With immigration rules constantly changing, it’s hard to keep up to date with it all.

For our NRI readers, we have launched an immigration helpdesk. Email us at [email protected] and our team of experts will respond to the most pressing issues.

*Please note that the questions have been edited and/or clubbed so that we can respond to similar queries immediately and that the answers are clear and relevant to our audience.

I entered the United States on early parole (EB3 EAD). I have a valid H-1B endorsement (I-797A) through 2024. I have EB2 I-140 approved I also have RFE on my EB3 I-140 (EAD and AP received on EB3 filing).

  • How can I regain H-1B status without going through the buffer?
  • Can I intergrade my EB3 485 to EB2 485 with pending EB3 I-140

Since you have already entered the United States and returned to the same job that you had on your trip, you are still considered to be on H-1B. There is nothing to recover; you are already on H-1B. In my view, the fact that you have an RFE pending on the petition that formed the basis of your early parole should not be significant. The AP was valid when used. Yes you can. Although you traveled on early parole, you should be able to file an EB-2 interscreening. USCIS clarified this in some conversations.

Per their I-94, my parents are admitted until August 3, 2022 for their B2 visa. We just sent their I-130/I-485 to USCIS.

  • What happens if no receipt is generated by August 7? Do the parents have to leave the country?
  • If a receipt is generated after they leave the country, what happens to the GC process?
  • If a receipt is generated in time, what is the process to extend their stay, or are they automatically eligible to stay until the GC process is complete?

Your obligation is complete when USCIS physically receives your documents with the appropriate filing fee. After that, if they delay creating the receipt, that’s really not your problem, as long as you can prove the paperwork was sent and received by USCIS.

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The answer is that there is partial failure. Let’s say they left, then their I-130 would continue, but their I-485 would be dropped, and you would have to convert the case to consular processing.

They are automatically eligible to stay because once their I-485 is filed on time, they are considered to be within an authorized period of stay. They cannot be considered illegal as long as the I-485 is pending.

I have the following questions regarding the PERM (Labour Certification) process:

  • Does it bolster a PERM and Green Card record if a job has high minimum requirements? If the requirements are very high, it might be easy to prove that no qualified and willing American workers are available for the position.
  • If a job has very low minimum requirements, such as only a bachelor’s degree, does that make a PERM and GC case weaker? Because if the requirements are very low, it might be difficult to prove that no qualified and willing American workers are available for the position.

Yes of course. It is difficult to find American workers for more complex jobs. But, the employer is OBLIGED to determine their minimum acceptable qualifications for the proposed PERM job. These documents are submitted under penalty of perjury, which is a serious crime (felony).

Yes. For many jobs, the basic requirements make it more difficult to get the PERM file approved. Your HR would be a good source of information on minimum requirements. Therefore, in principle, what you say is absolutely correct, but also remember that these documents are filed under penalty of perjury, so you have to be meticulously truthful.

I have been in the USA since 2017 and my F1 visa expires this month due to the 5 year validity period.

  • I am graduating in November 2022, so is there any risk in renewing my visa this summer? Is there a chance of rejection?
  • What is the risk of renewing my F1 visa in a country other than my country of citizenship? I have lived all my life as a resident in another country with no nationality but I no longer reside there, so I was wondering if renewal in the former country of residence is possible?
  • Is the renewal of an F1 visa necessary for the OPT? I believe it is not necessary. Is an F1 visa renewal necessary to apply for an H-1B and Green card?

First of all, unless you are traveling, you do not have to renew your visa. If the visa expires while you are completing your course, that is absolutely no problem.

Technically, once your F-1 has been granted, the US consulate in any country should be able to renew it.

As long as you have maintained your status, an F-1 visa renewal is not required for OPT or a status change to H-1B.

AND online

Rajiv Khanna, General Counsel, Immigration.com

The views of the author do not necessarily represent the views of ET Online, nor do they constitute legal advice or representation. The practical advice provided in the written materials is based on the experiences of the author and the current state of law and regulations. Please be sure to conduct legal research and analysis or hire independent counsel for your particular situation, as the law and requirements change rapidly and the author’s experiences may differ from yours.

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