H-1 Visa

Maternity Leave and Pay Stubs

I am on H-1B & my wife also on H-1B. After three months pregnancy leave my wife is planning not to work and to transfer from H-1B to H-4. She will not have last paychecks copy for three months so will it be an issue during transfer? Will she need to start the job again to get three paychecks copy ?

Reasonable maternity leave should be considered "in status" period, so pay stubs should not be needed.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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I-140 Withdrawal vs NOIR in AC21 Context

A couple of questions I have in extension to the I-140 withdrawal by employer are below. If I have I-1485 pending for more than a year via company A and I join company B using my EAD/AC21: a. what will be the impact if Company-A decides to withdraw/cancel/dissolve the I-140? b. Is there a possibility for a NOIR to occur on the I140 which had been approved in 2011? If yes what is the impact in either cases? What are the measures I need to take in either case?

a. No effect on your AC21 right, but you cannot extend future H-1 (if you need them).

b. Oh yes.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Guestbook Entry for Sarat, United States

Name: 
Sarat
Nonimmigrant Visas: 
State: 
MI
Profession/Occupation: 
Country: 
United States
Comment: 

I have recently filed for H1B 8th year extension under premium processing and I got the approval in a week. Rajiv, Fran & Anna did excellent work throughout the process. I really appreciate Rajiv for his attention to detail and his thought process before filing the application. He even submitted some documents even before CIS want to think about it. Thanks again Fran and Rajiv.

Grace Period - Using Tourist Visa After Quitting A Job

I am here on an H-1B and I am looking at quitting my job very soon to leave the country. I am aware there is no grace period for quitting on an H-1B and I don't have a choice but to work till the last day. I do however have a tourist visa that is valid until 2016. Can I quit my job earlier and still stay a week on the account of the tourist visa to pack up and leave; or would the tourist visa have to be activated only be re-entering?

It has to be "activated." Note that under the circumstances reentry and hence "reactivation" is likely to be difficult.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Guestbook Entry for KL, United States

Name: 
KL
State: 
VA
Nonimmigrant Visas: 
Profession/Occupation: 
Country: 
United States
Comment: 

I have worked with Mr. Khanna and his staff on H-1B and green card applications for a few of my employees over the last 4 years.  Never having done this before previously and with very limited knowledge of the immigration arena, I have found all of the staff members to be extremely helpful!  There is never a time where I can't ask questions or seek guidance.  Communication is very important and they never dissapear on me.  Rather than it feeling like a client-lawyer relationship, I feel like it is more of a partnership.  They are here to make the process smooth and as painless as possible.  I would recommend their services to anyone who is in need, whether it be an individual or an employer.   

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