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- L2S Visa Work Authorization for L Spouses - No EAD Needed if L2S on I-94
USCIS updated the work authorization policy for L spouses (L2S on I-94 form) that L2 visa holder may use their nonimmigrant status as evidence of employment authorization and they don't need to apply for an EAD card separately. Basically, your class admission code on the I-94 document can be used as evidence of employment authorization. Reference: USCIS guidance for L and E spouses An unexpired Form I-94 reflecting one of these new codes: E-1S, E-2S, E-3S, and L-2S is acceptable as evidence of employment authorization for spouses under List C of Form I-9. L2s Visa L2S is the COA (Class of Admission) category code mentioned on the I-94 document for L spouses. Note that on the L2 visa stamp - the class is still the same as "L2". It is only on the I-94 form that you will notice the new class of admission code L2S. In Jan 2022, USCIS and CBP started issuing I-94 forms with new COA codes for E & L spouses. A few of these codes are E-1S, E-2S, E-3S, and L-2S. So if you are a spouse of an L-1 visa holder, you will notice the Class of Admission type as L2S on the I-94 form. L2S on I-94 This is a sample I-94 form with the latest travel of 2023 where you will see Class of Admission as L2S. If you are a spouse of an L-1 visa holder, you will notice the same on your I-94 form if you have traveled after Jan 2022. On older I-94 forms you will still notice the L2 class of admission code. FAQs on L2S visa Can an L2 visa holder work in the USA? Yes, an L2 visa can work in the USA, and L spouses can use their latest I-94 as evidence of employment authorization. How to apply for EAD for L2? There is no requirement to apply for L2 EAD if you have the "L2S" category on the I-94 form. If not you can file form I-765 with USCIS. Does an L2 visa require sponsorship? No, L2 visa holders do not require any sponsorship. You can work anywhere as a full-time employee without the need for sponsorship. Related Posts ✔ Go to Main Menu ✔ Indian Passport Renewal ✔ How to apply for an OCI card Related Topics
- Apply for H4 EAD: A First-Timer's Guide to the Application Process
Hello! If you are planning to apply for an H4 EAD for the first time, I'm here to help you step-by-step, right from the H4 EAD eligibility criteria to the required documents. Also, I'll share some tips to avoid mistakes and ensure a successful application. If you're a spouse or dependent of an H1B visa holder, this guide will make the application process simple. Even though you are applying for an extension or renewal, the process is pretty much similar. I will keep highlighting throughout the blog what's needed for renewal. H4 EAD Application Process for First-Time Applicants Overall, I will explain them in detail which will cover all the aspects of the H4 EAD process. If I have missed something, feel free to provide feedback in the comments section below and I will try to add those details to the best of my knowledge. First, we will check the eligibility criteria Next, gather the necessary documents required for the H4 EAD application After that, fill out form I-765 Submit the application Wait for USCIS processing and approval Receive H4 EAD card (and SSN if applicable) Go through FAQs about the H4 EAD application H4 EAD Eligibility Criteria for First-Time Applicants Before we jump into eligibility criteria, please note that You can file H4 EAD only when you are physically present in the US You don't need any job offer to apply for H4 EAD You can not file H4 EAD online, as of Feb 2023, this can be done only by mail. F1 visa holders are eligible for online application though, you can read this in detail in this blog Now, let's see what the USCIS website says for Employment authorization for H4 dependent spouses Primary H1B visa holder should have an approved I-140. OR If primary visa holder is on H1B status under AC21 sections 106(a) and (b) i.e. your H1B has been extended beyond 6 years and you have PERM filed (pending or approved) and I-140 filed (pending or approved) for over 365 days, then also you are eligible to file H4 EAD. Consult with your employer/ attorney for this case. Case 01: H4 EAD with approved I-140 If you are the principal beneficiary of an approved form I-140, Immigrant Petition for Alien Worker then you are eligible for H4 EAD. For example, children (unmarried) under the age of 21 and spouses of H1B visa holders are eligible for H-4 status, and so for H4 EAD. So if your primary visa holder is on a valid H1B status and has an approved I-140 (either from your current employer or past employer, just make sure it's not revoked by checking the status online) and your visa type says H-4, you are good to take benefit of H-4 EAD. Case 02: H4 EAD with pending PERM or I-140 (H1B > 6 years) If the primary H1B visa holder has been granted an extension on H1B after six-year under the AC21 act i.e. you are in your 7th year of H1B and your PERM is pending for more than 365 days then also you can apply for H4 EAD. If your PERM is approved but I-140 is pending, still you can apply for H4 EAD. Again for this case, please talk to your employer/ attorney. This happens when there is a massive backlog in USCIS processing for PERM or I-140, sometimes it takes 1-2 years for approval. Reference: Under AC21 § 106, an H-1B nonimmigrant can receive H-1B status beyond the six-year maximum, in one-year increments, if 365 days or more have passed since either an application for Alien Labor Certification (Form ETA 750A-B or ETA 9089) or a petition for an immigrant worker (Form I-140) has been filed on the alien's behalf. H4 EAD Document Checklist for First-Time Applicant (or Renewal) Once you know that you are eligible to file for H4 EAD, let us see what documents you would need to file I-765 by mail. H4 EAD fees: The fee is $410. You can pay with a money order, personal check, or cashier’s check or by credit card using Form G-1450, Authorization for Credit Card Transactions. If you wanna pay by check, you must make your check payable to the U.S. Department of Homeland Security. Recent photographs: You would need 2 passport-size (2 inches by 2 inches) recent photographs. Mention the I-94 number on the back with a pencil. Form I-765: The eligibility category will be c(26). Legal status proof: You would need the most recent I-94 form or your I-797 approval notice. Photo ID: Passport (front and back pages) or visa stamp copy or EAD copy (not for the first-timer, but in case you are renewing), or birth certificate with photo on it. Your DL or State ID will not work for this. Relation to primary H1B holder: A copy of your marriage certificate in English. H4 EAD eligibility: Copy of H1B spouse's I-797 approval notice for form I-140. Form G-1145 (optional): This will help notify you via text or email. This is totally optional though. Cover letter (optional): This is also optional but it will help an officer to understand your case better. You can refer to this for writing. Even if you are applying for renewal or extension, the document checklist will remain the same. File Form I-765 for First-Time Applicant You can download the latest version of the I-765 form from the USCIS website. You can refer to this link. There is also documentation on I-765 instructions which is very simple to follow. The H4 EAD category code you need to use is c(26). Download and print the I-765 form from the link given above. Select reason for applying: Initial permission if you are first-timer or Renewal for extension or Replacement for lost cards. Fill in your personal information: If you have a single name, use FNU in the given name and your actual name in the Last name. Read more about it here. You can also apply for an SSN card if you don't have one. Just select "No" for 13.a. and then select "Yes" for Q14 & 15 and provide your father's and mother's names in Q16 & 17. Choose the eligibility category as c(26) on question 27. Provide your