H-1B Visa FAQs

Tuesday, November 12, 2024 - 11:24

H-1B stamping delay and administrative processing in India: Payroll gaps, re-entry concerns, and expediting Options

Question

I am reaching out on behalf of a friend who is currently facing challenges related to his H1B visa stamping process in India. He departed for India in August with an H1B Dropbox appointment scheduled for August 19th. On August 30th, he received a 221(g) notice requesting him to appear for an in-person interview. He attended this interview on September 3rd, where he responded to all the consulate’s inquiries. However, he was issued another 221(g) slip, stating that his case is now under administrative processing and that he will be notified once an update is available.

Since then, there has been no progress or further communication from the consulate.

My friend’s concern now is twofold:

1. Unpaid Leave and Payroll: Due to his company's policy, he is not permitted to work from India and has been on unpaid leave since August 15th, with his last payroll processed through this date. He is still formally employed, but he has had no payroll since then. If his H1B stamping is approved, will his re-entry to the U.S. be problematic, given the gap in payroll since August 15th? Additionally, is his H1B status still active, or could it be considered paused due to the lack of payroll?

2. Expediting the Process: Is there any way to expedite his case with the Chennai consulate, considering the indefinite delay he is currently facing?

 

Answer

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Tuesday, November 12, 2024 - 07:18

H-1B layoffs: 60-day grace period, visa options, and transitioning to study

Question

- H1B 60-day grace period starts on the date of getting notice of layoff from the employer, on the date of the severance paycheck, or on the last date of the regular paycheck?

- During H1B 60-day grace period, what is the best time to apply for B1/B2? When 30 days are left, 15 days are left, etc.?

- H1B is for 6-years of work, or 6-years total? I mean does unemployment time or B1/B2 time etc. also counts in 6-years of H1B?

- After layoff on H1B, if decided to go to school, then how to stay in US until getting admission decision and until school starts, that could take many months.

- After layoff on H1B, what is the better option to choose between B1/B2 and F-1?

 

Answer

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Thursday, November 7, 2024 - 01:34

H-1B grace period eligibility after second layoff and B-1/B-2 visa options for job search

Question

I got laid off on H1B in my previous company but found and started a job in a new company within a 60-day grace period. Again, the current company has provided a notice period for layoff. Will I get a 60-day grace period again this time?

How easy it is to get a B1/B2 to find a job after a layoff.

 

Answer

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Monday, October 21, 2024 - 06:35

Concerns regarding nonpayment of wages and potential H-1B impact

Question

I arrived in the U.S. in the last week of May 2024, and despite innumerable requests, my employer has not run payroll for the weeks since my arrival. Could this pose any challenges for future H1B transfers, extensions, or I-140 processing? Is there a risk of scrutiny or denial due to this issue? If yes, could you guide how to mitigate this please?

Answer

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Tuesday, August 13, 2024 - 08:10

H-1B options as an F-1 student on STEM OPT in a nonprofit university: Cap-subject vs. cap-exempt strategies and transitioning to cap-subject H-1B in the future

Question

I am currently in my second year of OPT ( my stem OPT expires in December 2025), and I am working as a software engineer at a Nonprofit university.

Here is my plan for scenarios that might happen, and I need your help to tell me if I am on the right path or completely moving in the wrong direction.

My employer agreed to file an H1 at the end of the stem opt, but I plan to ask my employer (a non-profit) to file a cap-subject visa for me. Everything will be fine if they do and it gets picked. If not, I have a long-standing offer ( with a project ) from a consulting firm who will file for me.

- My question is, either way if lottery doesn't get picked i am planning to go with cap exempt route from my university.

- If I have an H-1B cap-exempt visa and my lottery gets picked any time in the future, the chances of the client waiting till Oct 1(visa start date) can be unpredictable. Is there a way to bypass this by moving to day one CPT or any other visa and starting working immediately with the client? I heard that it is practically impossible to move to cap subject if i have cap exempt visa and my priority is cap subject.
 

Answer

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Tuesday, August 13, 2024 - 08:06

H-1B extension pending: Impact of traveling to India using old visa, returning with 2-3 days remaining on visa, etc.

Question

My current I-797 and H-1B visa stamping is valid until 03rd December 2024. I have filed for an extension. Can I travel to India while my H-1B extension is pending? Does it have any impact on my I-797 approval and its validity period, as my I-94 will be changed upon my reentry to the USA?
I am traveling to India for Medical reasons in the month of September and will return on December 1st, 2024. If my H-1B is not approved by December 1st, Can I enter the USA with 2-3 days of Visa stamp validity, and what justification could I give with only 2-3 days of stamping validity?

If my H-1B is approved while I am out of the country or during transit, Can I enter the USA with the existing H-1B stamping?

My work is remote, and I can work from anywhere. Can you provide me with a better solution than the 2 options below?

1. If my visa is not approved by then, I will travel to India and return to the USA before December 1st.

2. I will continue to stay in India until I get my visa approved and get the stamping done before reentry to the USA. Premium processing is no option for me as my employer will not support citing RFEs as the reason.
 

Answer

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Monday, August 12, 2024 - 03:58

Impact of DWI conviction on H-1B holder's H-4 dependent visa stamping and future travel considerations

Question

I got a DWI in January 2024 and was convicted of two misdemeanors (DWI+ Eluding police) in June 2024. I have an H1B petition valid until 2027, and my visa stamping has already expired in March 2024. I'm not traveling to India for now, but my wife and kid are going to India in December. Will there be an impact on H4 stamping, which will be dependent on my H1B petition? Do I have to send all papers to them, like the court decree, the court certificate of registration of actions, the charge sheet, etc.? I have a home in the USA, which I bought in November 2022. Can I also travel to India? What will be my future in the USA? Please advise if there will be an impact on visa stamping on my wife's visa.
 

Answer

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Monday, July 29, 2024 - 02:35

H-1B Grace Period Related Issues

Question

I have just 50 days left on my H1B grace period, and I need to get an employer to transfer my H1B, or I will be kicked out of the States. My question is, which of the following paths should I choose?

1) I have a Canadian visitor visa, which is for six months, so can I go to Canada if I don't get a job by the grace period?

2) If I don't get an employer should I shift on B1/B2? If I do, how can I come back on H1B? Is there anything else you suggest to keep my H1B active?

 

Answer

Video URL

Monday, July 15, 2024 - 02:07

Eligibility for 1-year H-1B extension under 365-day rule based on PERM filed on November 1, 2023

Question

My PERM was filed on November 1, 2023, and my current visa expires on October 10, 2024. Am I eligible to apply for a one-year extension based on the 356-day rule? If so, is July a good month to apply for a one-year extension?
OR do I need to travel back to my Country and apply for an extension after 1st November 2024?

 

Answer

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Tuesday, June 25, 2024 - 12:37

Work authorization, visa stamping, and optimal strategy for a laid-off H-1B professional

Question

  1. I was on an H-1B visa and got laid off. I then switched to a B2 visa to extend my stay in the US after the 60-day grace period. My B2 visa is about to expire. I can request an extension of the B2 visa, but I want to enroll in a master's or a PhD program. Once I switch to an F1 visa, will I be allowed to work on H-1B (or any other visa) if I get a full-time job during my course period? If I am allowed to work, can I also continue my course?
  1. When the F1 is approved, will I have to leave the US to get my visa stamped and re-enter (as I am currently on a B2 visa)?
  1. What would your suggestion be considering the different visa options I have? Should I extend my B2 visa or switch to an F1 visa?

Answer

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    Monday, June 24, 2024 - 05:11

    Moving to India in 2025 on H-1B extension, I-140 portability, and future U.S. opportunities

    Question

    I need to relocate to India for family reasons in 2025. My I-140 has been approved for over 180 days, and my initial H1B visa is valid until August 2025. I want to keep my options open if I decide to return to the US in the future.

    1. Is there any difference in moving to India before or after filing for my H1B extension if I plan to return to the US with the same or different employer?

    2. Additionally, is there a time limit within which I must return to the U.S. with the same or a different employer with an approved I-140?

    3. Do I need to go through the H1B lottery again anytime if I want to return in the future?

    4. Does it matter if my PD is current when I return to the US?

     

    Answer

    Video URL

    Wednesday, June 12, 2024 - 09:53

    H-1B 60 days grace period H-1B transfer; Impact of switching to B-1/B-2; and family visa validit

    Question

    1. I am currently in a 60-day grace period due to a layoff and am in the process of finding a new employer to file an H1B transfer. I have two questions regarding my situation:
    If I apply for a B1/B2 visa on the 59th day of my grace period and it is approved within two weeks, can my new employer still file an H1B transfer using premium processing? 

    2. Specifically, I am concerned about the impact of my status change from H1B to B1/B2 and then back to H1B on the processing of the transfer.

    3. My family members hold a valid US visa stamping until March 2027, which was obtained using my previous employer's I-797. Can they enter the US using this existing visa with a copy of my new employer's I-797 at the port of entry?

     

    Answer

    Video URL

    Monday, May 27, 2024 - 05:34

    Procedure to recapture H-1B/L-1 time outside the U.S.

    Question

    During the last three years on H-1B, I have spent approximately one year outside of the US (multiple visits to India). What is the procedure to recapture that time and add it back to my H-1B total time?

     

    Answer

    Video URL

    Monday, May 27, 2024 - 05:23

    Options when H-1B project is canceled

    Question

    Scenario: Currently working for company A. Company B has filed H1B petition and gotten approval for Oct 1st start date. Unfortunately, Project with company B goes away before Oct 1 and company B doesn't revoke my visa before Oct 1st.

    1) Since I will automatically move to H1B on Oct 1st and I don't have that project anymore, can I continue to work for my current employer using the new H1B visa? (What options I have if I want to use the new H1B visa and work for the same employer?)

    2) In the same case, will company A be notified about my new H1B visa on Oct 1st?

    3) Will company A have to rehire me for H-1B transfer? or can I continue to work with them while the transfer is pending?

    4) How would it work if I find a new project through a new company C? Would they need to file for H-1B transfer as well ?

    5) What info can USCIS ask for H-1B transfer in that case? What sort of RFEs may come up?

     

    Answer

    Video URL

    Wednesday, May 15, 2024 - 09:21

    Benefits of National Interest Waiver

    Question

    Two general questions,

    1. What are the benefits of filing an EB2 NIW for a person whose I-140 has already been approved by an employer in the same category apart from NIW, not depending on your employer? Also, can you get your I140 approved priority date to your NIW?

    2. Is it possible to renew the H-1B visa stamp before expiration? For example, if my H1B expires on November 1st and I apply for a visa stamp in October with approved extension I797, Would I be able to renew it?

     

    Answer

    Video URL

    Friday, May 3, 2024 - 06:16

    What is Cap Gap Extension? How does it work?

    Question

    1) Is H1B cap-exempt to H1B lottery-based considered a change of status?

    2) If I currently have an H1B cap-exempt visa and am filing for an H1B petition in June, when can I not travel outside of the US - from now to June, June to Petition Approval, or from Petition Approval to Oct ? My current H1B visa would be valid until Nov.

     

    Answer

    Video URL

    Friday, May 3, 2024 - 05:40

    H-1B lottery layoff before start, Automatic status change, Multiple filings, and Traveling

    Question

    Case: Picked for H1B lottery.

    - What happens if the company lays off after June but before October 1? Would I stay on my current visa status? Or will I be on H1B but with a 60-day timeline to find the next job?

    - Does the status automatically change to H1B on Oct 1? or does immigration require paystubs for a couple of weeks to prove our employment?

    - If I file the petition with two companies separately, how will immigration decide which one to approve? Will they approve both?

    - Are there any travel restrictions from June to Sept

     

    Answer

    Video URL

    Tuesday, April 2, 2024 - 09:30

    Unemployment Benefits for H-1, H-4 + EAD Holders with Previous H-1B Employment

    Question

    Can someone in H4 + EAD status receive unemployment benefits if they only worked on H1b status? Would receiving such benefits be considered a public charge or have any other negative impact down the road?

     

    Answer

    Video URL

    Tuesday, February 20, 2024 - 05:03

    How to calculate time: H-1B grace period; H-4 COS; H-1B transfer delays

    Question

    Could you analyze the following situation from an H-1B 6-year Max Out perspective (No Approved PERM or I-140)?

    1. Employee gets laid off by her H1b employer on November 20.

    2. Employee files for H4 COS + EAD through spouse on January 10.

    3. Employee gets a new job on April 10 while H4 + EAD is still pending. New employer files for H1b transfer, though no premium processing.

    4. H1b transfer gets approved (I-797A with I94 issued) on June 10.

    5. Employee works on H1b status based on the approved petition from June 10 to July 10. H4 COS + EAD gets approved on July 10.

    My questions are:

    1. Does the November 20 - January 10 period (Grace Period) count towards the 6-year H1b Max Out?

    2. Does the January 10 - April 10 period (pending H4 COS + EAD) count towards the 6-year H1b Max Out?

    3. Does the April 10 - June 10 period (pending H4 COS + EAD and H1b Transfer) count towards the 6-year H1b Max Out?

    4. Once the H4 COS + EAD petitions are approved, would the January 10 - July 10 period be counted as "Time Spend in H4 Status" based on the pending petitions that eventually got approved? If not, which period can be claimed as "Time Spend in H4 Status"?

    Also, how does USCIS keep track of all this? Is it the responsibility of the employee to make the case to USCIS and claim time as "Spent in H4 Status"?

    Answer

    Video URL

    Tuesday, February 20, 2024 - 03:34

    FAQ: H-1B visa and entrepreneurship: Launching a business with US citizen brother, Shareholding, Green card

    Question

    I am currently on an H-1B visa. I am planning to start a business with my brother who is a US citizen and needs some guidance.

    1) Until the business is operational and generating revenue, can I just be a partner in the company without doing any work visa application with it?

    2) Can I have more than a 50% share in that company? If so, would that impact anyhow my H-1B with the current company?

    3) In the future, if I want to file for concurrent or full-time H-1b through the new company, is it difficult to get it approved if my brother and I are the partners of the company?

    4) Once I am on an H-1B visa in this new company, can the company file for my green card in the EB-1 or EB-2 category?

    5) Does the company need to meet any specific conditions before sponsoring for H-1B and Employee-Based Green Card such as being E-Verified or having at least few citizens before hiring non-citizens?

    Answer

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    Tuesday, February 20, 2024 - 03:16

    Blacklisted employer, F-1, H-1B, L-1 turned back at the airport

    Question

    My friend's F1 visa was recently revoked, and he was forced to return to India because his first employer had been placed on a blacklist. Also, he has applied for an OPT extension, which will provide him with an updated EAD, but we don't know how this would affect the process of getting the New EAD. He is working with a firm on a contract job now, but the end client which is a state gov company is considering him for Full time and can sponsor him for H1B. His old EAD expired on the 9th of January. He was traveling from India to the States on the 4th of January and was sent back. Questions: Is there any way that he could reinstate his Visa? Can the company sponsor H1B directly, if so what documents would the company need? If the H1B is picked, when can he travel back?

    Answer

    Video URL

    Monday, February 5, 2024 - 02:16

    The path for an entrepreneur from STEM OPT or H-1B

    Question

    I'm on F-1 OPT with a STEM MS Degree. If I put a startup, I will be performing my roles directly related to the degree.

    1) To establish employer-employee relations would having a board of directors be sufficient during STEM OPT?

    2) If I apply for EB2-NIW and get I-140 approval then can I immediately shift to other non-tech roles within my startup (CTO -> CEO) Or do I have to wait for 6 months before doing that, all the while when I-485 is pending?

    3) If I shift immediately and use I-485 EAD instead of F-1 EAD, then can that lead to I-485 being rejected?

    Should I wait at least 6 months before using I-485 EAD? Also, if the startup fails, does that discontinue my I-485 process having approved I-140?

     

    Answer

    Video URL

    Friday, January 26, 2024 - 04:44

    Optimizing H-4 EAD options and bundling premium processing for H-1B and H-4 extensions

    Question

    Currently on an H-4 visa valid until June 2024. I'm seeking your advice as I try to figure something out.

    I'm a bit unsure about when to apply for my Employment Authorization Document (EAD), and I am considering the following options:

    Option 1: Apply for H4 EAD now (first time - applying separately) since my I-94 is valid until June 2024. If I do this, can I keep working after June 2024 while the H4 extension and H4 EAD are in the approval process if the H4 extension is applied before June 2024?

    Option 2: Apply for H4 EAD (first time) + H1B extension + H4 extension using the Premium processing option, probably during June 2024. Will the H4 EAD be approved in 15 days if all three (H4 EAD, H1B extension, H4 extension) are applied together in premium processing? Also, will the H4 EAD have a validity of three years if the H1B and H4 extensions are approved for three years?

    Please guide me on which option is simpler and better or any other better solutions.

     

    Answer

    Video URL

    Thursday, January 25, 2024 - 07:20

    H-1B lay off 60 days grace, options including B-1/B-2, approved I-140, Severance pay

    Question

    Many have asked this question before, but since rules and situations are always different, so here I go - I'm on H1B with an approved I-140.

