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US Immigration, Immigration to USA, Best US immigration forum, Rajiv S. Khanna, US Immigration lawyer, attorney
Updated: 3 hours 56 min ago

L1B to H1B and L1B to GC (Simultaneous with different employers)

Jan 25th 2015
My case is really simple. I am on L1B visa with Company A. Company A wishes to start GC process for me. On the other side, I am willing to file fresh H1B with Company B on 1st April 2015. I have following question:

1. I know that L1B to H1B (with different employers) is legal. But is it also legal to initiate/process GC for Company A and file H1B for Company B at the same time? (As H1 is non-immigrant visa and GC is immigrant visa application?). I am aware GC process will take quite longer...

L1B to H1B and L1B to GC (Simultaneous with different employers)

H1B filing by 2 employers

Jan 24th 2015
Can 2 employers apply for my H1B
1) My current employer is planning to apply for H1B this April. Since all H1B applications goes through a lottery, Is there a way to increase my chances of going through lottery system?
2) Can I get another consultancy to apply for my H1B too? Once I get the H1b, I can start to work for the company which got it approved? Will there be any legal complications in this?

Thanks.

Educational Evaluation help required

Jan 24th 2015
Hi,
I completed my Bachelor of Arts ( 3 Years from Kakaitya University, M.Sc in Information Technology (2 Years) from Vinayaka Mission University through correspondence course and have 8 Years of Experience in IT industry in different MNC companies. Whether I am eligible for H1B with regarding to my education.

Thanks in advance.

H1 transfer from Cap exempt to cap subjected H1B

Jan 19th 2015
Hi,
Now I am on cap exempt H1B visa petitioned by an University. An employer B is willing to file a petition for regular cap subjected H1B in April, if approved, it would be effective from October. Here, I have a situation. My new employer is unsure about the availability of the position by October.
My questions are:
1) if my new cap subjected H1B is approved and there is no position available with employer B by October, will my old H1B will automatically be cancelled from...

H1 transfer from Cap exempt to cap subjected H1B

h1 transfer after i94 expiry

Jan 14th 2015
Hi,

My H1b & I94 with current employer got expired and extension has been filed (now into RFE). In the mean time, another employer filed for my h1 transfer and it got approved. Can I quit my current employer and join with the new employer?

My concern - Since the H1 transfer got filed after my H1 & I94 got expired, if my extension with current employer gets denied/revoked after I join with new employer, would my h1 transfer become invalidated and would I be out of status and have to leave the...

h1 transfer after i94 expiry

Previous H1B approved,unused expired(tot-6 years), Is it exempt from Quota Cap

Jan 5th 2015
Hi All and Expterts,

My friend had H1B approval in Oct 2008, Because of recession, he could not use it nor entered USA from then on.
He is trying to get H1B sponsor from US now. Questions on this.
1) Is he Exempt from Quota cap , if an employer files new H1B petition?
2) He is into QA and working in iGate with overall experience of 7 years, Are there any good companies in USA or referrals you can guys can suggest.

Thank you,
Praveen

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Dec 31st 2014
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Previous H1B approved,unused expired(tot-6 years), Is it exempt from Quota Cap

Dec 30th 2014
Hi All and Expterts,

My friend had H1B approval in Oct 2008, Because of recession, he could not use it nor entered USA from then on.
He is trying to get H1B sponsor from US now. Questions on this.
1) Is he Exempt from Quota cap , if an employer files new H1B petition?
2) He is into QA and working in iGate with overall experience of 7 years, Are there any good companies in USA or referrals you can guys can suggest.

Thank you,
Praveen

Faculty Affiliate Position for H1b on J1 waiver.

Dec 30th 2014
I am currently on an H1b visa - doing a waiver for a previously-held J1. Currently practicing at a county clinic, satisfying the 40 hours service to the underserved each week.

The university in the same city wants to "hire" me as an affiliate faculty (volunteer or non-salaried position).

The Waiver Office in Austin has no objections as long as the 40 hours are not compromised.

Would my H1b need to be modified even though this is a non-salaried position?

Visa Stamping Question in Chennai with Dropbox Option

Dec 25th 2014
Hi Rajiv and other seniors,

I have a question for Dropbox option for H1 visa stamping(extenstion) in Chennai/Hyderabad, India.

I am eligible for Dropbox option as
1. I am with the same employer & same client for extension(2nd Extension valid till May 2017)
2. Same classification of Visa (H1b)
3. Visa expired within 12 months from the date of expiry.