signature: Sign and date the form. Pay the filing fee: I always preferred to pay via check. Mail the completed form: Mail the completed form and supporting documents to the appropriate USCIS address, which will depend on your eligibility category. Wait for the USCIS decision. You will receive the SSN card via mail after EAD is approved. You can track the status here. You will also get electronic alerts if you have filed the G-1145 form. Common Mistakes to Avoid When Applying for H4 EAD for the First Time If you send the wrong fee, USCIS will reject your application. If your photographs are not recent then our application will be rejected. Do not wear a white shirt/ top and the background should be off-white. My husband's application was once rejected as he was wearing a white t-shirt. Do not forget to sign and date the form before you mail it. While mailing the form, keep the check on top, then photograph, then form G-1145, and then I-765 and the rest of the supporting documents. Use a nice file folder like this: FAQs Can an H4 visa holder work in the USA without EAD? No, you must file Form I-765, Application for Employment Authorization, to request employment authorization as an H-4 dependent spouse. You must receive an Employment Authorization Document (EAD/Form I-765) from USCIS before you may begin working. How to track the status of your first-time H4 EAD application? Once you receive the receipt number, you can track your application on the USCIS website. It's the same process as how you check any other case on USCIS. What is the current processing time for H4 EAD? In general, USCIS provides an estimated processing time range for I-765 applications on its website, which is regularly updated. You can find processing time here. Related Posts ✔ Go to Main Menu ✔ How to apply for an OCI card Related Topics
- Indian Embassy and Consulate in USA - Contact, Email Address, Helpline, and Locations
These are the locations/addresses, contact/phone numbers, email addresses, social media accounts/pages, and website details of all the Indian embassies, or consulates in the United States. These details will be helpful for passport services like renewal, OCI services, miscellaneous services like waiver, and visa-related issues. 01. Embassy of India, Washington DC Google rating: 2.9 Website: https://www.indianembassyusa.gov.in/ Address: 2107 Massachusetts Avenue, NW, Washington DC 20008 Consular Jurisdiction: Bermuda, Delaware, District of Columbia, Kentucky, Maryland, North Carolina, Virginia, and West Virginia Miscellaneous form: NORI Phone General: (202) 939-7000 Miscellaneous: (202) 939-9852 Visa: (202) 939-9865 OCI: (202) 939-9889 Passport: (202) 939-9864 Email Miscellaneous: email@example.com Visa: firstname.lastname@example.org OCI: email@example.com Passport: firstname.lastname@example.org Social media Facebook: https://www.facebook.com/IndiaInUSA Twitter: 1. Passport: https://twitter.com/IndiaPassportDC 2. Visa: https://twitter.com/IndiaVisaDC 3. OCI: https://twitter.com/IndiaOCIDC Youtube: https://www.youtube.com/indiainusa Instagram: https://www.instagram.com/indianembassyus/ 02. Indian Consulate, New York Google ratings: 3.5 Website: www.indiacgny.org Address: 3 East 64th Street, New York, NY 10065 Consular Jurisdiction: Connecticut, Maine, Massachusetts, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, and Vermont Miscellaneous form: NORI Phone General: (347) 721-9243 You can also submit your query related to different services rendered by the Consulate (i.e. Visa, Passport, OCI, Misc. Services, Commerce, Education, Community, Culture, Media, etc.) through PRAMIT, this is CGI New York's official link: https://pramit.indiainnewyork.gov.in/ Emergency: (917) 815-7066 This is only for genuine emergencies in the case of a serious situation like death, or serious sickness of an immediate family member - only for Indian citizens or persons of Indian Origin, outside office hours and holidays. Email Consul General: email@example.com Deputy Consul General: firstname.lastname@example.org Head of Chancery: email@example.com Social media Facebook: https://www.facebook.com/indiainnewyork/ Instagram: https://www.instagram.com/indiainnewyork/ Twitter: https://twitter.com/IndiainNewYork 03. Indian Consulate, Chicago Google ratings: 3.3 Website: https://www.cgichicago.gov.in/ Address: 455 North Cityfront Plaza Drive, Suite 850, NBC Tower Building, Chicago, IL 60611 Consular Jurisdiction: Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, North Dakota, South Dakota, and Wisconsin Miscellaneous form: NORI Phone General: (312) 595-0405 & (312) 595-0406 Passport: (800) 320-9625 OCI: (800) 320-9693 Fax: (312) 595-0417 & (312) 595-0418 Email Visa: firstname.lastname@example.org OCI: email@example.com Passport: firstname.lastname@example.org Miscellaneous: email@example.com Social media Facebook: https://www.facebook.com/IndiaInChicago Twitter: https://twitter.com/IndiainChicago Instagram: https://www.instagram.com/cgichicago/ 04. Indian Consulate, Atlanta Google ratings: 4.3 Website: https://www.indiainatlanta.gov.in/ Address: 5549 Glenridge Drive NE, Atlanta, GA 30342 Consular Jurisdiction: Alabama, Florida, Georgia, Mississippi, Puerto Rico, South Carolina, Tennessee, and US Virgin Islands. Miscellaneous form: NORI Phone General: (404) 996-6228 Passport: (404) 996-6230 Visa: (404) 963-5902 OCI: (404) 963-7742 Miscellaneous: (404) 963-5902 Emergency: (404) 910-7919 Fax: (678) 935-7054 & (678) 905-9591 The emergency number is specifically designated for Indian citizens who require urgent assistance during an emergency and should not be used for regular consular inquiries. Email Consular services: firstname.lastname@example.org Visa: email@example.com OCI: firstname.lastname@example.org Passport: email@example.com Miscellaneous: firstname.lastname@example.org Consular grievances: email@example.com Social media Facebook: https://www.facebook.com/ConsulateGeneralofIndiaAtlantaUSA/ Twitter: https://twitter.com/cgi_atlanta 05. Indian Consulate, Houston Google rating: 3.3 Website: www.cgihouston.gov.in Address: 4300 Scotland Street, Houston, TX 77007 Consular Jurisdiction: Arkansas, Kansas, Louisiana, Oklahoma, Texas, New Mexico, Colorado, and Nebraska Miscellaneous form: NORI Phone General: (713) 626-2148 Emergency: (713) 626-2149 Fax: (713) 627-2034 & (713) 626-2450 Email Email address: firstname.lastname@example.org Social media Facebook: https://www.facebook.com/IndiainHouston/ Twitter: https://twitter.com/cgihou Youtube: https://www.youtube.com/@ConsulateGeneralofIndiaHouston 06. Indian Consulate, San Francisco Google rating: 2.5 Website: www.cgisf.gov.in Address: 540 Arguello Boulevard, San Francisco, CA 94118 Consular Jurisdiction: Alaska, Arizona, California, Guam, Hawaii, Idaho, Montana, Nevada, Oregon, Utah, Washington, Wyoming Miscellaneous form: NORI Phone General: (415) 668-0662 & (415) 668-0683 Passport: (800) 320-9625 Visa: (415) 939-2286 OCI: (800) 320-9693 FAX: (415) 668-9764 and (415) 668-2073 Emergency: (415) 483-6629 The designated emergency number is intended exclusively for Indian citizens in urgent need of emergency assistance and should not be utilized for regular consular inquiries. You can call, text or even whatsapp. Email Consul General: email@example.com Deputy Consul General: firstname.lastname@example.org Head of Chancery: email@example.com Vice Consul: firstname.lastname@example.org Visa, Passport, OCI & Misc services: email@example.com Consular OCI issues: firstname.lastname@example.org Please note these details might change in the future so it's always a good idea to double-check the details on CGI's official websites mentioned above. If you have some contact detail that you have used in past and you think might help others, please share them in the comments section below. Related Posts ✔ Go to Main Menu ✔ Indian Passport Renewal in the USA (Checklist) ✔ How to apply for B1/B2 visa for parents? ✔ How to apply for an OCI card in the USA for a minor? Related Topics
