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US Immigration, Immigration to USA, Best US immigration forum, Rajiv S. Khanna, US Immigration lawyer, attorney
Updated: 8 hours 4 min ago

Holding valid H1B visa

Aug 30th 2014
I am holding valid H1B visa. However the company who sponsored the visa told me that they don't have any projects and told me that they are going to revoke my petition on 12th sep.

There are two options i have.

1. Whether i can travel to US before 12th Sep and after reaching whether I can transfer to other company. Is there any problem i will get if i do the transfer after reaching US without having any paystubs.I got to know if i need to transfer to other company atleast 1 month paystub is...

Holding valid H1B visa

Can I recapture remaining H1 time.

Aug 29th 2014
From 2000-2004 I was on H1B,. Minus being outside US, I was in US H1B1 status for 38 months.
From Jan 2005-Dec 2010 I used my EAD to to work for other employers and used Advance Parole for travelling.
In Dec Dec 2010 I-485 was denied. Returned to India in April 2011.
Now a US based employer wants to apply for H1. Am I eligible for 34 months of recapture time, or I have to apply in quota.

LCA or H1b amendment for address change?

Aug 26th 2014
Hello,

My client is changing their office within 4 miles radius (same state, but different zip code). I am sticking with the same employer, same client & same responsibilities. I consulted with my HR team and an attorney regarding H1B amendment for this address change. They say that LCA amendment is alone required and we don't have to do H1b amendment. I plan to go for stamping next year and I am concerned that it should not be a bottleneck.
Can you friends shed some light on this please?...

LCA or H1b amendment for address change?

Getting fired on 6th year of H1B

Aug 25th 2014
Hello Friends,
A lawyer told me that if you are on the 6th year of H1B and the company fires you then there is no way that you can have an extension on your visa even if your I-140 has been approved. This is because the company would fire you and withdraw your I-140 and cancel your H1B. So even if you found a new company who is willing to file for your H1B you will still not be able to extend it since you have no approved I-140. My question is that this gives a company way too much power...

Getting fired on 6th year of H1B

H4 visa with out marriage album

Aug 25th 2014
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

Don't want to really have hurt our

Aug 22nd 2014
Don't want to really have hurt our legislators at yes and the rest et-cetera probably say sixty percent of the others don't have complete bad or then it's Nitro X Proseries not perfect for yet then there's that 20 per other 20percent that step me jack are they don't know what the other there that was it take a at least a couple sessions the trainer Tyler great for me you don't want to pay percent range rover let-gen per couple sessions a.m. to do...

Don't want to really have hurt our

Delay in H1B interview after petition approval and H1B remaining process from US

Aug 19th 2014
Hi,

I have 2 questions,

1) My H1B petition got approved on 25th June 2014 but now because of Client's budgeting fluctuation my employer is delaying my further processing and they said this might be completed in next year. I just want to know how much late H1B interview can be scheduled after petition approval? Is it allowed after April 2015 too?

2) I already have L2 visa which is dependent on my wife's L1 visa, my wife is currently in US and will be there till June 2015, so if I go to US on...

Delay in H1B interview after petition approval and H1B remaining process from US

Job relocation (same firm) and GC implications.

Aug 18th 2014
See below for my case details and follow-up questions. Any input is appreciated.


- H1 B engineer with the same firm for 9 years.

- EB-3 India petition with I-140 approved since Jan. 2008.

- Currently looking at a relocation to a different office with the same company due to personnel issues.


- Company is willing to do a H-1 amendment to the new location, but not a GC upgrade to EB-2. Company claims nothing will happen to my current EB-3 petition in a different state.

- I am now a...

Job relocation (same firm) and GC implications.

H4 visa holder applying for PR in Canada-Questions

Aug 18th 2014
I have a question. As a H4 visa holder in the USA (my husband is on H1B), and an Indian citizen, I plan on applying for Canadian PR via the federal skilled worker program, to eventually start working there. The question I have is if my PR does come through within a year, will my H4 visa in the USA get affected or be void immediately? Provided I don't get a job in Canada by then, how long will my H4 be valid after I get my PR in Canada? Can I choose to live in either country in that case?...

H4 visa holder applying for PR in Canada-Questions

study on h4

Aug 17th 2014
Hi

i have studied bcom and ca in india.

I will be applying for h4 now and move to new jersey.

i want to pursue cpa and i believe in doin so i will need to get credit hours.

My question is can i study on h4. I understand cpa can be done on h4 . If i want to do masters should i be on h4 or on students visa.

