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US Immigration, Immigration to USA, Best US immigration forum, Rajiv S. Khanna, US Immigration lawyer, attorney
Updated: 9 hours 41 min ago

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

Question regarding 2014 tax return for F 1 – OPT employed Indian students who got H1B in 2014

Apr 13th 2015
Hi, I would like to know if any employed Indian (who was in F1 -OPT last year) and has got H1B approved in year 2014 has claimed $6,200 as standard deduction in tax return for year 2014 ? Usually, F1 single filing students from India can claim this standard deduction according to US-India Income Tax treaty Article 21(2). Since I was in F1 -OPT status till September 30,2014 and only from October 1, 2014 onwards, H1B started, I have not accumulated enough days to pass the substantial presence...

Question regarding 2014 tax return for F 1 – OPT employed Indian students who got H1B in 2014

Was your H1-B denied? Try EB-5 Investor Visa Option

Apr 9th 2015
With the recentH1-B lottery coming to an end there are many applicants who will not get a Visa. For those that qualify through investment, the EB-5 visa provides permanent residency in the United States for the investor, spouse and children up to 21 years old. LCR Capital helps international investors obtain U.S. residency by deploying their capital in American business that create jobs through the EB-5 Investor Visa Program.

Forbes calls it the best way to immigrate to the U.S. Learn how my...

Was your H1-B denied? Try EB-5 Investor Visa Option

Applying H1B under Master's CAP

Mar 30th 2015
Hello,

When applying for the master's CAP, i'm missing only the Degree certificate in the package. Instead i added a letter from University Dean's office on my graduation date and possible issuance of Degree certificate (Not from Registrar Office).

My lawyer wouldn't want to take risk by applying in Master's CAP reason being it might get rejected upon document verification prior getting into Lottery. He suggest you apply under general category.


My Question here is will Master's CAP...

Applying H1B under Master's CAP

I94 Error - POE officer put L2 instead of H4 on electronic I94

Mar 29th 2015
Hi,
MY wife recently came through Newark airport from india.She came on a valid H4 visa.The stamp in her passport indicates that she is admitted as H4 until visa expiry date which is also petition expiry date.2 days after we checked the I94 and it shows the visa classification as L2 with same expiry date as stamped on the passport?

Anyone before in this situation and what is the solution for this?


Regards,
D

New H1B Petition/Transfer with new company

Mar 29th 2015
I currently have an approved I140 from company A, I am planning on doing a future job GC with company B. Company B said that I should transfer H1 before filing I140, while I can continue working in Company A until the new I140 is approved.

My questions:

1. Any reason why company B is requesting for H1 transfer even though I will join them only after the I140 is approved.

2. Can company B do anything such that I will be forced to join them after the H1 transfer, like running a pay roll...

New H1B Petition/Transfer with new company

Do I need to go for H4 stamping?

Mar 24th 2015
Hello,

I completed my H-4 stamping on last August 2014 and entered USA in same month. My H-4 visa is valid till Oct 2016. However I received my H-1 797 after I came back and was automatically moved to H1 status on 1st Oct 2014. I am currently in india and was planning to move back to H-4 status.

- Do i need to go for H-4 visa stamping as I already have a valid H4 visa in my passport ? I visited the consulate and they said I don't need any stamping but you can consult your lawyers again....

Do I need to go for H4 stamping?

H1B Visa Transfer

Mar 22nd 2015
Hello,

I am currently on OPT and my company is going to apply for my H1B on April 1, 2015. Now, if I get a new job in June/July, can I join this new company? What will happen to my H1B visa? Can I get my visa transferred to this new company?

H1 transfer Got RFE

Mar 19th 2015
Hi, I had 4 months on my visa nd 2 years of extension was ahead.I recently changed my company and my h1 transfer petition got RFE for client letter. Client and vendor issued the letter but they mentioned the project dates, which is a 6 months project only.
My question is-
what are the chances of getting my visa approved?
Will they approve visa for 6 mnths only?

