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US Immigration, Immigration to USA, Best US immigration forum, Rajiv S. Khanna, US Immigration lawyer, attorney
Updated: 21 hours 6 min ago

H1B visa application

Oct 21st 2014
Hello;

I am working as Post Doc in a US university. I joined the university on J1 visa. Currently, the university is processing my H1B visa in order to extend my stay. The university has also offered me Assistant Professor position. My question is, do I have to wait till my application for H1B is under process? or I can accept the position and it will not effect my current H1B application?

Thanks,

F1 w/ CPT until 7/5/15 to H1B

Oct 15th 2014
Hi,
I am currently under F1 visa, with a CPT going until 7/5/2015 (end of my I20 is also 7/5/2015). I will apply for H1b on April 1st 2015 and wanted to know if the fact that my I20 will only go until 7/5/2015 and not 10/1/2015 will be a problem.
I applied for H1b last year (wasn't elected in the lottery) and I remembered the layer told me my current I20 should be valid until October 1st). Does it really need to be? I don't see anything about this requirement anywhere.
Thank you.

H4 change to J1

Oct 14th 2014
Hi

I hold the H4 visa, but I study at Hong Kong and only visit my husband who works in US on holidays. I will go to a University in US as a visiting scholar for half an year, should I change my H4 visa to J1?

Thx
Carol

Transfer of H1B from Company to non-cap and then to company

Oct 13th 2014
I came to USA on F1 visa in 2006 and then graduated in 2011 with a PhD degree. After that, I am working as a Post Doc with a Company (DuPont). I worked on OPT for one year and then company filed for H1 and started to work on H1 effective from 2012 oct. My Post doc is ending in Dec 2014, I know that I will have to find a job and transfer my existing H1 to new company.
But, I want to do my another Post-doc in univeristy. Can I transfer my existing H1 to Univeristy (non-cap)?

Later, if I find a...

Transfer of H1B from Company to non-cap and then to company

H1B expires a month before EAD will be received

Oct 11th 2014
Hello, my H1B expires end of October, 2014.
Adjustment of status (I-485) and Employment Authorization (I-765) applications have been filed together for me by my current employer - USCIS receipt notice Received Date is Aug-25, 2014.
So it is likely I'll receive my EAD in November, 2014 (assuming EAD takes 3 months to process).

My employer would like to avoid paying for H1B extension. In that case it is going to be about 1 month gap between H1B expiration date and before I receive EAD.

I'm...

H1B expires a month before EAD will be received

Will change of citizenship affect my H1B status

Oct 10th 2014
Hello,
I came to USA on L2 in 2013, got an EAD which is valid till July 2015. I am currently working for an employer who applied for my H1 and it got approved(effective Oct1, 2014). It has not been stamped yet.
My citizenship for Canada got approved and I will have to go for the oath ceremony in 2 weeks. I know that Canadian citizens do not need stamping for H1B. I cant stay away from work for very long, so plan to apply for an urgent Canadian passport. My question is which option is legal and...

Will change of citizenship affect my H1B status

Please help - USCIS asking pay stubs for H1 to H4 change of status

Oct 8th 2014
H1 to H4 RFE - Pay stubs for H1 to H4 - PLEASE HELP!

Dear All,
Please help me. I am very confused.
My wife was on H1 for last 2-3 years, but never worked on H1, and so does not have any pay stubs or W2s. Her H1 expired on Dec. 31, 06, and we applied for change of status from H1 to H4 during first week of Jan. 07. USCIS send RFE as following from California service center:

EVIDENCE PERTAINING TO BENEFICIARY'S DEPENDENTS
In order to qualify for a change of status, the applicant has...

Please help - USCIS asking pay stubs for H1 to H4 change of status

H1 visa holder and working remotely out of the country

Oct 6th 2014
Hi,

I am an H1B holder (With I140) status in 7th year in USA.

1. I have valid H1B visa until AUG 2016. However due to family reasons i will be leaving on JAN-15 to India. Is it ok if i keep the H1B as it is until AUG 2016 while i am away or do i need to cancel the H1B.

2. While i am in India i will be paid in Indian rupees and not equivalent to what i earn in US$. Will there be an immigration LCA issue as i will be paid much lesser than what is stated in H1B.

3. Is it mandatory to run the...

H1 visa holder and working remotely out of the country

DOB mismatch in I-797B

Oct 3rd 2014
My cousin received I-797B from the consultant, we noticed that DOB in I-797Bis incorrect with the original DOB

I believe this happened because in the front page of her passport it is mentioned as wrong DOB which later passport officer corrected to the right one. The entry of correct DOB is in the very first leaf inside passport.

Please let me know your suggestions to proceed further. Will there be a problem if she goes for stamping to consulate?