- Average Severance Package for VP, Managers, Executives, and Directors with 10-20 years of Experience
Several people asked about what is the normal, average, or typical severance package (or pay) at manager level, or director level, or VP, or executive levels, or even for individual contributors like software engineers if they are laid off? I personally know people who got laid off from the firms like Google, Amazon & Microsoft and I thought sharing this experience might help others to understand the typical severance package even better. Note that I am not a lawyer, and I just requested Dataneb to publish this content so that others can find it useful. Factors that decide Severance Package It's a very broad topic when it comes to calculating someone's severance package. It depends upon several factors and it would vary from case to case depending upon several factors like the level of seniority, years of service in the industry, firm size, your contract, company policies, job performance, and even some extent to negotiation. Employee's years of service and seniority: The longer an employee has worked for the company, the more severance pay they may receive as recognition of their loyalty and contribution. Industry: Different industries have different standards for severance pay, and some may offer more generous packages than others. Company size: Larger companies may have more resources to offer larger severance packages, while smaller companies may not have as much financial flexibility. Terms of the employment contract or company policy: Some employment contracts or company policies may outline specific severance pay, while others may leave it up to negotiation or offer none at all. Reason for termination: The reason for termination can impact the amount of severance pay offered. For example, employees who are laid off due to company restructuring may receive more significant severance pay than those who are terminated for poor job performance. Employee's job performance: An employee's job performance can impact the amount of severance pay offered. Those who perform well may be offered a more generous package than those who do not. Potential legal disputes or litigation: Employers may offer a more substantial severance package to avoid potential legal disputes or litigation related to the employee's termination. Market conditions in the industry: The market conditions in the industry can impact the amount of severance pay offered, as companies may need to offer more to attract or retain talent. Negotiation between employer and employee: Severance packages can often be negotiable, and both the employer and employee may need to compromise to reach an agreement that is satisfactory to both parties. Severance Package Examples 01. Meta Severance Package In Nov 2022, Facebook/ Meta laid off approximately 11,000 employees which constituted 13% of their workforce. Meta severance package included: Severance. We will pay 16 weeks of base pay plus two additional weeks for every year of service, with no cap. PTO. We’ll pay for all remaining PTO time. RSU vesting. Everyone impacted will receive their November 15, 2022 vesting. Health insurance. We’ll cover the cost of healthcare for people and their families for six months. Career Services. We’ll provide three months of career support with an external vendor, including early access to unpublished job leads. Immigration support. I know this is especially difficult if you’re here on a visa. There’s a notice period before termination and some visa grace periods, which means everyone will have time to make plans and work through their immigration status. We have dedicated immigration specialists to help guide you based on what you and your family need. 02. Uber Technologies Inc. In 2019, Uber Technologies Inc. offered a severance package to about 400 of its marketing employees as part of a company-wide restructuring effort. The package included: Severance A minimum of 10 weeks of severance pay based on the employee's tenure at the company. Payment for accrued but unused vacation time and sick time. Continued healthcare coverage for a period of time, with the option to continue healthcare coverage at the employee's own expense after that. Outplacement services to help employees find new jobs. Uber's severance package was relatively generous compared to some other companies' packages, especially given the company's size and financial situation at the time. 03. Verizon Severance Package In 2018, Verizon announced plans to offer a voluntary severance package to about 44,000 employees as part of a cost-cutting effort. The package included: Up to 60 weeks of pay based on the employee's years of service and salary level. Payment for accrued but unused vacation time. The employee will be provided with healthcare coverage for a certain duration and will have the choice to continue the coverage at their own cost beyond that period. Outplacement services to help employees find new jobs. It's important to note that severance packages can vary widely depending on the specific circumstances of each employee's departure and the company's financial situation. These examples are provided as general illustrations of what severance packages may include. 04. Google Severance Package In Jan 2023, Google announced that it would be laying off 12,000 employees roughly 12% of its workforce in the US. Google offered severance packages that Severance: We will pay employees during the full notification period (minimum 60 days). Vesting: We will also offer a severance package starting at 16 weeks' salary plus 2 weeks for every additional year at Google, and accelerate at least 16 weeks of GSU (Google Stock Units) vesting. PTO: We will pay 2022 bonuses and the remaining vacation time. Health Insurance & Immigration Support: We will be offering 6 months of healthcare, job placement services, and immigration support for those affected. Outside the US, we will support employees in line with local practices. Components of Severance Packages These are some common elements that might constitute a severance package, but not necessarily all of them. Severance Payment: A lump-sum payment based on the employee's tenure at the company. Number of years employed with the company X 2 weeks of regular pay = Severance pay total, for example: If your salary is $100,000 per year, that is roughly $3,846 for two weeks. If you have been at the company for 10 years, your severance pay would be $38,460 ($3,846 X 10 years). Assuming there is no cap mentioned in the severance package offer. Continued salary or pay period: Payment of a percentage of the employee's salary for a certain period of time. This helps certain visa holders like H1B to prepare for finding a new job as the USCIS grace period is only 60 days. Read more. For example, In Jan 2023, Google continued paying for a couple of months. So if the employee was terminated in Jan, he/she was still on payroll until Mar 2023. Healthcare benefits: Continued healthcare coverage for a period of time or a lump-sum payment to help cover the cost of COBRA or other health insurance. Retirement benefits: Payment of a lump-sum amount or continuation of certain retirement benefits. Stock vesting: Acceleration of vesting or other treatment of stock options or equity awards. Immigration/outplacement services: Assistance with job search, resume writing, and interview preparation. Other benefits: Payment for accrued but unused vacation time, a company car or cell phone, or other benefits that the employee may have received as part of their employment. Conclusion Hopefully, people find this article helpful in understanding what constitutes a severance package and what can they expect. If you know someone who was impacted due to current market conditions, please feel free to write in the comments section below and that might help others to negotiate or even construct a better severance agreement with their new employer.
