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US Immigration, Immigration to USA, Best US immigration forum, Rajiv S. Khanna, US Immigration lawyer, attorney
Updated: 18 hours 43 min ago

H1b Transfer but pay stub amount less than lca

Sep 19th 2014
Hi guys,
I am in USA ona H1b visa. My employer is paying me regularly but is paying me less than the LCA amount. I know I can file complain but I thats not the concern here. I recently got a really good job offer and want to apply for my H1b transfer. I wanted to ask does USCIS look at the pay stub amounts when they transfer H1B visa? Can some one tell me what are my chances of getting a denial? Has some one got their H1b transferred successfully with less pay stub amount?
Please advice. I am...

H1b Transfer but pay stub amount less than lca

First time H1B (currently on F2); change employer before stamping possible?

Sep 16th 2014
Hi all,

I am currently on F2 visa in US, with my husband doing OPT (he graduated in May 2014).

I myself have a Masters from one of the top US universities, although I have never worked here before (I left soon after graduation a few years ago), and I never used my OPT or filed for an H1B.

After coming to join my husband last year, I filed for H1B with one small consultancy (call it Employer A). I paid for all associated costs with H1B application, and Employer A has not undertaken any...

First time H1B (currently on F2); change employer before stamping possible?

Stuck and lost

Sep 16th 2014
My name is Daren Watt and I came to America from Jamaica on an H4 visa six years ago, when I was 18 my mother who I am her dependent kicked me out and ran off to Florida. After high school the limitations of the visa really kicked in as I couldn't work or get health insurance and both my parents refuse to help me, right now I'm facing homelessness and I'm desperate for help, I'm currently in Fayetteville North Carolina staying with strangers but due to my situation I don't have long there and...

Stuck and lost

Will I be considered cap exempt if my company withdraws h1b before the effective date (oct 1)

Sep 11th 2014
Hello,

I am currently in US on cap gap. I have an approved h1b with employer A with a start date of oct 1 2014. Employer A is saying that he will withdraw the h1b on sept 30. Meanwhile I have another job offer in hand. Can I apply for a new cap-exempt h1b through employer B before oct 1? will I be considered cap exempt. Or should I tell employer A to withdraw on Oct 1 and tell company B to file on Oct 1 as I will be effectively on h1b status then?

Applying for H1b without going to home county; travelling without H1b stamped

Sep 10th 2014
Dear all,

I am in a bit of a pickle in regards to the visa issue. I am a doctor currently in the process of getting a medical residency here in the US. My citizenship is Pakistan and I am currently on B1/B2 visa, and my visa expires on March 21st, 2015. I am going to be applying for hospital programs that sponsor H1b, and hopefully I'll get it. Unfortunately, the so called 'Match' day where I get to know which hospital I'll be working is also 21st of March, 2015 i.e the last day of my visa is...

Applying for H1b without going to home county; travelling without H1b stamped

H1B Extension - Background Check

Sep 10th 2014
Hello,

I applied for my H1B Extension on premium processing and got RFE and we replied with the required documents.

It's over 17 days and when we contacted USCIS they replied: "The required background checks are still pending for the petition and notice will be issued once the decisions have been made."

Has anyone got a reply like this? If so how long did it take for you to get a final decision?

Thanks in advance !

H1B Extension - Background Check

Sep 10th 2014
Hello,

I applied for my H1B Extension on premium processing and got RFE and we replied with the required documents.

It's over 17 days and when we contacted USCIS they replied: "The required background checks are still pending for the petition and notice will be issued once the decisions have been made."

Has anyone got a reply like this? If so how long did it take for you to get a final decision?

Thanks in advance !

H1B Extension - Background Check

Sep 10th 2014
Hello,

I applied for my H1B Extension on premium processing and got RFE and we replied with the required documents.

It's over 17 days and when we contacted USCIS they replied: "The required background checks are still pending for the petition and notice will be issued once the decisions have been made."

Has anyone got a reply like this? If so how long did it take for you to get a final decision?

Thanks in advance !

Blogging on H4 Visa

Sep 7th 2014
Hi,
I am H4 visa holder and want to blog for hobby. If I get any money from blogging due to advertisements or page hits, I want to take all of that money and donate it to charitable organization. I want to know is this legal while in H4 status and if so I want to know the correct procedure to do what I have mentioned, so that I am still following the rules for the H4 visa.

Thanks,
Redbin

H1b revocation

Sep 6th 2014
Hi my H1B got revoked by my employer after getting approved in the current 2014 cap, is it possible to transfer my H1b after revocation ,also will i fall out of status from H4 because of this revocation as currently now im on a H4 visa. Can anyone please advise?

H1 visa transfer and F1 visa , complicated situation

Sep 3rd 2014
Hi
I got I-20 from a university of my choice.
But I also have H1 visa which was stamped in march 2014 and I have never used it and now one company is ready to transfer it and they have started the process. But I am afraid that it might get rejected because I don't have any paystubs.
So I was planning to enter US on F1 as a student , and complete my Masters and then work on OPT. I would like to know if enter in US on F1 what would happen to my H1 transfer or my H1 visa which is stamped in my...

H1 visa transfer and F1 visa , complicated situation

H1-B RFE Case (Please respond ASAP)

Sep 2nd 2014
Employer "A" filed a new H1-B in 2013 quota. It got picked in lottery. During the processing time, USCIS issued RFE. Employer "A" failed to answer the RFE correctly and it is rejected. I forced Employer "A" to apply MTR and he applied it. We haven't got any response from USCIS on the MTR until April, so I worked with Employer "B" to file a new H1-B in 2014 quota.


Now, H1-B filed by Employer "B" is picked in lottery in April 2014 quota and also at the same time Employer "A" filed MTR is also...

H1-B RFE Case (Please respond ASAP)

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.

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