Bring it up with the wage and hour division and do it quickly because I think they can go back only one year in time. If you are talking about 2016 it might already be too late for that and 2017 might be too late for that. But it does not hurt to at least to bring it up with the wage and hour division. Please discuss this with your lawyers. 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. Friday, 1...
    Question:
    Answer:

     Listen to the Audio on this FAQ: Doing business while on H-1B


    Audio Transcript

    I think the problem here is I don't think we can prove that your job requires the Bachelors Degree, so unless the job requires the Bachelors Degree in a specific subject, we cannot get an H-1B for that job. There is no start up capital requirement for an H-1B. Directly there is no such thing, but of course indirectly the government can say that we want to be assured of the veracity of the company we want to know that you have enough money or start up money to secure the job. They usually don't ask.

    Concurrent H-1B is cap exempt. It is not subject to the cap. If your main H-1B is already capped you have gone through the quota once concurrent H-1B will not be under the cap. The difficulty I see is that your job is not specialty occupation. Other than that, I think it can be done. 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.

  17. Wednesday,...
    Question:
    Answer:

    Listen to the Audio on this FAQ: University of Farmington, Michigan issues

    Audio Transcript

    Tourist visas itself is a visa that can be denied on so many grounds. It is difficult to predict. You can try. Just make sure you don't make any misrepresentations or active concealments of facts because that can lead to a permanent bar from entering the USA. 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. Monday, 25...
    Question:
    Answer:

    Listen to the Audio on this FAQ:

    Naturalization, issue, stay outside for medical reasons

    Video Transcript

    The answer is Yes. If you have a good medical reason like you do you should be able to explain that delay. If she is not able to travel because of surgery and because of extended physical therapy I think you should be fine. 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. Monday, 25...
    Question:
    Answer:

    Listen to the Audio on this FAQ:

    Is H-4 EAD tied to an employer of H-1 holder or to an I-140?

    Video Transcript

    An H-4 EAD is neither tied to a particular employer nor to a revoked I-140, if the I-140 stayed approved for 180 days and any one of those 180 days fell on January 17, 2017. 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. Wednesday,...
    Question:
    Answer:

    Watch the Video on this FAQ:

    Downgrading a case from EB2 to EB3 for priority date advantage

    Video Transcript

    1. Your EB-2 does not get affected. You can file EB-3/I-140 and I believe you can file a I-485 also if your dates are current.

    2. Just the I-140. 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.

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