- Can I file I-765 Online for H4 EAD, L2 EAD, J2 EAD, or F1 OPT and STEM OPT
I was very excited to begin work and gain some work experience in the United States. However, I soon discovered that I needed to apply for an Employment Authorization Document (EAD) card in order to work in the United States. This is when I discovered the online I-765 application form. Whether you are an H-4, L-2, F1, or J-2 visa holder, you would need to get an EAD to legally work in the United States. Initially, I felt the idea of filling out the I-765 form online to be overwhelming, especially since I had never gone through the online process before, but honestly speaking it's a very simple process. Please note all the visa categories are not eligible for the online I-765 filing. I am sharing my experience so that others can also find this helpful. Whenever I googled who can file the I-765 form online, search results kept showing me that all the categories are eligible for online filing which was very confusing as it kept showing me the I-765 process by mail thus I thought to write this article for I-765 online process. Related post: How to apply for J2 EAD ? I-765 Form Online These are the high-level steps you would need to file the I-765 form online. Once you create your account and select the I-765 form, the USCIS website will automatically guide you through each step in detail. 01. Create an account with USCIS 02. Go to myUSCIS > My Account > File a form online 03. Select form I-765, Application for Employment Authorization from the drop-down menu 04. Before you start filling out the I-765 form online Check your eligibility for the online I-765 form: There are very limited categories that are currently eligible for online I-765 applications. I have listed them in the next section. I filed under an F-1 visa. The filing fee is $410 which you need to pay online. Supporting documents required: I-94, passport, visa copy, color 2 by 2 passport-style photograph, etc. Biometric requirement: USCIS may require that you appear for an interview or provide biometrics (fingerprints, photograph, and/or signature) to verify your identity. 05. Now, fill I-765 form online The online I-765 form is no different from the physical form. It asks you for the same set of information. However, you can save your progress and resume it anytime. Do not submit duplicate applications i.e. one via physical mail and another online, in this case, your application might get denied. The form is saved for 30 days. Complete the form and hit the button "review and submit". 06. After you submit your I-765 online application You can track your case online with the case number generated. Respond to RFE (Request for Further Evidence): You can do this online by submitting the necessary documents. No need to send it via physical mail. Receive your decision from USCIS. Who can File I-765 Online? As of Feb 2023, only the following I-765 categories are eligible to apply for an EAD through the I-765 online application process. You will find the list when you start filling out the I-765 application. (a)(12) – Temporary Protected Status (You are submitting an initial Form I-821 or you have an approved Form I-821); (c)(3)(A) – F-1 student, pre-completion OPT; (c)(3)(B) – F-1 student, post-completion OPT; (c)(3)(C) – F-1 student, 24-month extension for STEM students (students holding a degree in science, technology, engineering, or mathematics); (c)(8) – Applicants for Asylum under the ABC Settlement Agreement; (c)(8) – Application for Employment Authorization Based on Pending Form I-589, Application for Asylum or for Withholding of Removal; (c)(11) – Parole; (c)(19) – Temporary Protected Status (You have a pending Form I-821); or (c)(33) – Consideration of Deferred Action for Childhood Arrivals (DACA) (You must have a pending or approved Form I-821D in order to file Form I-765). It's important to keep in mind that it's best to refer to the USCIS website for the latest information. USCIS might add new categories in the future who can file online. You can refer to this USCIS link for the latest information. Note that the following I-765 categories are not eligible for filing I-765 online as of Feb 2023. However, they can file on paper. (a)(18) – Spouse of L1 visa holder (c)(26) – Spouse of H1-B visa holder with approved I-140 (c)(5) – J-2 spouse or child of J-1 exchange visitor I-765 Online Filing Fee The filing fee for the I-765 form, Application for Employment Authorization is $410. It's not required for some of the categories though. You might be even eligible to request a fee waiver. Check it out here. Once you complete the I-765 form online, you would need to digitally sign your application. Then, you would need to pay the filing fee of $410. Online payment options include a credit card, debit card, or payment from a checking/savings account. After clicking "Pay and submit," you will be directed to pay.gov to complete the payment. Note that the USCIS filing fee is non-refundable. Do not click the Back or Refresh button on your browser. If you are not ready to proceed with the payment, click the Cancel button to return to the USCIS online portal. I-765 Processing Time The processing time for an I-765 application can vary depending on a number of factors, including the category under which you have applied, the USCIS service center (California, Potomac, Vermont, National Benefits Center, Nebraska & Texas) where your application was sent, and any processing delays or issues that may arise during the review process. In general, USCIS provides an estimated processing time range for I-765 applications on its website, which is regularly updated. You can find processing time here. It's the same whether you apply online or via mail. However, the estimated processing time range for I-765 applications as of Feb 2023 is as follows: For F-1 students: 2 months (shown below as of Feb 2023) For spouses of H-1B visa holders: 5.5 to 10 months For spouses of L-1 visa holders: 8 to 10 months For adjustment of status applicants: 10 to 21 months I-765 Premium Processing I-765 premium processing is a benefit offered by the USCIS that allows us to expedite the processing of the I-765 form. By paying an additional fee of $1500, USCIS guarantees that they will process the I-765 form within 45 calendar days from the date they receive the request for premium processing. If USCIS fails to meet this deadline, they will refund the premium processing fee and still process the application in an expedited manner. This fee must be paid separately from the standard filing fee, and it is non-refundable, regardless of the outcome of the application. It's important to note that not all categories of I-765 applicants are eligible for premium processing. Starting March 2023, premium processing will be applicable for F-1 OPT & STEM OPT. Refer to this USCIS link for more details. You can also refer to the I-907 form which is used to request premium processing. I-765 EAD Renewal The I-765 online form can be used for both initial and renewal applications for an Employment Authorization Document (EAD). In order to renew an EAD, you must file a new I-765 form before your current EAD expires. The renewal process for an EAD is similar to the initial application process. USCIS recommends that applicants submit their renewal application at least 180 days before their current EAD expires to avoid a gap in their employment authorization. However, it's important to note that an applicant cannot file for renewal more than 180 days before their current EAD expires. Steps to File I-765 Form Online Here are the steps to file Form I-765 online: Step 1: Create an online account with USCIS. To file Form I-765 online, you will need to create an account with the USCIS. You can create an account by clicking this USCIS link. Step 2: Complete form I-765. You will be prompted to answer a series of questions and provide details about your personal background, your eligibility for employment authorization, and your current immigration status. Step 3: Upload supporting documents. Step 4: Pay the application fee. To file Form I-765 online, you will need to pay the application fee using a credit card or debit card. The current fee for Form I-765 is $410, although this amount may be subject to change. Step 5: Submit your application. After you have completed Form I-765, uploaded your supporting documents, and paid the application fee, you will need to review your application and submit it online. USCIS will send you a confirmation receipt once they receive your application. Step 6: Wait for USCIS to process your application. Thank you, I hope you find this blog helpful. Please comment if you have any questions and I would be happy to help. Related Posts ✔ Go to Main Menu ✔ How to apply for J2 EAD ✔ Indian Passport Renewal ✔ How to apply for an OCI card Related Topics
