good evening this is Ralph already we're here live from Randy Newman PC every Tuesday at 5 p.m. Central Time along with me is my business partner Emily Newman and Steven brown Emily what do you have today yeah so today we're gonna be talking about HR 1044 the removal removal of the per country limit and where that stands in the Senate what you can do to help support that legislation we want to give you an update on h4 EAD s long processing times that we're seeing and what's going on with the lawsuits that we've been filing we're going to talk about site visit issues we've started hearing a lot of people saying that they had a site visit and rather than talking about their current h-1b approval the officers are talking about the first h-1b approval they ever got in the cap for maybe three years ago so what the trend is with that we want to talk about traveling while you have an extension application pending whether that's an h1 or H 4 or l1 l2 application what options do you have to travel while that's still pending and we're also seeing some issues with things being brought up in request for evidence notice of intent to deny or notice of intent to revoke that have to do with inconsistent information being given in different applications so the perm filing might give some employment history and then the person has filled out a ds-160 visa application at the consulate that has slightly different information and the government is saying there must be some sort of misrepresentation here so what's happening things to be aware of to avoid that kind of issue and then so Stevens here he's going to be talking about what's going on with the lawsuits he's kind of our team lead in terms of our litigation side of the firm and of course as usual we'll answer your questions that come up during the show Emily on the per country limit you know we have noticed that it was been passed in the House 1044 it it is in the Senate conversion senate 3.3 86 what's the status of it and you know why is it I mean it's passed or is it not passed can you explain the legislative process can you also explain you know what can people do to you to get this enrolled out what what efforts they can do with this yeah so just because it passed in the house sir it doesn't mean that it's law yet so in our government once the House passes a bill the Senate has to also pass a bill now there is the Senate version of the bill as of right now there's one that's the same version as the House bill if they were to pass that same version then the bill could be signed into law by the president however if the Senate does all of its deliberations and compromises and comes up with a different version of the bill and passes that version if it's different from the house they're going to have to conference and come up with a compromise bill that both the House and the Senate agreed to and then that bill would have to be passed by the President signed into law so we still have a long way to go we have to pass the Senate we have to get it signed into law by the president and as of right now there are two versions of the bill there's the original version that the House passed that was proposed by Senator Mike Lee of Utah and that has been it's you know it's been on the books since January February but now Senator Rand Paul from Kentucky has introduced his own bill that actually would be even better because not only does it eliminate the per country cat but it also raises the cap so that it actually eliminates the backlog for everyone so that would be great if we could pass it but we don't know which version they're going to move forward with in the Senate and that's going to usually start in the committee process where they're going to do some hearings and markups and that sort of thing and come to an agreement and then it'll be brought to the floor of the Senate for another round of debate and amendments and that sort of thing until a final bill gets passed so you do have a long way to go but what can you do right now you can urge your senator to agree to this bill and be a co-sponsor on the bill and say yes to this bill once it finally comes through and you can do that by calling your senators office by submitting letters or emails now I don't have an updated sample on my blog immigration girl calm I will be putting that up there soon but I do have one that I posted back in February if you do a search on immigration girl comm for fairness for high-skilled immigrants you should find a sample letter that I made that was both for the Senate and the house and instructions for how to submit that to your senator if you want to get started on that now or you can wait probably next week I might have a new sample for you posted on immigration girl one thing about this Senate if that you're telling to write letters only I've noticed that people just copy and paste it put all the thing the blanks and write it they don't describe very much of their situation I am advising those people who are stuck in this long line of this bill to write a detailed letter don't just say fill in the blanks I'm waiting for 10 years blaming this give me the green card explain the situation what you contribute to the society explain the situation of your family how hard it is for you to move from one job the job how hard it is for every time you want to travel outside the country now you have to go to speak with an immigration lawyer check everything is okay and then you have to go and test yourself out in the counselee to get the stamping and countering and let's say for example if your kids are becoming 21 maybe your kids need to write a letter to I mean you need to have all these things remember that this is the closest we ever got if we got good support from the house good about 80 percent of them supported they spell we have a thirty five co-sponsors in the Senate out of the hundred and that means doesn't mean that the rest of the people are not supporting we have come very closer this it will make a difference your effort will make a difference I want you fair affected by if you're going to be affected by this bill and you want this to be passed please write to detailer to explain your situation what is your portion how long you been in this country what's your family did you buy a property in that particular state where you are living in was work on give them all the details if necessary make an appointment with a senator's office go go and visit them and if any of the kids are becoming 21 have them write letters have them go to meet the Senators it makes a lot of difference when you go and meet the Senators as compared to these kids meeting the Senators this is going to make a difference either it's going to be 150 years for you to get the green card or three to five years for you to get a green card will depend on this single Bell so practically 150 years I'm not expecting that you want to live that long at least you know hopefully maybe maybe will you but if you file an application right now it's 150 years and this bill might cut down the waiting time the three to five years so please take this very seriously if you are affected by this bill please contact that senator now when you are speaking with the