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Attorney_22

President Trump's Executive Orders and U.S. Immigration Policy: Open Discussion

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Dear all

Has the Dropbox service for visa stamping/renewal been suspended for India? I am scheduled to go in 10 days and qualified for Dropbox.

The CGI website still says I qualify, and will not let me book an in-person date. But some other forums say it's been suspended by the Executive order. I have a valid stamping (from a previous employer) till March 31, 2017 and I was returning back on March 1st. I have a valid I797 with my  new employer till next year March.

What would you advice? Is it risky to come back when the stamping is expiring in 30 days (if they deny my Dropbox interview) ?

Please let me know

Thanks

PM

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I'm currently on the OPT STEM Extension. Can the STEM Extension (not the original 12mth OPT) be revoked by Executive Order or must that go through Congress? When Obama increased the STEM Extension from 17mth to 24mth, I don't recall it going through Congress, so does that means Trump can nullify STEM Extension through the stroke of the pen?

Assuming the worst case that Trump either through Executive Order or Congress ends the STEM Extension program, will aliens with EAD card from an approved OPT STEM Extension lose their status? Or will that only affect new applications, i.e. future students will not be able to get STEM Extension.

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Hello All,

I recently got my H4 EAD renewed until Aug 2019 and am currently employed. Under the rumored scenarios (H4 EAD being revoked), will I be made to quit my job? Wondering if I should alert my employer. Please advise.

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On 1/31/2017 at 8:58 PM, Unitech said:

Plus one... Will DUI misdemeanor offence fall under this and will it be safe to travel and get stamped?

Plus 2.. Can you please shed a little light on your expert opinion about this?

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Hi,

I'm currently on STEM-opt valid till July 2018 .I'm planning to travel to India next week for my MARRIAGE and return back on March 4th 2017.

I have the following documents: 

1. Valid designated Travel I-20 

2. Valid F-1 visa, Valid Indian Passport

3. Employer Letter and Client letter(I'm working for a desi employer for a client -active)

4. Valid OPT card(24 months)

Please suggest if it is safe to travel next week and return back without any immigration issue???

Edited by Krishnacorleone

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I am confused on the new bill to be passed on 130K salary requirement for H1B.

(I know this deviates from Trump's EO, but still want to clarify)

Is that applicable to only H1-B dependent employers ? Are other H1-B in-dependent employers still eligible to file H1B with lesser amount ?

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34 minutes ago, dsrini said:

I am confused on the new bill to be passed on 130K salary requirement for H1B.

(I know this deviates from Trump's EO, but still want to clarify)

Is that applicable to only H1-B dependent employers ? Are other H1-B in-dependent employers still eligible to file H1B with lesser amount ?

That would be for H1-dependent employers.

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I am currently in 5th year of my H1-B that expires on JUN 30 2017. My current employer would not extend my H1-B. My spouse has an approved I-140. I am planning to convert to H-4 EAD and without getting a break in my current employment, but in the present time when several immigration changes are being expected, is it recommended to convert to H4-EAD?

1) Based on my H1 expiry date, by when should I be applying for H4-EAD? What is the general processing time for H-4 and EAD? Is there premium processing option available to convert from H1-H4 EAD? In my current situation, is it suggested to go for premium processing or general?

2) Will my H-4 and EAD be approved at the same time? What will happen to my employment if only H4 is approved first and EAD is approved later?

3) Will the H-4 EAD program be revoked?If I convert to H4-EAD and if the program is revoked, what will happen to my employment?

Please reply!! Thank you!!

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Hi All,

Is there any rejection cases for green card holders at POE,I came to India for my cousin's marriage along with my kid (he has citizenship),as per the info on blogs only few countries were restricted/denied entry to US and I read in few websites as green card holders  are  exempted from ban.

my question is there any problem for h1b or green card holders who are currently in india for vacation and wants to return to  US next month?

Thanks 

 

 

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On 2/1/2017 at 0:58 PM, pm87 said:

Dear all

Has the Dropbox service for visa stamping/renewal been suspended for India? I am scheduled to go in 10 days and qualified for Dropbox.