- H1B to J2 Change of Status - Processing Time and Documents Required
Change of status from an H1B to a J2 visa is a very rare case, usually, it's the opposite, people on J visas try to get an H1B visa. But there are scenarios when you might need to change your visa status from H1B to J2 dependent and it could be due to multiple factors. One of the common reasons could be the loss of a job on H1B and you want to switch to a spouse's J1 dependent visa so that you don't need to leave the United States, and after you file a change of status, you can get J2 EAD and start working again. It's very important to maintain a valid job status on H1B otherwise you get out of status. There is a grace period of 60 days before you get out of status though. So if you lose your job on H1B due to some reason, you would need to find another job and get back on the payroll within 60 days period. I was on an H1B visa and I want to share my experience with H1B to J2 visa change of status. No one wants to lose their H1B status but sometimes you have no other option. I had completed roughly 4.5 years on H1B and due to some reason, I had to quit my job. Luckily, my wife was working on a J1 visa and I had the option to change my status to J2 dependent. In this blog, I will share what steps I took and you might find this useful. J1/J2 visa 2-year rule J visas are valid for up to 5 years. Additionally, J visas are subjected to 2 year home residency rule so after you complete 5 years on a J visa you have two options. The first option is that you go back to your home country and serve for 2 years, the second option is that you can request a waiver and continue living in the United States by switching to another visa or academic H1B or by applying for a green card. Related post: How to change from J1 visa to H1B As I moved from H1B to a J2 visa - I got subjected to 2 year home residency rule. So if you are planning to change your status to J2 dependent, keep in mind that you will get subjected to 2 year home residency rule. It's not the end of the world though, you can always get a waiver but it's a lengthy and time-consuming process, and sometimes it gets denied as well. Related post: How to apply for a J visa waiver The good part is that J2 visa holders automatically get a waiver when the primary J1 visa holder gets a waiver so you don't need to apply for it separately. Also, J1 visa holders anyway have to get a waiver. H1B to J2 visa Transfer Options There are two options to file a change of status from H1B to J2 dependent depending upon whether you want to travel back to your home country or not. Option 01 The first way, faster way is to travel back to your home country, apply for J2 dependent visa, get your visa stamped, and travel back to the US. This could take a couple of months depending on how soon you get the interview dates. After coming back you can apply for J2 EAD which could take 3 months to 7 months depending upon which service center your application is processed. You can find the USCIS processing times here. One thing to note is that you can apply for J2 EAD only after coming back to the US, this can not be done from India or from your home country along with the J2 visa application. Option 02 The second way, the slower way is to apply for a change of status (form I-539) while living in the US and once your change of status is approved, then you can apply for J2 EAD. In my case, I went through this option as I had to support my family in the US. This end-to-end process took me 10 months. 7 months to get a change of status approved and 3 months to get J2 EAD. This also depends upon which service center is processing your I-539 form, you can find processing time on the USCIS website here. You get J2 EAD for a year and you can extend it every year, it's a very easy process. The good news is that you don't need any sponsorship on J2 EAD, unlike H1B. You can work anywhere, without any restrictions. Related post: How to apply for J2 EAD H1B to J2 Change of Status On a high level, you will end up following these steps. I did all the steps myself, with no involvement of a lawyer, and it's a very easy process but time-consuming. If you are planning to stay in the US then, Obtain a DS-2019 Form: The university or sponsor of the J1 visa holder will provide you with a DS-2019 form, which you need to file the change of status. Fill Form I-539: If you are planning to file a change of status while living in the US (Option 02 mentioned above) then you would need to fill out the I-539 form (Application to Extend/Change Nonimmigrant Status), pay the fees, and submit the form. This form is available on the USCIS website. Include Supporting Documents: You will need to provide supporting documents along with the I-539 form. I have mentioned the list of documents in the next section. Receive Approval: Once all the documents are ready, you need to post them to USCIS. You can find the mailing address on the USCIS website here. Once approved you will find updated I-94 details on the approval notice. File for J2 EAD: You can find all the steps to file J2 EAD in this blog. If you are planning to visit your home country (option 01 mentioned above), then you would need to obtain DS-2019 and fill DS-160 form like how you get B1/B2 visa, it's a similar process. The university would issue you the J2 dependent DS2019 form Fill DS-160 form Make payment and book the interview dates Get passport stamped Travel back and apply for J2 EAD Documents Required for Filing H1B to J2 Change of Status If you are planning to file it while staying in the US, then you would need the following documents. I included all of these documents and a few of them might not be even required by USCIS. But I wanted to make sure there is no document missing and thus I included all of the following. Cover letter Completed I-539 Form Copy of DS2019 (J1 & J2 both) J1's latest pay stubs (3 months) Latest I-94 form (J1 & J2 both) Copy of H1B Approval Notices Copy of all pages Passport and Visa (J1 & J2 both) Marriage Certificate (for evidence of the relationship) Marriage pics H1B to J2 Processing Time The change of status process might take any time between 3 to 10 months depending upon which service center is processing your I-539 request and what's their processing time currently. Or, if you are planning to visit your home country then it will be definitely faster depending on your biometrics and interview appointment date. If you see these dates are available, definitely traveling back to your home country is a better option. On top, if you are applying for J2 EAD that might take another 2.5 to 7 months. Again it depends upon I-765 processing time at various service centers. I hope you find this blog helpful, please comment if you have any questions and I would be happy to help. FAQs Does H1B 6-year period still apply to me after the J2 change of status? No, once you change your status to a J2 visa, 6 year H1B max period does not apply to you. But the J visa 2-year home residency rule does apply. Can I work on a J2 visa? Yes, you can work on a J2 visa after receiving J2 EAD. You don't need any sponsorship like H1B. You can work part-time, full-time, or any number of hours similar to other EADs. How to apply for a J2 waiver? You don't need to apply for a waiver separately. The J1 waiver will cover J2 visa holders as well. Can I travel outside the US on a J2 visa? Yes, you can travel outside the United States on a J2 visa as far as you have a valid visa, otherwise, you will need stamping. Related Posts ✔ Go to Main Menu ✔ How long can I stay after my J1 visa expires? ✔ How to apply for J2 EAD ✔ Indian Passport Renewal Related Topics