senator when you're speaking with the press when you're speaking with anybody this bill does not put Indians ahead of anybody else this bill does not put Chinese ahead of anybody else all this bill is doing is that it is eliminating the discrimination that is caused based on the country of birth you're not asking to favor Indians you're not asking to favor Chinese all you are asking is to have a plane field you don't want any preference you just want to be a common person to get it you don't want any preference so when you're talking there will be a lot of opposition that will tell to you that while this is favoring Indians know this bill is not favoring Indians that will be your point now coming to the main discussion that we have the Stephen Brown is a business partner and it's also head of the litigation in our office Stephen h4 EAD I mean that used to be an easy task we history at a stage for EAD h4 + Erie with the premium processing of the h-1b and we used to get the approval you already know that and you have done a lot of those things by yourself now what has changed to have the hitch for not approved with the h-1b what has changed for the EAD not have been approved along with the h-1b now yeah actually it's one of the questions were proposed proposing to the court is not a lot has actually changed now when US is introduced the biometrics that they introduced with the age four they noted that some of these cases that used to be approved together in premium processing would no longer be done together because it takes about 17 days to get my metrics done and premium processing is 15 days so they said look we might see some delay but we're gonna try to expedite those cases because we understand people need these that their videos filing them together that's not been the case in fact I think we're still are we still waiting on seeing much of this being expedited or even being processed in a timely manner from our firm so what are the steps that you're taking they are not approving it are you did you try to expedite the kids did you contact the congressman what did you try it before you go for the yes absolutely we've gone through traditional methods of expediting cases filing expedite requests with USCIS saying that this is a severe financial interest that this gets approved that they're gonna suffer a financial burden USCIS is responding saying it's a normal processing people are going to their Cod their local congressperson and the they're you know that used to be a very good half and you once Congress got involved USCIS used to take steps to immediately rectify it the problem and now you know USCIS is even telling them hey it's a normal processing and we're not gonna help out on this yeah we're not so what's the solution yeah so the exit the solution is to file a delay lawsuit against USCIS and what we're doing is through the Administrative Procedures Act also known as the APA we're taking that which a lot which requires the government to process these in a timely and convenient manner and focusing on the fact that there's a line of court cases which gives us factors that courts should look like look at if a delay by the agency is unreasonable and in this case what we look at is that in the Immigration and Nationality Act Congress has given their intent that all not immigrant visas be processed in 30 days and anybody has done anything with immigration that hasn't paid for premium processing does they haven't filed followed that a long time so what we're doing is we're focusing on the fact that Congress has given their intent they used to approve these cases together they don't take a long time to Jew decayed you know based off of what USCIS has posted out there in terms of what it actually takes 1 10 15 12 12 minutes to do these cases and then there's no reason for these delays the government cannot justify the delay and the delay is hurting people financially it's hurting people with their insurance their ability to drive and so on and so forth there's so many harms to the delay of these cases and something that's traditionally been approved with the h-1b so that's the issue we're running into even though us said they were going to try to do them in an expedited manner they're not and so we're taking actions in the federal court so you said you have taken actions in the federal court correct how many cases that you filed how many kids has got approved what is a timeline for it typically right so typically so our first lawsuit we filed was I think 35 days ago is when the lawsuit was filed and served to the government at this time we've got 75% approvals we're waiting on just a you know that last 25% to get done and that's still getting pretty good has the other cases that we're tracking that are around the same timeline are not getting approved the USCIS so this we are showing that it's working with the the 75% we're just know getting a little bit more from a timeline perspective the government gets 60 days to respond once the lawsuit is filed and served and like I said that first lawsuit we're still only at day 35 today so it's still a young lawsuit so that's we only provide one lawsuit or we filed two so far the second one was just filed and served on the government last week and we've actually already seen an approval in that second cases so when you're filing the cases do you file for each individual so you group up the people to cut down the cost yeah so we group together to help reduce some of the costs involved we will run as many plaintiffs through as are wanting to get involved in these lawsuits now there's not a fear in the amount of people in the society that if you file a litigation they're going to come after you and shoot you I don't know whatever they learn yeah I get the question a lot about what's the retaliation risk you know it is people suing the government the government's anti-immigration right now we know that and so people have that fear and I can respect the fear but what I can tell you is it's not something to worry about what the government can't get organized enough to retaliate against anybody we've talked to people that have worked in the government as lawyers in the government and they've told us the same thing in fact the government's more fearful of people who have sued them because they don't want to be sued again and the number two sometimes they're gonna like I said they're gonna take some chances to be more advantageous to you because you've sued them previously they don't want to again be up in court and if they do retaliate that's another lawsuit against the government I mean that you have the right to sue you're asking for something that you are you've paid for and that USCIS is bound by law to do and you're just trying to enforce your rights you're not asking for money you're not doing anything extra it's just we want what we should have which is in a timely adjudication so you don't lose your job lose your ability to drive lose your insurance so how many what is this could you for your lawsuit that you're gonna fight yeah if if a client comes in give me a timeline how it works out yeah so you know we can move pretty quickly on these we're gonna file one more on Friday we've got that