Immigration QA

"Grace" is Minnesota's official state photograph. I was State Senator in 2002 when we officially voted for Minnesota's official "state photograph." A more prolific image originating from Minnesota than "Grace," I'm not aware of.  My colleague and friend, Rep. Loren Solberg , was the natural author of the bill since Loren lived in Bovey, Minnesota where the photograph was taken.  I think Loren also liked it because he bears resemblance to Charles Winden, the guy in the photo (Loren and I ribbed each other from time to time).  Read more about the history of Grace here. Speaking of grace, lately I've received a rash of calls from noncitizens who find themselves similarly situated to Mr. Wilden, praying for providential intervention in a recent job loss.  Primarily H1B visa holders, these folks have been laid off and are uncertain about their legal status and how to proceed with potential new employment in the United States.  The influx is prom...

I recently answered the following question. Q:   I was working on H1b for 3.5 years, but for some personal reasons I resigned last week from the job.   Now my Employer is really mad and they are saying that they will report it to USCIS. I came back to my home country and then resigned. Can they still report something bad/suspicious to the USCIS? A: You didn't do anything illegal, but by resigning from your job you lost your H1B status. If you truly departed the country, and THEN resigned, then there is nothing about that particular action your employer can complain about. Of course they can try. If there were other issues going on (like fraud) then certainly the employer can submit a report.  It does not mean their reports will be found valid, but they can cause a headache nonetheless. If there's not fraud for them to report, then at most they can submit a "withdrawal" of your visa to make a difficult to reenter (but you'd need to be rehired by that particulary em...

The EB5 green card program allows investment in America. What Does It Take to Get An EB5 Visa? Why the interest in an "EB5," or (Employment-Based 5) category of green card, or Legal Permanent Resident, in the United States? The short answer is: Speed.   The EB5 category is the fastest method of a noncitizen to become a Legal Permanent Resident in the United States.  As with all methods of immigration, however, there's a tradeoff.  The speed of permanent entry is offset by a high standard of eligibility, and more importantly a high expense.  But those that can afford a sizable investment into U.S. business, hiring employees, OR local government projects along with high legal fees may consider this mutually beneficial approach.  But beware, the documentation required rivals an SEC audit.  In short, the EB5 is a "strings attached" process of mutually beneficial immigration to America. The applicant must invest in a new, expanding, or troubl...

Recent I was asked the following question: I work full-time as a software developer in H1b status.   Now a local college has asked me if I can join as an adjunct teacher and teach a computer science class for only 4 hours a week.  It is a government college and is willing to apply H1B.  Can I work/teach part-time in that college?   Is premium processing available? ANSWER:  Yes, this should work.  You can have what is called a concurrent H1B visa, i.e. more than H-1B at the same time.  You just need to make sure that the second H1B application clearly indicates that it is a concurrent H1B petition and not a change of employer or replacing your current employment in any way.   Also,  you must continue to abide by all the terms of your original H1B.  Premium processing for the teaching job is indeed possible, but prevailing wage determination's and LCA's take time.   As such, you may consider using a private servic...

The recent USCIS memo explaining unlawful presence rules in the context of F1 student status has reverberated through the legal community It has also posed many questions.  I posit here that the memo is aimed primarily at curbing Day 1 abuses. Attorneys across the country are reporting their clients are receiving RFEs investigating past maintenance of F1 status, including past enrollment of OPT, CPT and Day 1 CPT in particular.   Maintaining valid status is a requirement of changing to a new status such as work and most categories of permanent residence.  The H1B petitions submitted by Chaudhary Law Office are not in premium processing and thus early in the application process, so we have not gotten any RFEs  as yet.  We expect that we will and anticipate similar requests for proof of status during our clients’ student days. But, the increase in RFEs, plus the new unlawful presence memo, point to one thing: If you are not enrolled in CPT properly, for EXAMP...

Foreign students should carefully follow the rules for early program withdrawal, and understand implications. If you are a student on an F-1 visa, there is no penalty to withdraw from your program of study, as long a certain requirements are met. A designated school official (DSO) has the authority to permit "authorized early withdrawals" to a foreign student's F visa status in extenuating circumstances. This includes a temporary absence or withdrawal from school due to a family emergency, personal matter or another circumstance that calls for the student to leave the United States prior to their program’s completion.  If an F student is granted authorized early withdrawal, or a permitted temporary absence from their course of study, they are permitted a 15-day grace period to depart the United States. F students who are granted an authorized early withdrawal, but do not depart the country within the 15-day grace period, are in violation of their student vis...