- H1B Grace Period after Layoffs - Approved I-140, Severance Pay
If H1B or L1 visa holders are laid off, fired, or terminated from their job, either voluntarily or involuntarily or due to massive job cuts, USCIS immigration policy allows a consecutive 60 calender days grace period, presuming that you have a valid I-94 document. There are several if's and but's when it comes to finding a loophole in this situation as no one wants to leave the country. But the formula is simple, the H1B maximum grace period is 60 days, and it starts the day after termination of employment, which is typically determined based on the last day for which a salary or wage is paid. The severance scenario might vary a little though which we will discuss in detail shortly. Do not trust anyone if someone is giving you any dissimilar information, except a lawyer (or the USCIS website itself) whom you can trust. Remember that you can always look for a sponsor from your home country and come back anytime, instead of jeopardizing your whole situation. Going back to your home country is not the end of the world. As of March 10, 2023, USCIS update: Options for nonimmigrants workers following termination of employment According to U.S. immigration law, H1B workers are permitted a 60-day grace period after the termination of their employment to either find a new job and transfer their H1B visa to the new employer, or you can file a change of status to H4, L2, B1/B2, or F1 visa, the situation would vary case to case, or depart to your home country. A few of my close friends who are on H1B and L1 visas have personally gone through this situation hence sharing this experience with everyone. Please note that I am not a lawyer and my suggestion is purely based on people I know, friends, and colleagues. I see several discussions on social platforms discussing the H1B grace period due to the COVID situation or due to massive job cuts including both types of people who have either pending or approved I-140. In any scenario, maintaining H1B status should be your foremost priority, and do not listen to rumors or people who try to sell you something digitally via Tweets or posts, or some news that is not announced by USCIS. I am sharing what I have seen so far, hopefully, you all find this blog helpful. 01. What If I-94 expires first? If your I-94 is expiring soon, that means your permitted stay in the United States is about to come to an end and if your I-94 document is expiring within those 60 days' grace period, then the I-94 end date will be considered as your last day in the United States and not the 60 days grace period, in short, whichever comes first either I-94 expiry date or 60 days grace period end date will be considered your last day. Basically, you should have a valid I-94 status even during 60 days grace period. I-94 defines your maximum permitted length of stay in the US. Example: If you are fired and you have an I-94 expiring within the next 60 days then you are not allowed to have 60 days of the grace period. Before the I-94 expiry date if you can not find a new employer then you have to travel back to your home country or file a change of status, using the I-539 form. The same grace period applies to H1B dependents as well. 02. What happens to H4 EAD? H4 EAD can work during the H1B grace period but if the primary H1B visa holder can not find a new job or sponsor within the 60 days grace period then H4 EAD can not work as H4 EAD is valid only when the H1B visa holder maintains a valid H1B status. After 60 days of the grace period, the H1B visa holder goes "out of status", thus H4 dependents as well. Related post: How to apply for H4 EAD? 03. USCIS 60-day rule Before Jan 2017, there was no such grace period for H1B and L1 visa holders. So during that time if you lose your job then you had no other option but to travel back to your home country within 10 calendar days. But later USCIS announced 60 days grace period if certain non-immigrant visas holders like H1B, or L1 lose their job due to layoffs or job cuts, or any other unforeseen reasons before the actual petition ends. This 60-day stay helps H1B visa holders to look for a new job. This grace period is not valid if your petition is already coming to an end. According to USCIS: Regulations permit a discretionary grace period that allows workers in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, or TN classifications (and their dependents) to be considered as having maintained status following the cessation of employment for up to 60 consecutive calendar days or until the end of the authorized validity period, whichever is shorter (See 8 CFR 214.1(l)(2)). Read more. 04. H1B Grace Period Carryover 60 days H1B grace period does not carry forward which means if you are using the grace period now then you will not have any grace period left on the present petition whether you use the complete 60 days or a portion of it. Usually, this never happens, in most cases either individuals find a new employer within the grace period or travel back to their home country. This case would happen, for example, when you join back the same employer who was firing you within the grace period, and for some reason, they decided to fire you again. Very rare but you never know. If your new employer files an H1B transfer and gets your petition approved then you get another 60-day grace period on your new petition. 05. H1B Grace Period with Severance Pay In a few states, companies provide severance packages but it's not mandatory in all states. In California, it's mandatory to give 60 days advance written notice in case of mass layoffs and terminations. You can refer to the Department of Labor WARN Act here. However, there is no such hard rule for employers to provide a severance package to an employee upon the termination of employment. You can refer to the Department of Labor Severance Pay details here. Most of the bay area giants like Google, Microsoft, Amazon, etc provided a 60-day notification period, or sometimes even more during recent year layoffs. Read more here. The notification period is considered separate from the H1B grace period. Read the following sample FAQ from USCIS. So, it totally depends upon your employer what severance package they provide to you, and most importantly, on paper, which date is considered as your last day of employment. Related post: See what is the average severance package for VP, executives, managers, and directors with 10 to 20 years of experience According to USCIS, after the end of your employment which is your last day at work, your 60-day grace period starts. So let's say you are notified on Jan 31st, 2023 and you are getting a severance package till March 31st, 2023, your employment end date will be considered as March 31st, 2023 and you get another 60 days which will be your H1B grace period. Instead of presuming your last date of employment, it's recommended to talk to your employer and clarify what will be your employment end date, and whether there will be an additional H1B 60-day grace period on top of it. So depending upon your severance package offer, you might or might not qualify for additional 60 days grace period. Like following example with Google's severance package which consisted of 60 days of notification period with pay, so there you got additional 60 days. You will have 120 days to prepare and find for a new job. Again your foremost priority should be maintaining a valid H1B status, so do not take any decision until you are fully