    A layoff recently impacted me - my last day on payroll is 10th Feb 2024. I will also receive a severance (lumpsum) within 75 days of Feb 10th. My questions are -

    1) Given the market, it may take more than April 10th to finalize an offer and start the H1B transfer. What are the options ( if any ) to extend my stay beyond April 10th?

    2) Many suggest applying for B1/B2 (I'm single, have no spouse to move to H4, etc), but I also hear if it's rejected then the time of my stay after April 10th will be an illegal presence, is that true?

    3) Say I receive the severance lump sum on March 15th -- are the days from Feb 10th until March 15th counted on company payroll?

     

    Answer

    Video URL

    Tuesday, January 23, 2024 - 02:07

    Advantages of a National Interest Waiver, transitioning to EB-1, entrepreneurship, and H-4 employment for spouse

    Question

    I entered the US to complete my Masters on an F-1 visa in 2018, I got my H1B visa approved in Oct 2022. I was planning to go for a green card through the EB2 NIW route. I have a few questions, which are as follows:

    1. Suppose that I got EB2 NIW approved and I am waiting in queue for a green card, but I went back to India and worked in India (employer may or may not be related to the US). Can I collect my GC whenever the priority date becomes current?

    2. Suppose that I have already applied for an EB2 NIW visa but then I build my profile and want to apply for an EB1 visa, can I do that?

    3. When can I start my business/startup during the EB2 NIW application process? or Do I need to wait until the visa is approved to start a business?

    4. When can my wife start working on an H4 visa? Is it during the EB2 NIW application process? Does she need to wait until the visa is approved?

     

    Answer

    Video URL

    Tuesday, January 23, 2024 - 01:54

    Implications of visa fraud by an employer on H-1B, L-1, green card, citizenship

    Question

    I am exploring my options to file a new H1B and would be great if you could provide any suggestions or insights on my current situation.

    My details are -

    1) I have my I140 approved in 2013 with an Employer (XXX IT Services Inc) and had multiple successful H1B extensions until 2017.

    2) My latest.H1B had an I-94 expiry date of May 30, 2017. The extension was timely filed on May 16, 2017.

    3) The work location changed in October 2017 and an Amendment was filed when my above H1B extension petition was still pending.

    4) Amendment Petition was upgraded to premium service in December 2017.

    5) I continued to work for it until September 2019 as no decision was made by USCIS on my amended petition.

    6) I exited the USA in October 2019 to join my wife and kids who were stuck in India for all these years.

    7) In the middle of the year 2020, administrative processing was lifted on my petition and an RFE was issued. However, as I was already out of the USA, no response was given.

    At this point, I came to know that my Employer (XXX IT Services Inc) got into a visa fraud and money laundering case and served a jail sentence as well by 2020. Employees weren't made aware of it at all. Probably that's the reason for not hearing this long.

    My questions are-

    (A) Will USCIS consider my stay between May 2017 and October 2019 as unauthorized, will there be a 10-year bar on me?

    (B) Can I apply for a waiver of inadmissibility on the grounds of an administrative processing hold on my last petition and I left before the decision was taken?

    (C) Will my employer's visa fraud case impact my H1B approval in the future?

    Answer

    Video URL

     

    Thursday, January 11, 2024 - 09:02

    H-1B laid off: grace period, last employment date, health insurance, and legal stay during change of employer

    Question

    1. On my H-1B visa, my last day of employment was date X, but my last paycheck was until date Y but this paycheck was for Severance pay. So, my H-1B 60-day grace period has started from date X or date Y?

    2. Is it mandatory to have health insurance during H-1B 60-day grace period or beyond, and would it affect status or future visa/immigration if failed to get health insurance for some time?

    3. If H-1B change of employer is filed during H-1B 60-day grace period, but during this transfer process 60-day grace period is ended, then is it legal to stay in the U.S. during this period while H-1B change of employer is in process? Or is there a way to stay in U.S. during that period?

     

    Answer

    Video URL

    Thursday, January 11, 2024 - 04:44

    Transitions From H-1B job loss to B-2 status and impact on future H-1B employment

    Question

    I entered the country back in 2019 to complete my Masters degree (F1 Visa). I am on an H1-B visa, which was approved last year (10/01/2022 - 10/10/2025). However, I have yet to go to India, so visa stamping is incomplete. I got laid off on December 14, 2023, so I am on my 60-day grace period. Suppose I cannot secure a new role within the 60-day grace period. In that case, I am considering changing my status to a B2 visa to extend my stay and continue looking for an opportunity. However, since my H1 visa is not stamped, will that create an issue filling for a change of status to a B2 visa? And when I land a new job returning from B2 to H1, would that be an issue since the visa won't be stamped either?

     

    Answer

    Video URL

    Thursday, January 11, 2024 - 04:08

    Holding two full-time IT jobs on H-4 EAD

    Question

    Can one do two full-time jobs in IT/Software development when on H4 EAD? Is there any downside to it on any kind of future approvals by USCIS?

     

    Answer

    Video URL

    Wednesday, December 20, 2023 - 00:53

    Converting from B visa to any other status such as H-1B, etc.

    Question

    I have a valid B-1 visa and have traveled to the US recently in April 2023. Now my H1B petition has been approved, and I am eligible for Dropbox. My employer is telling me that if my case does not get approved in Dropbox, he is asking me to travel on B1 and then get the status converted to H1B. In my I-129, it was mentioned as a change of status, as my I-94 was valid when my H1B was approved. I wanted to know if there will be any issues with coming to the US on B1 and changing the status if they call me for an interview in Dropbox. Also, I want to know if it is possible to switch employers with an approved H1B petition before getting my visa stamped. If I change the employer, will it have any issues?

     

    Answer

    Video URL

    Wednesday, December 20, 2023 - 00:53

    Converting from B visa to any other status such as H-1B, etc.

    Question

    I have a valid B-1 visa and have traveled to the US recently in April 2023. Now my H1B petition has been approved, and I am eligible for Dropbox. My employer is telling me that if my case does not get approved in Dropbox, he is asking me to travel on B1 and then get the status converted to H1B. In my I-129, it was mentioned as a change of status, as my I-94 was valid when my H1B was approved. I wanted to know if there will be any issues with coming to the US on B1 and changing the status if they call me for an interview in Dropbox. Also, I want to know if it is possible to switch employers with an approved H1B petition before getting my visa stamped. If I change the employer, will it have any issues?

     

    Answer

    Video URL

    Friday, December 8, 2023 - 07:08

    Employee paying for green card and H-1B premium costs and Using an old H-1B visa stamp of a different employer

    Question

    Question 1

    1. Is it legal for an employee to pay all the expenses of a green card (eb2 / eb3), such as cost of attorney, pwd, recruitment, perm, I140 premium, I485, etc.?

    2. Is it legal for employee to pay the cost of h1b premium transfer?

    Question 2

    My question is related to H1B stamping.

    I have a stamped visa till April 2024 from my previous company.

    I have a new I-797 from my current company.

    Do I still have to go for Visa Stamping if I visit India in December 2023.

     

    Answer

    Video URL

    Friday, December 8, 2023 - 07:03

    H-1B visa transfer before arrival into the USA

    Question

    This is regarding the H-1B transfer from India before working for Employer.

    I have the H-1B visa stamped with employer A, but now I want to transfer the H-1B to Employer B. I have not yet entered the USA and I have not started working for employer A.

    Can I transfer the H-1B visa to new Employer B, and what are the mandatory documents that are required?

    Also, I wanted to know if the pay slips are mandatorily required for H-1B Transfer as I don't have any. Looking for more details about pay slip requirements.

    If I can transfer my H-1B to Employer B, then should I travel to the USA and then start the process or should I do it from India?

     

    Answer

    Video URL

    Monday, November 20, 2023 - 06:11

    Handling a temporary break on the H-1B visa: Transitioning from work to school and back

    Question

    I am working on an H-1B visa, and I want to leave my job and join full-time school for a couple of years. I want to start working again using my same H-1B visa when my studies are completed. So, how can I do that by staying within the U.S.?

     

    Answer

    Video URL

    Monday, November 20, 2023 - 06:07

    Working outside the United States on H-1B visa and the implications for remote employees

    Question

    Is there any legal limit on how many days a H-1B employee can work outside the  United States? A quick search around forums, I came across 30 workdays to 60 workdays being the limit BUT it was a comment from someone and hence unreliable.

    My workplace in the USA is my home, I am fully remote and LCA filing has Place of Employment Information as my home address in the USA. I got picked on H1B just this year and I have been outside of the States since the 23rd of September. My H1B obviously started on Oct 1st and I have a situation here at my home and only planning to return in the middle of December. I had/have some days of leave/vacation in October and November. So, won't be fully working. I counted the days that I will work till mid-December, and it summed up to about 42.

     

    Answer

    Video URL

    Monday, October 23, 2023 - 06:01

    What is a 212(a)(6)(c)(1) refusal of visa?

    Question

    My entry into the United States was denied a few months back, and my H1B visa was canceled saying that I need to re-apply for a new visa and I agreed to that. A few days back I attended an interview on H4, but the interviewer was asking about the canceled visa and gave me a refusal worksheet Section 212(a)(6)(c)(1). I'm wondering what's happening here, could you please help me with this?

     

    Answer

    Video URL

    Tuesday, September 12, 2023 - 05:44

    H-1B approved after the lottery, can we change employers? Multiple employers in H-1B lotteries

    Question

    Question 1: Can my H-1B be approved after the lottery, and can I change employers?

    Question 2: Do I need pay stubs for an H-1B transfer?

    Question 3: Can I have multiple H-1B employers?

     

    Answer

    Video URL

    Monday, August 28, 2023 - 05:24

    Difference between H-1B consular processing and change of status

    Question

    I am on my STEM OPT, and it is valid till July 2024.

    My H1B was picked(March 2022) and approved(August 2022) last year.

    However, my H1B was approved under the Consulate processing and received ( I-797 B). So, I asked my employer about it and got to know that I can change to H1 status whenever I intend to or after my stem opt expires.

    I am planning to go to India in Oct for stamping. So I asked my employer to change my status to H1B, and they mentioned COS is not needed, I can directly go on STEM OPT and get my H1B visa stamped. It will automatically change the status to H1B.

     

    Answer

    Video URL

    Monday, August 28, 2023 - 05:19

    Green card processing, F-1 visa, and H-1B transition: Travel and work considerations

    Question

    I am on an F1 visa, and My spouse is on a Green Card. My Green Card through my spouse is under processing(I-130 under Review). I am graduating in March 2024. My questions are as follows:

    At what stage in my Green Card Processing can I start traveling outside the USA?

    Let us consider my GC is still under processing by the time I graduate and enter the job market:

    A)Can my employer file an H1 while my Green Card is under processing?

    B)Given my H1 got picked, will there be any issue for me to travel to India to get my H1 stamped?

     

    Answer

    Video URL

    Wednesday, August 16, 2023 - 06:19

    Job loss situation - Alternatives and return options for H-1B visa holders with approved I-140

    Question

    I have an approved I-140 (Approved in Feb 2022) which is already 6 months past the approval date & my priority date is August 2020. I am currently on H1B visa where I have already completed my 1st 3 years and currently am on the 1st 3 year extension.

    My question is :

    1.If for any odd reason I lose my job in the US, and I am not able to find another job within the 60 days grace period, what alternatives do I have within the US and find a job (H4 is not an option for me currently) ? Would joining a consultancy be a safe option to stop accruing unlawful presence OR compelling circumstance EAD ?

    2. If I decide that going to India is a better option and want to come back after some time to the US, would I be subject to the H1B lottery at any point in future if my 6 years of H1B is exhausted ? What information or documents are needed to assist for returning back to the US ?

     

    Answer

    Video URL

    Tuesday, August 1, 2023 - 23:55

    Starting a new venture as an H-1B visa holder: Establishing an LLC/CCORP and Involvement as a Board Member and Founder

    Question

    1. How can I set up an LLC/CCORP company for a startup while on H1B?

    2. How to become a board member and founder without being an employee while maintaining legal H1B status as per USCIS?

     

    Answer

    Video URL

    Tuesday, August 1, 2023 - 23:53

    H-1B visa holder working remotely from India: Permissibility of working for an Indian company and also starting a business in India

    Question

    I am on H1B with company A and currently working remotely from India. Given US rules don't apply in India -

    1. Can I work for company B which is based in India and whose payroll also runs in India?

    2. Can I start my own company in India while being on H1B for a US company?

    Answer

    Video URL

    Thursday, July 20, 2023 - 00:02

    Transfer an approved H-1B selected in the lottery to a new employer before October 1st

    Question

    I am in the F1 OPT period and I worked with Amazon from August 2022 to May 2023. My H1B got picked in the lottery this year, and got it approved in June 2023. Currently, I’m in my 90-day period of unemployment, and would possibly get a new job with another employer before it ends.

    I don’t want to lose my H1B this year. Is there any way that I can transfer my approved H1B to the new employer?

     

    Answer

    Video URL

    Wednesday, July 19, 2023 - 23:59

    Legal options and factors for a future stay in the USA; not selected in H-1B lottery, Master's Degree, and passport renewal

    Question

    Currently, I am holding a STEM OPT from May 2022 until May 2024 (2 years).

    My employer had applied for H1B this year and last year but had no luck.

    Question and suggestion, please:

    1) What are my legal options?

    1.1 Apply for H1b next year in March and wait for the result, In case H1b is picked, how do I process it as my STEM opt expires in May 2024?

    2) Enroll in university for the Master's degree?

    2.1 I have a few classes remaining for my master's as I have finished my bachelor's degree in the USA and I take Day One CPT? Once a master's degree is complete, reapply for OPT and STEM OPT.

    2.2 Should I continue to apply for H1B in the meantime?

    3) If I apply for Master and Day One CPT, do I need to enroll for May–August 2024 (the summer class) or can I enroll for Fall 2024?

    Note: STEM OPT Expires: May 15, 2024, or please suggest any other better option to stay in the USA.

    Lastly, my passport expires in May 2024 as well. Is there any problem there?

    - I'm thinking of starting the process for the renewal online. Should I do it now or wait for some time?

     

    Answer

    Video URL

    Wednesday, July 19, 2023 - 23:56

    EB-1C (International Managers and Executives): Eligibility for H-1B managers in the USA

    Question

    I started working in the USA at my current company as a technical engineer, and they sponsored my GC application under the EB2 category. Recently, I was promoted to a manager position where I now oversee a team of 10 individuals. I'm wondering if I qualify to apply for a GC under the EB1 category based on my managerial role.

    What are the available avenues to pursue a GC under EB1 as a manager in my current situation?

     

    Answer

    Video URL

    Wednesday, May 24, 2023 - 03:33

    Transitioning from H-1B to I-485 GC EAD: maintaining status and re-employment considerations

    Question

    I have received my GC EAD based on my dependent status and am currently on an H-1B visa. However, the project I am working on will soon come to an end.

    Do I still need to maintain my H-1B status, or will I automatically be in GC EAD status if I stop maintaining H-1B?

    If I take a break from work while on GC EAD and then resume working after a 3-4 month period, will my immigration status be unaffected?

     

    Answer

    Video URL

    Tuesday, May 23, 2023 - 03:29

    What are the consequences of H-1B or green card fraud or misinterpretation? How does it affect my departure, assets and financial matters?

    Question

    If I am convicted of H1B/Green Card fraud or misrepresentation, resulting in a permanent entry ban, the following inquiries arise:

    How soon must I depart from the US?

    What will happen to my assets, such as my house and bank account funds? Will they be subject to seizure?

    Can I sell my house and withdraw the money before leaving the US?

     

    Answer

    Video URL

    Monday, May 8, 2023 - 00:24

    Potential visa complications for an H-1B visa holder due to past employment with a blacklisted company and alternatives for obtaining an H-1B stamp

    Question

    I came to the US in Aug 2015. Completed masters in 2017. Started OPT on 07/2017. When applying for OPT EAD I joined employer AZTech Technologies. I joined as an intern and was there for like 4 months. He responded for 2 months during training, after a couple of months employer did not respond at all. I got a doubt and found another job and moved to a different company. Later I got an H1B and I 140 approved. I am planning to go to India this August 2023. Recently I found out through social media that the company I joined in the initial stage of OPT EAD was a black listed company. Most people who joined those similar companies' visas got rejected when they went for stamping. I am going for H1B stamping. Will there be a problem in my case? Could you please advise me in this case? In an emergency situation, I need to go to India. I heard from some friends and social media groups out of my research that I can go get stamping done in other countries and then travel to India and can be back to the US. 

     

    Answer

    Video URL

    Monday, May 8, 2023 - 00:21

    Options for extending stay in the U.S. after layoff as an international student pursuing a Master's in IT

    Question

    I moved to the USA to pursue my Master's in IT. Unfortunately, I have recently been affected by mass layoffs in the tech industry, leaving me with only 30 days to extend my stay in the country to address household responsibilities and potentially secure a full-time job.

    I have researched a few options for extending my stay and would greatly appreciate your guidance on these alternatives:

    1) Apply for a B2 visa promptly: This option would allow me to remain in the country for an additional six months (until July or August) and continue my job search.