Incorrect DOB in I-747

Oct 3rd 2014
Hi friends,
My H1b petition got approved on 8 may by USCIS but with the incorrect D.O.B. (10/24/84 instead of 11/24/84). My employer/lawyer had made the mistake in the papers.
Is there any way to get it corrected? should the employer apply again? should i go ahead with my visa interview?
can it cause problems at visa iv or port of entry?

Wrong DOB in I797B form

Oct 3rd 2014
Hi

I received my H1B petition with wrong DOB on my I797B however my employer requested USCIS for the correction & USCIS told us (with request ID number) to expect a reply by the end of this month.
Anyone here some experience/knowledge of this matter? Does USCIS replies on time or it will take forever?

Please advise.

Thanks,
GS

Petition approved but extension of stay denied since physically not present in the country

Oct 3rd 2014
I am currently employed by Company A. I was supposed to take a business trip for Company A when I accepted an offer with Company B and asked them to file the H1B transfer petition. I came back from my business trip to find out that the transfer petition had been filed a day before I entered USA. I was not in violation of H1 status since I entered USA on Company A's visa while still working for them. However since I was physically outside USA when the Company B petition was filed, my extension...

Petition approved but extension of stay denied since physically not present in the country

Are certain companies exempt from the official release of H1 visas in April?

Oct 1st 2014
Hi - hoping someone can help with this odd question - I am on a work visa (not H1) and recently have been in talks with a firm who after finding out that I am on a different work visa, told me they would need to apply for the H1 visa which would take about 5 weeks....given that the quota has been used up for this year, wouldn't they have to wait until April 2015 to apply for my H1 visa and I can't start working using that until Oct 2015, making them massively misinformed? Or are some companies...

Are certain companies exempt from the official release of H1 visas in April?

Summary Retail Theft (PA) affect on obtaining Visa

Sep 30th 2014
In June 01 I was charged with Misdemeanor Retail Theft but it was bargain down to Summary Retail Theft. I had to pay a fine, no jail time. In PA, that is equivalent to a Summary Disorderly conduct, as my lawyer says... it's like getting a speeding ticket.

I recently received my H1B approval and am not in Ecuador attempting to obtain my visa to return to the US to work (My H1B is effective Oct 1st 05).

The US Embassy over here has requested my fingerprint to be sent in to the FBI so they...

Summary Retail Theft (PA) affect on obtaining Visa

Rank Tracker Constructive Information

Sep 27th 2014
Marketing and publicity is the strategy to create a organization. Within this time where in actuality the net can be used by buyers and potential prospects to assemble information regarding services and products before really creating a buy, it is smart regarding businesses to really have a site that's ranked among the best fifty selections whenever a seek is made applying relevant keywords.

Rank Tracker can be a computer software that assesses the search engine rankings of sites. The keyword...

Rank Tracker Constructive Information

Transfer Without Stamping

Sep 25th 2014
Hi, I'm holding H1B petition(I've I-797 valid till Mar-2016). It was transferred from company A to company B when I am in India. It is not stamped. If I change to company C, can company C utilize my H1B petition? Can company transfer it and file LCA? Will I get any issue while stamping. Thanks in advance!

Concurrent H1B for Part time job

Sep 24th 2014
Hi,

I am working for company X as a full time employee on H1B visa. They have filed my green card and my I-140 has been improved. Company Y to hire me as a part time on W2 but I need to work as and when required. So sometime I have to work 20-3- hours in a week and sometime, I will not have work for months. I can work from home too during off hours. Company Y is going to file concurrent H1B. I have few questions regarding my visa:

1) Will it affect my current full time H1B with Company X

2)...

Concurrent H1B for Part time job

Qualifications eligble for H1B

Sep 22nd 2014
  • My daughter is on H4 visa in USA. Her qualification is MBBS. She completed one year Post Graduate Diploma in Mathematics from Indian University. She completed certification in SAS also. If any employer is willing to sponsor her for H1B for SAS Clinical job, is she eligible for H1B (means her qualifications are acceptable). Please advise.

H1 Transfer to Start up employer (zero employee)

Sep 22nd 2014
Hello Friends,

I have my I-140 approved with my current employer. I am planning to transfer to start up employer (brand new Company registered few weeks back). He had a very good project through one of the primary vendor with good offer and i personally know this new employer very well .Due to that good relation i am ready to work with him as first employee for his company. I also want to help him in setting the environment for successful H1B Transfer. We will definitely contact...


H1 Transfer to Start up employer (zero employee)

I-94 Expiry vs I-797 Validity

Sep 19th 2014
Hi
My I-94 is expired one month back but i have I-797 validity till August 2015. My employer says i need to go out of country and get stamping to get I-94. I would like to know what other options we have so i get new I-94 with extension upto August 2015. Any info on this much apprecaited. Thanks for your time.

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