Discussion Topics, Thursday, 18 May 2017:
FAQ: Is it legal to work for a foreign based company in the USA? || Changing employers after I-140 approval; impact on H-1, green card, H-4 EAD, etc. || Physicians (FMG) NIW, AC21 portability, teaching to clinical position || Impact of a misdemeanor under Trump EO || Extending H-1/H-4EAD; working while extension pending || Filing green card through multiple categories or employers and/or family simultaneously || Activities permitted under H-4 EAD.
Other: Losing H-4 status when using EAD under I-485 || Can a child enroll in school under G-4 visa? || Acquiring Canadian nationality || Changing H-1 visa after changing employers during 60 days grace period|| H-1B changing employers while transfer or extension is pending || Taking a 6-month break on H-1, H-1 quota || L-1 to F-1 change of status || Adoption under US laws || Getting paid on 1099 || H-1B amendment when company acquired, etc.
Discussion Topics, Thursday, 18 May 2017:
1. I have approved I-140 with company A and my wife got H-4 EAD. I am planning to move to company B. Can my current employer (Company A) revoke I-140? (I-140 has been approved for more than 6 months). If he can't revoke I-140, can my wife work on the H-4 EAD that she got based on company A's I-140?
2. If my H-1 and my wife's H-4 transferred to Company B, do I need to apply for new H-4 EAD or can she continue working on H-4 EAD from company A (that H-4 EAD still has validity)?
1. The employer can revoke, but, USCIS says, after 180 days they will not revoke the H-4 EAD.
2. You will not need to change the H-4 EAD upon moving to any number of companies, as long as you maintain your H-1 status.
Can my wife travel to India and then back to the USA for a period of 12 days while her H4 EAD application is pending? Based on current estimates of processing times we do not estimate that her H4 EAD will come before the first week of July. We will be back to the USA in the first week of May.Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com
Discussion Topics, Thursday, 20 April 2017:
FAQ: Trump’s executive order - effect on H-1B visas, I-485 approved while outside the USA - travel on AP or GC, H-1B 60 days grace period explained, Joining an employer after green card approval, H-1B title "Programmers" and USCIS site visits, Getting unemployment payments on H-1B, Travel while H-4 EAD is pending.
Other: Traveling during extension pending and H-1B visa stamping with 2 months left, CSPA issues, H-1B amendment for working from home, Green card through CP issues I-864, etc. H-1B and I-140 revoked, Reentry permit, Changing employers and H-1B visa stamping, H-1B visa stamping issues, Entry-exit process, etc.
Do we have any more clarity whether the revoked I-140 can also be used to apply for new H-4 EAD? My I-140 was approved in 2015 but I recently changed job (after Jan 18) and was looking to apply for my wife's H4 EAD based on old I-140.
Watch the Video on this FAQ: Can a revoked I-140 help for H-4 EAD?
1. Consequences if revoked (I-140) within 180 days. Benefits, if unrevoked(I-140) for 180 days and end date at work still be May 15th (or, should I ask my employer to EXTEND my end date until end-of-June so I complete my 180 days of I-140).
2. How question (1) above will impact H4-EAD which is under processing. if approved before May-15th H4-EAD is still valid and can be used ?
3. Does it mean after May-15th (last day at work) I have 60 days grace period to look for a new employer who sponsors my H1-B?
1. If I-140 is revoked within 180 days of its approval you only get to keep your Priority Date. You do not get to keep your right to extend your H-1.
1. I'm on H-1 visa and on my 8 th year ...visa is getting extended based on I-140 approved. I'm getting an offer to join different company end client(currently I'm with the consulting company) designation not decided yet. In my current employer, I am manager and wondering if I get a different position in other company like Director or solution architect or Sr Manager...and if I join that company what effect that will make on my current approved I 140 or GC process. Is this safe to jump? I heard job category needs to be same or similar in various forums for PERM but I don't have clarity or understanding what that rule is and....how that thing impact my situation.
2. I have not filed I-485 yet since my priority date is back in 2013 in EB2. Also, my wife has H-4 EAD does that impact as well?
1. Had H-1B petition approved in 2015 through consular processing while residing outside the USA? But did not get stamped for H-1 but came to the USA on H4 visa. Currently working as an employee on H-4-EAD. Can I change my status to H-1B from H-4, If Yes - Will it be treated outside H-1B Cap?
2. Do I have to leave the country and get stamped and re-enter with H-1B status?
3. Will I get a new I-94 with latest 1 yr or 3 yrs approval?
4. How many days will the process take to change status?
5. Can I continue working while the COS is in progress or pending with USICS as I would like to continue working without a break? Also, do I have to go back to the same petitioner who applied for H-1B visa or can I transfer it to a different employer?
1. With my approved I-140 from Company B can Company C use that to file my extension for 3 years. I have a copy of approved I-140. Is it safe to change companies in the 6th year.
2. Using the approved I-140, I have filed H4-EAD for my spouse in Feb 2017 and is yet to receive the EAD approval. If I get it will be only valid till Nov 2017 based on current I-797 validity. So, if H1-B is approved for Company C, can I file extension of H4-EAD 120 days before validity based on that approval. If EAD is provided, it is going to expire on Nov 2017 based on the H1-B's current I-797.