    2) Enroll in a community college and obtain an I-20: Many community colleges do not require GRE or TOEFL scores, and their Fall semester usually begins in mid-August. This cost-effective choice would give me time until December, and I could transfer any earned credits to a university if needed.

    3) If more time is required, I could join a university in the Spring semester and transfer my community college credits. However, I understand that applying for an MS or PhD program would necessitate a direct application to the university.

     

    Answer

    Video URL

    Monday, May 8, 2023 - 00:19

    H-1B or green card misrepresentation: Legal options and consequences for fighting back against USCIS

    Question

    1. Have you taken cases of H1B or GC fraud or misrepresentation?

    2. What are the consequences if caught - Just losing status and deportation? Can it lead to Jail in any case?

    3. Can we fight back in court to justify our case and win against USCIS?

     

    Answer

    Video URL

    Monday, May 8, 2023 - 00:16

    Switching employers while one's spouse is on an H-4 visa and the steps to ensure a smooth return to the U.S.

    Question

    If I change my employer while my wife is in India on an H4 dependent visa, will she be able to return to the US even though her visa stamp bears my old employer's name? She has valid stamping till Sept 2024. What steps should we take to ensure a smooth return to the US for her?

    Answer

    Video URL

    Wednesday, April 26, 2023 - 05:05

    Impact of job changes on pending I-140 and/or PERM applications for H-1B holder

    Question

    If your company files a new PERM for a different role within the same organization after your initial I-140 is approved, will the initial I-140 still be active?

    If your employer revokes your initial I-140 more than 6 months after it is approved and you move to a new role within the same company, is there any risk involved?

    Will every organization need to apply for a PERM again in the future if you switch employers? Can you work for an organization that is not ready to start your PERM process, and can you use your previous approved I-140 to extend your H1B for a new employer?

    If you lose your job post I-140 approval and don't find a new job within 60 days, can you still apply for jobs while outside the United States? Will your last approved I-140 still be active?

    What are the cases or situations in which you can lose your I-140 or priority date (i.e., your approved I-140 is revoked)?

     

    Answer

    Video URL

    Sunday, April 23, 2023 - 10:01

    H-1B transfer process for laid off employee

    Question

    Hello, I have been laid off from Amazon, and I am unemployed since March-20, I got one offer from another company, and they did my immigration assessment, they told me that I do not have enough time and its difficult to ensure that I will not go out of status within this time saying that they have rejected my application. If I just file LCA my unemployment days will stop, or they will have to file my H1B change petition only then will I be able to save my status. Also, will I get 60 days grace period for each H1B petition?

    Answer

    Filing an LCA is not enough. In order to stop the running of the 60-days grace period and to start working, your H-1B transfer petition must be received by the USCIS within the grace period.

    The grace period is not a one-shot deal. You will get it whenever you are in the layoff/cessation of employment situation again.

    Thursday, April 6, 2023 - 05:19

    What to do if one is in India during the PERM and I-140 approval process

    Question

    I'm on H-1B with employer A and am currently in the PERM process(recruitment done). I'm in India right now and would like to know what happens if:
    1) PERM approved and i140 filed; (while I'm in India)
    2) Receive PERM audit; (while I'm in India)
    3) I-140 approved and Post I-140 approval; (while I'm in India)
    Do I need to return to the US in any of the above scenarios? Any worst-case scenarios I should keep in mind?

     

    Answer

    Video URL

     

    Thursday, April 6, 2023 - 05:11

    Marriage and relocation to the U.S.: Quickest path for the prospective fiancé of a U.S Citizen living in India

    Question

    My sister is in India and the prospective groom is a US citizen. They have concerns about how to proceed with marriage and relocation of the girl to US in a timely manner (prefer not to wait more than a year for marriage/ living together post-marriage for personal reasons) Current fiancé visa processing time seems to be 15 months. It was not this long pre-covid, realistically can this processing time reduce this year? If they do marriage in India first, what’s the quickest way for her to come to US and how long would it take She has a valid B1. Can she travel on that to US post-marriage for 5-6 months only without any risk to her green card application? She is trying to get an L1-B visa through her current company. Will that visa approval be affected if they get married in the meanwhile? In short, what is the quickest path for her marriage & relocation to the US right now?

     

    Answer

    Video URL

    Thursday, April 6, 2023 - 05:08

    Handling H-1B visa and layoff : What happens if I get laid off before or after stamping my visa in India?

    Question

    I got my H1B visa approval recently and I have got my stamping date in May. My company is going through a bad phase financially and has had 2 layoffs (might do another layoff in next few months) I go to India for stamping and get laid off before getting my visa stamped (Can I come back to the US with 60 days left? Can I get my visa stamped if my company pays me for another month or so considering that my last day is a month later? Can I get my visa stamped even if my last day has passed)I go to India for stamping and get laid off after getting my visa stamped (can I come to US and do my job search) If I get laid off while in India but have an offer letter from another company (H1B transfer done/ transfer to be done after returning to US)

     

    Answer

    Video URL

    Sunday, March 26, 2023 - 10:23

    Multiple visas on passport: B-1/B-2 and H-1B Validity

    Question

    Namaste! Rajiv ji, I have been listening to your podcasts discussing various situations and scenarios with valuable information about real life examples you share during your weekly podcasts and want to thank you for your time helping people like me through your forums. I have a question if you could share your thoughts on it I will greatly appreciate your response. If someone has a B-1 B-2 Visa valid for 10 years. Then they get H-1B Visa for 3 years and enters US using it. What happens to the B-1 B-2 Visa? Is it cancelled after H-1B is issued? If not, what if H-1B Visa expires or if it is revoked prematurely, does B-1 B-2 Visa still remain valid and can be used for travel in and out of US? Thank You!

    Answer

    The SOP should be that all existing visas are revoked when you apply for an H-1B. But, normally, consulates do not revoke existing visas like B-1/B-2. In such cases, those visas are still valid.

    Saturday, March 25, 2023 - 05:15

    H1B transfer from cap exempt to non-exempt

    Question

    I want to know how to transfer H1B from cap-exempt to non-exempt.

    Answer

    You will have to go through the lottery system to transfer. But concurrent employment is possible, keeping both exempt and non-exempt H-1B jobs simultaneously.

    Saturday, March 25, 2023 - 05:11

    1099 on 2nd Concurrent H1B

    Question

    Can I work part-time as 1099 (independent contractor) on a (concurrent) 2nd H1B? The work is related to my expertise/education and I currently have a full-time primary H1B employment.

    Answer

    An H-1B requires a W-2.

    Saturday, March 25, 2023 - 04:55

    Does an H-1B Transfer approval overrule an earlier transfer?

    Question

    I am on my 60 days grace period. I am doing H1B transfers and have one offer from a staffing company that I have joined already, and one offer from a full-time company. The staffing company has filed an H1B transfer in premium, and the full-time company is yet to file this coming week.

    I have joined the staffing company. Suppose if H1B transfer with the staffing company gets approved this coming week. Does that transfer from my ex-company to a full-time company still stay valid, or now as H1B with the staffing company is approved I have to transfer it from staffing to a full-time company?

    Answer

    If two companies file for your H-1B transfer within the 60-day grace period, both approvals of the transfer are valid. One does not overrule the other. You can choose either one.

    Wednesday, March 15, 2023 - 01:04

    Volunteering on a non-profit board committee while on H-1B or H-4 visa: Implications for visa stamping and green card process

    Question

    Can a person on H-1B or H-4 visa be on the Board committee (Vice President) for the US based non-profit religious organization without pay (volunteer) ? Would it create any issue on visa stamping or GC process?

    Answer

    Video URL

    Wednesday, March 15, 2023 - 00:50

    Filing H-4 and H-1 simultaneously || Status of F-1 once H-4 is approved || Most efficient way to get EAD F-1 or H-4?

    Question

    My case in brief:

    I am currently of F1 OPT (STEM), valid until 15th June 2023.

    My company will be filing for H1B this March.

    However, I am wondering if I should be filing for an H4 visa simultaneously.

    Could you tell me how long it takes for an H4 visa and an h4 EAD to process?

    If I file for an H4 visa in February, would I lose my f1 visa as soon as the h4 visa is approved?

    Is there any new policy where I can get h4EAD sooner? And moved my F1 EAD to h4 EAD without any employment gap?

    Should I wait for the h1b result before applying for an h4 visa?

    What is the best scenario to switch from F1 OPT EAD to h4 EAD, without/minimum employment gap?

     

    Answer

    Video URL

    Thursday, March 9, 2023 - 03:30

    H-4 visa dependent children change of status to F-1 before 21

    Question

    My daughter was born in Canada and is on my H-1 visa as an H-4 dependent. She is currently studying 2nd year of her Bachelor's degree and will turn 21 in July/2024. I have a couple of questions, and they are
    1. By what date/age she needs to change her status from H-4 to F-1?
    2. Once on F-1 status, are there a minimum number of months/semesters/years she has to complete before being eligible for a CPT or OPT?
     

    Answer

    Video URL

    Thursday, March 9, 2023 - 03:27

    Can H-4 EAD start a Business in any State? Can a relative's company file H-1B?

    Question

    Can an H4 EAD holder start a business in any state, or do they have to be in the same state as the primary applicant's H-1B?

    Another question is can a relative's LLC file for H-1B if they have a need and it aligns with my MS coursework?

     

    Answer

    Video URL

    Thursday, March 9, 2023 - 03:18

    Can H-4 visa (no EAD) holders take an unpaid internship?

    Question

    I am an LLM student on H4 (no EAD). My college offers paid and unpaid supervised externships (optional classes) for 2/3 credits as part of our course. Can I participate and work in an unpaid supervised externship on H4 without EAD?

    Answer

    Video URL

    Thursday, March 9, 2023 - 03:12

    FAQ: Multiple companies applying for H-1B Cap registration - H-1B lottery

    Question

    I am an international student currently of F-1 visa status and will be graduating in May-23. I have the below questions:

    1. Can multiple companies / employers apply for H1-B on my behalf in this upcoming H1-B cap pool?

    2. If yes, is there a possibility that the employers might get to know about this?

    3. Should my name in the passport and birth certificate match exactly? My birth certificate has an abbreviation my last name but my passport has my complete last name.

     

    Answer

    Video URL

    Thursday, March 9, 2023 - 02:55

    Criteria for national interest waiver || NIW for physical therapists

    Question

    I am on H-1B working in the IT industry. My wife has H4 EAD, and with the same status, she is working in the hospital as a Physical Therapist.

    1. Can her employer file for GC while she is on H4 EAD status?

    2. If she is eligible for NIW, could you please let me know if the PWD and PERM are both required if her employer file for GC?

    3. Can she use my priority date to file an adjustment of status?

     

    Answer

    Video URL

    Tuesday, February 28, 2023 - 20:16

    H-1B layoff options - Going to home country and applying for jobs, going through the lottery again and documents required to apply for a new visa to explain missing pay stubs

    Question

    I am on an H-1B visa and recently got laid off.

    If I don't find a job within the 60 days grace period:

    1. Can I go back to my home country and keep applying for jobs and then come back once I get one? If yes, would I have to go through the lottery again?

    2. If not, what are my options?

    3. What additional documents do I need to provide while applying for my new visa to explain the missing pay stubs?

    4. What does the company that let me go send to the USCIS as documentation for termination of contract?

     

    Answer

    Video URL

    Tuesday, February 28, 2023 - 20:03

    H-1B visa cap exemption - How does the 6-year rule work?

    Question

    I got a H-1B approval in 2020 and stamping was done in 2022, due to personal reasons, I have decided not to travel to the US. My question here is at a later point in my career, will I be eligible for the CAP exemption for the different sponsor, even If I never visited the US using the stamping? Also whether this cap is exempt till 6 years from approval time or forever(but the 6 years clock starts from the time I enter the US)?

     

    Answer

    Video URL

    Monday, February 27, 2023 - 07:56

    Is cap gap extension continuation of F-1 status?

    Question

    My F1 status will end with EAD, correct? EAD ends on June 25th and in July-August I was planning to use H1b Cap gap until I start my PhD program

    Answer

    See this link: https://studyinthestates.dhs.gov/students/h-1b-status-and-the-cap-gap-e…

    U.S. Department of Homeland Security established regulations that automatically extend F-1 status and, if applicable, post-completion OPT employment authorization from April 1 to Sept. 30 for eligible F-1 students. We call this the cap gap extension. The cap refers to the limit on the number of individuals who can receive H-1B status every fiscal year. The gap is the period between the end of an individual’s F-1 status and the beginning of the individual’s H-1B status. The cap extension allows for some F-1 students to extend their F-1 status and/or authorized period of post-completion OPT until they transition to the H-1B status on Oct.1.

    Tuesday, February 7, 2023 - 06:01

    Can certifications and courses qualify me for an H-1B?

    Question

    I am currently pursuing 6-month online certification program in "management" domain from the Indian Institute of Management (IIM) here in India and this IIM has been awarded the EFMD Quality Improvement System (EQUIS) accreditation by EFMD, the globally recognized international organization for management development. This institute has AACSB (The Association to Advanced Collegiate Schools of Business) accreditation in the US. I have bachelors in chemical engg from India and masters in chemical engineering from the US. I plan to use the H1B remainder option to come back to the US and would like to change careers.

    My question is as follows :
    1. Is the "online certification in management" that I am currently pursuing from the AACSB accredited institute as mentioned above considered valid and acceptable by the USCIS for changing careers from chemical engineering to managerial roles such as e-commerce/software domain on H1B?
    2. I have also done courses in management, data analysis, economics, computer programming and other math related courses at undergraduate level in chemical engineering and would like to know if these courses would be of any help to change domains as transcripts for bachelors and masters degree are requested during the H1B processing?

     

    Answer

    Video URL

    Tuesday, February 7, 2023 - 03:10

    Risks and factors involved when H-1B transfer approved and not joining the new employer

    Question

    Question 1: If H-1B transfer is approved but not joining the new employer, then what all is required to be done to avoid any problems? - Is it required to withdraw all approved H-1B transfer petitions in that case?  What is the validity of H-1B transfer approval?

    Question 2: I am currently working for Company “A” on an L1A visa which is valid until 09/12/2024. I have my i140 approved that was filed by company “A” in EB2 with May 2019 as the Priority date. I am from India. Company “B” filed my new H1B.
    My new H1B petition (I 797A, notice of action) and accompanying request for a change of status got approved on Dec 21st 2022. Employer “B” shared with me the approval copy only on 29th Dec 2022. I 797A, notice of action says my new I 94 is valid from 12/21/2022 until 10/10/2025. Will my work authorization status in the US reflects as H1B only if I submit my new Form I-9 through employer B? or is it already effective from the date of H1B approval i.e., 12/21/2022?
    Is there a time limit within which I have to resign from my current employer “A”? What’s the maximum number of calendar days I can continue with my current employer “A” from the date of my new H1B approval i.e., 12/21/2022?

     

    Answer

    Video URL

    Monday, February 6, 2023 - 02:09

    Layoff while on an H-1B visa - what if I cannot find a job in 60 days?

    Question

    1. I am on H1B VISA and was notified that my employment will end on January 20th. I am actively seeking new job opportunities. Can you please let me know what happens if I am still interviewing after 60 days and become out of status? 
    2. Do I have any other options to change my VISA status before/after my employment is terminated and I fail to secure a job before the 60-day period is over? 
    3. Does my VISA become invalid after the 60 days or can I still find a job and reactivate it if I get an offer after the 60-days?

    Answer

    Video URL

    Monday, February 6, 2023 - 01:03

    Entering the U.S. on a visitor visa while green card is pending || qualifying for Visa Waiver Program (VWP) || Spouse visa through H-1, L-1, or O-1 || Any special visas for UK, EU, Singapore, Dubai or Australia

    Question

    Have any rules changed regarding getting a spouse visa through H1, L1, or O1? Also is traveling on a tourist visa to the US after marriage not ok, with a pending GC application? Finally, does the US have any special agreements with the UK, EU, Singapore, Dubai or Australia for visas that may qualify in this scenario?

    Answer

    Video URL

    Wednesday, February 1, 2023 - 04:01

    Traveling while H-1B and I-140 approved

    Question

    Is it not recommended to travel outside USA  when you are on H-1B and I-140 filed and approved ? 
     

    Answer

    Video URL

    Wednesday, February 1, 2023 - 03:55

    H-1 visa stamping and Dropbox appointment

    Question

    I have Dropbox  appointment in India and going alone. My husband has a valid I-797A but an expired visa. Will that affect my stamping?
     

    Answer

    Video URL

    Wednesday, February 1, 2023 - 03:29

    Layoffs - H-1B Visa Update

    Question

    Question 1: The company has laid off the employee but have put them on payroll until March 2023. In this case, can the employee travel internationally and will he be able to re-enter the USA?

    Question 2: Is it the right  time to move to the USA from India on H-1B since one is  beginning to hear a lot  of layoffs took place in big MNCs?

     

    Answer

    Video URL

    Wednesday, January 18, 2023 - 01:25

    Do I need to have my SSN number before I start working?