Also , can i change my status to students from h4 being in US



Thx
neha

H1b Transfer without travelling to US.

Aug 16th 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.

India Travel during H1B Extension process

Aug 7th 2014
Hello,

My H1B Visa expiring Sept 30 this year and extension is filed already.
I received receipt # and I am also planning to travel around September last week.
In case, if the VISA approval didn't came till that time, with that said, can I travel to India with a peace of mind that my extension of H1B would not affect?
In other words, would my extension request still be active if I travel or outside USA during my current VISA expiration date?

Regards,

I 140 Approved, H1B 6 years completed, prevailing wage issue

Aug 4th 2014
I am waiting for my company to file my H1B extension. I will be completing 6 years on April 2014 and I have approved 140 (EB3). My attorney has requested my manager for approval for new prevailing wage for H1B filing. The issue is my company is still discussing if they can approve my new prevailing wage or not.

What happens if my company does not approve the new prevailing wage?

Can I continue with the exiting prevailing wage?

I also have around 3 months of vaction time that I...

I 140 Approved, H1B 6 years completed, prevailing wage issue

H1 transfer

Aug 4th 2014
Hi,

My first entry in to US was in 1999 Jul with the company A. As the company couldn't find me a job I had moved to B in 1999 Sep. Within the same month I got placed at C. I worked as a consultant for them till 2001. After that they hired me as a full time employee, after that they applied for my GC. My GC priority date is Jun'2003 under EB3, which is "current" now.

In 2007 I have changed the employer and started working for D. They applied for my extension and I got 3 yrs extension...

H1 transfer

Re-entry to USA with H1-B

Aug 2nd 2014
Hello,
I currently hold an Indian passport and work in Texas based on my H1-B (I already have H-1B stamping). My current employer is sending me to the UK for 6 months with "Skilled worker transfer" visa. After 6 months I am planning to visit India and then return to the USA. However my manager concerned about whether there will be a problem with my returning to the US from India as I left to USA for UK. My question is,would I be able to re-enter with my H-1B if I am coming from India instead...

Re-entry to USA with H1-B

Need opinion - transferring h1b while only 11months left for 6 yr limit

Aug 1st 2014
Hi immigration experts,
Need opinion about my transferring h1b while only 11months left for 6 yr limit.
Also, new company is willing to also file for my PERM(brand new) parallely.
Assuming best probability, would i be able to continue to extending and working on H1b past 6 year limit?

thanks in advance.

H4 Visa Refused 221g Blue Slip

Jul 30th 2014
My Wife got 221g on 28th july 2014
they asked the documents like.
Invitation letter
resume research if any
travel
funding for travel
position job title and supervisor name.
Purpose of the travel
Travelers

Really??? I don't understand why h4 applicant need resume and job title and supervisor name in this

Questioned asked in the interview.
which degree you have
she: master of science in microbiology
officer: gave 221g and asked for document before they make decision

please advised in 221g...

H4 Visa Refused 221g Blue Slip

H1B cap exempt issue..

Jul 29th 2014
Hi I have been in the US working for a company for a year and recently accepted a new job opportunity.

The new company told me that transferring my H1B was something they had done all the time and they had. However today we find out unknown to me that my H1B which still has 2 years to run is a cap Exempt one?

They informed me that because of my current employer being a non profit organisation I cannot transfer my visa. So its put a complete halt on everything.

The options to me are carry on...

H1B cap exempt issue..

Labor/PERM application initiated: Options if I don't get H1B extension in time?

Jul 29th 2014
Hi,

I am working for a global management consulting company and I am in the 6th year of my H1B. My H1B expires in April 2015. My company has just initiated my green card process (obviously its late). The labor/PERM application will be filed by September 2014.

I am afraid that I may not get a H1B extension, before my H1B expires in April 2015. If I do not get an extension in time then my understanding is: I will have to leave the US in April 2015 and work from a company office outside of...

Labor/PERM application initiated: Options if I don't get H1B extension in time?

Stamping of H 1B visa from any other country than home country

Jul 29th 2014
I got my first H 1 B approval in November 2011 but in 2012 I changed my status to F 1 for pursuing my masters. I completed my masters in May 2014 and has the approval for H1 ( from F1 to H 1). I have started from from June end of 2014 and right now on OPT till September 2014. In mid of September, I needed to travel to London, UK for about 1 week for work. It is required that I need to get my H 1 stamp to re-enter US. Can I get the stamp for H 1 from London Consulate and re-enter US with a valid...

Stamping of H 1B visa from any other country than home country

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