done we're starting to finish drafting that one so that way you can get drafted our next lawsuit if anybody wants to join is going to be August 2nd if you guys contact us we can get you rolling pretty quickly on it the documentation you need is very very minimum it's you know receipt notices approval notice it's just some basic information so the hitch one huh right there must be hitch fortified and unified and their finger pen must have been done correct yeah so what we're looking for is that the h-1b is approved and the h4 and h4 EAD had been pending for more than 30 days you know it's not 30 days from fingerprinting it's not 30 days from the h-1b approval it's 30 days from the date you're filing I'm just for the people to be cautious that past results are not guaranteed for the future results I just want to let you know on that and you know how do you split the cost for the people yeah I mean we're you know we're spreading it around to help reduce some of the court filing costs you know so that way the more people we have involved the list that we're able to absorb on our end let me on the site visits now we've used to have you know we've have been having site visits the FDA sighs site visits went up by boat four to five times especially the people are working for the consulting companies what have you seen the difference right now as compared to like past two three months as compared to previous yeah all of a sudden we you know we heard one issue where a site visit happened and the officer was really asking questions not about their current employment but asking a lot of questions about the original h-1b petition that was filed in the cap and this was not even the same employer that this person was working for and we thought maybe it was just kind of a maybe strange issue for that particular officer we didn't know what was going on thought it was just that particular case but all of a sudden in the last few weeks were hearing more and more situations where the officers are asking about the initial petition and come to find out they seem to be situations where the initial filing was filed as an in-house project the one of the in-house projects that we've been warning people not to do with these duplicate filings where there really isn't work available and then as soon as they get the approval they turn around and place the person on a project at an end client and file an amendment or the person turns around and transfers out to another employer so it definitely seems that the government has figured out what this loophole if you want to call it that is where people are doing these duplicate filings and filing with a firm claiming they have some sort of in-house project and although they approved them now we're seeing more and more notices of intent to revoke those old applications filed two or three years ago certainly if they got the hits wouldn't be approval with the company a let's say in 2015 in 2016 they move to Company B and maybe some of them have moved to company C so this company is h-1b is already expired what loss with the individual have if they're going to revoke the h-1b that has been filed in 2014 r15 yeah this is the the big issue that people need to be aware of is if that initial tition is revoked due to fraud or misrepresentation its treated as if that petition never existed it was never approved that means you've never been counted in the cap and your current employer or any employer in between should have been subject to the cap and also should have never been approved because they likely were not filed in the cap so ultimately this could chase you to all of the future or you know all of the petitions felt after that to have each of those revoked because they were not filed in the cap and it's a cap subject petition so that is a very big issue that's going to come around so these notices of intent to revoke need to be treated very seriously only one other topic is the travel and the application as stephen is telling that the application delays is going on everywhere we do have a congressman hearing today which addressed and they were very mad especially two of the congressman from Houston were very mad on the delays that are causing in a non-immigrant visa application and among other problems people have is that they have to travel to their home country or they have to travel on the business at every level what are the problems when the extension of the application is pending or when a non-immigrant visa application is pending for a change of status what are the problems people face in traveling what should they be careful about and what what is the solution for this yeah so the first thing to be aware of if you have a change of status pending and you leave the country while the change of status is pending that change of status request is automatically abandoned so if it for example is an h4 where you've requested a change of status to h4 and you leave while it's pending the whole h4 gets denied not just the change of status portion but the whole application the I 539 is denied if it were an h1 petition or an l1 for example and I 129 where you filed a change of status request the change of status will be abandoned when you leave but the petition itself can still be approved once you have that approval you can apply for the visa and come back in to still take advantage of that approved petition but extensions is a different story if you have an extension pending but your current approval period has not yet expired and you have a valid visa stamp that hasn't expired you can actually go out and come back in while your extension is pending and then once your extension is approved that will be your new approval period it will be extended beyond your current approval the difficulty with that is now you always have an i-94 number and so right now if you the last I 94 number you got was probably when you entered the country if you filed an extension since then your extension is going to be approved with the exact same I 94 number you keep that number with every filing until you travel again when you come back in they're going to be given a new number so the idea of traveling while an extension is pending creates a problem with your i-94 number because you've filed your extension when you have this number and your extension is going to be approved with that number but in between you went out and came back in and got a new number so it's creates a mismatch between your numbers and it's not so much an issue for your status but it can create headaches when you try to renew your driver's license if you ever have to submit a verify if you're starting a new employer or if you need to visit Social Security office for some reason they all use this save database where they match up I 94 information with petitions and so that's where you're likely to face an issue and you may have to travel one more time to clear that up so it's just something to be aware of now one other thing for traveling when an extension is pending once your i-94 has expired you can't come back in based on the pending extension so this only works if your current petition or I 94 has not yet expired and you're going out and coming in based on the