Recording for June 29, 2023 Conference Call with Rajiv S. Khanna
Immigration.com
Nonimmigrant Visas
Green Card
FAQs: EB-1C (International Managers and Executives): Eligibility for H-1B managers in the USA
B-1 Visa
Marriage and relocation to the U.S.: Quickest path for the prospective fiancé of a U.S Citizen living in India
Question details
My sister is in India and the prospective groom is a US citizen. They have concerns about how to proceed with marriage and relocation of the girl to US in a timely manner (prefer not to wait more than a year for marriage/ living together post-marriage for personal reasons) Current fiancé visa processing time seems to be 15 months. It was not this long pre-covid, realistically can this processing time reduce this year? If they do marriage in India first, what’s the quickest way for her to come to US and how long would it take She has a valid B1. Can she travel on that to US post-marriage for 5-6 months only without any risk to her green card application? She is trying to get an L1-B visa through her current company. Will that visa approval be affected if they get married in the meanwhile? In short, what is the quickest path for her marriage & relocation to the US right now?
FAQ Transcript
She can travel with a B-1 visa as long as she tells the truth. L-1 and H-1B visas are the quickest paths.
Recording for February 23, 2023 Conference Call with Rajiv S. Khanna
Immigration.com
Nonimmigrant Visas
Immigration Law
Discussion Topics:
FAQs: H-1B visa cap exemption - How does the 6-year rule work? || Will having EAD cards or petition approvals with gaps in the start and end date cause an issue?|| H-1B visa layoff options - Going to home country and applying for jobs, going through the lottery again, documents required to apply for a new visa to explain missing pay stubs and the contents of the documentation for termination contract sent by the company to the USCIS
Layoff while on an H-1B visa - what if I cannot find a job in 60 days?
Question details
- I am on H1B VISA and was notified that my employment will end on January 20th. I am actively seeking new job opportunities. Can you please let me know what happens if I am still interviewing after 60 days and become out of status?
- Do I have any other options to change my VISA status before/after my employment is terminated and I fail to secure a job before the 60-day period is over?
- Does my VISA become invalid after the 60 days or can I still find a job and reactivate it if I get an offer after the 60-days?
FAQ Transcript
- You file for B-1 B-2 and you can do it online. You do not go out of status. Do it within 60 days.
- No, it does not.
- Talk to your lawyers. I think applying for tourist status is probably a good strategy.
Entering the U.S. on a visitor visa while green card is pending || qualifying for Visa Waiver Program (VWP) || Spouse visa through H-1, L-1, or O-1 || Any special visas for UK, EU, Singapore, Dubai or Australia
Question details
Have any rules changed regarding getting a spouse visa through H1, L1, or O1? Also is traveling on a tourist visa to the US after marriage not ok, with a pending GC application? Finally, does the US have any special agreements with the UK, EU, Singapore, Dubai or Australia for visas that may qualify in this scenario?
FAQ Transcript
Regarding the rules for getting a spouse visa through H-1 L-1 or O-1 nothing has changed.
It is certainly fine traveling with a tourist visa to the US after marriage, if you can convince the government that you are not going to break the laws which means staying in violation of your visa.
Regarding the US having any special agreements, there are only two kinds of visitor visas: regular ones and visa waiver or ESTA visa. There are special visas for example in Australia there is something called an E-3 visa which is very much like an H-1B and more or less a dual intent visa.
What happens if you overstay your I-94
Question details
Parents came to the USA on a B-2 Visa in March 2021. I have requested an I-539 extension in August 2021 due to COVID and they stayed till Jan 2022. Eventually the extension got denied. Is this a problem?
FAQ Transcript
The government will say as one has overstayed their I-94, they will now be subject to section 222(g). If you overstay your I-94 the visa stamp on your passport is automatically canceled, so you have to apply for a new visa. For more details on this issue, visit my author page on The Economic Times.
Recording for January 19, 2023 Conference Call with Rajiv S. Khanna
Immigration.com
Nonimmigrant Visas
FAQ: Entering the U.S. on a visitor visa while green card is pending |Qualifying for Visa Waiver Program (VWP) | Spouse visa through H-1, L-1, or O-1 | Any special visas for UK, EU, Singapore, Dubai or Australia || Qualifying for EB-1C green card by working abroad for a year | Expected processing times for EB-1C for an L-1A visa holder from India || Consequences of employer withdrawing I-485 Supplement J || Layoff while on an H-1B visa - what if I cannot find a job in 60 days?
Options for Nonimmigrant Workers Following Termination of Employment
Release Date
U.S. Citizenship and Immigration Services (USCIS) is providing information for nonimmigrant workers whose employment has terminated, either voluntarily or involuntarily. These workers may have several options for remaining in the United States in a period of authorized stay based on existing rules and regulations.
Parents tourist/visitor status I-94 expires while I-485 is still pending: Overstay issues; impact of leaving USA
Question details
I had filed for my parent's green card in July' 2022. It is concurrent filing.
The I-130 filed by me shows processing times of 4 weeks and 6 months for my dad & mom respectively.
The Advance Parole shows processing time of 11.5 months and I-485 (Minneapolis-St. Paul field office) is almost 2 years.
Their I-94 is expiring on the 30th Nov. What is the process to withdraw the application so that they can return back to India legally before 30th Nov?
Also wanted to know:
Will I need to withdraw the I-130 petitions that I had filed for them ?
Will this impact their existing B-2 (visitor) visa? Will it still be valid?
FAQ Transcript
1. There is no need to withdraw the application, but if you want to withdraw you will have to send a letter. Even if they leave without getting an advance parole the I-485 is deemed to be abandoned but the I-130 can still go on. You will have to call USCIS to open a customer service request and convert the I-130 to consular processing. Even though the I-485 is abandoned the I-130 is put in the consular processing queue.
2. If they leave before November 30th their visitor visa should not be affected.