    Question

    I have a query about the employment status of the H1B resource coming from India. Once the resource reaches the US, from what day they can start working? I understand that once they reach the U.S. they need to apply for SSN first. So the question is can they start working in full employment capacity even before they get SSN?

    .

    Answer

    Excerpt from the SSA (Social Security Administration) website: 

    "We don’t require you to have an SSN before you start work. However, the Internal Revenue Service requires employers to use your SSN to report your wages.

    While you wait for your SSN, your employer can use a letter from us stating you applied for a number. Your immigration documents can prove your authorization to work in the United States".

    Find more information online at www.ssa.gov/employer/hiring.htm

    Thursday, December 22, 2022 - 23:31

    Eligibility for EB-1A (Extraordinary Ability)

    Question

    I am in 3rd year of an H1B visa, and my current employer has filed for a green card (currently in the PERM process). I am currently a Sr. Energy Engineer with industry experience of 5+ years.

    I have evidence for all the criteria. Do you think I might be eligible for the EB1A category?

     

    Answer

    Video URL

    Thursday, December 22, 2022 - 23:24

    Gap in status, for instance, H-1B and H-4 status issues

    Question

    I was on F1, and my spouse was on F2. My H1B was approved in 2020 for client A, but COS from F1 to H1B was denied, so I just continued my F1 status. Later, I moved to client B, and my employer filed an H1B Amendment and got the complete approval with I-94, effective 29th April 2022. After approval, we filed I539 for my spouse's COS from F2 to H4 (still pending) with a receipt date of 17th May 2022.

    Question: Since there is a gap between my H1B start date (04/29) and my H4 receipt date (05/17), may the USCIS deny our case? If so, what are our best options to proceed further?

     

    Answer

    Video URL

    Thursday, December 22, 2022 - 23:17

    H-4EAD visa holders opening an LLC in the U.S. and employing their H-1B holding spouse on concurrent H-1B

    Question

    My spouse is on H4 EAD, and I'm on H1B. Can she start an LLC and apply for a concurrent H1B for me so I can do two jobs? Please let me know if this is legally possible. Any dangers associated with it?

    Answer

    Video URL

    Thursday, December 22, 2022 - 23:12

    Recapturing H-1B unused time (Remainder Option); Changing H-1B field; USCIS’s stand on combining degree and work experience

    Question

    1. Regarding 'H1B remainder option', what is the time limit (in years) where one can remain outside the US and still recapture their H1B remaining years? I am currently in India and have been here for two years now. I have approx. 4.5 yrs remaining on H1B and would like to recapture it. By when should I find an employer/employment so that I am eligible to use this H1B remainder option?

    2. I did a Masters in chemical engineering in the US, and my H1B was issued in 2019. H1B is a specialty occupation, and I was told that H1B could only be used to work in the same field of study, i.e., chemical engineering in my case. However, with this 'H1B remainder option', are you inferring that one can actually change professions and still work in domains like software or finance in the US again?

     

    Answer

    Video URL

    Thursday, December 22, 2022 - 22:31

    Changing employers after I-140 approval; priority date transfer, I-140 revocation impact

    Question

    I have been on H1B for almost 5 years and I recently got my PERM approved. My employer will file for I-140 soon. My question is related to priority dates. I saw one of your videos where you explained that the priority date practically belongs to the employee. So does that mean when an employee gets I-140 approval then the employee can change employer at any time and keep the same priority date for the next filing with the new employer?

    What happens if an employee leaves or gets laid off after a month of getting i140 approval and the old employer decides to withdraw/revoke the application? In this case, can the new employer use the same priority date or get the new one for the employee? If a new employer gets the new one then what happens when an employee's 6 yr H1B term has finished before new i140 approval comes, does he/she get extension on H1B based on new application?

     

    Answer

    Video URL

    Thursday, December 22, 2022 - 22:27

    H-1B was approved with a new I-94 but the date of onboarding was extended by the employer

    Question

    I was on H-4, and it was valid till Jan 2023. I got my h1b approved via the Change of Status application and it came along with a new I-94 date. My employer is saying that they need some time to onboard me. They are working on finding a suitable project for me and it is going to take some time. Is it ok to defer the joining date and should my employer or I file any application to let USCIS know that I am not starting the job right away?

     

    Answer

    Video URL

    Thursday, December 22, 2022 - 22:17

    Laid off on H-1B or L-1A; 60 days grace period, maintaining status, switching to and back from I-485 EAD; Priority date becomes current but there is no job in hand

    Question

    Given the current situation with tech layoffs, I wanted to understand the options available for people in my situation.

    I’m currently working in the US on H-1B and my GC application (I-485) with PD July 2014 and 485 is in “Case remains pending”.

    I have 485 EAD approved till 2024 and Advanced Parole is still pending.

    1. Since we only have 60 days on H-1B to find a new job. How easy is it to switch to EAD? Is there a procedure to follow to switch to EAD?
    2. Once someone switches to EAD. Can they again switch back to working on H1 after finding a job?
    3. Now if someone switches to EAD and their date becomes current before they can find a job. What are their options?

    Now if someone switches to EAD and their date becomes current before they can find a job. What are their options?

    Also, do we have any info on what the status “Case Remains Pending” means?

     

    Answer

    Video URL

    Thursday, December 22, 2022 - 22:12

    Rule to recapture H-1B unused time (Remainder Option); What if I change professions?

    Question

    I did my Masters in chemical engineering in the US and then worked for an environmental firm in NYC, where my H1B was sponsored. I got my H1B in 2019 (Oct 2019 start date), and then I moved to India in Dec 2020, and it’s been almost 2 yrs here in India.

    I have approx. 4.5 yrs remaining on my H1B. My questions are below:

    1. Am I eligible to use the H1B remainder option for a different employer under a different field under cap exemption? I want to know if I can work in the business domain and not in the chemical field using the H1B remainder option.

    2. Say I find an employer in the US in the business domain who is willing to sponsor me directly? Do I need to apply for a new H1B and go through the April lottery? What are the consequences?

    3. Lastly, if I plan to do an MBA, which would be my second master's in the US, is it possible to use the H1B remainder option from my first master's and work in the business domain?

     

    Answer

    Video URL

    Thursday, December 15, 2022 - 08:39

    Regarding H-4 stamping without primary H-1 stamp

    Question

    Currently we got H-1 and H-4 approved from Sept 2022 -2025. I am on H- and having difficulties in getting dates for visa. My wife on H-4 was able to book a date. If she goes with both the approvals and I am in US and my H-1 is not stamped. Will there be a problem for her in getting her visa stamped?

    Answer

    Consulates have been inconsistent. Many times, they do not stamp an H-4 visa unless the H-1B visa has been stamped. It may be best to email and confirm with the consulate where you are going.

    Thursday, December 15, 2022 - 08:18

    H-1B applying for a job from outside the US

    Question

    Hi Rajiv Sir, I am on H-1B visa. But I was laid off. Due to some personal reasons, I need to go to India for 6 months. Can I apply for a job from India? And will the visa still be valid for obtaining work in the US?

    Answer

    You can apply for a job from anywhere. If you are offered a position, you can start working remotely while the new employer applies for your H-1B transfer.

    Monday, December 12, 2022 - 02:44

    Rule to recapture H-1B unused time (Remainder Option); What if I change professions?

    Question

    I did my Masters in chemical engineering in the US and then worked for an environmental firm in NYC, where my H1B was sponsored. I got my H1B in 2019 (Oct 2019 start date), and then I moved to India in Dec 2020, and it’s been almost 2 yrs here in India.

    I have approx. 4.5 yrs remaining on my H1B. My questions are below:

    1. Am I eligible to use the H1B remainder option for a different employer under a different field under cap exemption? I want to know if I can work in the business domain and not in the chemical field using the H1B remainder option.

    2. Say I find an employer in the US in the business domain who is willing to sponsor me directly? Do I need to apply for a new H1B and go through the April lottery? What are the consequences?

    3. Lastly, if I plan to do an MBA, which would be my second master's in the US, is it possible to use the H1B remainder option from my first master's and work in the business domain?

     

    Answer

    Video URL

    Monday, December 12, 2022 - 02:44

    Rule to recapture H-1B unused time (Remainder Option); What if I change professions?

    Question

    I did my Masters in chemical engineering in the US and then worked for an environmental firm in NYC, where my H1B was sponsored. I got my H1B in 2019 (Oct 2019 start date), and then I moved to India in Dec 2020, and it’s been almost 2 yrs here in India.

    I have approx. 4.5 yrs remaining on my H1B. My questions are below:

    1. Am I eligible to use the H1B remainder option for a different employer under a different field under cap exemption? I want to know if I can work in the business domain and not in the chemical field using the H1B remainder option.

    2. Say I find an employer in the US in the business domain who is willing to sponsor me directly? Do I need to apply for a new H1B and go through the April lottery? What are the consequences?

    3. Lastly, if I plan to do an MBA, which would be my second master's in the US, is it possible to use the H1B remainder option from my first master's and work in the business domain?

     

    Answer

    Video URL

    Wednesday, November 30, 2022 - 06:50

    Can an H-1B visa holder rent via Airbnb? Is this a violation of status?

    Question

    My status changed from F-1 to H-1B status this year on Oct 01, 2022. Since I am now on an H-1B visa, I am planning to buy a house soon, before the end of this year, and my plan is also to rent out other rooms and maybe Airbnb in the future. I researched this is considered passive income and is legal but:

    1. I was wondering if I can do the same by opening an LLC. Will this still be considered passive income?

    2. Another question, since my status changed from F-1 to H-1 this year, for 2022 taxes, should I still fill out the 1040 NR form or not?

     

    Answer

    Video URL

    Wednesday, November 30, 2022 - 06:47

    PERM issues for a green card for remote jobs - headquarters

    Question

    I am currently on an H-1B visa and working remotely. My h1b petition has two addresses, home (VA) and office (PA). The office headquarters is in NJ.

    My employer filled PWD in Mar2022 which got approved in Oct 2022. When I reached out to them for the next step, they mentioned that there were some issues with the previously filled PWD, so they had to refiled my PWD in Jul2022.

    Based on my discussion, I came to know that they did not mention the main headquarters address, which is in NJ, and put the address of the PA office, which is in my h1b petition. They said because I am a remote employee, they are supposed to put the address of the headquarters.

    Q1: Are we supposed to put the headquarters address when we file GC for a remote job?

    Q2: Are we supposed to put the headquarters address when we file h1b for the remote job? Or is any office ok?

     

    Answer

    Video URL

    Wednesday, November 30, 2022 - 06:27

    What happens to H-1B after Green Card approval?

    Question

    My last H-1B was recently revoked four months after receiving a Green Card and the company attorney says automatic revocation is a standard practice by USCIS not always followed. But most people I know did not have their H-1B revoked after Green card approval so I am a bit concerned why this happened to my case only.

     

    Answer

    Video URL

    Thursday, November 3, 2022 - 05:32

    Volunteer work on an H-1B visa

    Question

    I'm on H-1B, can I work for a startup on a volunteering basis for a technical engineer role? The work is done remotely and the owner of the startup is based in Russia.

    Answer

    Video URL

    Thursday, November 3, 2022 - 05:27

    Can an H-1B holder open an LLC in the US and employ their spouse on H-4 EAD?

    Question

    Can an H-1 VISA (Resident tax alien without a green card) Holder set up an LLC in the USA? If yes, can his spouse on H-4 VISA with EAD work in that LLC?

    Answer

    Video URL

    Thursday, November 3, 2022 - 05:22

    Can I change my status from B-1/B-2 to H-1B, L-1, F-1?

    Question

    I have worked in the U.S. under L-1\H-1B from June-2015 to March-2020. I have been in India since the last 2 and half years (Not working for any US based company). Now I have got Job offer from a US company and the H-1B I-797 petition is approved. I have a previous employer's H-1B Visa stamp (which expired last month) in my current passport, and B1/B2 Visa stamp(got in 2013 and valid till Sep-2023) in my older passport. I also have approved I-140 (EB2) from my previous employer.

    My Question is due to the high wait time for Visa appointments, in worst case, if I can not secure a visa appointment anywhere close to joining date, can I travel to the US with a valid B-1/B-2 Visa and approved I-797 and later change status to H-1B and join the job? If yes, would it impact the GC process in future?
     

    Answer

    Video URL

    Thursday, November 3, 2022 - 05:17

    How can I maintain my H-1B while working outside the USA?

    Question

    I would  highly appreciate it if you could share any insights for my case. I hold H-1B working for MNC in Seattle, USA. I applied for Canada PR and it was confirmed. I will travel by car to Vancouver Canada and work in Canada remotely with a Canadian house address. At the same time I want to maintain my H1B visa. Is that possible and how? I got to know H1B is valid as long as we work on US soil. 

    Answer

    Video URL

    Thursday, November 3, 2022 - 05:14

    Options if employment-based I-485 is denied?

    Question

    1. My I-485 was filed in August 2022. Priority Date: 2014. Lost a job. H-1B withdrawn and offer is canceled. Current H-1B remaining till January 2023. If I-485 is denied do I have to leave the country? Can I work for the remaining 5 months?

    2. After retrogression, can I transfer H-1B?
     

    Answer

    Video URL

    Thursday, November 3, 2022 - 05:06

    STEM extension expiring, options to stay in USA, Is Day 1 CPT safe and legal?

    Question

    I am currently on STEM Extension and my visa expires in July 2023. I also have a masters degree here in the states. I wanted to know what my options are..
    If the suggestion is Day-1 CPT, I wanted to know how safe/legit it is! I have heard that going on Day-1 CPT can cause some issues when your H1 gets picked and may lead to RFE?
     

    Answer

    Video URL

    Tuesday, September 20, 2022 - 06:59

    H-1B visa holder travels abroad (Canada) for work sometimes; is an H-1B amendment required for change of address or location abroad?

    Question

    H-1B visa holder travels abroad (Canada) for work sometimes; is an H-1B amendment required for change of address or location abroad?

    Answer

    Video URL

    Tuesday, September 20, 2022 - 06:56

    What are the chances of an H-1B visa (STEM OPT) after completing Masters in the U.S?

    Question

    What are the chances of an H-1B visa (STEM OPT) after completing Masters in the U.S?

    Answer

    Video URL

    Tuesday, September 20, 2022 - 06:36

    Impact of alternate wage survey for H-1B LCA; the success rates of H-1B extensions; AC21 rule when the company is bought by a successor-in-interest

    Question

    Impact of alternate wage survey for H-1B LCA; the success rates of H-1B extensions; AC21 rule when the company is bought by a successor-in-interest
     

     

    Answer

    Video URL

    Tuesday, September 20, 2022 - 06:27

    Change of employers after H-1B is approved and before October 1; the number of pay stubs required; revocation of H-1B before October 1

    Question

    I am currently on F-1 Stem OPT, and my H1B got approved this year a few days back. My current company is shutting down its operations and moving everything to Mexico.
    1. They have given me the last date of employment as 31st October 2022. So my question is how soon can I change my employer and can I transfer my H1B to a new employer before 1st October 2022? 
    2. Also, if I can do my visa transfer only after October 1st 2022,?
    3. Can I do that with 1 paystub, or will I require 2 paystubs?
     

    Answer

    Video URL

    Tuesday, August 30, 2022 - 07:01

    The H-1B remainder option: Calculating recapture of H-1B unused time

    Question

    I had a quick question for you. I worked in the US from 2009 to 2012 on an H-1B visa, left the US in 2012, then came back on a new H-1B visa to work in the US from 2014 to 2017, and then left the US again in 2017. So overall, I didn’t use 3 years on both my H-1B visas. Recently I came to the US on an H-1B visa in mid-2022 using the unused 3 years on my most recent H-1B visa issued in 2014. This H-1B visa expires in mid-2025.

    (a) Do I need to leave the US for one year after mid-2025 to be eligible for a new H-1B visa, or am I eligible to apply for a new H-1B visa after mid-2025?

    (b) Is it possible for me to recapture unused 3 years on my previous H-1B visa issued in 2009 after my current H-1B status expires in mid-2025?

    (c) Is the only way for me to extend my H-1B visa status in the US after mid-2025 is to file for PERM ETA 9089 (pending over a year) or have an approved I-140?

    Answer

    Video URL

    Friday, August 12, 2022 - 07:28

    Does approval of an I-485 EAD automatically invalidate my H-1B?

    Question

    My Wife and Kid have an appointment to get stamped on H4 as i have a valid H1 till Jan2023 and I am in USA. Now I just received a notification that my EAD card is approved for my GC. Will this impact in any way for my Wife and Kid's H4 Stamping?

    Answer

    Your H-1B remains valid as long as you do not use the EAD. Mere approval of an EAD has no impact.

    Thursday, August 4, 2022 - 03:56

    How soon can I file for an H-1B transfer after joining, and do I need the employer's permission?

    Question

    Q1. After the H-1B COS is approved, how long will I need to work with my current employer before I can file H-1B transfer?
    Q2. Do I need permission from my current employer for H-1B transfer?
     