previous approval but if you go out and your I 94 expires you cannot come back in again until you get the extension approved and get the new visa stamp to come in beyond the issue of the inconsistencies of multiple filings on the one-sixty I want to explain the audience's what is a ds-160 is that this is an applic a form that you fill in when you apply for the visa sort of say for example if you're coming in Australian they said if you're coming on h-1b visa or any other visa that's a form you fill it online and then you submit to the consulate with the consulate we'll give an appointment and then based on that they will grant you the visa for you to enter into this country the only you set that on this ds-160 if there is a consistency in consistencies met that means that if the job experience for example if the job experience that they have given before they came in our student visa is contradicting at a later time that might create problem can you explain more why it has become more important right now as compared to this yeah this really comes up we're noticing in the i-140 process where you know in order to file the i-140 and eb 2 or eb 3 you first need a permit in most situations and so that perm process lists all of your prior experience job titles dates of employment employer names and your actual job duties and when you're filing for EB 2 or EB 3 you always have to prove that you have the amount of experience that's required based on what it says on your labor certification and so you're using your former experience to qualify for the position that you've been been sponsored for that's what allows you to get an approved i-140 but when you then go and apply for your visa at the consulate and you're filling out that ds-160 you also list your job experience history there and we're finding a lot of people are you know not concerned about keeping everything consistent and they're you putting different job titles they're listing different duties sometimes not even the same dates are listed so the when the government is then looking at the i-140 and they're looking at the perm which is signed under penalty penalty of perjury by the individual employee who it's filed on behalf of and you're looking at the ds-160 which is submitted at the consulate and the job details don't match they're saying hey maybe there's a misrepresentation or some fraud going on here so it's very important that everything across every application you're submitting from one h-1b to the next from you know a lot of people have multiple perms filed each perm application should be consistent and also newly the ds-160 needs to be consistent so whatever is mentioned in your h-1b should be the same as what's on your ds-160 whatever's on your perm should be on your ds-160 everything should be matching and should be accurate that is this question on the Senate bill is it good to send letters to the Senators or listen or is it good to sender the Senators who I am reciting yet I don't keep on same thing to the Senators who listen to you because anyway they're most probably our sponsors so you need to target the senators that video reciting it and probably target the senators who are not listening to you what in the opposite of it I would request you the for sure even if your senator is listening or if your senator is not listening try to contact the two senators at your state if it is listening say thanks for support for the bill if he is not listening then you try to explain your situation more detail now try to explain the situation for both the people if the senator is supporting you want him to support harder if the senator is not supporting you still want that guy to be on your side don't try to leave any of those things make sure that you send letters detail letters and if necessary make an appointment and go meet with them and when you meet meet with the family take your daughter take your son take it take your suppose and go and meet them that would be a better thing that for you to do contact your local senators for sure now the other question is that if the Senate passes this bill how long does it take for this to possible this is a question for Mishra it is expected that a president Trump is not recommend a posed to this bill at this point of time he has not expressed this is actually not increasing the number of green cards it's just taking the discrimination off we are not expecting President Trump to to veto this bill they're expecting him to sign this bill that's how what it stands for Stephen I have this question Madame has this question he filed hich Minh B and H one B got denied for the extension his i-94 is still valid until August 6 2009 teen can Healey file the extension along with the h4 I would I mean I think you came because you have a valid h4 you can look into some or excuse me valid I 94 with the h1 excuse me you can look into some options on refiling the petition and and there's a lot of arguing arguments you can make to try to ask us see is to make sure they approve it did you see any approvals from the Nebraska Service Center we have been waiting for a hitch for Pasir the approval we've been waiting for four months what's the thought on the litigation yeah I mean I think what I've been telling people is action is better than inaction we have seen approvals from Nebraska and California and I believe Vermont as well we've gotten all three service centers where we've gotten movement through the litigation once we file the litigation it kind of lights lights a fire under USCIS to want to adjudicate these cases because they really in my opinion don't want to fight this lawsuit it's not a fight they want to pick it's not government resources they want to spend when all they're talking about is delay so filing the lawsuit really has that cause and effect it's of trying to get that adjudication a lot quicker Maheshwara firm facebook has a question that comes up quite a bit a situation of filing a change of status from h-1b to h4 and then what happens if you get a new job offer and want to switch back to h-1b but your h4 is still pending because as we've been talking about h4 processing times are taking forever so when you've changed when you filed a change of status from h1 to h4 and you've stopped working for your first h1 employer you're no longer in h1 status but you're not yet in h4 status because the application is still pending you're in what's called a period of authorized stay from there to file a change with status back to h-1b you have to prove that you're maintaining your current status which again you're not in status yet you're in a period of authorized day so you can't change status back from from h1 to h4 back to h-1b while without ever getting the h4 approved the h-1b would likely have to be filed for consular processing once it's approved you go out get the h-1b visa stamp and come back and then you can start work again of this question for you here Stephen my hitch when we got picked up in Los Angeles and now I have another job that is within the same MSA the h-1b is not approved what are the risks for the h-1b approval I got not a fee right now yeah so what you've got the are Effie I assume a lot of the questions are not the