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US Immigration, Immigration to USA, Best US immigration forum, Rajiv S. Khanna, US Immigration lawyer, attorney
Updated: 21 hours 20 min ago

RFE in H1-B transfer meanwhile I485 got approved through EB5

Jun 14th 2018
I got laid off from company A on 8/17/17 but my I94 was vaild till 9/30/17. I Transferred H1b to company B on 9/30/17 and recently got RFE. Meanwhile my I485 got approved on 06/01/2018 and got my GC. Now what happens to H1b RFE.

1. Do I have to reply to RFE since I was on H1b after 9/30/17 (considered a bridge for the time in between till I got approval on my I485)

2. Or can I Whithdraw H1b (Would the bridge collapse if I withdraw)

Question regarding H4 EAD renewal with H4 renewal application receipt?

Jun 9th 2018
Dear Rajiv,

Please help me with the following situation.

My spouse’s employer didn’t apply my H4 EAD renewal along with H1 and H4 extensions. We got the receipt numbers for extension applications recently.

Now,

1. I am not sure which receipt number I should mention in H4 EAD I-765 form. Should I mention existing I-797A receipt number which is going to expire in August 2018 or new extension application(I-797C) number?

2. We are supposed to send H4 EAD application to Dallas if H1B...

Question regarding H4 EAD renewal with H4 renewal application receipt?

Notice of Filing for H1B Continuation of Previously Approved Employment

Jun 6th 2018
Hello,

An employee of mine's first 3yrs on his H1B are about to expire, and I am going to file for him for another three years.

Do I need to provide the Notice of filing with the LCA or since it's a Previously Approved Employment I don't need to post in two places etc etc?

Thanks

Renew H4 when a green card petition is running?

May 30th 2018
Renew H4 when a green card petition is running?

Hello,
following situation: my wife lives since 2015 with a H1B in the USA. The employer wants to sponsor her a green card. The green card petitions (I140 / I485 / I765 / I131) were submitted at the end of March 2018. I myself am included as a dependent in the petition.
Because her H1B expired at the end of April, an application for renewal was also filed in March. This means that currently 2 applications are processed at the USCIS: the green...

Renew H4 when a green card petition is running?

Going from TN to H1B

May 22nd 2018
Hello,

I recently wont the H1B lottery and i'm told i will have my H1B on October 1st, 2018.

My questions is how do i get my passport stamped with a new visa?

Under TN for job change, it was done instantly at the border by an agent, for H1B, do i need to go to a canadian embassy in canada to have this done? or is it also done instantly at the border as well?

Thanks

H1B RFE Response Help required

May 15th 2018
I got a RFE for H1B ammenedment. I am a Software Engineer .

RFE I got is : can you please indicate which specific courses prepared you for that task and provide more detail as to how your degree in Mechanical Engineering is needed to perform each task in software engineering ?

Can you please help ?

What happens to the Green Card process if H1b extension is denied?

May 12th 2018
hello,

I am on h1b visa for last 12 years and have an extension due later this year in Nov 2018. Considering the current situation where the RFE and denial rate has spiked, i am thinking ahead of time and preparing myself for the worse i.e. in case the extension gets denied.

I have few questions:

1. If the extension is denied and I leave US, will my Green Card process will stay in progress i.e. can i apply for I-485 when the dates become current for my Priority Date?

2. I am planning to...

What happens to the Green Card process if H1b extension is denied?

H1B masters quota - letter of completion enough? Please help me :(

May 5th 2018
Hello everyone,

I am officially receiving my masters degree certificate on May 24th. In the meantime, I received a letter of completion from the registrar's office saying that I completed all degree requirements on April 13th and that the degree will be awarded on May 24th.

Using this letter, my company's immigration lawyers filed my petition. My questions now are:

1) I submitted only my letter of completion and not my final transcripts as they were not ready at the time. Will this...

H1B masters quota - letter of completion enough? Please help me

H-1B visa expired and the petition is revoked, NEW Petition be filled with Cap-Exempted and consular

Apr 30th 2018
Hi All,

I’m looking for guidance how to proceed my case. From Employer A I got H1-B visa approved in 2013 valid through 10/01/2013 to 09/30/2015 and visa stamped for the same duration, but I didn’t travel with the Employer A and in 2014 Employer B transferred the petition, I traveled to US in Nov 2014 with the pervious Employer A visa stamping, but in 2015 the Employer B applied for extension and location change and it was approved through 08/04/2015 to 04/19/2018.

I returned to India on...

H-1B visa expired and the petition is revoked, NEW Petition be filled with Cap-Exempted and consular

Question regarding H1 Stamping.

Apr 13th 2018
Hello Friends,

This is my situation.

I transferred to new employer in the month of January and H1B was approved for 1 year, so the i-94 is valid till January 2019. I'm planning for vacation in the month of September 2018. With only 4 months of H1B validity, is it advisable to go for stamping ?

I have checked with my manager, he said a big NO.
I hav't checked with the attorney.

Please advice.


Thanks.

H1B after 6 Yrs with approved I-140

Apr 12th 2018
Person is in the 7th year of H1-B in the USA with an approved I-140 and visa on the passport is expired (Currently H1-B Extension petition is under process with USCIS). If he leaves to India what are the options for him to come back to the USA on H1-B before or after 365 days of the departure.