My questions are:

1. I have read in few threads online that any one can drop the documents on anyone's behalf. Is it true?
2. if yes, then Can...

Visa Stamping Question in Chennai with Dropbox Option

H1B Approved. Left company before effective date. Confusion over my current visa status. Please help

Dec 21st 2014
Hi,

While I was on OPT F1, I got my H1B approved on May 1st, 2014. I left
the company which filed my H1B, before Oct 1st, 2014, the effective date.
Now being in US, I am unsure of my visa status as I am not sure whether that H1B has been revoked or not and also when was it revoked if at all it was.

As per the instructions mentioned at(please replace dot with . symbol and slash with / symbol as it's not allowing me to post the link directly!) www dot uscis dot gov slash working-united-states...

H1B Approved. Left company before effective date. Confusion over my current visa status. Please help

H1b Transfer without travelling to US.

Dec 20th 2014
Hi,
My employer said, yes it is possible to do H1b transfer without travelling to US.
I am in India right now and I never travelled to US.
I have been working with company A, and A had processed my H1B.
Recently Company B approached and said it is possible to transfer the H1B.
They transferred my H1B and I got the approval notice also.
It is mentioned in several sites that H1B transfer is not possible if I am not travelled. But they did it.
Is the approval which they did is correct?...

H1b Transfer without travelling to US.

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H4 visa for minor dependent

Dec 18th 2014
my husband got his H1 visa in 2013 and his consultant applied H4 visa for me and my minor daughter this year 2014.
The consultant filed for H4 through I539 with my name and my minor daughter name together in one form. The case got approved but USCIS sent the I797 with only my name in it. I dont know if they would sent a separate I797 for my daughter. i have bee calling the customer service from past 4 months and everytime they listen to me and say they will send the response in one month time...

H4 visa for minor dependent

H4 to H1b without COS

Dec 18th 2014
Hi all,

1) I am on a H4 until Sep,2015 and would like to apply for H1b with out COS as I need to travel to india while H1B in progress.Can we apply H1 with out COS?

2) If petition with out COS is approved from oct 2014, is there any obligation to apply for COS immediately after H1b approval. How many days can I continue on H4 with out applying COS?

3) As per DOL, Is there any obligation for the employer to run payroll as soon as H1b is approved. Is it fine he doesnt run any payroll...

H4 to H1b without COS

H1B One Year left?

Dec 18th 2014
Hello,

I need to know my options to continue having a valid H1B status.

I had 3 H1B visas. First was approved on 10/2001 and the last was valid until 10/2007 but I left the company on 10/2006.

Do I have 1 year left or more because I spent 1 month between jobs? Maybe I have 1 year and 2 months?

I've been outside of U.S. for over a year. If a company wants to sponsor me, what would be my options? Use the H1B quota starting on April or not?

If I can just do a transfer of H1B (having a year...

H1B One Year left?

Can I do multiple job on H1?

Dec 17th 2014
Hi Rajeev Jee,
I am already having an old job (still on H1 and waiting for PD to be current having approved I-140 since long) I am getting other job opportunity but I dont want to leave my existing employer due to many reasons.
I have couple of questions:
1: Can Two or more companies keep H1 at same time?
2:Can I do two Job together, One fulle time other part/semi full(30hr/week) etc ?
3:If yes can this by any chance create problem in ongoing Green card process?

I will appreciate your valuable...

Can I do multiple job on H1?

F1 -> H1B cap?

Dec 13th 2014
Can a F1 student get a H1B on February or March of 2015 and start working immediately or does she/he need to wait until October, 2015?

COS H1B-H4 and change of Employer

Dec 12th 2014
I am in tricky situation.. Please advice..

I applied for my wife H4 application and it takes around 5 months to come. Meanwhile I plan to change the employer under H1B transfer premium processing.

Can I file my wife H4 along with my H1B transfer under premium processing. This way it will help her to have longer H4 status and she can drive. If yes, then what happens to old application.

In case H1B transfer is denied, then can original H4 application is still valid.

If I cannot apply for new...

COS H1B-H4 and change of Employer

H1B Visa 2015

Dec 12th 2014
Hi,

I've read some information on H1B visa and limitations on quantities and month of the year to start working.

It's still not clear for me.

Basically, I need to know if I can get a company to sponsor me with an H1B visa to start working beginning of 2015. It could be February, March or April.

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