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US Immigration, Immigration to USA, Best US immigration forum, Rajiv S. Khanna, US Immigration lawyer, attorney
Updated: 1 hour 49 min ago

Work permit for h1b spouse starting May 26

May 24th 2015
I just got h1b approved and my first year will be October 2015. Based on my understanding, as of May 26, once I reach a certain stage in the green card process my H4 spouse will be able to work. Assuming my employer is cooperative on starting GC, and pays premium processing, what would be the earliest time my spouse could start working?

A main reason for starting the GC process is for my spouse to get a work permit. Are there any implications for starting this process so early? e.g. taxes or...

Work permit for h1b spouse starting May 26

H1B - CapExempt

May 23rd 2015
Hi,

I have h1b visa and it was expired aug 2013. But I left USA by april 2013. It was 5/6 months left in the H1B.
Now, it is been more than one year now. If I claim the remainder period, would I get the remaining months or 6 years. Could you please explain?

thanks,
karthik

H1B stamping in Canada

May 23rd 2015
Hi,

I just took an appointment for H-1B stamping in Toronto for last week of Jan. The appointment letter says that beginning 1st Jan, 2004 it will take 3 working days to get the passport back.
I was wondering if this rule applies to Toronto only or all consulates in Canada. If anyone has a appointment in any other consulate in Canada in jan can you please let me know what it says on the appointment letter.
Thanks

When to mail I-765 (for H4 EAD)

May 22nd 2015
Now that the form I-765 has been updated, can we mail it on Friday / Saturday so that it reaches USCIS on Tuesday, May 26th?

What happens if I abandon my H1B petition?

May 21st 2015
I know this is a strange question, but by the end of next month I will probably (hopefully!) get a green card and not need to go through with the H1B. I really do hope that if I abandon my petition my spot will get taken by someone else, and if so, I was wondering of there was any way to influence who that person was (a friend who missed both his chances and is kind of desperate)...

Thanks!

h1b to h4 to h1b

May 17th 2015
HI
i am in H1b status now valid 2016 end..
my wife is also in h1b status valid sep-2016
we both work from same location
my wife project is over and her employer will ask her to move to diff location or back to india
so i want to change her status to h4 ( to retain her)

question:
1) if she change from h1b to h4 (immediately after her resignation) how long will it take to approve
2) does she need to travel back to home country for stamping
3) can she apply for jobs with h4 and get the h1b...

h1b to h4 to h1b

Question 11 in Form DS-157: Have you ever lost or stolen your passport

May 15th 2015
Hi,

I lost my passport in india with US Visa (H1B) before I came to USA. Then I got another (duplicate) passport, got US Visa again. Both are from Chennai counsulate. After 911, INS has introduced new application DS-157. In that Question 11 asks 'Have you ever lost a passport or Had one stolen?


What I have to answer for this question. If any body has an experience with this please post your experience.

Any experiences and suggestions would help a lot for me.

Thanks

Query regarding using the original petition post an approved amendment received.

May 14th 2015
Hi Experts,

I wanted your expert opinion on the following scenario:

- My employer in India (referred to as Emp_X henceforth) had filed an H1B petition for me in Apr'2014 for a position with 'Client A'.
- After multiple RFEs, the same got approved in Oct'2014.
- However, by the time the approval came, my assignment for 'Client A' was closed and future assignments were on an indefinite hold. And hence, I had moved onto another project for a different client, 'Client B'.
- Again for 'Client B',...

Query regarding using the original petition post an approved amendment received.

H1 to H4 issuse

May 13th 2015
I have been on h1 and later i have applied for COS after 3 weeks gap when my h1 got revoked,

I got a query answered it and got approved for 1 day

H1B stamping expired but I797 is valid

May 13th 2015
Hi,

I am planning to apply for visitor's visa for my parents. I am in US since 2012 and my H1B visa stamping on my passport was only until sept 2014. However, my new company applied extension and I got my I797 approved before my visa expired. The I797 does not have an I94 card (like earlier) and only says that it is valid till Sept 2017. I have not yet traveled outside US and hence was not required to go for extended H1 stamping. Is this situation normal to apply for my parent's visa? Or...

H1B stamping expired but I797 is valid

Moving from L2 to H1

May 3rd 2015
I am currently residing in US with L2 status which is valid for another 3 years.
I have an EAD card (using L2) with which I am doing a job for employer A.
Potential Employer B applied for H1B visa in April 2015 under premium processing which is approved for 3 years and its COS will happen shortly.
The issue here is that I wish to travel in the month of August 2015?Can I travel?
I shall be rentering US in September on L2 visa. Does my employer B need to file a second petition after October 1...