assured. Remember that you can always travel back to your home country and travel back again once you find a sponsor. That is a much safer bet. Also, there is no specific definition for a severance package, it totally depends upon the offer letter agreement between you and the employer which you signed before joining. It would be smart to get severance terms and conditions added before you sign any offer letter. Google severance package example In the US, Google laid off 12K employees in Jan 2023 and this is the severance package Google offered: We will pay employees during the full notification period (minimum 60 days). We will also offer a severance package starting at 16 weeks' salary plus 2 weeks for every additional year at Google, and accelerate at least 16 weeks of GSU (Google Stock Units) vesting. We will pay 2022 bonuses and the remaining vacation time. We will be offering 6 months of healthcare, job placement services, and immigration support for those affected. Outside the US, we will support employees in line with local practices. With Google's severance package, Google offered 60 days (minimum) notification period, so you are on the payroll for the next 2 months which was until March 31, 2023, and USCIS 60 days grace period will start after the last working day. So you would have enough time (120 days) to look for a new job in this case. Related post: See how is severance pay is calculated 06. H1B Grace Period with an Approved I-140 In short, there is no major difference, it's still 60 day grace period according to USCIS rule but there is some benefit if your petition is approved over 180 days. Not in the grace period though that still depends upon the severance package offer discussed above. In either case, you have to find a new employer within 60 days starting from the last day of your employment. A. I-140 is Pending In this case, you are in the same boat as a normal H1B visa individual. If you don't have much time left on H1B (6 years maximum period) then you have to go through the whole process again, starting from the H1B lottery. If you still have a few years left on H1B then you can find a new job within 60 days grace period, or file a change of status, if not, go back to your home country and find a new job and get the petition approved, and come back again. Make sure you get the I-140 initiated by your new employer so that you can extend your H1B beyond 6 years. B. I-140 is Approved but < 180 days If your I-140 petition is approved for less than 180 days, technically, your employer has still the right to revoke your approved I-140, that's the reason H1B visa holders find it safe to switch jobs after 6 months of I-140 approval. If your employer is withdrawing the I-140, you will get 60 calendar days which USCIS offers to find a new employer, or, you may have to travel back to your home country. When you find a new employer, they will have to file your petition again and you can join as soon as you have the receipt number. Your new employer will have to file your I-140 again as the old I-140 was withdrawn before 180 days period. But usually, employers do not revoke the I-140 so you still get 60 calendar days to find a new employer. It's recommended to talk to your employer/or a lawyer in this case. C. I-140 is Approved and > 180 days If an I-140 petition has been approved for more than 180 days, then your employer can not revoke your I-140. In this case, you can extend your H1B visa unlimited times, extended for 3 years each time. You will be exempt from the H1B lottery. You would still need to find a new employer within the grace period of 60 days. Your priority date remains the same as your I-140 but you will need an updated I-140 with your new employer when the priority date comes closer and you have to file an adjustment of status, form I-485. 07. Options after H1B, L1 Layoffs This could vary from case to case but these are options in the best order. If you are laid off either you have to find a new job, change your status or go back to your home country. Start looking for a new employer. If you find a new employer within 60 days, you can start work on the receipt number. If not, you can always fly back to your home country and look for a new sponsor from there. If you do not go back to India, then you need to file a change of status. If you have the option to file H4, J2, or L2 dependent visas, go for this option. H4, J2, and L2 dependent visas are stronger cases than B1/B2 or F1 visas. If not, file a change of status to a B1/B2 tourist visa. But think about option 3, or option 8, instead of staying in the United States and wasting all your savings. Switching to B1/B2 tourist visa would buy you 6+ months minimum. So after you apply you won't accrue unlawful status. Find a new job and file a change of status back to H1-B. Go for higher studies and file a change of status to an F1 visa. Remember that going back to your home country is always recommended if you can't find a new job in 60 days. Again, please note I am not a lawyer and I am sharing this based on my personal experience. Related post: How to file B1/B2 tourist visa? 08. I-140 EAD under Compelling Circumstances It's very tough to say what USCIS considers as "compelling circumstances", you can find more details about it here. You may be eligible to file EAD, form I-765, under compelling circumstances within the grace period of 60 days. According to USCIS: Examples of compelling circumstances that may be considered for an Employment Authorization Document (EAD) include but are not limited to: Unexpected illness or medical condition of the primary applicant or a close family member Natural disasters, such as a hurricane, earthquake, or flood that significantly disrupts a business Significant disruption to the employer, going bankrupt, or a similar situation Unexpected harm or violence in the home country, making it unsafe for the applicant to return 09. H1-B Grace Period 180 Days Extension USCIS As of March 10, 2023, according to USCIS latest update on options for non-immigrant workers following termination of employment grace period is still 60 days. There are several people claiming it has been extended to 180 days but it's not the case yet. You can read the USCIS update as of March 10, 2023, in more detail here. There might be a possibility that USCIS extends this grace period for impacted employees due to lay-offs in the near future, but we don't know yet. If there is some extension, USCIS will definitely post it on its website. FAQs Can I travel during the grace period? Yes, you can travel during the grace period but you would need another immigration status to re-enter the United States. So it's not recommended to travel during the grace period. When does the H1B grace period start? The start date for the H1B grace period is typically determined based on the last day for which a salary or wage is paid whether you leave the job voluntarily or involuntarily. How does the severance pay affect the H1B grace period? You get 60 days grace period from the date of termination of employment. It's recommended to check with your employer what is your official employment end date and you may count 60 calendar days from there. If your severance package offers you an extra notification period, that's a bonus for you. When can I start working on the grace period? As soon as your new petition is filed by your new employer and you have your receipt number, you can start work for the new employer. You don't need to wait for the final approval to start work. How to request H1B 60 days grace period? Automatically, you get 60 calendar days grace period by USCIS and you don't need to apply for it. But when you file a change of status or file a petition you need to mention this in your cover letter. Read the sample FAQ from the USCIS website. Next: Severance package Related Posts ✔ Go to Main Menu ✔ How long can I stay after my J1 visa expires? ✔ Indian Passport Renewal Related Topics
- Do Green Card holders need Visa for Canada?