work that you're performing in the RFP and unfortunately or in a situation where now you've changed projects whether that first project ended or you're going to a new one we've had you know we used to have success going back to 2016 and early 2017 where we would file amendments but really since the Trump administration took over they're not approving these cases either they're going to look at any number of denials that I've seen either one that the project that you found for no longer exists so there's no reason to approve the case or the project that you the new project that you're on didn't exist at the time of filing and so we're going to deny it then so there's a lot unfortunate we see a lot of denial so that when these projects and so ease it the same situation if it is a different MSC and within the same animus I think it's the same situation when you change the client now if you change you know if you're working at Pepsi in Houston and you go work at another Pepsi office in Houston I think you can get have some success with that you just argued you know your work address change but it's got to be with them the same MSA but when you've changed the MSA or you change clients I think it's when it gets tricky with USCIS question for you Emily from Nitin from YouTube what is the exact date on which 1044 Billy is going to comfort hearing incident I don't think we have a date yet and it really depends on what happens in the Judiciary Committee so it's gonna be up to the individual committee to get that on their calendar for their first kind of round of markup and as far as I know there's no date yet I do know that kind of the the plan with the bill is they want it to take effect from October first so hopefully we will see something between now and October first the meantime don't forget to the things what we said every in the part of this video to contact the congressmen and Senators guys question on Facebook from Divya h4 EAD is expiring in August they already applied for the renewal back in April what's the current processing time at the Vermont service center because it's already been three and a half months so currently and I'm assuming that it was just the EAD that was filed for so that processing time is two to five months at the Vermont service center so you may be able to get that in time but it really depends on if you've also filed the h4 along with it which is typical that everyone files the h1 h4 and h4 EAD renewals all together in that situation it's based on the I 539 processing time which those are anywhere from two months to 15 months depending on which service center yours is at I don't have Vermont that's on the top of my head but certainly it is a lot longer than the two to five months with just the EAD Emily this question is for you and me and probably Stephen Commission – what are the probabilities because as a client if I were declined and I'm hanging here for ten DK it decayed and probably will take 10 tickets for me to get a green card simple question what are the percentage of chances that this 1044 bill is going to vote those right yeah so we talked about this a little bit last week I may be a little bit more of a pessimist I'm gonna say 10% chance of it going I'm going to say 20% because I think so that overwhelming support in the Congress that means House of Representatives might have an effect on the Senate now don't be fooled by Senator Rand Paul's bill that he's going double entire green card application because employment basically may sound very good but it's more distraction of the HR 1044 bill if he wants you know let him pass this bill and sign this one up and then fight for the doubling of the numbers rather than actually sidelining the 1044 and then putting up a bill on his own I would rather prefer him to go with the 1044 and then once this is passed and gets a lot he can fight for getting in doubling of the what do you say you know I'm unfortunately more of a pessimist like Emily I think you know it's gonna be difficult to even get it to the floor it's got to go through committee we see some people that aren't you know this isn't a political issue for them so they're not going to take it as strongly you know I would like you to see a process to 15% I have a question for you Stephen this is from s4 on Facebook he's currently on h4 wants to pursue a master's and he's got admission into the university what is the best option to get f1 status do you think that's a good idea to switch to f1 at this point it really it really depends on your goals you if your goal is just to go to school you can can you continue doing that on h4 if your goal is to go to school eventually get on opt and stem opt in order to get those practical trainings that exist you have to be on f1 so right now you can go to school on h4 and start that process to change your status to f1 so you can get those the opt and stem opt and start that early because it takes about a year to get that change of status done I'm looking at this mr. Rashid from YouTube as his question he has filed for 85 years in AP and the lawyer is not giving access to the number of the 485 year D and advance parole and the employer is not giving the i-140 your lawyer is under obligation to provide you the foreign fighters it notices yearly and advance well they belong to you your lawyer is not under obligation to provide you the Ivan for the approval of the employer you can file F Ohio Freedom of Information Act online and you don't need a lawyer to file that it's so simple form USCIS FYI a Freedom of Information Act your father did seeking about 30 to 60 days for you to get an i-140 so with regards to a lawyer you need to you need to contact him and tell him hey you know you need to give it that's yours I mean it doesn't belong to the employer at the 44 application and the Hirini from Facebook has a question h1 extension has been applied for and the i-94 has expired extension is still pending can I file a transfer now so short answer is yes you can but the better question is should I file a transfer now and that's because your transfer is now going to be dependent on whether your extension gets approved because your I 94 is already expired once your i-94 is expired and you're staying based on the pending extension you're in a period of authorized stay you're not actually in h-1b status at that time so when you're filing your transfer you need to prove that you're in status again that's not the same thing as being in a period of authorized stay so in order for your transfer to be approved with the new i-94 card extending your stay you're going to get a request for evidence asking for the extension approval and if the extension gets withdrawn because you left that company or there's an RF II and they decide not to respond to it because you're no longer there it's going to get denied and that's going to have a domino effect on your transfer you're gonna get that approval without an i-94 have to leave the country take your risks at the consulate getting the visa stamped and if you get the visa stamp come back in so not really a great way to do a transfer knock ball from YouTube as this question is it a good time to file a fresh reg for uni yes Godfather