For our NRI readers, now we have began an immigration helpdesk. Write to us at nri.economictimes@gmail.com and our staff of consultants will handle probably the most urgent points.
*Please notice that questions have been edited and/or clubbed in order that we will handle related queries directly and that the solutions are clear and related to our viewers.
I’m at present within the US on F1-CPT. My subsequent yr’s session begins on September twentieth, 2021. My spouse has a sound F2 visa, and is at present in India. She want to be a part of me within the US. As a by-product member of the family, is my partner permitted to journey on August 2nd, 2021? If sure, do they require an NIE to journey on August 2nd? If not, what’s the earliest date they will journey?
By-product beneficiaries are permitted to journey upon the identical phrases as the first. Since you can be allowed to enter the USA 30 days forward of the semester begin date with out an NIE, so would she.
If I’m already within the US on a vacationer visa, however my keep expires in September, can I nonetheless apply for my pupil visa?
In case you are asking a few change to pupil standing, that presents two advanced points. The federal government can query whether or not in procuring or utilizing the vacationer visa you had misrepresented your actual intention, which was to undertake long-term research in america. Additional, as a result of it takes so lengthy for a change of standing software to be processed, it’s most definitely that your vacationer standing would expire, inserting your authorized standing in jeopardy. You have to search competent authorized steering earlier than making your resolution.
My brother is employed with a agency after his Ph.D. He’s at present on OPT. What’s required to return to america if he involves India throughout this era? What if he’s on STEM OPT? What if the OPT request is pending?
There are two features to those questions. First, what’s required of a pupil to journey throughout their OPT. We’re offering a few of that data under. Second, what are the restrictions due to the pandemic? Please have him contact his DSO. They need to have the ability to present the data essential for touring.
Generically, the next guidelines apply to touring:
For Publish-completion OPT (First 12 months)
In case your OPT has been utilized and pending, you may journey, however it’s NOT really helpful. Two of the primary issues are what if there’s a Request for Proof from the USCIS? You might not have the ability to reply well timed. Additional, what if the OPT is denied? You’ll then not have the ability to enter the USA even in case you have a sound F-1 visa stamp.
In case your OPT is authorized, chances are you’ll journey if:
- You’ve got a sound passport and F-1 visa
- Proof of employment/coaching
- I-20 endorsed by your DSO for journey
*Observe that usually the time outdoors throughout OPT is counted in the direction of your most permitted days of unemployment
STEM OPT
- In case your STEM OPT has been utilized and the first-year OPT continues to be legitimate, You may journey as famous above.
- In case your STEM OPT has been utilized and the primary yr OPT has expired, do NOT journey till STEM OPT is authorized.
- In case your STEM OPT is authorized, you may journey if:
- You’ve got a sound passport and F-1 visa
- Proof of STEM employment/coaching
- Proof that you just labored through the first yr OPT
- I-20 endorsed by your DSO for journey
*Observe that usually the time outdoors throughout OPT is counted in the direction of your most permitted days of unemployment.
We’re within the technique of buying an organization in america. In India and within the UK, now we have been in enterprise for 15 years. With a view to receive L1 visas for our workers being transferred to america, do now we have to attend one yr after the acquisition of the US firm?
You aren’t required to attend one yr. US immigration legal guidelines require solely that the staff being transferred beneath L-1 visas will need to have labored outdoors america for one yr out of the final three instantly previous the appliance. The connection between the businesses doesn’t should be one yr previous. Subsequently, when you purchase a US firm, you could possibly instantly switch any workers who meet the L-1 necessities, together with that of getting labored outdoors america on your group of firms for at the least one yr.
Is the scale of the corporate related for a profitable H-1B petition?
No. The main focus of the inquiry in an H-1B petition is whether or not or not there exists a sound job. For such a job to exist, the scale of the corporate shouldn’t be related. Smaller firms may as simply have a job opening as the larger ones.
Do I robotically qualify for an Einstein visa inexperienced card if I meet 5 out of the ten {qualifications}?
No. The USCIS follows a two-step course of in figuring out your eligibility for the EB1-A, extraordinary potential class of inexperienced playing cards. Step one, numerically assembly three out of ten necessities, is simply step one out of two. The second step includes an evaluation of your general resume and the extent of your accomplishments. That being subjective is usually the place the USCIS is prone to deny instances. For instance, you might need revealed 10 peer-reviewed articles. But when the journals have a low affect issue or scholastic standing, your software may fail within the second step evaluation. Subsequently, assembly the numbers alone shouldn’t be a assure of a profitable approval.
Rajiv Khanna, Managing Legal professional, Immigration.com
The writer’s views don’t essentially signify the views of ET On-line nor do they represent authorized recommendation or illustration. Follow suggestions offered within the written supplies are primarily based on the writer’s experiences and the present state of the regulation and laws. Please you should definitely conduct authorized analysis and evaluation, or have interaction impartial counsel on your distinctive scenario because the regulation and necessities change shortly and the writer’s experiences might differ from your personal.