    Answer

    Video URL

    Tuesday, August 2, 2022 - 03:46

    Potential conflict between employment in India and F-1 visa status

    Question

    I am currently working at a company in India. I am eligible to claim Employee Stock Option (ESOPS) on 17th August 2022. However, I will be landing in Dallas, USA on 10th August on F-1 Visa (For Fall 22). The company will still offer those ESOPs, but the official relieving date will be on 17th August. From 9th August onwards till 17th August, I will be on Loss of Pay Leave i.e (unpaid leave). I am worried that situation would create a conflict with my F-1 visa status.

    1. I want to know whether this is legal as I will be employed at a company in India for 7 days after arrival in the U.S. on an F-1 visa.
    2. Whether this will cause problems in future when I apply for OPT or H-1B or even EB-3 as my previous employment end date is 7 days after arrival in the U.S.?

    Answer

    1. It appears that you are getting a benefit based on the work you have already done. You will NOT be performing any "new" work for the Indian company.

    2. I do not see this as an issue. 

     

    Tuesday, July 12, 2022 - 03:45

    Continuing work or reverting to STEM OPT during H-1B Change of Status

    Question

    Q1. If I change my employer while my H-1B COS is filed but not yet approved, then can I keep using my OPT and STEM with my new employer, or I will lose both OPT & H-1B, and will be out of status?

    Q2. If my H-1B COS is denied, then can I keep using my OPT and STEM, or I will lose both OPT & H-1B, and will be out of status?

    Q3. How often does it happen that H-1B COS, transfer, and renewal get denied? And what could be possible reasons for denial?
     

    Answer

    Video URL

    Tuesday, June 28, 2022 - 03:15

    STEM OPT students filing OPT and green cards with multiple employers (renowned companies); impact of the size of the company on a green card petition; the impact of working remotely on OPT, H-1B, and green card

    Question

    1. Can I have multiple employers i.e. jobs in the first year of OPT and also after getting STEM OPT extension?

    2. Can all my employers start my green process simultaneously?

    3. If H-1B COS is approved through one employer i.e. switched from OPT to H-1B, can I still continue other jobs and GC process with them? If not, is there a way to continue all jobs?

    4. Does it make a green card case stronger if the sponsoring employer is a big renowned company like Microsoft or Amazon? Also, what about if the company is small?

    5. Does OPT, STEM, and H-1B allow you to do a job that allows remote work from within the U.S. regardless of the pandemic? Is such a job eligible for H-1B and green card sponsorship?
     

    Answer

    Video URL

    Tuesday, June 28, 2022 - 02:59

    H-1B visa stamping

    Question

    1. Is H-1B visa stamping  required?
    2. Can an H-1B visa be obtained while remaining in the US? 
    3. Can an H-1B visa be rejected?
     

    Answer

    Video URL

    Tuesday, June 28, 2022 - 02:49

    Consequences of unauthorized employment generally, and for F-1 visa students particularly

    Question

    I am on an F-1 visa. I just need to know what are the consequences of working without authorization. I have a situation due to a hardship problem during the Covid times, I worked for one and a half months (approximately I don't remember exactly). I had a loan that paid my tuition but during the Covid times the bank from my hometown denied the transfer of funds. So, for that particular period I worked because I did not have a choice. All of my family members were fighting the worst covid situation at that time. There are five people in my family; four were in the hospital for weeks. I was not aware that working without authorization is a serious violation of my status.
    In the future when I apply for H-1B or apply for OPT, what kind of consequences do I face? What are my options to get out of this situation? Can we get one pardon from the USCIS for this mistake?
     

    Answer

    Video URL

    Sunday, June 19, 2022 - 11:21

    H4 stamping on H-1B extension without H-1B current stamping

    Question

    Hello, I have my current h1 valid till Sep 2022 and my extension has been approved. If my spouse went for h4 stamping in Sep after my current h1 gets expired, Do I need to get my visa stamped first for the extension or only extension I797 will be suffice to get h4 stamping. Thanks, Ashish

    Answer

    US consulates in recent years have not insisted on H-1B visa stamping before they stamp an H-4 visa.

    Sunday, June 19, 2022 - 10:29

    Using old I-140/H-1B for new employer while relocated to India

    Question

    I have an H1-B/ I-140 question for you and your team. Please see below: I came to India in 2019 to get my H1 stamped along with my family and got stuck. I got a 221(g), and RFE during the process but my employer got things sorted out. Then my employer also amended my petition and I re-appeared for visa stamping interview and got stuck again due to an ‘end client’ issue. Then Covid made things worse in 2020. Questions for your team: I have an approved I-140 with my old firm (on Eb-2) with a priority date of Jan 29, 2014. I am not on a US payroll since I came to India (in 2019) & my last approved petition also expired in Jan 2022. If a new firm had to take over my H1-B case can I re-capture the unused time (time stuck in India for almost 3 years) beyond my first 6 years of H1-B with this new firm/petitioner ? If so, can I port my old I-140 (& old priority date) to the new H1 petitioner after coming to US? What is the porting time frame after coming to US? Is Premium processing available for porting old I-140 (& priority date) to the new employer? Since my priority date is current, I wanted to know if my new employer can file for AOS upon my arrival in the US. Your help and feedback on the above matter will be greatly appreciated. Thanks!

    Answer

    Q. Can I re-capture the unused time (time stuck in India for almost 3 years) beyond my first 6 years of H1-B with this new firm/petitioner?
    A. Yes, you can.

    Q. If yes, can I port my old I-140 (& old priority date) to the new H1 petitioner after coming to the US? What is the porting time frame after coming to the US? Is Premium processing available for porting old I-140 (& priority date) to the new employer?
    A. Priority date can be ported for sure if your I-140 stayed approved till at least 17 January 2017, when there was a change in regulations in favor of the employees. Earlier, the situation was uncertain if the employer withdrew the I-140. Under the current regulations, that is not a problem for priority date transfer.

    Q. Since my priority date is current, I wanted to know if my new employer can file for AOS upon my arrival in the US?
    A. Adjustment of Status (AOS) is not possible. The new employer will have to start the green card all over again, carrying the old priority date.

    Friday, June 17, 2022 - 08:25

    H1-B related job and major field of study

    Question

    I had a doubt, I got MS in Cybersecurity at the University of North Carolina at Charlotte. I had talked to a few of my seniors and my dad's friends who live in the US regarding the job opportunities, they said that you will be having fewer openings compared to other fields or profiles. So I would like to know if I pursue a Software Developer Role or some role that is not related to Cybersecurity, will it be a problem at the time of the H1-B Visa Interview? Can you please guide me as i am feeling i am stuck between these issues?

    Answer

    The H-1B laws require only that your offered job must require the type of major you graduated with. For example, a major in Computer Science or Information Technology may be a fit for the jobs of a Software Develop, Systems Analyst, DBA, Systems Admin, or a Data Architect.

    Friday, June 17, 2022 - 07:40

    Pharmacist H-1B

    Question

    I was selected for cap H1B. I am looking to file for pharmacist position in MD. However, at the moment I do not have a MD state license. I have a PA state license. Will I be able to apply for H1 without the MD state license. I will be able to get the license before October but not by end of June. What other positions can I apply for to get H1 with Pharm D

    Answer

    Currently, if you do not have a license, but it has been applied, the USCIS should approve for a full three years if they send an RFE and the license is approved by that time. Otherwise, they should approve for one year.

    Friday, June 17, 2022 - 07:36

    H-1B petition after F-1 rejection

    Question

    Hello, this is for my niece, a 28 years Engineering graduate from India, with 4 years of IT development work experience. She got her name in H1b lottery through a small consultancy firm and the consultancy firm is asking us to pay H1b fee to proceed further. But in her case, she have had a F1 student visa denial about 3 years ago and so we are debating if she stands a chance to get H1b or is it more likely to get denied again since she is coming through a smaller consultancy firm. Any advice will be highly appreciated.

    Answer

    The H-1B fees and expenses must be paid by the employer. It is illegal for them to demand any fees from a potential employee.

    Friday, June 17, 2022 - 02:46

    "Same or similar job" criteria for green card AC21 portability

    Question

    1) I-485 Filed under EB 3 Downgrade - More than one year back and pending
    2)Independent I140 Approved both in EB2 and EB3 (Not as Amendment)
    3) Currently working on H1B Work Authorization
    4) I-485 EAD and AP Available but never used (EB3 Category)

    Questions: -
    1) If you change your job but by transferring your H1B (Change of Employer) and NOT use EAD, would the AC21 still apply (Same or Similar Job constraint) if you want to keep the I-485 alive?2) You said the last call that for Same of Similar Determination - USCIS Looks at all aspects:
    a) Do the Job Duties and Actual Job Title need to be a dollar-to-dollar match?
    b) Job Location Changes (One City/State to Another) and Job Mode Changes (From Onsite to Hybrid or Fully Remote) - Allowed?
    c) Compensation Differentials - Positive or Negative - Any specific considerations/grey areas
     

    Answer

    Video URL

    Thursday, April 21, 2022 - 05:35

    Protecting immigration status: Traveling with advance parole, divorce proceedings, and an entrepreneur on an H-1B visa

    Question

    1. I-140 didn't get approved but received a GC-EAD card approved for 2-years along with advance parole. Is it fine to travel to India for 2 months or for how long staying from the US is valid while on EAD?
    2. I didn't need to worry about having a valid visa while returning to the USA, just advance parole will suffice for return?
    3. Prior to getting GC-EAD I was on H4-EAD, due to family issues I may seek a divorce. Now that I have GC-EAD will divorce affect my current status or upcoming Green Card? or should I wait until the Green card is through?
    4. I have been an Owner of an Inc company while on H-1 and H-4 and H-4 EAD, but I haven't taken any profits or pay-stubs, except for signing on Company Tax returns. Does this situation restrict me from getting a Green Card? or since I have already received GC-EAD under the EB3 category, should I stay positive that I will receive GC in the near future?
     

    Answer

    Video URL

    Thursday, April 21, 2022 - 05:26

    Can two employers file H-1B for the same employee using an existing I-140?

    Question

    I am an Indian national living in India now, working on H-1B from 2006-2011 for a small consulting company based in NY, US,. They have filed my EB2, I-140 and it got approved in 2009. I returned to India due to my personal situation in 2011. So I moved my case to Consular Processing in 2012. I got my date current during the last year 2021 and the Mumbai Embassy scheduled consular processing Interview was scheduled for last month. As soon as I received the interview call I found my sponsoring company in the US has their business. Hence, I have skipped my interview to avoid GC denial and retain the priority date.
     

    Answer

    Video URL

    Thursday, April 21, 2022 - 05:21

    STEM OPT employment parameters, volunteering, part ownership, etc.

    Question

    1. Currently, I am on STEM OPT, working with my DSO-approved employer. My uncle wants to start a company and asked me for my help. So, an I help him without being an employee of his company?
    2. Is active professional volunteering to a family member's company a violation of the F-1 STEM OPT status? I hold a Professional Engineer's license. If I let him use my license for his company, will that be ok under my current immigration status?
    3. Can I be a partner in the company and an employee of the company if my uncle hires me as an employee?
     

    Answer

    Video URL

    Monday, April 11, 2022 - 06:39

    Implications on working without authorization on student visa status

    Question

    What happens when a student works without authorization because they have no choice as they need the money to support their school or because they did it unintentionally?

    Answer

    Video URL

    Monday, March 28, 2022 - 07:57

    Travel to the U.S on H-4 visa for a non-minor

    Question

    My H-1B Visa is valid till Sep 2023. My son who is currently in India had also stamped his H-4 visa. However, he is now over 21 years of age. Can he travel to US to visit us on the same visa or he has to apply for a B-2. 

    Answer

    I do not see how an aged-out child can travel on a derivative visa.

    Monday, March 28, 2022 - 07:49

    H-1B to EB-2 process

    Question

    I would like to know If I have an advanced Degree (Masters Engineering Management) and my employer filed my H-1B and if the lottery is picked can I initiate the Green Card Process? I also heard that there is a Minimum salary Cap for EB-2 Advanced degree. 

    Answer

    The employer can start the green card process at any time, even before you join. To see the salary figures by county and profession, you can review this link - https://www.flcdatacenter.com/

    Tuesday, March 22, 2022 - 06:44

    Relation between F-1 OPT and H-1B lottery change of status and changing employers

    Question

    I am a student on F-1 and will be graduating by December 2022. Company A is willing to apply for an H-1B for me this year. I am interviewing with other companies, and I am planning to drop company A as soon as I graduate

    1. If I am selected in the lottery and haven't done a change of status, can I continue on F-1 OPT with the other company (not Company A), after graduation?

    2. Can Company A retract my H-1B if I leave them?

    3. Being on F-1 can Company A start my green card if I win the H-1B lottery?

     

    Answer

    Video URL

    Friday, February 25, 2022 - 02:56

    Maintaining H-1B status once I-I485 EAD is received after downgrading from EB-2 to EB-3

    Question

    I have been on H-1B for the past 16 years. Recently received my I-485 EAD after downgrading from EB-2 to EB-3. Can I work full time for my own company now in the same field or Do I still need to have an employer, if I am ok to give up H-1 status?

     

    Answer

    Video URL

    Friday, February 25, 2022 - 02:22

    Interfiling - EB-2 to EB-3 downgrade as per the amendment. Can I now interfile?

    Question

    My EB-2 was downgraded to EB-3 in Oct 2020 and the attorney marked the amended box ( "To amend a previously filed petition") as checked.

    Timeline:

    I received the EAD combo card in Dec 2021. Changed the Employer (though transferred H-1) using AC21 after way more than 180 days of pending 485

    My PD is June 30, 2012 Now that EB3 is retrogressed and stuck in Jan 2012., I wanted to know

    1. If I interfile EB2. Will it be rejected as the amended box was checked when downgraded?

    2. If we interfile, will there be an impact on the EB-3, in case they reject it

    3. What is the best way now to have both EB-2 and EB-3 run side by side. What is the fastest way to get to GC in my case?

     

    Answer

    Video URL

    Friday, February 25, 2022 - 02:00

    Interfiling - Job change after I-140 approval with priority date current and issues with H-1B transfer and H-1B extensions

    Question

    I am on H-1B visa with employer A. Have approved I-140 with priority date as Oct 2015 under EB-2. Looks like EB-2 can hit 2015 by the end of this year. With that in mind, Below are my questions:

    1) Suggestions on switching employers when PD is nearing anytime soon. If I switch to employer B, what if my PD becomes current before employer B I-140 is approved? How long can I wait after my priority date becomes current to file I-485 with employer B I-140?

    2) Will there be any issues for H-1B transfer and further H-1B extensions with employer B when the new PERM/I-140 is still under process?

     

    Answer

    Video URL

    Wednesday, January 26, 2022 - 04:04

    Are you eligible to become a naturalized US citizen?

    Question

    1. My Son was born in February 2020 in the USA, where my wife is on an F1 visa working on OPT. Due to the Covid19 pandemic, I couldn't meet my son for two years. Kindly suggest to me the way forward to meet my son and wife. I also tried to travel on a tourist visa and F1 Visa. Unfortunately, I got both rejections. I'm an Indian taxpayer and an IT employee. 

    2. My brother is a US citizen, and he applied for our mother's green card. Everything is clear, all paperwork is done, but due to the pandemic, we are waiting for the interview date from March 2021. Do you have any information on how we get the date or how much time it will take?

    3. My daughter is in Dallas, US, and under medical treatment. She is there with an IN40 visa. As a father, I want to be there during her medical urgency. How can I get a visa now to be with her in the US?

    4. I am a US citizen currently in India. I am traveling back to the States in mid-February for two months and want to take my Indian-citizen senior citizen mother with me for that duration. Her last US tourist visa expired eight years ago. (She has an active Schengen visa on her passport) Is there a way she can get a short-term two-month visa to the US?

    5. I stayed outside of the US for more than two years because of COVID-19. Am I eligible for naturalization? I came to the USA in August 2016.

     

    Answer

    *Please note that the queries have been put together and edited by the Economic Times to address similar questions at once and that the answers are clear and relevant to the audience.

    1. My Son was born in February 2020 in the USA, where my wife is on an F1 visa working on OPT. Due to the Covid19 pandemic, I couldn't meet my son for two years. Kindly suggest to me the way forward to meet my son and wife. I also tried to travel on a tourist visa and F1 Visa. Unfortunately, I got both rejections. I'm an Indian taxpayer and an IT employee. 

    You seem to be referring to a visa denial under Immigration and Nationality Act, section 214(b).

    This law applies only to nonimmigrant visa categories. If you are refused a visa under section 214(b), it means that you did not overcome the presumption of immigrant intent required by law by sufficiently demonstrating that you have strong ties to your home country. Such ties are seen as a reason you will not be tempted to exceed your allowed stay in the USA.

    When your spouse is already in the US, your ties to your home country are difficult to demonstrate. If you feel there is additional information that should be considered related to the visa decision, or there are significant changes in your circumstances since your last application, you may reapply for a visa. Note that visas like H-1, H-4 (if your spouse gets an H-1), and L-1 are immune from this problem. So, when your wife obtains an H-1B status, or you can qualify for an L-1 visa, you should not have the section 214(b) denials impede your visa.