there's nothing there stopping you girl father for his for UT another question for you Steven that's coming from YouTube is that his the his it's for Eid prophecy really he is planning for 90 days is litigation the only option do you see any other options for it no it's not the only option it's I think the option that's working right now so the expedite request they're not working yeah Emily was the last time you saw an expedite request actually get approved by USCIS I think I've seen one this year I mean despite the fact that I've given some good facts yeah we had a duplicate card and all they did was the card to be reproduced the USCIS is an expediting for anything like I said Congress used to be a good Avenue to go there not you I've gotten emails from people who talked to Congress people and they're not giving responses to the Congress either so the litigation is a way that's actually working because the USCIS is not using traditional methods to expedite karthik has this question for you Emily on the on the court accuses he his wife filed his fully isn't it for you d final h-1b not selected in the lottery I didn't receive the receipt notice what are the probabilities for them to say three signals yeah unfortunately if you didn't get a receipt by now the petition was not selected you know unless something strange happened and a receipt was generated and it went to the wrong place but you would know that because the company would see that the filing fee checks have been cashed so assuming no filing fees were actually cashed the petition was not selected and it you will be getting the returned petition back soon or the employer will we've received about 118 percent of ours back in the mail that we're expecting so far so those are coming now artists has this question I need your attention beyond this his or her h-1b has been approved in 2007 to 2009 only used for three months after that the person has been continuing on h4 visa can they file a change of status without subject to cap yes absolutely even though it was that long ago once you were counted in the cap you can recapture your time that you did not spend in h-1b status at any time in the future so you could change status to h1 and not go through the lottery now you're not going to get the full six years they're gonna subtract out the three months that you spend but Emily in the same situation I've heard that you know not our office but the other people telling that well it's been more than six years that the h-1b has been approved are the h-1b validated period as expired in this case because it's 2017 Kenda still file the h-1b in this case yeah the January 17th 2017 regulation clarified that and they did confirm that there's no time limit on when you have to use that remainder option and it actually changed the wording on the i-129 form to take into account that situation they used to ask have you been counted within the past six years and no longer has the within the past six years on there so it doesn't it's okay if your petition is expired or if it's been more than six years it's not relevant question for the employment-based green card what is the status of the employment-based green cards for indian nationals the backlog is between depending on a b2 to eb-3 starting from august its 2006 in 2009 in 2007 the prior to date for eb-3 used to be tuta in 2007 the priority it used to be 2007 in 2019 12 years later on the prior to d8 is 2006 so it's backlogged into a years by one year and that's the situation so that's another need for we need to contact the Senators to make sure that the discrimination is taken off we are not asking anything special status for the people who are in the background all we are asking is to have a plane feel things Russian from Facebook has a question next year it's gonna be his last chance at filing the h-1b in the lottery stem extension is expiring in May 2020 once to know when he has to leave the u.s. assuming that h1 is not selected so at the end of your opt or stem opt you have a 60 day grace period and so you depending on whatever the last date is mentioned on your opt card you have 60 days from that date to leave the u.s. it's not based on your i-94 because your i-94 likely has d /s for duration of status there's no end date on the i-94 and your visa stamp is also not relevant the visa stamp has nothing to do with how long you can stay in the country it's based on 60 days from the date your stem extension expires Emily Deepak is asking this question from the YouTube that he is an h-1b but he has his Ivan crude Kenny can he be a partner in the startup with the US citizen and continue working at the backdoor we thought of h-1b from that startup yeah that's a really good question we get that a lot I think that immigrants tend to have a very entrepreneurial spirit and are always wanting to start businesses and unfortunately the h-1b only authorizes you to work for the company that sponsored your h-1b so if you are you know joining as a partner in a business and you're actually running the business or doing any work for that business that's gonna be considered unauthorized employment because you don't have an h-1b approval for that business now that's different from passive investment which is allowed so you could invest money into a business and be basically a silent partner not do anything related to the business and just take the income that you receive from that business that's fine but anything beyond that where you're actually doing work for the business you're running to the bank you're signing paperwork you're negotiating terms you're dealing with employees hiring firing all of that none of that is authorized unless you have a valid h-1b for that business question for you Stephen from Rohit from YouTube he's asking the question he has his h-1b approved he initially came an F on his head f1 visa expired his h1 I 94 is valid until 2020 can he travel to Mexico for and stay there for one week and come back without h-1b stampy yeah so with automatic revalidation you can do that as long as you've got your valid i-94 for your current h-1b you've got a you travel for less than 30 days to Mexico or Canada you can you should be able to do automatic validation emilich n/a h-1b person travel with the previous companies stamping to outside the country not just Mexico but outside the country and he's no longer working for that company is working for Company B & Company is visa is still valid but they withdrew the hit from the application can they travel outside the country with the hitch won't be a problem with the company began come back into the country yes so that visa stamp even though it's got the old employers name on it it is still valid until it expires so you can use the old visa stamp with the old employers name that hasn't expired and your new I 797 approval notice it has an i-94 on it to come back into the US you have to be careful though because sometimes the CBP officer will only give you the end date on your i-94 that matches the visa stamp and that's not correct they're supposed to give you the end date that matches your new I 797 approval notice so before you walk away check your passport stamp to make sure they gave you the correct