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US Immigration, Immigration to USA, Best US immigration forum, Rajiv S. Khanna, US Immigration lawyer, attorney
Updated: 19 hours 24 min ago

H 4 and H 1 Approved

Oct 29th 2014
Hi ,
I came on H4 visa with my husband last year.
I have filed for H1B through a consultancy and I got my H1 Approved with effective dates of oct 1st till sep 2017.
Meanwhile, my husband's H1 extension was due this September 2014. Along with this extension, my H4 extension was also applied. we realized this right after it was filed and immediately requested for my h4 withdrawal and they have done so. Later my husband's H1 and my H4 arrived anyway. When I called USCIS to know my withdrawal...

H 4 and H 1 Approved

H1B expiring - PERM audit - can work from India?

Oct 29th 2014
Hi All



My H1B is expiring on Feb 5th 2015 and my employer has filed PERM on Mar 30 2014 (less than 365 days gap). Now my PERM has got audit and the employer has responded to it last week. Since, the review response of PERM audit may take more time, my employer told me that they will apply for H1 extension but I've to leave US by Feb5 2015 and come back after Mar 30, once my H1 extension is approved and I got through stamping.

My questions are,

  1. Can I use my accrued PTO's...

H1B expiring - PERM audit - can work from India?

H1B for a Canadian citizen

Oct 27th 2014
Dear all,
My information is that a Canadian citizen with appropriate documents (valid Canadian passport, I-797B, I-129, ETA 9035) can get a stamp in the I-94 form/card, which is attached to/inserted in the passport at the port of entry, without needing a consular appointment. This stamp can be obtained up to 10 days prior to the validity period on the I-797B.

My questions are:
1. Does obtaining this stamp at the border cost me anything? Is there any reason I should go through the trouble and...

H1B for a Canadian citizen

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
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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

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