    2. My brother is a US citizen, and he applied for our mother's green card. Everything is clear, all paperwork is done, but due to the pandemic, we are waiting for the interview date from March 2021. Do you have any information on how we get the date or how much time it will take?

    Because of the resurgence of the pandemic and a huge backlog of cases, it is unlikely we will see an immediate resolution of the delays. But consulates have indicated that give preference to families of immediate relatives, like parents, of US citizens. Also, the US consulates have started waiving some nonimmigrant visa interviews, which should streamline their operations for green cards as well.

    3. My daughter is in Dallas, US, and under medical treatment. She is there with an IN40 visa. As a father, I want to be there during her medical urgency. How can I get a visa now to be with her in the US?

    I am not sure what type of visa your daughter has, but your choice appears to be the same as for any other foreign national, a B visa. The consulates usually issue a B-1/B-2 visa or a B-1 visa for medical issues and attending family members.

    4. I am a US citizen currently in India. I am traveling back to the States in mid-February for two months and want to take my Indian-citizen senior citizen mother with me for that duration. Her last US tourist visa expired eight years ago. (She has an active Schengen visa on her passport) Is there a way she can get a short-term two-month visa to the US?

    You will have to apply for her tourist visa again.

    5. I stayed outside of the US for more than two years because of COVID-19. Am I eligible for naturalization? I came to the USA in August 2016.

    It appears that the continuity of your stay required for naturalization has been broken by an absence of one year. An absence from the United States for a continuous period of 1 year or more (365 days or more) will automatically break the continuity of residence. It appears you could apply after 4 years and one day after returning, or easier, 4 years and 6 months after returning. The USCIS provides the following example for your situation:

    “An applicant for naturalization under INA 316 departs the United States on January 1, 2010, and returns January 2, 2011. The applicant has been outside the United States for exactly 1 year (365 days) and has therefore broken the continuity of his or her residence in the United States. The applicant must wait until at least January 3, 2015, to apply for naturalization, when the 5-year statutory period immediately preceding the application will date back to January 3, 2010. At that time, although the applicant will have been absent from the United States for less than 1 year during the statutory period, the applicant will still have been absent from the United States for more than 6 months (180 days) during the statutory period and may be eligible for naturalization if he or she successfully rebuts the presumption that he or she has broken the continuity of her residence.

    If the applicant cannot overcome the presumption of a break in the continuity of his or her residence, the applicant must wait until at least July 6, 2015, to apply for naturalization, when the 5-year statutory period immediately preceding the application will date back to July 6, 2010. During the 5-year period of July 6, 2010 to July 6, 2015, assuming the applicant did not make any additional trips outside the United States that would cause USCIS to presume a break in continuity of residence, the applicant was only absent from the United States between July 6, 2010 and January 2, 2011, a period that is not more than 6 months. Therefore, no presumption of a break in continuous residence applies.”

    Monday, December 20, 2021 - 09:15

    Options to remain in status: F-1 visa expired, H-1B approved for consular processing, but not stamped

    Question

    My son got his H-1B approved on consular processing this year which also happens to be the first year on OPT. His F-1 Visa expired in June and he is unable to travel to India for lack of slots for H-1B stamping I wish to know the following:

    1. Is there a time limit for getting the approved H-1B visa stamped?, and
    2. If for some reason he is unable to travel next year as well can he extend his stem opt to remain in status?

    Answer

    Video URL

     

    Monday, December 20, 2021 - 09:15

    STEM extension denied based on approved H-1B pending for withdrawal at a USCIS service center

    Question

    I am in the initial OPT which expires on November 30, 2021. My STEM extension has been denied based on an approved H-1B which has been pending for withdrawal at the Texas Service Center for the last five months. My current employer’s attorney raised the Ombudsman request on Oct 25, 2021 and I’ve taken a U.S. state senator's help to submit an inquiry on October 19, 2021. I have received no response so far from USCIS orthe online forums.  It seems it will  take 30 days to get a response at least from the Ombudsman and the case inquiry but I’m running out of time.  My previous employer's attorney is not willing to join a call with a Tier -2 officer and they're not helpful at all. My current employer is re-applying for my STEM OPT extension on November 24, 2021 with all the evidence possible but it's already past 60 days. I can't get a new I-20 because my SEVIS record is closed and they're not sure I'll get a favorable discretionary decision because my H-1B is still approved.

    I am hoping the USCIS officer would show some discretion but from past experience I am afraid they will not. I am not really sure what to do here. I might end with a financial loss.  Please guide me with your suggestions.

     

    Answer

    Video URL

     

    You have done everything that you can. But there are a couple of things I would suggest. The first thing I would suggest is that you talk to your DSO and explain to them the situation. Have them talk to the civic people and see if they can allow your service reinstatement based upon evidence of withdrawal or request for withdrawal. They may not be able to but it's worth a try.

    The second thing you can do is try to reach the Tier-2 USCIS officer over the phone with your employer, manager, HR person or somebody from the office. Once you get to a Tier-2 officer, talk to them and explain the situation and ask them for a suggestion.

     

    Thursday, December 16, 2021 - 08:40

    Travelled to India on H-1B status, stamping done through NIE, job contract ended: What are the chances to get back to the U.S.?

    Question

    My friend had traveled to India in an emergency situation in April this year. Since the consulates were closed for so long, he could get his H-1 visa stamping done by an emergency appointment last month (through NIE) only. Now, his job contract ended here. What are his chances to come back to the U.S.? - Does he need to have a job with an offer letter before traveling back to the U.S. back?

    Answer

    Video URL

    Thursday, December 16, 2021 - 08:37

    Impact on H-1B status of using advance parole

    Question

    H1-B Visa Stamp Expired - but H1-B Status Valid until Sept 2023 (I-797 Approval Notice) 

    I-140 approved long back, I-485 pending (PD not current but close), I-765 + I-131 approved Combo Card. Travelled to India with both H-1B I-797 and I-485 EAD/AP (Validity was 1 Year) and returned a couple months back; chose to return on I-485 AP because could not get a Visa Drop Box Appointment. New I-94 received upon entry is only valid till AP expiry date; which is prior to H-1B I-94 attached to I-797 (Sept 2023). No change of Employer before or after the travels - return to the same employer.

    a) Does the use of AP on returning mean the H-1B status is abandoned in this case?

    b) Will I fall out of status after August 2022 - based on this new I-94 with AP entry?

    c) Can the already approved H1B status be reinstated (if it was abandoned) and also be extended like regular H1B extension after 2023 - if yes, would that need a travel out of the country before August 2022 and return on H-1B visa stamp?

     

    Answer

    Video URL

    Thursday, December 16, 2021 - 08:34

    Can I use an approved, but never used, H-1B petition to transfer to a different company?

    Question

    I have had an approved H-1B petition since 2010 but never used it. Can I reuse that petition and obtain an H-1B transfer to a different company? The old company who has filed H-B petition has not withdrawn it.

    Answer

    Video URL

    Tuesday, November 16, 2021 - 07:14

    Documents needed by and anticipated questions for green card holders at the port of entry

    Question

     I am a G.C. holder and will travel next month and plan to return to the U.S. in December. What documents do I need to carry and show at the port of entry when I return to the U.S.? What questions does a CBP officer usually ask a green card holder at the port of entry? Do I need to carry tax returns, pay stubs, W-2, and previous H-1B documents ( I was in H-1B before I got G.C.)?

    Answer

    Video URL

    Wednesday, October 13, 2021 - 09:06

    Nuances of changing employers during the green card process

    Question

    My question is related to green card filing. My green card was filed with Employer A. I have an approved I-140. I moved to Employer B, working on an H-1B valid until April 2023. They have not filed the labor for me yet. My priority date is February 2012. As per the latest visa bulletin I can file for EAD but the final date is September 2011. Currently I am not in the U.S. so I can't file for EAD. I hope to be in the U.S. in the next 4-5 months. Do I need to join Employer A for processing my green card? What would be the best option for me to get the green card without wasting time when I reach the U.S?

    Answer

    Video URL

    Wednesday, October 13, 2021 - 07:58

    Continuing to use H-1B when I return on Advance Parole

    Question

    I have an approved EAD/AP with my current employer. I also have an H-1B approved until 2024 with the same employer. I have plans to visit India, my home country, in the near future. I am planning to utilize AP to come back to the U.S. and would like to work on the H-1B with the same employer. Is that possible? Also if I do not receive my green card until 2024, can I  extend my H-1B with the same employer.

    Answer

    Video URL

    Tuesday, September 21, 2021 - 06:05

    Intermittent H-1B employment

    Question

    I recently transferred from the U.S. to the UAE office since I was not selected in the H-1B lottery in March. I was then selected in the second lottery and my company has started the H-1B process. Can I do short-term 1-2 week visits on H-1B every few months instead of B-1? Do I need to be employed to enter the U.S. using H-1b?

    Answer

    While intermittent H-1B employment is permitted, it is only for the job for which you have an H-1B approval. You cannot use an H-1B visa to travel to the US intermittently without that job.

     

    Tuesday, September 21, 2021 - 05:56

    H-1B visa expired - Travel to the U.S. based on daughter's U.S. passport

    Question

    We are currently in India, and one of my daughters is a U.S. citizen by birth. However, our H-1B visa expired a few years ago. So now we do not have any valid U.S. visas. Can we travel to the U.S. now based on my daughter's U.S. passport? Please advise as we heard many such parents are traveling like this, Are there any options for us?

     

    Answer

    You cannot reenter the USA without a visa.  Having a US citizen child exempts you from the travel ban, but not from the visa requirements.

     

    Note: For the NRI readers, The Economic Times has started an immigration helpdesk. A team of experts which includes Rajiv S. Khanna will address the most pressing issues. Please see the link below.

    https://economictimes.indiatimes.com/nri/migrate/nri-helpdesk-are-you-q…
     

     

    Tuesday, September 21, 2021 - 05:42

    H-1B visa and applying for National Interest Exception

    Question

    I am presently in the U.S. and will be visiting India to get my H-1B Visa stamped.  As there are travel restrictions for passengers from India to the US, will I be allowed to enter the U.S. on an H-1B visa? Presently I am staying in the U.S. on OPT.

    Answer

    Unless you are covered by an exemption, you will have to apply for a national interest exception. Also, getting appointments for visa stamping is not particularly easy at the moment.

     

     

    Note: For the NRI readers, The Economic Times has started an immigration helpdesk. A team of experts which includes Rajiv S. Khanna will address the most pressing issues. Please see the link below.

    https://economictimes.indiatimes.com/nri/migrate/nri-helpdesk-are-you-q…
     

    Tuesday, September 21, 2021 - 05:39

    H-1B Visa and seeking emergency visa appointment

    Question

    We are the parents of a minor (5 months) old U.S.Citizen daughter who is currently in India. We need to take our daughter to the U.S. for her 6-month vaccination doses. My H-1B visa and my spouse's H-4 visa need to be renewed, but unfortunately, there are no dropbox appointments available in any city. Is there a way an exemption can be made for our travel? I am a civil engineer who has built commercial facilities and will be building more commercial facilities in California, USA.

    Answer

    You can try seeking an emergency visa appointment based on medical reasons applicable to your daughter.

     

    Note: For the NRI readers, The Economic Times has started an immigration helpdesk. A team of experts which includes Rajiv S. Khanna will address the most pressing issues. Please see the link below.

    https://economictimes.indiatimes.com/nri/migrate/nri-helpdesk-are-you-q…

    Tuesday, September 21, 2021 - 05:35

    H-1B Visa - Change of Status

    Question

    I have an approved H-1B petition. Right now, I am in India. However, my spouse also holds an H-1B. Can I apply for an H-4 visa and travel to the USA with my spouse and apply for a change of status in the USA from consular processing and use my H-1B there. Will it affect my H-1B in any way?

     

    Answer

    Technically, the USCIS can object to applying for a change of status within 90 days after entry, if the change results in activities that are inconsistent with the original visa used for entry, the H-4 visa. The key question is whether applying for H-1B soon after entry into the USA is inconsistent with H-4, a visa that allows work authorization. Perhaps not, but you should speak with your lawyers to make sure all your options are discussed.

     

     

    Note: For the NRI readers, The Economic Times has started an immigration helpdesk. A team of experts which includes Rajiv S. Khanna will address the most pressing issues. Please see the link below.

    https://economictimes.indiatimes.com/nri/migrate/nri-helpdesk-are-you-q…
     

     

    Wednesday, August 25, 2021 - 06:36

    Retaining valid H-1B status while AOS is pending and when to file Supplement J

    Question

    1) Most attorneys don't recommend to abandon H1B status while AOS is pending.
    What are the chances of AOS denial for someone who has had a clean history and is a law abiding alien living in the US waiting for AOS?
    2) What are your thoughts about the timing of filing I-485 J? Upon job change, should it be filed proactively or wait for RFE Won't it delay the AOS adjudication if it's not filed proactively?

    Answer

    Video URL

    Wednesday, August 11, 2021 - 02:18

    What Happens if H-1B Employer Revokes a Quota H-1B Before October 1?

    Question

    I am on Initial OPT which expires on November 30, 2021. A company filed H1-B lottery for me this year (2021) which got picked and approved but I was laid off in May and immediately the company filed H1-B withdrawal and sent to USCIS on June 1st, 2021.

    1) I have joined a big MNC company few days back who’s willing to sponsor me. I have approval and LCA Notice. What are my options now to get H1-B back?

    2) If I can’t do anything with My H1-B. What’s the time frame generally it takes to withdraw my H1-Status? My Status still shows H1-B approved in the portal.

    Answer

    Video URL

    Monday, June 14, 2021 - 05:46

    H-1B Extension beyond 6 Years; Stay Outside One year; Remainder Option

    Question

    I stayed in US on H1b from 2013-18, almost 5 years and went back to India. In 2020(after 1 year of cooling period), my employer has filed new application for H1B and lottery got selected in 2020.
    I got my visa stamped in April 2021 with a validity till 2023.Because of new location & salary mismatch, I had to file the amendment and this time I got the approval for next 9 months only till March 2022.
    On further enquiry with my employer's immigration team, I came to know that USCIS has used the remaining 9 months on the first H1B. My queries are:
    1. Does it mean I will be allowed around 7 consecutive years of stay in US( 9 months on older visa plus 6 years on new visa) or I need to come back to India and serve 1 year of cooling period after spending 9 months ?
    2. Will my new visa be applicable once I spend 9 months of time in US?
    3. Is there a way I can opt to take approval duration on the current visa only?

    Answer

    Video URL

    Friday, March 26, 2021 - 10:20

    Cap-exempt to cap-subject H-1

    Question

    Situation: I am on a cap exempt H1 with an approved I-140 more than 180 days and I found an employer who can file my cap subject H1 this April.

    1. If the cap subject H1 is approved before oct 1st, will my new employment start date be earlier than October 1st?
    2. Should I have to leave my current employer as soon as the other H1 is approved?
    3. What if I don’t join the new employer until I find a project with them? Meaning, can I wait until after oct 1st until I find a project with them?
    4. From your previous calls, I understood that if the new H1 is not revoked until oct 1st, I don’t have to go under cap anymore. Is that still accurate? Also, can you explain about getting a new I-94?
    5. Should I have to go thru the GC filing all over again? 
    6. Can I start working with new employer while continuing my current employment?
     

    Answer

    Video URL

    Thursday, March 25, 2021 - 06:48

    H-1B revoked by the USCIS - impact on Quota/lottery exemption

    Question

    I have question to related to H1B revocation and Cap exemption.

    I am based in India and have never traveled to the US. Back in 2014, Employer A filed H1B for me. It got picked in the lottery, got approved for 3 years till August 2017. When I went for Visa stamping at Chennai consulate, I was given 221g and the case was sent back to USCIS and it got revoked in August 2017. ( about 3 years later of my H1B Approval)

    Now I have an employer B who is ready to sponsor H1B. Am I eligible for cap exempt or should i go through the regular CAP quota? Earlier H1B can be used and transferred to my new employer?
     

    Answer

    Video URL

    Wednesday, March 24, 2021 - 08:21

    F-1 to H-1B lottery - How to transfer and change jobs from employer A to employer B?

    Question

    1. I am a F-1 student graduating in May 2021. An employer "X" wants to e-register me for the H1B lottery and I am hoping for a better offer from employer "Y". Suppose I got selected in the H1B lottery filed by "X". Can I start working for employer "Y"? What are my options to work for employer "Y"?

    2. Can employer "Y" file my H1B petition even though I was registered in the lottery by "X"?

    3. Can I ask "X" to not file an H1B petition after winning the lottery and use F1-opt as work authorization?

    4. I am also applying for F1-OPT. Can I use my F1-opt to work till September for "Y" and then use H1B in October to work for "Y" while it was filed by employer "X"? I believe "X" would send an H1B petition with change of status.

     

    Answer

    Video URL

    Wednesday, March 24, 2021 - 07:53

    DUI and I-485 approval

    Question

    I'm currently on H1-B visa. I applied for I-485 in October 2020 and I got my EAD/AP card approved. I'm in EB2 category with priority date of March 2011.