end date that's with your new i-94 if they didn't and you've already left you may have to go to deferred inspection to get that cleared up if you don't catch it in time you could be considered to overstay even though you had a valid approval notice it's whatever the last action is and so you need to make sure that they give you the right end date when you're entering that way only this question continues on the non-immigrant visa people working is it possible for the hedge for EAD person to do day trading stocks with the suppose income yeah I don't see any issue with that at all it doesn't matter whose income it is you know if you're if you're married and it's your income to and yeah other question them do they need to have an EAD to do the day trading stocks in in my mind day trading is even though you're not working for someone I think you are actively doing a job because you're doing it so much you're constantly doing that so to me that kind of crosses the line versus someone who puts their money in the stock market and leaves it there gets dividends once a year from that money that's okay but if you're constantly working at buying and trading and buying and selling and buying and selling trying to make a profit that's kind of a business yeah it depends on how much trading you do I mean if you're going to do like hundred days a day that definitely looks like you're working but if you're doing your one or two readings a day I mean you know I may think differently a little bit differently than Emily but definitely if you're doing 100 trades a day or 50 trades a day I would think so you're working and Amit has a question from Facebook Raul what's kind of the usual I 140 processing time right now it's between six to eight months is a processing time for the i-140 you can do premium processing for the five-and-forty right now and pre processing will get you in three weeks and we are just a continuation of the sorry a lot of people have a presumption that the payment processing will get an out of your denial yeah that's a huge rumor and it's a really big myth that's not true we find a lot of applications in premium processing and we file them in regular processing – it's going to get an RF e in premium it would have gotten the same Aarthi in regular processing but of course you hear about it more because people just paid an extra $1400 and you know get an RF e right away whereas their friend continued in regular processing and they haven't gotten an RF e yet well that's just because the government hasn't gotten around to it yet it's not because they're not going to get one so premium processing does not cause RF ease it does not cause denials you know there's a rumor that the more I guess knowledgeable or highly trained officers are the ones that handle the premium processing so they're scrutinizing everything more and they it's harder to get the case approved I don't think any of that is true just to clarify the hits for you D on the day trading thing that we discuss timely and under what we said was that if the person has a h4 EAD they don't have a problem 100 trades or 200 trades on the hits for you d that's not a problem if you don't have any ad that's when you need to discuss how many traits you want to do on the hit for unity absolutely you can do thousand trades a day Stephen Naveen has a question from Facebook he wants to know what is it any different if I filed just the H 1 and H 4 in premium processing and not the EAD does did you get the H 4 any faster than no in fact I think what we've discussed with our team is that it's actually the age for holding up a lot of the h4 EAD s the age for EAD times like Emily mentioned earlier not that far off it's waiting for the h4 as well so the h4 is like I said I think Vermont when I last checked it was 8 months I think some of the other service centers are a little bit less than that you're still going to be waiting for that age 4 to get approved yeah and I think you know the the new strategy some people are thinking of now is filing just the h-1b renewal super early in premium processing getting it approved sending the h4 spouse outside the US getting the h4 stamped coming back in and then filing the EAD now the EAD processing time is still longer than it used to be you don't have that 90-day processing time anymore but that may be faster but again then you're paying for the flight you're dealing with the hassle of visa interviews and getting stuck there so that's just another option for a slightly faster but more hassle factor question for you litigation guy Stephen is that have you seen any nebraska h4 EAD that has been filed on or after March 11th for the biometrics that got approval I don't think we have any litigation yes through non-litigation I don't think we have ok and here here is the case that I'm showing you yeah no I've got I do know I have one through litigation I was and that was a fuscus they've got approved in 13 days yeah there's 13 days after he served but there doesn't mean that every time he takes 13 days guys yes the first case that got approved for our office through Stephen was actually Nebraska service center so you know I don't know why people think so that Nebraska is immune from the litigation no they're not I know we know that Nebraska processing time is a long period of time but yeah Nebraska period it the first case that we got approved in the litigation that we filed in June first actually was from Nebraska so Center Bhuvana from Facebook has a question has an h-1b transfer a pending that's in premium processing got stuck with a request for evidence and wants to know if the current employer can go ahead and file for an extension now so assuming that the i-94 has not expired and you're still working for the current employer you haven't joined the new employer yet yes there's no problem with that there was a question I saw on YouTube from Robbie 4-h one amendment an extension is the 240 day rule apply and I think when we've done some digging into the comments that and the responses to the comments that USCIS and DHS put out that it does not it only applies for extensions with the same employer I think although initially we really are expecting that the amendment has extensions but actually the 240 rate is applicable but yeah we the secular office did some more research into this recently and it has determined that based off of the comments and the replies for those comments that amendment less extension does not apply to the 240 day rule does not apply so they can work even beyond 204 that when it's an extension and the amendment but if it's only extension they can only work for torn and partied at all key short from Facebook has an interesting question you asked to know what is the grace period to join the new employer after an h-1b transfer has been approved technically you never have to join the new employer you can continue working for your existing employer that new transfer h-1b becomes a dormant h-1b at that point because you've never actually used it and joined that employer so from a status standpoint again there's not really a grace period your existing h-1b remains valid six months from now if you want to join the new employer and they