Moving from L2 to H1

Hello Mr.Rajiv

Apr 30th 2015
I am on h4 spouse visa and living USA frim five years and six months. My nationaliy is and Indian. My husband doesn't want to apply green card and he wants to move back in India. Also we have some family issues, and I don't think we can live together. But we are not divorced yet.
My question is that can I apply green card separately? Is there any option that I can apply green card and settle down here by myself? Please help me.
Thanks,

COS of F1 to H1B with a cap exempt petition

Apr 30th 2015
I was previously on an H1B visa (2.5 years) and then I switched to F1 for an MBA. I previously have a MS and hence don't have an OPT.

I found an employer and the lawyers filed for a COS to H1B. The COS was approved with a start date of Jun 1st. My joining date is in August and I plan to go back to India for H1B stamping.

A) What is my status starting Jun 1st (F1 Expires) - August, if I don't go to India?
B) I will not be on payroll till Aug. Will that be a problem if I am in the US the entire...

COS of F1 to H1B with a cap exempt petition

H4 visa with out marriage album

Apr 29th 2015
Dear friends, I have a query related to h4 visa plz help me.

Questions:
we got married 8 months back at dec 2013,its register marriage (tamilnadu register marriage act 2013)in my marriage certificate our pictures there on top of the photos with register seal there ,now she is in usa now and she have h1b visa

1)Certainly am planing for apply h4 visa.so in that case whether we should go together for the h4 visa interview ??
2)we would not have wedding album with us.Will that affect my h4 visa...

H4 visa with out marriage album

Number of years left on H1B Visa

Apr 28th 2015
I first came to USA on L1B visa on 15-JUL-2009.
Went back to India as L1B extension got denied on 1-FEB-2013.
Applied for fresh H1B under normal cap on 01-APR-2013 which got approved.
Came back to USA on 08-MAR-2014 on this H1B, after staying outside USA for more than 365 days
My question is that as I have traveled to USA after completion of more than 365 days on a fresh H1, will that reset my clock giving me full 6 year tenure on H1B or I will get 6yrs minus previous stay on L1, as my H1 was...

Number of years left on H1B Visa

Canadian on H1B leaving and coming back as tourist?

Apr 25th 2015
Hello,

I am a Canadian working in the US on H1B status at the moment. I plan to leave my job this fall to take some time off before I start a new job (not in the US) in the new year. I understand that with H1B, once you resign, there is no grace period and you need to leave immediately. If I resign, leave the US, and drop my H1B status, can I come back (say after a few days in Mexico/Canada) as a tourist?

I know that as a Canadian, I don't need to apply for B2 in advance...will I have...

Canadian on H1B leaving and coming back as tourist?

H4 to H1 and back to H4

Apr 17th 2015
Hi

I entered US on H4 in 2008 & further extended to 6/12. In Sep’11, I applied for COS to H1 & was approved 7/12 (delayed by RFE). Due to delay in H1 approval, applied for H4 extension to maintain status. Got both H1 & H4 approvals shortly after. Sent a letter to USCIS to cancel my H4 (valid to 6/15) to keep only my H1 active.

Worked on H1 for few months and took time-off due to personal reasons with intention of getting back to work but couldn’t. It’s been 5 months I'm OoS. Now I'd like...

H4 to H1 and back to H4

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

Apr 17th 2015
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

I-140 approved and change of employment

Apr 16th 2015
I have some questions, could you please advise.
I have got 140 approved, and I completed 4 years now in US on my H1B.
My current H1B is valid till Nov 2016, If I change my Employer

1. Using the current approved I 140, can I apply for another 3 yrs of extension (since I completed 4 yrs out of my 6 yrs quota, only 2 yrs left).
2. My new Employer, when apply for PERM should he be apply with similar requirement of my previous Employer's PERM? or it can be totally new requirement and designations...

I-140 approved and change of employment

H4 travel from India to US while new H1b is in RFE

Apr 14th 2015
I am currently working in USA on H1b Visa and my I94 is valid till 31st December,2015.

I had come to USA last year on 1st October,2014 and was working for employer A. My dependents (spouse and one child) have their H4 Visa stamped last year but they did not accompany me to USA. My dependants’ H4 visa is stamped.

I changed my employer in February,2015. My new H1b petition() is under RFE and the old H1b petition() from my previous employer is in Initial Review status due to my previous...

H4 travel from India to US while new H1b is in RFE

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