Waivers of the Interview Requirement for Certain Nonimmigrant Visas
For latest updates, watch this video with Rajiv from Dec 28, 2021.
H Visa
Success in responding to an H-1B specialty occupation RFE questioning the beneficiary’s education qualifications
We assisted an employer in successfully responding to a Request for Evidence (RFE) received subsequent to the filing of an H-1B (specialty occupation worker) extension petition. The RFE requested additional information regarding the employer and the beneficiary’s qualifications. More specifically, the RFE questioned the evidentiary value of an education evaluation that was provided with the petition, requesting additional evidence regarding the qualifications of the college official who authored the evaluation.
Nonimmigrant Visas
Immigration Law
Is there a problem listing one location in a PERM application while living and working remotely in a different location?
Question details
Was just wondering if there could be any issues with my prospective PERM application if I am living and working remotely in Minneapolis (consistent with my H-1Blocation) and my employer in Dallas files the PERM application using Dallas as the work location. I am open to eventually relocating to Dallas, so just wondering if this could cause any delays or RFEs for the PERM. Do you think it would be a better option to file an H-1B amendment with Dallas as the work location, and then go through with the PERM or it doesn't matter?
FAQ Transcript
It is not a problem as long as these two scenarios are followed. First of all you could be working in location X and the PERM is filed for location Y as long as you have the intention to join the location Y you can file even though you are currently working at location X.
The interesting thing is once the I-485 is filed and the I-140 is approved after 180 days of the I-485 you can choose to be wherever you want to be because you are allowed to port your green card. The only requirement is when you start the PERM. File the I-140 and the I- 485. Your intention throughout was to work at location Y but after 180 days if the intention changes it is absolutely no problem.
The second scenario which is very common is when you have consulting jobs and you could be moving from a month to a year with no predictability where you are going to be, it is normally recommended and legally allowed to file the PERM application as though your job is located in the corporate headquarters or principal place of business. More...
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.
Rajiv's Comments in the News - As H-1B employees return to their workplace, compliance obligations arise
Published by: The Times Of India - Date: October 02, 2021
Quotes and Excerpts from Rajiv in the article:
Rajiv's Article - Will the petition against H-1B visas harm you this year? - The Economic Times
Published by: The Economic Times - Date: February 15, 2021
Synopsis
Biden’s administration will do what is good for the USA. That is to be expected. It is obvious that the administration is inclined to take a hard look at the possible loopholes in the system that may be causing problems such as suppression of wages.
For more details please see the attachment below.
Licensing of Foreign Persons Employed by a U.S. Person
Question details
When is a foreign person considered an employee?
If residing overseas, is the foreign person employee considered a broker?
Should current authorizations be replaced or amended to be consistent with current guidance?
Can multiple employees be covered under one authorization?
How is an employee providing marketing services overseas identified in a license application?
What if the foreign person’s place of birth is different from the country he/she now resides in and holds citizenship from?
What value should be entered on the license application?
How should the foreign person employee of a U.S. person be identified in the TAA or MLA?
Who should sign the DSP-83 for the transfer of U.S. classified information?
When is a foreign person considered an employee?
Workload Transfer from the Vermont Service Center to the California Service Center
U.S. Citizenship and Immigration Services (USCIS) recently began transferring some extension of stay casework from the Vermont Service Center to the California Service Center to balance workloads. The affected casework includes the following form:
Social Security Number And Card
Question details
How do I get a number and card?
A Social Security number is important because you need it to get a job, collect Social Security benefits and receive some other government services. Many other businesses, such as banks and credit companies, also ask for your number.If you are a noncitizen living in the United States, you also may need a Social Security number. For more information, see Social Security Numbers For Noncitizens (Publication No. 05-10096).
Indefinite H-1 Extensions( on yearly basis) Based On PERM Appeal
Question details
Can we apply for indefinite H-1 extensions( on yearly basis) based on PERM appeal as long as your case is still in appeal?
As long as PERM appeal is pending (Not, MTR), you can apply for one-year H-1 extensions indefinitely, even beyond 6 years.