    I was convicted for DUI in November 2011 and consulted Rajeev Khanna Sir in 2012 through 15 minutes telephone consultation. As Rajeev sir advised, I got the certified copy of court disposition and a letter from criminal lawyer explaining that this is a misdemeanor -- quoting the statute.

    So with the first time DUI arrest (in 2011 been 10 years) , I have 2 questions:
    1) I would like to know if first time DUI affects my chances of getting I-485 approval?
    2) I'm planning to convert from my H1-B status and start using EAD, will it be wise to do that considering the DUI arrest.
     

    Answer

    Video URL

    Friday, March 12, 2021 - 10:05

    Will Duration of CPT Violate Status and Impact H-1B?

    Question

    I am pursuing my PhD from a well established accredited university in the USA for over 5 years. My PhD is likely to get over by Feb/March 2021. My PhD has a provision of doing day 1 CPT and I have been on CPT since my first semester ( Fall 2015) to date. My CPT is related to my area of PhD. My DSO has been regularly, updating every semester and endorsing my I-20 with my CPT details.
    My questions are as follows:
    1. Am I violating my status by doing this CPT?
    2. Will this CPT for such a prolonged period impact my chances for an H-1B visa?

    Answer

    Answer 1. In my opinion, you are not violating your status. The USCIS interpretation of CPT is flawed. In my opinion, CPT should be available as long as the course requires. That is true even if the CPT goes on for several years.

    Answer 2. In the worst-case scenario, if the government continues in their illegal interpretation of the CPT rules, they can make you go outside the United States for H-1B visa stamping. I do not see how the consulate can deny a visa on the grounds of using CPT. You have done everything by the book.

    Wednesday, February 10, 2021 - 08:08

    Filing Supplement J, staying without work on EAD, H-1B denial effect on I-485

    Question

    I am currently on H1-B visa (valid until Dec 2021) and my Priority date is May 15, 2010, in EB2. I am working for employer A and I have recently applied for I-485/AOS in Oct 2020. Both EAD/AP are not approved yet and haven't received biometrics notice yet from USCIS. Kindly see below questions and advise.<br>

    1) If I change to employer B after 180 days of filing I-485, how would USCIS know that I changed my employer if I do not file new I-485 J that's given by employer B?
    <br>
    2 After getting EAD, can I stay without working for a few months? Is there a regulation that says that employment based I-485 applicant needs to work continuously after obtaining EAD?
    <br>
    3) I am working for a consultancy company and recently changed my client who is not within 50-mile radius of the existing MSA. My current employer A is not planning to file H1-B amendment. In this case, if there is a site visit by USCIS officer and if they revoke H1-B, then am I still considered to be in legal status because I already applied for I-485 in Oct 2020? Am I safe to stay legally in USA in this scenario even though I did not receive EAD based on AOS?
    <br>
    4) If H1B amendment/extension of an employee gets denied after filing AOS/I-485, is the employee still considered as in-status because of pending I-485?

    Answer

    Watch the Video on this FAQ:

    Filing Supplement J, staying without work on EAD, H-1B denial effect on I-485


    Video Transcript

    1. Usually if you do an H-1B transfer or if the I-140 is revoked that becomes their source of knowledge.

    2. Absolutely, the regulations only require that when asked, you should be able to produce an offer of employment for the same or similar job and file Supplement J. This is only when asked.

    3. If you have a I-485 pending you are always allowed to stay in the United States, but make sure that you have an EAD.

    4. Normally an H-1B denial has no effect on the Adjustment of Status I-485. FAQ in detail...



    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Friday, January 29, 2021 - 08:47

    I-485 AOS filed - Maintaining H-1B status after getting EAD/Changing jobs after I-485/Being unemployed/Start own business, etc. (Filed for I-485, EAD, AP along with EB-2 to EB-3 I-140 downgrade)

    Question

    I have filed for I-485,EAD,AP along with EB2 to EB3 I-140 downgrade in October 2020. Got the receipt notices.
    1)After 6 months of I-140 approval & I-485 pending with USCIS. Once if I switch job to new employer and use my EAD,AP. Should I have to ever come back to my employer (who sponsored my green card)before I receive green card or after I receive green card for any duration of time anytime?
    2)What happens if I stay unemployed after using EAD for some days before I receive the green card? Is my I-485 automatically denied?
    3)Is it possible for me to go back to EB2 line with same employer if I start using EAD and AP based on EB3 downgrade I receive?
    4)Is it possible to start a company on my own using my EAD and work for my own company till I receive green card? If yes, then say I am working project to project basis consulting do I need to file any other documentation?
    5)Why do people maintain H1B status even after getting EAD. Only risk I understand is I-485 denial. But if everything is clean and clear with respect to I-485 why do candidate needs to keep maintaining H1-B visa.
    6)What are the risks for EAD and AP renewal. Does the candidate need to prove anything related to job/salary etc any time for renewing EAD and AP each time till I get green card.

    Wednesday, January 6, 2021 - 07:03

    Delay litigation/Mandamus

    Question

    I am on H1B and we applied H1B renewal and H4 and H4 EAD for my wife which is pending , my wife company is ready to apply H1 (she already used her H1 before from 2013 to 2016) , just wondering what will happen to her H4/H4 EAD application which is pending to USCIS right now ? I am hearing lot about litigation for H4 , are you filing litigation if needed ? If so what is success rate ?

    Answer

    Watch the Video on this FAQ: Delay litigation/Mandamus

    Video Transcript

    Delay litigations are highly useful, but not in all cases. FAQ in detail...

     

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Wednesday, January 6, 2021 - 06:52

    Loss of H-1B Job and Opting for B-2 Visa

    Question

    1) I lost my job almost 6 months ago. I was on H1B with I-140 approved. I filed for a change of status to B2 (not approved yet). Now I have to extend again since I wasn't able to find a job and cannot move out of the USA right now.
    How long/many times can one extend a B2 under the given circumstances?<br>

    2) If for whatever reason say the original B2 petition filed in July gets denied do I get illegal presence for all these months from July? How long(days/weeks) does a person has to leave the country in this case?
    <br>
    3) Any suggestion on what steps to take if USCIS does not approve COS from B2 (pending) to H1b but processes as consular processing. I am a Canadian resident but I heard only emergency visa appointments are available.

    Answer

    Watch the Video on this FAQ: Loss of H-1B Job and Opting for B-2 Visa

    Video Transcript

    1. Until the B-2 is denied you could try to keep getting it extended.

    2. No, as long as a timely filed B-2 was pending you have no unlawful presence.

    Well, technically you have no grace period to leave, but the 180 days begin to be counted from the date of the B-2 denial, not from the date of the 60 days expiration of the H-1B.

    3. At this point you should talk to a lawyer.  FAQ in detail...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Wednesday, January 6, 2021 - 05:59

    Supplement J timing and joining previous Employer

    Question

    I was working with employer A for 7 years on H1 B and they have filed Labor and I-140 with Priority Date 2014. Now I am on H4 EAD since 2019 and working for employer B for same role .
    My Priority date was in filing date chart and my ex employer A agreed and filed my I-485 with form J on November 2020. Do I have to join my old Employer A now or it's fine if I join them after I-485 is Approved? If I don't join them now , will there be any problems in the 485 interview if I intent to join after I-485 approval ? Is it possible that employer B can file form J form after 180 days of I-485 receipt date without joining my old employer A considering my Priority date will be on the final action date after 4, 5 years .

    Answer

    Watch the Video on this FAQ: Supplement J timing and joining previous Employer


    Video Transcript

    You have to discuss your case with your lawyers.  I would recommend having your lawyers review your honest intentions make sure that everything is all right and then if you file the I-485 under whatever circumstances, Supplement J can be used after 180 days. FAQ in detail... 

     

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Tuesday, December 15, 2020 - 10:54

    Priority date and original I-140 approval notice

    Question

    I am currently on H1B visa (3rd year) and a few days back I got my I-140 approved in EB-2 category. I want to know if I can change my employer and retain my priority date.

    Thursday, October 1, 2020 - 07:29

    Priority date and original I-140 approval notice

    Question

    I am currently on H1B visa(3rd year) and few days back I got my I-140 approved in EB-2 category. I want to know if I can change my employer and retain my priority date.

    Answer

    Watch the Video on this FAQ:

    Priority date and original I-140 approval notice

    Video Transcript

    So once again the priority date is yours the moment the I-140 is approved whether it is revoked the very next day, but if it stays unrevoked for 180 days whether or not you're with the same employer you also carry forward the right to extend your H-1B. FAQ in detail...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Friday, September 25, 2020 - 10:56

    Changing Status During a Pending Application - Authorized Period of Stay

    Question

    Currently, I am On My H1B, filled H1 extension on time, before I -94 expiry, ( Perm, I-140 Approved ). When H1 extension pending in normal process can I apply for a change of status to F1 by using the H1 receipt number? While I am on F1 if my Priority date is current, can I Adjust my status / file (i-485) when I am on an F1 visa? Will it be an issue If I am F1 visa to Adjust my status if priority date is current?

    Answer

    Watch the Video on this FAQ:

    Changing status during a pending application - authorized period of stay


    Video Transcript

    There is an assumption if old status has expired and you have an application pending you are just in authorized period of state. And by the way, if you have an employment based green card going on and your dates become current you can file a I-485 that is if you are protected by section 245(k). 245(k) says we will forgive you being out of status or unofficially employed for up to 180 days if you are an employment based applicant or their derivative so if your old status expired, F-1 is pending, but the old status expired less than 180 days ago you can file I-485. FAQ in detail...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Friday, September 25, 2020 - 09:17

    Unstamped H-1B Quota Exemption

    Question

    I had an H1B from my previous employer that was valid from Dec 2016-Dec2017. I never got the visa stamped and it has complete 6 years unused on it. The question I need your help with is if an employer files H1B for me, would it be eligible for Cap-Exempt processing or not?

    Answer

    Video URL

     

    Friday, September 25, 2020 - 08:05

    Owning or Doing Business on H-1B

    Question

    Is there any legal issues with starting a LLC for a software product on H1B based on below scenarios.
    Scenario 1: Start a LLC in partnership with a US Citizen. For example say I would be 90 % stockholder and the other person would be 10 %. My partner would run the company and do all the work that is needed to sell the software product. I would be a passive owner and not involved in any active duties.

    Scenario 2: Start a LLC as 100 percent stockholder and employ a GC holder or US Citizen as a manager to run the company. I would be a passive owner and the manager would do all the active duties. Is there any restrictions around how much salary i should pay the manager of my company? How about if i offer him/her 10 % of the stocks as a compensation instead of salary or offer him/her commission based salary?

    Answer

    Watch the Video on this FAQ: Owning or doing business on H-1B

    Video Transcript

    1. I do not see any problem with that.

    2. I think that's fine, but a little bit more complicated. There is no restriction on the salary to be paid to the manager and you can pay them in stocks FAQ in detail...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Tuesday, September 15, 2020 - 08:00

    H-1B portability without a visa stamp

    Question

    I came to US on H-4, so I have only H-4 stamping in my passport. Got my H1b picked up in lottery two years back, and did COS to h1, and have approved i797A with I-94 and working with my current employer.

    Got an offer from another company, and they filed my H1b transfer, and got the i-797A approval with I-94.

    So my question here is, can I join the new company using the H1b transfer approval, even though I don’t have H1b stamp at all in my passport? Will this be a valid H1b transfer?, or should I go back to India to get my H1b stamping to join the new employer?

    Answer

    Watch the Video on this FAQ: H-1B portability without a visa stamp

    Video Transcript

    When you have an H-4 visa stamp and you came to the United States and you got selected in the lottery that means you got your H-1B and you got your change of status. If you change employers you can start working as soon as your change of employer paperwork is delivered to the USCIS. You do not need any H-1B visa stamp for that purpose. FAQ in detail...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Wednesday, August 26, 2020 - 07:14

    Changing jobs while I-140 pending and change in job title

    Question

    I have my PERM approved from my current employer A recently this month, can I still use my PD when I transfer my H1B to a new employer B, before I-140 approval or when I-140 is in progress with the old employer A?. If my job title is changed (from 'Software Engineer' to 'Business systems analyst')with changing job to the new employer B, can I still use the approved perm from employer A for the PD or to extend my H1B max stay beyond 6 years?

    Answer

    Watch the Video on this FAQ:

    Changing jobs while I-140 pending and change in job title


    Video Transcript

    No problem at all with the job titles and the only requirement is on the date the I-140 is filed there is an intention to continue with the job. FAQ in detail...

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Thursday, August 20, 2020 - 01:58

    Deadline to join new employer after H-1B transfer is approved

    Question

    After H-1B transfer is approved with the new employer, how long do I have to decide if I can to join the new employer? Can I join after 90 days of H-1B transfer approval? Is there a deadline?

    Answer

    Watch the Video on this FAQ:

    Deadline to join new employer after H-1B transfer is approved

    Video Transcript

    The answer is there is no deadline... FAQ in detail

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Tuesday, August 18, 2020 - 05:44

    H-1B no notification of termination, 60 days grace period, etc.,

    Question

    My employer ended my employment due to COVID reasons on May 31, 2020 but I never received an official termination letter. Calculating the grace period depending on the assumed termination date mentioned above, I have till July 30 to find a new job. Should my new employer give me an offer or start the H1B transfer application before July 30? What happens if they fail to do so in time? Can I extend the grace period on the basis of having an offer in hand or maybe because of the pandemic? My final interviews with potential employers are being withdrawn because of the time restriction.

    Answer

    Watch the Video on this FAQ:

    H-1B no notification of termination, 60 days grace period, etc.

    Video Transcript

    File a complaint against the employer with the Wage and Hour Division of the U.S. Department of Labor by filling up the form WH-4. You can also call them. 

    The 60 day grace period works like this. The new employer must make sure that your H-1B transfer application is received by the USCIS within 60 days. So the LCA should be done, the package prepared and USCIS should receive your H-1B transfer within 60 days, otherwise you will be out of status and you will have to go outside the USA for visa stamping pandemic or no pandemic, also remember there is a proclamation that will stop you from coming back at least before December. Make sure you remain in status or at least file a B-2. FAQ in detail...

     

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Thursday, August 13, 2020 - 04:21

    H-4 EAD Issues

    Question

    I am having H4-EAD,Can I start any business?

    Answer

    Watch the Video on this FAQ: H-4 EAD issues

    Video Transcript

    You can start a business, any business and 10 businesses if you want. The only issue is what if there is a gap in your EAD. You will not be able to run that business, somebody else should be able to do that for you. That's the only practical difficulty. Legally, there is no problem. You can do whatever you like. FAQ in detail...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Tuesday, July 28, 2020 - 03:38

    Working from Canada on or off H-1B

    Question

    Questions,
    1. Can I stay in Vancouver while I commute to Seattle for work once a month for a day?
    Is there any restriction on the amount of time I need to spend inside the US on H1B?
    Is there any restriction to how frequently I can go in/out of the US on H1B?
    <br>
    2. Since my work location would be changing to Seattle from California for me to be able to do this. I am suspecting my PERM will need to be refiled. But given that my H1B is expiring next year and the PERM, I140 process takes almost 1-1.5 years. Can my current company use an older existing approved I-140 petition to help me get my H1B Visa extended? My older I-140 had been approved for more than an year before I left the employer.
    <br>
    3. Will doing this have any impact on my H1B Renewal? I would need to go for re-stamping next year in September.

    Answer

    Watch the Video on this FAQ:

    Working from Canada on or off H-1B

    Video Transcript

    1. Sure and there are no restrictions on time.

    2. No, not really. Depends on how the PERM was filed. You should talk to your lawyers. Regarding I-140 yes of course as long as at least one day of that approval period was on or after January 17, 2017.

    3. No impact on your H-1B renewal.

    FAQ in detail...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

     

    Tuesday, July 28, 2020 - 03:07

    Covid-19/Coronavirus applying for B-2 status

    Question

    I came to the US on H1b in 2010. My i140 got approved in Dec 2013. I joined a new employer on 21 Feb 2020. My H1B got approved till 20 Feb 2023, But I did not receive any receipt notice for my wife and my elder son H4. My employer told me that he applied for an H4 visa for my dependents.

    Unfortunately, I got laid off due to COVID-19 and my employer notified USCIS on 8th June 2020 to revoke my visa. My priority is to find a new job. But in case I do not find any job I would like to move out of the USA, I do not want to accrue unlawful days. But, due to the COVID-19 situation in India, I am scared to travel to India.

    My wife called USCIS and was asked to email USCIS on lockboxSupport@uscis.dhs.gov to notify her of the receipt number of my wife and son. But she has not received any response.
    I want to stay in the USA until the COVID-19 situation becomes normal. As per the Document COVID Coronavirus Converting to B-1 B-2 status.pdf on your website, I can apply for a change of status to B1/B2?

    Answer

    Watch the Video on this FAQ:

    Covid-19/Coronavirus applying for B-2 status

    Video Transcript

    Reach out to your lawyers and explain to them what is happening and tell them to make sure you get copies of everything. File for your family's B-2 if your H-1 is not filed within that 60 day I-94 time. If it is filed go ahead and file another H-4 application with them. For applying for EAD under certain circumstances please click here

    FAQ in detail...