The CGI website still says I qualify, and will not let me book an in-person date. But some other forums say it's been suspended by the Executive order. I have a valid stamping (from a previous employer) till March 31, 2017 and I was returning back on March 1st. I have a valid I797 with my  new employer till next year March.

What would you advice? Is it risky to come back when the stamping is expiring in 30 days (if they deny my Dropbox interview) ?

Please let me know

Thanks

PM

The latest information we received states consulates in India are still allowing the drop box service. 

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On 2/1/2017 at 3:09 PM, AndroAsc said:

I'm currently on the OPT STEM Extension. Can the STEM Extension (not the original 12mth OPT) be revoked by Executive Order or must that go through Congress? When Obama increased the STEM Extension from 17mth to 24mth, I don't recall it going through Congress, so does that means Trump can nullify STEM Extension through the stroke of the pen?

Assuming the worst case that Trump either through Executive Order or Congress ends the STEM Extension program, will aliens with EAD card from an approved OPT STEM Extension lose their status? Or will that only affect new applications, i.e. future students will not be able to get STEM Extension.

Such a change to the STEM program would need to go through the regulatory process. 

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On 2/1/2017 at 6:26 PM, SangeethaSundaram said:

Hello All,

I recently got my H4 EAD renewed until Aug 2019 and am currently employed. Under the rumored scenarios (H4 EAD being revoked), will I be made to quit my job? Wondering if I should alert my employer. Please advise.

We cannot advise on this until we know the language of any potential change. 

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On 2/2/2017 at 8:45 AM, diablovox said:

Plus 2.. Can you please shed a little light on your expert opinion about this?

Due to the complicated nature of this question, it is advisable to call our office and speak with one of our attorneys. 

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On 2/2/2017 at 5:22 PM, dsrini said:

I am confused on the new bill to be passed on 130K salary requirement for H1B.

(I know this deviates from Trump's EO, but still want to clarify)

Is that applicable to only H1-B dependent employers ? Are other H1-B in-dependent employers still eligible to file H1B with lesser amount ?

This change has not yet been passed/implemented and we do not yet know the final language of the proposal. When we know more we will issue an article regarding it. 

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On 2/5/2017 at 1:09 AM, sandyd said:

Hi All,

Is there any rejection cases for green card holders at POE,I came to India for my cousin's marriage along with my kid (he has citizenship),as per the info on blogs only few countries were restricted/denied entry to US and I read in few websites as green card holders  are  exempted from ban.

my question is there any problem for h1b or green card holders who are currently in india for vacation and wants to return to  US next month?

Thanks 

 

 

The EOs are not directly affecting travel for those with Indian passports. 

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On 2/7/2017 at 10:16 AM, Attorney_22 said:

We cannot advise on this until we know the language of any potential change. 

I am in similar situation. Based upon my current h4 ead based employment, employer filed my GC with first step on PWD (prevailing wage determination) in dec 2016. According to timeline it might take 3-4 months for pwd to get issued, after that it will be concurrent filing of I140-I485 since my priority date is current. So, while i am in process of getting GC if H4 EAD gets revoked atleast before 140 gets approved, would my GC gets stuck?

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Hi I am a LPR from India with my N400 in process currently(in line for interview) I had one speeding ticket that I paid 60$ fine promptly, that is marked as infraction from Colorado 14 years back and I have listed it on the n400 application as citation. IT was infraction NON-DUI. I looked up NHTSA speed laws for CO and they say infraction is civil case in CO. I just wanted to check if Trump actions will impact my interview or case in anyway. Please let me know what if anything I should do for this Thanks in advance

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Can a dismissed charge 2 years back related to 647b CA soliciting prostitution make the alien deportedbased onnew law? New executive actions tell us just a arrest charge can make an alien deported 

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On 2/9/2017 at 4:13 PM, mitgc said:

I am in similar situation. Based upon my current h4 ead based employment, employer filed my GC with first step on PWD (prevailing wage determination) in dec 2016. According to timeline it might take 3-4 months for pwd to get issued, after that it will be concurrent filing of I140-I485 since my priority date is current. So, while i am in process of getting GC if H4 EAD gets revoked atleast before 140 gets approved, would my GC gets stuck?

can you please let me know

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