No visa is required to travel to Canada if you are a US citizen or a green card holder (permanent resident). If you are planning to visit Canada you must carry the following documents. A valid passport from your home country, or a US passport if you are a US citizen A valid green card if you are a permanent resident US green card holders are considered permanent residents and they can travel to Canada without a visa. Traveling to Canada via land, sea, or flight? Traveling to Canada by driving is relatively easier than a flight if you are a green card holder. The unique relationship between Canada and US has led to special immigration treatment for Canadian and US citizens, and permanent residents. Related post: How to apply for B1/B2 visa for parents? You still need to carry a valid travel document like a passport from your home country and a green card if you are not a US citizen. Green card holders can not have US passports. Once you get US citizenship you can just travel with a US passport. You don't need a travel visa to cross the border. Electronic Travel Authorization (eTA) If you want to travel by air, then you would need one additional document which is Electronic Travel Authorization (eTA). You can file it online from the following link. Canada immigration: Electronic Travel Authorization How long can you stay in Canada? You can stay up to 6 months and if needed you can further request an extension. You can not work or study in Canada during this stay. How to get an eTA? eTA is like a travel visa which you can apply for online. It's pretty simple to get. You just need your valid passport, and a valid email address and you need to pay a minimal fee of $7 (Canadian dollars). You can pay via debit or credit card, there are plenty of options. Canada immigration: Online eTA application This fee might change in the future but as of today, it's just this amount. Once you get eTA it's valid for a maximum of 5 years or if your passport has early expiry then the passport expiry date whichever comes first. Make sure you fill in the passport number correctly while filling out the form. After getting the eTA cross check your passport number on the eTA. If it's incorrect then reapply otherwise you will not be allowed to board a Canadian flight. It's always better to check these details in advance instead of just before boarding the flight. Non-US Citizens and GC holders If you are neither a US citizen nor a green card holder like H1B, L, J, M, etc.. type visa holder then you would need a visa to travel to Canada. To work and study you would further need a different type of visa. Related Posts ✔ Go to Main Menu ✔ Indian Passport Renewal ✔ How to apply for an OCI card Related Topics
- How to find a Postdoc Position in US? Facts which would help you.
Searching for a postdoctoral position in the USA, here I would like to share how I end up finding a postdoc position at the University of California, US. There are several ways you can get the opportunity to find a postdoc position in the USA. Before my postdoc, I completed my Ph. D. in a foreign country. 01. Searching for a Postdoc Position One of the most commonly used methods is to look at the university's websites you are interested in. For example, if you are interested in UCSD (University of California, San Diego) you can directly go to the UCSD website and look for research positions. Another way to do it is through job portals like ScienceCarrer, NatureCareers, etc. where you can see the postdoctoral job listings and you can just follow the instructions. Sometimes not all the jobs are advertised on the job websites. Some professors have their own lab websites and they show the job listing on those websites so you need to look there as well. You can also find some job postings on the universities/institutes' websites. So it would be best if you did your homework like which universities/ labs you are interested in, look for their job listings frequently, and then apply. When I applied for my first postdoc, the job was posted on the institute's website where I found the professor's email address, they asked me to send my resume/CV to the professor. I was really interested in the ongoing projects in the lab and hence I decided to apply. However, there are some other ways too people can apply for their own funding with one of the professors in the US and then can come if the funding is granted, sometimes two international professors have collaborations and you can get a chance to come to the US. So there are several ways you can go through but I am sharing the easiest way and what I have done. 02. Postdoc Interview Process In most cases when applying for a postdoc position in the US, you will be asked to email your CV to the professor directly. So you need to write a cover letter, attach your CV, and email it to the PI. If they are interested in you they will schedule an interview date. During this interview, they may ask you to present your Ph.D./previous postdoc work. Sometimes there might be one on one interviews (with a professor) and then you will be asked to present your previous work to the lab or sometimes it's a direct presentation to all the lab members. This totally depends on the professor. If your interview went well and the professor is willing to hire you most likely you will get an email from HR and then the process of your hiring will be initiated. Briefly, you will get an offer letter to sign, DS2019, Pay the SEVIS fee, fill out DS-160, book an interview/biometric date and get the visa, etc. SEVIS fee amount might change in the future, refer to the USCIS website for the latest updates. 03. Average Postdoc Salary The average postdoc salary in the US is $60,000 per year. Entry level can start as low as $47,000 and it could go up to $79,000 per year. It also varies from university to university and even in different states in the US. You can find the salary scale on the universities website. For example, the University of California, Riverside salary scale looks like the following. You also get other benefits like health insurance for your family, housing, daycare facilities for kids at reduced rates, etc. These benefits will vary for each university/institute. 04. Type of Visa for Postdoc in USA Most likely you will get a J1 visa and you will be subjected to 2 year home residency rule also called the 212e rule. I wrote a blog about the J1 visa, the 212e rule, and how to obtain a waiver from the 212e rule please refer links provided. However, I have seen sometimes they also sponsor an academic H1B instead J1 visa. So again that will depend on your university's/institute's international office. Please feel free to drop me a line in the comments section below and I would try to answer your queries. Next page >> Related Posts ✔ Go to Main Menu ✔ How to convert from a J1 visa to H1B? ✔ How to apply for J2 EAD? ✔ Indian Passport Renewal ✔ How to apply for an OCI card? Related Topics
- J1 Waiver Favorable Recommendation Next Step
I have shared my whole journey on how to apply for the 212e rule/ 2-year home residency/ J1 waiver here. J1 Waiver (Stage 1) J1 Waiver (Stage 2) J1 Waiver (Stage 3) A lot of us wonder what is the next step after one has received a Favorable recommendation from the Department of State (DOS), even though we think about what does favorable recommendation means. A favorable recommendation means that the DOS is in favor of granting you the waiver and your case will be transferred to U.S. Citizenship and Immigration Services (USCIS) and they will make the final decision on your case. You will be notified by the DOS that your case has been forwarded to USCIS by a letter that you will get through the mail. In my case, I received this letter very late like after 2 months and I was not even expecting it since I didn't know about it. Related Post: Do I need a lawyer to file a J1 waiver? Once your case is transferred to the USCIS, they will send you a notice of action (I-797c) in a few weeks. This notice will have a receipt number for your case and using this receipt number you can check the status of your case on the USCIS website: https://egov.uscis.gov/casestatus/landing.do It will take USICS a few weeks to months to make final action on your case, for me it was surprisingly fast my status changed to "case was approved" in 2-3 weeks. Once your case is approved the USCIS will send you an I-612, application to waiver form which is also called a waiver approval form. Now, I get a lot of questions from people asking what will happen to my J2 dependent. Do I need to file separate waivers for them? Related Post: Can I convert from a J1 visa to Green Card? The approval notice that you will get from USCIS will indicate that you or your dependent (J2 visa holder) are granted a waiver by the USCIS. So, you just need one waiver but if your spouse has his/her own J1 visa then they have to go through their own J1 waiver. Please keep in mind that once subjected are always subjected until you obtain a waiver or full fill the 2-year home residency rule. Happy to help anyone going through the process. Please drop your question in the comment section. Thank you! Next: J2 EAD Related Posts ✔ Go to Main Menu ✔ How long can I stay after my J1 visa expires ✔ J1 visa waiver application process ✔ How to convert from a J1 visa to H1B Related Topics
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