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00:00:00 – 01:00:12
The video provides comprehensive updates on various U.S. immigration-related legislative actions, processes, and practical advice for non-citizens, particularly focusing on H1B visa holders and their families. Key legislative discussions include a controversial bill that could lead to deportation for non-citizens convicted of DUI and a border bill with provisions benefiting employment-based visa holders, notably allowing H4 visa holders to work without needing separate authorization. The implications of a Senate immigration bill are discussed, highlighting efforts to protect children who age out of H4 status and concerns regarding job loss impacts on family visas.
Further topics include the complexities of adjusting status on a B2 visa, the nuanced process for green card applications, and important advice on visa renewals, extensions, and concurrent employment. Practical advice extends to issues like managing status during employer transitions, remote work regulations, and dealing with denied or complex case scenarios. The significance of various types of visa petitions such as National Interest Waiver (NIW) and their strategic benefits are also covered.
Overall, the video underscores the complexity of U.S. immigration law and provides detailed guidance to help non-citizens navigate potential legal pitfalls and optimize their visa strategies, emphasizing the need for tailored legal advice. The session concludes with contact information for further personalized legal consultation.
00:00:00
In this part of the video, the presenter provides updates on significant immigration-related legislative actions. Firstly, a bill has passed the House that could lead to the deportation of non-citizens, including legal immigrants, if convicted of driving under the influence (DUI). This bill’s broad language means it affects all non-citizens, potentially including those who are legal residents. The presenter highlights concerns about the bill’s extreme nature and its potential retroactive impact.
Secondly, the video discusses a border bill that, unusually, includes positive provisions for employment-based immigration. One notable provision would allow H4 visa holders (spouses and children of H1B visa holders) to work without needing a separate employment authorization document (EAD). This change would benefit families by enabling both spouses and older children to work, provided the primary H1B holder has an approved I140.
Additionally, the bill aims to protect children aging out of H4 status if they have spent eight years in the status, ensuring they remain eligible for adjustment of status even past the typical age limit. The presenter mentions that this bill is still under Senate consideration and has not yet been widely discussed or moved forward.
00:10:00
In this part of the video, the discussion focuses on the implications and potential progress of a Senate immigration bill. The speaker highlights that Indians currently receive a small percentage of green cards, and while the number is low, it’s better than nothing. The bill is seen positively as it doesn’t introduce new restrictions and benefits children aging out of H4 status. There are concerns if the primary H1B holder loses their job as it affects the family’s status.
The legislative process is detailed, demonstrating how the bill must pass the Senate, potentially face amendments, and then be approved by the House and the President. The significance of having a vote on the age-out issue for the first time is noted. Despite skepticism on its passage due to political disagreements, there is some optimism due to the bipartisan nature of the bill.
Additionally, the segment covers the 60-day grace period for H1B visa transfers between companies, clarifying that the grace period can be reused multiple times but complications arise if the new employer’s petition is pending.
Lastly, advice on how to apply for a green card for parents of US citizens is given, explaining the different processes of consular processing and adjustment of status.
00:20:00
In this segment of the video, the discussion revolves around the complexities and risks involved in adjusting status to a Green Card within the United States, particularly for those entering on a B2 visa with the intention to settle permanently. The key points highlighted include:
– Individuals on a B2 visa must not enter the US with the intention of adjusting their status to permanent residency, as this could lead to deportation.
– Once inside the US, they can change their intention and file for adjustment of status, but they cannot leave the country until they receive an advance parole, which may take around one and a half years.
– If they leave the country before obtaining advance parole, their application will be denied.
– Another option is consular processing, which takes about one and a half to two and a half years, during which they cannot enter the US on a B2 visa due to the change in their intention to settle permanently.
– The speaker also addresses questions from viewers, discussing scenarios like having an approved I-130 and the implications of an I-140 withdrawal within 180 days of approval.
Additionally, other immigration-related queries are answered, including issues about H1B, L1B, and starting a business while on such visas.
00:30:00
In this part of the video, the speaker discusses various issues related to working under an H1B visa and the implications for green card applications. They explain that performing work beyond the scope of the H1B authorization, such as handling finances or hiring employees for an LLC, can lead to green card denial. They also cover scenarios for extending an H1B visa past the six-year limit, especially if one’s labor certification has been pending for over a year. The speaker advises that while working from India for a US company is possible without US work authorization, individuals must consult immigration lawyers regarding payroll specifics. They delve into the procedures for H1B, H4, and H4 EAD applications and the conditions under which these can be filed or upgraded to premium processing. Finally, there is a discussion about the implications of approved I-140 petitions on other visa applications and employment options, such as the benefits of National Interest Waiver (NIW) petitions for maintaining H1B status independently of the employer.
00:40:00
In this segment of the video, various immigration and visa-related questions are addressed. Key points include:
1. **NIW i140 Benefits**: Advantages of having a National Interest Waiver i140 despite EB2 backlog.
2. **HR 6976 Bill**: Current lack of Senate discussion and uncertainty about the bill’s future.
3. **H1B Extension**: Clarification that a denied perm does not revoke the seventh-year H1B extension, and advice on filing an appeal to obtain the eighth-year extension.
4. **Spouse’s Visa Status**: Explanation that a spouse can stay in the USA while her extension is pending, without a six-month limit.
5. **Daughter’s Age and Studies**: Guidance on whether a daughter turning 21 should switch to an F1 visa or continue studies on EAD, based on priority dates and age-locking rules.
6. **Traffic Violations vs. DUIs**: Distinction that traffic violations are not part of DUI offenses.
7. **H1B Remote Work from India**: Employees can work remotely without impacting their H1B, with specific steps for returning before or after H1B expiry.
8. **Past and Future Violations**: An immigration bill addressing both past and future violations.
9. **Travel History Issues**: Advice on dealing with missing travel history in the I94 system, noting it’s primarily for convenience.
10. **Visa Status Changes**: Various scenarios including H1B revocation, L1 to H1B changes, and working for multiple companies on concurrent H1Bs.
11. **Company Acquisition**: Necessary steps for continuing the green card process when the original employer is acquired by another company.
These points clarify various concerns regarding immigration status, visa processes, and legislative updates.
00:50:00
In this segment of the video, the discussion covers several immigration-related queries, focusing on the processes and requirements for various visa amendments and extensions. Highlights include:
1. Filing an amended I-140 petition requires refiling documents and establishing the company’s ability to pay from the acquisition date.
2. Santos with a DUI in 2014 is advised not to travel for H1B stamping if a new bill passes, as it could prevent reentry.
3. Concurrent H1B employment needs to be disclosed during the Green Card process on form 485.
4. For expired grace period situations, the counting towards the six-year H1B limit depends on the status during the transition.
5. An H4 EAD application can be filed together with a 7th-year H1B extension, contrary to some attorney advice.
6. Entering the U.S. with advanced parole results in a shorter I-94 duration but maintaining H1B status is key.
7. Employment gaps and filings for dependents’ H4 are discussed, emphasizing the necessity of authorized employment.
8. Queries about part-time H1B positions and working remotely from Dubai on an H4 EAD are addressed.
9. Renewing a passport while an application is pending does not require action, and valid H1B status allows for continued stay during H4 extension processing.
The segment closes by promoting their daily conference call service for more personalized consultation.
01:00:00
In this part of the video, the speaker mentions that viewers can visit RNlawgroup.com to contact them or any of the attorneys at Ready and Newman. They also thank the audience for attending.