Can he apply for H1-B transfer/extension under cap exempt using the approved I-140 before 365 days?

Can he apply for H1-B transfer/extension under cap exempt using the approved I-140 after 365...

H1B after 6 Yrs with approved I-140

H4 visa denied due to fraud or misrepresentation (it affected husband H1 visa too)

Apr 9th 2018
My Wife went for H4 visa interview in Delhi consulate.
We did Arya Samaj marriage in Ghaziabad.
She got nervous in interview and gave wrong answer for few questions.
They denied her H4 visa and mentioned reason as fraud or misrepresentation because they believed that marriage didn't happen.
They forced her to write on paper that marriage didn't happen.
After 3 days i got email that my H1 visa is also cancelled.
Can you please suggest me why H1 visa was cancelled and what should be the best...

H4 visa denied due to fraud or misrepresentation (it affected husband H1 visa too)

What should be the procedure to get H4 visa stamped for the 2nd wife when the H4 visa of 1st wife ha

Mar 31st 2018
M1 had H1B and got married to W1 in Feb 2016. W1 got H4 stamped in Feb 2017 valid till Apr 2019. M1 and W1 divorced in Dec 2017. Indian Family court has issued the divorce decree in Hindi. M1 will be getting married to W2 in June 2018. M1 has always filed tax in the US as single. M1, W1 and W2 are all Indian Citizens. M1 is a US resident and W1, W2 are Indian Residents. W1 and W2 have never traveled to US. Marriage, Divorce and Visa stamping happened/will be conducted in India. What should...

What should be the procedure to get H4 visa stamped for the 2nd wife when the H4 visa of 1st wife ha

Attempting to TN after H1 6 years expires !

Mar 26th 2018
Hi

Can one request to TN after expiring 6 years on H1B?

Transferring pending H1B approval

Mar 15th 2018
I am currently working as a Data Analyst and my status is H1B (since 2005). Recently, we filed for H1 extension. Unfortunately, my company is going through financial issues. So, I am planning to change jobs. Hence, I have 2 important questions with regards to change in job:
1. H1 transfer- How easy it is to find an employer who would process H1 transfer, given the current administration? Also, can H1 transfer be submitted while my H1 extension is in process?
2. Effect on green...

Transferring pending H1B approval

Petty DP offense while H1B extension in progress

Mar 14th 2018
I am currently on H1b visa and i was recently charged for petty DP offense (Harassment) by my spouse. In court judge announced that if incident doesn't repeat in 6 months, the case will be dismissed and i was not plead guilty. As i have currently h1b extension in progress , will this incident make any impact ? I was not convicted but case is still open for next 6 months.

IS H1B AMENDMENT REQUIRED FOR LOCATION CHANGE WITHIN SAME MSA, SAME EMPLOYER & SAME END CLIENT?

Mar 8th 2018
Hello - Please help me with this query. My Client Location is going to be changed but its within same MSA(within 3 miles). My Employer, End client remains same. My Employer said that they are going to file LCA amendment but No H1b Amendment.
Also my current jobtitle is "Computer Programmer" which seems discontinued & no longer eligible for H1B visas. Employer said that they are going to change my jobtitle as well while they ammend my LCA for Location change.They said within same MSA, you...

IS H1B AMENDMENT REQUIRED FOR LOCATION CHANGE WITHIN SAME MSA, SAME EMPLOYER & SAME END CLIENT?

IS H1B AMENDMENT REQUIRED FOR LOCATION CHANGE WITHIN SAME MSA, SAME EMPLOYER & SAME END CLIENT?

Mar 8th 2018
Hello - Please help me with this query. My Client Location is going to be changed but its within same MSA(within 3 miles). My Employer, End client remains same. My Employer said that they are going to file LCA amendment but No H1b Amendment.
Also my current jobtitle is "Computer Programmer" which seems discontinued & no longer eligible for H1B visas. Employer said that they are going to change my jobtitle as well while they ammend my LCA for Location change.They said within same MSA, you...

IS H1B AMENDMENT REQUIRED FOR LOCATION CHANGE WITHIN SAME MSA, SAME EMPLOYER & SAME END CLIENT?

H4 travel while H1B extension pending

Mar 6th 2018
Please let me know your valuable inputs on this.

My family is in my home country now. Our H1 and H4 are stamped upto June-2018.
We already submitted H1B extension petition. By mistake we submitted I-539 also for H4 extension.

My questions are:
1. Can my wife and kids travel to US in their existing H4 (valid upto June-2018) in April-2018 and go back to home country in May-2018? Will they face any issue in PoE due to visa expiry in Jun-2018?
2. How can I withdraw the I-539, since I am not...

H4 travel while H1B extension pending

H4 travel while H1B extension pending

Mar 6th 2018
Please let me know your valuable inputs on this.

My family is in my home country now. Our H1 and H4 are stamped upto June-2018.
We already submitted H1B extension petition. By mistake we submitted I-539 also for H4 extension.

My questions are:
1. Can my wife and kids travel to US in their existing H4 (valid upto June-2018) in April-2018 and go back to home country in May-2018? Will they face any issue in PoE due to visa expiry in Jun-2018?
2. How can I withdraw the I-539, since I am not...

H4 travel while H1B extension pending

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