haven't withdrawn that dormant h-1b can be used still and you can join six months in the future however there is an issue from the employers side regarding the wage liability because an employer when they file an h-1b transfer they're going to list an intended start date for you to join and if you don't join in they start paying you within a certain period of time they could be liable for back wages to you but if it's your choice that you're not joining right away and they keep that documentation then that's fine but you know that this isn't a situation where they filed a transfer you stopped working for your old company and they don't have work for you so they told you not to join now that would be a problem that's benching that's illegal they can't do that but if it's your choice while you're not joining and the company is willing to wait for you there's no problem in doing that well Shelly has this question from YouTube she's an she filed for the hitch for eud it's not abroad yet can she apply the jobs or is it illegal to apply the jobs you can apply the jobs absolutely no problem you can apply you cannot work but you can apply for the job when they hit 40 units pending also to continue when the hit full EAD extension is pending if it's not approved and your current yearly expires you have to stop working here the question was can she apply the job yes absolutely that's not a problem Mohamed from facebook wants to know how do you know that your h-1b was filed as a change of status versus consular processing is there any way to know so you'd have to have a copy of the i-129 form and it's going to be on where does it page to now there are several boxes and one box is for notify the consulate and in other boxes for change the status so you haven't you can't find out unless you actually have a copy of the i-129 form that was filed Stephen I have this question from YouTube from different questions I'm merging into one question is that we have seen a lot of denials coming in the past 1 2 years compared to previously is motion to reconsider or appeal all the only option or do you and if those options are or what are the probabilities what are the other suggestions that you will make if there are yeah I mean there are a ton of options you have obviously where the case is denied an MTR or an appeal those are traditional methods the problem we've seen with the government is that they aren't traditionally working in to approve those cases I think the latest statistics showed that the appeal process is about three percent approval rating after it gets to the administrative appeals office they're looking talking with an attorney that we used to work with the AAO they they their job is to play backstop to the service center and try to make backup their opinion with better law one of the better options if your case is denied and it's really you know the the work the term of art here's arbitrary and capricious that we're looking for as you can sue USCIS on a denial of your h-1b you know looking at the fact that you know the regulations are there a lot of these policy memos are outside of the regulation and that's what you're suing that they're going well beyond what's actually required there's a lawsuit on whether these things are even required that's a handle to the whole policy but you can sue on individual denials and I think that based off of what we've seen that has a better success rate than going through the appeals process the other things you may want to consider also actually very seriously is that sometimes refiling the hitch for me is another issue sometimes filing a consular processing even if you don't have an i-94 might be a thing that you need to consider if your energy for expired you may want to argue a thing called non pro tunc please excuse me for being out of status for the extraordinary circumstances and you can apply another h-1b you may want to consider those options too before going to motion to reconsider appeal then we evaluate in our office so most of the time we choose to actually go to the part of filing it to refile in the h-1b application then actually ending up the motion to reconsider our filing the appeal if you filed a motion to reconsider if you're identify Experian you cannot work with that company that's a problem if you file appeal you cannot work with this company and these are very time-consuming process and sometimes your case might or might not be right for filing a hitch litigation so you may want to consider the options of refiling the h-1b either in the console processing or using the non protec argument and sometimes you know these these things with the premium processing there right now you will get a result much faster and the other options that you may have Stephen I have a question for you from an and on Facebook we talked about before when the biometrics came out the idea of maybe we should file in regular processing and then upgrade after the biometrics have been done have we tried that and we've seen anybody that got the approval that way so I personally have it a lot of my clients don't want to file together but I have seen other plaintiffs and our lawsuits that have done that option or even came about before biometrics in their cases pending while biometric yeah when what's the regulation and the new process got put into place and it's just not I don't I haven't seen anything work you know filing premium after the fact you know where they've respond for the h1 are at the upgrade to premium at that time and then the age for an age 40 ad are still pending well after biometrics a question for you Steven is that how long before the hits 40-year the exploration I mean they file for extension the hits for unity is not expiring right now how long before they can file a hitch litigation yeah so the litigation like I said we're looking for the h-1b being approved and 30 days after it's been filed not anything to do with the biometrics or anything it's just we're looking for even if even if the hitch 40 unit is still valid absolutely yeah the earlier you can get to our office the more like the easier it is to get you a positive results we can you know because it does take time to go through the court process but like I said we're looking just for to see that it's been filed it doesn't matter if your EAD expires a hundred and 60 days from now anything you have to me yeah so I wanted to let everyone know that our firm is hosting a webinar coming up soon that's going to be covering all the different options available for filing in the ep1 and ep2 categories this is going to be hosted by Crystal Allah nice and Amanda card well they're two of our attorneys in our perm practice they file tons of Labor certifications but they're also very familiar with all the different different I 140 options that are out there so they're going to be hosting this on Thursday August 8th from 1 to 2 o'clock we have the link for you to register on our Facebook page today so if you go to Reddy and Newman PC on Facebook you should the link and you can register for that webinar today thank you very much guys Thank You Steven for coming in for educating us on the hitch for Erie vindication Thank You Emily thanks for joining