H1B and 1099 MISC tax form concern

Mar 18th 2015
Hello All,

I worked for abc company for last 3 years. They extended my h1b at the end of 3rd year. But during 4th year this year I changed my company and changed my h1b too. At the same year, abc company was sold to another company. abc company decided to give bonus to its current and formal employees. I got a bonus check from abc company. Since, I was not on their payroll they issued me a 1099 misc form for tax purposes for this tax year. My understanding is h1b employee can file only w2 form...

H1B and 1099 MISC tax form concern

H1-B with AOS through I-130 (family category F2-B)

Mar 18th 2015
Hello
I am currently on OPT and the status expires on 06/26/2015. On April 1, 2015 my employer will file for H1B.
Also, I have an approved I-130 through the family based category (F2B) and my priority date will become current in April 2015.
When should I apply for Adjustment of Status through I-130 (family based category)?
If I apply for H1B and I'm selected in the lottery (should know by end of April), do I need to wait until I officially move to the H1B status (should happen some time...

H1-B with AOS through I-130 (family category F2-B)

Clarification Required - H1B Petition approved only till Oct '15 - Currently Stamping is on hold

Mar 14th 2015
Hi All

My H1B Work permit Petition had got approved on Oct 2014 and I appeared for the Interview on 24th Dec 2014. The VO Officer in Chennai had issued Blue Color 221 G - Slip and asked me to submit the document as email.

I did it on 14th Jan 2015. and on 9th Feb 2015 I got one more 221 G, this time in White Color asking for a detailed project description.

I had sent in the Reply for the Second 221 G, but still the status in the website shows as "Additional Admin Processing" and has the...

Clarification Required - H1B Petition approved only till Oct '15 - Currently Stamping is on hold

Travel to India for H1B visa Stamping through Europe

Mar 10th 2015
Hi, I am travelling to India from US for H1B visa stamping in May. I have heard that if I don’t have H1B visa stamp, then I cannot travel through Germany, UK, France and other European countries and some people advised me to travel through Middle East (Dubai, Abu Dhabi, Qatar etc). I want to know what’s the exact rule. I do have the F1 visa stamp in my passport (valid till June 2016) and also the OPT EAD card (validity till July 2015) but I am not a student anymore and my status has been...

Travel to India for H1B visa Stamping through Europe

Deadline for entering the country after new H1B

Mar 10th 2015
Hi,

I got laid off from my job under H1B. Within one week USCIS revoked my visa. I got new offers and the new company applied for new H1B visa and I also went to US consular in another country to get the new form I-. I got approved by USCIS but I am still waiting for visa and I-94. I know there is a six months period that you should get your new H1B. Since my new H1B is approved by USCIS, is there a deadline or limit for when I can get my visa. My company has been kind and they have been...

Deadline for entering the country after new H1B

Transfer previously revoked H1 - Currently on F1 OPT

Mar 9th 2015
Hi,

I had my 1st H1 stamped in Nov 2010 (valid until September 2012) through Employer A and I arrived to US on H1 in July 2012 through the same Employer A. The same Employer A filed for an extension in September 2012 and I got an approval in December 2012 (valid until September 2015). I returned to India in January 2013 and resigned from the company and came back to US for my Masters in May 2013 on a fresh F1 Visa. USCIS then revoked my H1 petition in May 2013 (I am not sure if this was on the...

Transfer previously revoked H1 - Currently on F1 OPT

Transfer previously revoked H1 - Currently on F1 OPT

Mar 9th 2015
Hi,

I had my 1st H1 stamped in Nov 2010 (valid until September 2012) through Employer A and I arrived to US on H1 in July 2012 through the same Employer A. The same Employer A filed for an extension in September 2012 and I got an approval in December 2012 (valid until September 2015). I returned to India in January 2013 and resigned from the company and came back to US for my Masters in May 2013 on a fresh F1 Visa. USCIS then revoked my H1 petition in May 2013 (I am not sure if this was on the...

Transfer previously revoked H1 - Currently on F1 OPT

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