    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

     

     

    Wednesday, July 8, 2020 - 07:09

    Students aging out of H-4

    Question

    1. My son is currently a student studying engineering at a 4 year public college in Illinois. I am working in the US on H1B, and my son is on H4. The issue is that he turns 21 next year before he would finish his final year in college, and since would age out of the H4 So what are the options he has left to continue his study Can he change to F1?<br>

    2. What are the caveats to this? Can he do the adjustment of status in the US, or does he need to travel out of the country? I've heard that F1 visa processing takes a long time to process, and there is no determinate time - he has about 14 months for him to become 21 years as of now. When inquired the college said they are not processing the I-20s for Fall 2021 now, only for Spring 2021, and have asked him to wait, what are the consequences of this ?

    Answer

    Watch the Video on this FAQ: Students aging out of H-4

    Video Transcript

    1. He can change to F-1

    2. You are likely to get the H-4 to F-1 conversion and he should be able to do it within the United States. You can check with them about I-20s. File as early as you can and that's the best you can do. He might be able to travel to Canada or Mexico to get his F-1 visa stamp in done. FAQ in detail...


    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Tuesday, June 9, 2020 - 06:32

    Covid Coronavirus Converting to B-1 B-2 status

    Question

    My employer has applied for my H1 B extinction and got an RFE ,based on RFE responded but I got denial USCIS site 03-20-2020. But my employer still did not received denial notice. How many days I can stay in the USA after denial. (my I-94 has expired Jan-25-2020)

    Answer

     

    Watch the Video on this FAQ:
    Covid Coronavirus Converting to B-1 B-2 status and 
    Covid Coronavirus H-1B denial

    Video Transcript


    A lot of you who have been laid off can use this information to maintain status. Lets say you got laid off in your H-1B. The way the 60 day grace period works is, you are given either the time remaining on your I-94 or 60 days whichever is less. So if you have only 45 days on your I-94 you have got a 45 day period not a 60 day period. 

    As long as you file a B-1/B-2 application with the government within those 60 days or 45 days depending upon your situation I think you are going to be quite OK. But here is what you need to understand. When you file B-1/B-2 you will use the form I-539. You will prepare a cover letter to the government telling them the truth that you have been laid off unexpectedly in the times of coronavirus. You cannot travel outside the USA, finding another job is getting difficult, you have enough money to support yourself, you will not work illegally and you are asking for a six month stay on a B-1/B-2 status and that as soon as you are back on H-1B you will not start working until the H-1B is approved. So make these points with the government.

    You can file the application online. While this application is pending you are not accruing unlawful presence. You are in an authorized period of stay. But here is one big point to remember. If you ask for six months your application is probably not going to be decided till about nine months. The last three months you would be accruing unlawful presence. So what you need to do is before the requested six month period is over if you have not found a job, apply for another extension even though the first one is still pending. Keep applying for further extensions until you need them no more.

    But B-1/B-2 is a great way to maintain your status. Nobody can travel during this time, so obviously you have something pending with the government even if you are out of status. These are extraordinary circumstances the government should forgive you for being out of status and at some point either at the point of the fist B-1/B-2 or at the point of the second B-1/B-2 approve your B-1/B-2 therefore take away all your unlawful presence issues and if they don't that’s what the good lord made the courts for. Apply for a B-1/B-2. It is a very important way to do things.

    FAQ in detail...

     

     

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Wednesday, May 6, 2020 - 11:34

    Implications of the 240 days grace period

    Question

    I am on H1-B with approved I140. My I94 expired on 10th October and my H1 extension was filed in time. After 7 months of processing time I got RFE even though my employer has filed two service requests requesting to expedite the process. Regardless now that I have got the RFE there is a very high probability that I wont get a response before 240 days which is on 6th June. As far as my understanding goes I am allowed to stay even after 240 days of H1 extension waiting for the decision but not authorized to work. Is that understanding right?

    Answer

    Watch the Video on this FAQ:

     

    Implications of the 240 days grace period


    Video Transcript


    When you file your petition timely you have a 240 days grace period to continue working even after your current status expires. That is a very big advantage, but the problem is what if the government takes more than 240 days to adjudicate. While the case is pending you can work for only 240 days, but you can stay an unlimited amount of time in the United States as long as the case is pending.

    In the context of an H-1B if you have filed for an extension to change you can continue working as long as the case is pending, but if you have filed for an extension without change, you have got 240 days. FAQ in detail...


    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Thursday, April 30, 2020 - 01:39

    Covid Coronavirus Question from Employers about Payroll for H-1B and others L-1, E, etc. employees

    Question

    We are looking at various measures of safety and expense control. First and foremost everyone is working from home for their on safety and wellness. For expense control one idea that we were discussing was a potential pay rate reduction for a short period of time.

    Answer

    Watch the Video on this FAQ: Covid Coronavirus Question from

     Employers about Payroll for H-1B and others L-1, E, etc. employees


    Video Transcript

    If you look at the Department of Labor regulations they say that the employer cannot stop paying a salary or the right amount of salary for anything that the employer does. So if you don’t have a project that's your problem. If by law or by local order you cannot open offices and you cannot work, would you as an employer be allowed to pay a lesser salary and that might be something to look at because rather than laying off all the people that your concerned about I would have you to think about other alternatives. FAQ in detail...


    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Thursday, April 30, 2020 - 01:39

    Covid Coronavirus changing H-1B home office location

    Question

    I recently got approval for Work From Home, from my client. So my work location will be my home. My H1B Amendment is filed. Because of situation, I have to change my home i.e work location, within same MSA. Also, if we can change the house, just updating AR-11 will suffice?

    Answer

     

    Watch the Video on this FAQ:

     

    Covid Coronavirus changing H-1B home office location


    Video Transcript

    Changing location of work within the same geographical area is not a problem. Do remember to file your AR-11. FAQ in detail...



    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.


    Tuesday, April 28, 2020 - 01:39

    Covid Coronavirus H-1B employee furlough's impact on green card and H-1B

    Question

    I currently have an approved I-140 with my former employer which is past 180 days. I'm on my H1b (exp May 2021) with my current employer, now my current employer has furloughed me for 90 days and asked to return to work after the furlough period. During this time I'll be paid 20% of my salary or could use my PTO (200 Hours). What options do I have to maintain my status during the furlough period? Can I take paid/unpaid leave and go back towork for the same employer or do I need to find a new job?

    Answer

    Watch the Video on this FAQ:

    Covid Coronavirus H-1B employee furlough's

     impact on green card and H-1B


     

    Video Transcript:


    First of all you haven’t lost status in my opinion because you can always claim with the government that you are maintaining status and the non-payment of the full salary is no fault of yours. I don't think you can do much during the coronavirus times. Don't worry about status. You have not done anything wrong and definitely you are not accruing unlawful presence. At the termination of this coronavirus period you can continue the same employment, but I would rather have you change employers and get another H-1 then file a complaint against the employer because they have to pay you a hundred percent of your wages. They cannot just pay you twenty percent. That’s illegal. FAQ in detail...



    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Sunday, April 26, 2020 - 01:39

    Loss of job/laid off during Covid/Coronavirus times

    Question

    I lost job and my last date of employment with the employer is March 20, 2020. This employer sponsored H1B and also had ported GC AOS in 2018.:

    1. After my last date of employment (March 20, 2020), how much time do I have to transfer H1B and I-487 to a new employer?

    2. Will losing the job affect the EAD renewal in processing?

    3. How would it affect I-487 application, which can become current any time soon?

    Answer

    Watch the Video on this FAQ:

    Loss of job/laid off during Covid/coronavirus times

     

    Video Transcript:

     

    First of all you are in a good situation because if you have a I-485 pending then you can continue to stay even if you lose your H-1B or L-1 or any status because I-485 allows you to stay here. EAD that comes with I-485 allows you to work here and advance parole that comes with the I-485 allows you to travel. Keep in mind that all these are additional benefits to being able to stay.

    1. You have 60 days or the time remaing in on I-94 whichever is sorted so in this case probably 60 days.

    2. It will not.

    3. By the time you are ready to deal with the I-485 you should get another employment or at least an employment offer. More...


    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Tuesday, April 21, 2020 - 01:39

    H-1B visa holders during COVID

    Question

    1. Is H-1B visa holder eligible for unemployment only if laid off or even furloughed? if yes, how do we know that we are eligible?

    2. Where can I check my i-94 expiration date?

    3. If I now have to change from H1 to B2 due to furlough, and if I have to return back to work later with the same employer, should i have to go out of the country to change back to H1?

    4. What are the effects to my H1b if I have to chose using PTO or unpaid leave or combination of both, or if I have to work just 20hrs/week?

    5. If I have to apply for a H4 and an EAD, do both of them get approved at the same time? I am asking this because I wanted to know if there could be a gap in my employment after I switch from H1 to H4 waiting for EAD.

    Answer

    Watch the Video on this FAQ: H1B visa holders during COVID

    Video Transcript:

     

    1. You can definitely take the state unemployment insurance if the state law allows. 

    2. I-94 expiration date is in one of the two places. If your most recent I-94 was issued upon international travel you can go online and print out a copy but if your most recent I-94 was issued within USA as a change of status  you will need to get a copy of the approval notice at the bottom of which the I-94 is attached. Your lawyer should cut it out and give it to you. They are required by law to give it to you.

    3. You cannot do that.

    4. Reducing the number of hours is less objectionable. 

    5. They are taking a long time and they don't necessarily have to get approved the same time. Yes, there is likely to be a gap. FAQ in detail...


    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Saturday, March 21, 2020 - 01:39

    Transfer of H-1B while extension is pending

    Question

    Can H-1B transfer happen in such case from company B? If yes then if this transfer is approved but previous H1b extension is not approved which is from company B will it impact my status in US? Can I work for company B still? Will there be any chance that I have to go to India and come back with stamped visa ?

    Answer

    Watch the Video on this FAQ:

    Transfer of H-1B while extension is pending

    Video Transcript:

    Yes you can. You can join company B but if the case is denied you will have to go outside the USA for visa stamping. FAQ in detail...




    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Sunday, March 15, 2020 - 01:39

    What to do after an H-1B (or L-1) denial

    Question

    I got my H-1B denial on 02/20/2020. H1B expired date : 1/31/2020. I-94 expired date: 2/10/2020. H1B extension denial date: 02/20/2020. H1B filed date: 12/07/2019. H1B RFE date: 12/27/2019. H1B RFE replied date: 02/02/2020. How long can I stay ?

    Answer

    Watch the Video on this FAQ:

    What to do after an H-1B (or L-1) denial

    Video Transcript:

      

    The fact is that you are accruing unlawful presence beginning February 20th. So if you stay in the US 180 days after that you will be barred from entering the USA for 3 years. FAQ in detail...



    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Friday, March 13, 2020 - 01:39

    Work duration and damages contracts under H-1B

    Question

    In my offer letter, they have mentioned if they sponsor H1b I need to work with them for 5 years. What happens if I change the company by down the road within these 5 years?

    Answer

    Watch the Video on this FAQ:

    Work duration and damages contracts under H-1B

    Video Transcript:

    Please check on the state laws about whether these contracts are even legal or enforceable. You can also visit this link on my article on :  

    Liquidated damages clauses In H-1B visa holders’ employment contracts



    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Saturday, February 15, 2020 - 00:39

    Risk for green card process in joining a small company, unfamiliar with immigration

    Question

    I have an approved I-140 with priority date of June 2013 from Employer "A". I moved to employer "B" in 2018 and extended my H1-B till June 2021. He is currently processing my labor for new application. Meanwhile, I got offers from "C" and "D". "C" is an established firm and is well aware of the immigration process. "D" is a small business enterprise started about 2 years ago and haven't sponsored any employee yet.

    Answer

    Watch the Video on this FAQ: Risk for green card process

    in joining a small company, unfamiliar with immigration

    Video Transcript

    If the company is willing and able to support your application by all means join a big or small company, it does not matter. FAQ in detail...


    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Wednesday, February 12, 2020 - 00:39

    Does withdrawing a timely filed application/petition with the USCIS lead to unlawful presence?

    Question

    1. Can I just withdraw the whole petition? and go out of the country and travel back on H4
    2. Will withdrawing the "Extension+Amendment" petition without responding to the RFE make my presence UNLawful for the last 11 months. (I-94 Expired Dec 2018 last year) because I worked on the client on their new address without an approved amendment?

    Answer

    Watch the Video on this FAQ:

    Does withdrawing a timely filed application/petition

    with the USCIS lead to unlawful presence?


    Video Transcript

     

    In amendment case there is no 240 day limit. You can keep working as long as the file is active. 240 days is only extensions without a change. If you want to withdraw and go out of the country and travel back on H-4 for  that is fine.There is no unlawful presence here and you should always respond to RFEs. Never walk away from a RFE. It red flags your case.  The government starts thinking you are trying to do sometime. FAQ in detail...



    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Tuesday, January 28, 2020 - 00:59

    Consequences of losing my job on H-1B and revocation of I-140

    Question

    I am on H1-B and I lost my job 7 days back. I have I-140 approved with Priority date 2015
    Do I need to inform USCIS that I lost my job and I am searching for job ? if yes how and where ?
    How many days I stay in USA and search Job ?
    My I-140 was approved 8 months ago and now my employer said that he will revoke it , what will be impact on me after he will revoke it I-140 ?
    Am I able to extend my H1-B, once he revoke my I-140 ? ( my H1-B 6 years are completed)
    If I will go back to India and search job from India, can consulting companies transfer my H1-B in this particular situation ? or I will face complication ?

    Answer

    Watch the Video on this FAQ:

    Consequences of losing my job on H-1B and revocation of I-140

     

    Video Transcript:

    The moment the I-140 is revoked nobody can take away your priority date. The only time priority date can be taken away is if the I-140 was approved in error or through fraud. On the other hand, once the I-140 has been approved and stays approved for 180 days not only do you keep your priority date, you also keep the right to keep extending your H-1B beyond six years with any employer. So180 days is a great time to wait. These regulations changed on January 17th, 2017. Any cases that occurred after that date would have to go by these regulations. FAQ in detail...

     


    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Thursday, January 23, 2020 - 04:55

    Must we maintain H-1 or L-1 status while I-485 is pending?

    Question

    Is it mandatory to maintain non-immigrant status (H1B) until the I-485 application is approved (a green card is issued)? I am not sure whether USCIS will send an RFE and/or call for an interview when my PD becomes current.

    Answer

    Watch the Video on this FAQ:

    Must we maintain H-1 or L-1 status while I-485 is pending?

    Video Transcript:

    Yes, you SHOULD maintain H-1 or L-1 status while I-485 is pending, because these days, especially the government can create odd problems with your I-485. FAQ in detail...

     


    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Thursday, January 16, 2020 - 01:53

    Variation in H-1B job approved and actually performed

    Question

    I am getting new job as a developers right now.

    My new employer is fine to give me offer letter as a Senior Technical Project Manager and keep my job profile as a Senior Technical Project Manager but he wants me to start work as a developer at client place.

    What all important things I will take care so that I will not face problem with my green card please guide me ?

    Answer

    Watch the Video on this FAQ:

    Variation in H-1B job approved and actually performed

    Video Transcript:

    Minor variations in jobs are normal. But the key question is; is there a substantial change. Any substantial change in an H-1B job requires an amendment. Please stick with the truth. Be honest about what your job is and what is required is that you make a good faith estimate at the time you file the H-1B. If there are minor variations, the system will tolerate them, but if there is a substantial change file an H-1B amendment. Also, as long as you are qualified you can take any job for which you are qualified, without regard to what you did before. FAQ in detail...

     


    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Thursday, January 16, 2020 - 01:27

    How far ahead of job or petition start date can I apply for H-1B visa stamping?

    Question

    My H1B got approved for just 11 months started this October 2019. My H1b is expiring on August 15 2020 and I-94 on August 25 2020. My company will be filing for an extension under premium after February 15th which will be 6 months before my H1B expires. Thinking that I will get my H1B approval notice by end of Feburary 2020 under premium. Can I travel to India during the March 2020 and get my H1B stamping done based on my new approval of H1B given my old H1B is only expiring on August 15 2020. Want to avoid H1B stamping twice if I wanna travel in future after August 25 2020.

    Answer

    Watch the Video on this FAQ:

    How far ahead of job or petition start date

    can I apply for H-1B visa stamping?

    Video Transcript:

    For H-1B the recommendation at the U.S. consulate in India is 90 days. You can apply 90 days ahead of time, but they do make exemptions and I have seen them do it as much as six months ahead of time. Always a good idea to check. My understanding is that their website says something like 90 days, so just keep that in mind. So if you are going to apply for an H-1B you can apply perhaps 90 days ahead of the start date or the petition approval date.  FAQ in detail...

     

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Thursday, September 26, 2019 - 06:18

    Travel During H-1B Amendment and Using Old Employer's Visa Stamp

    Question

    I had to travel to INDIA because of my Father's serious health condition on FMLA. Currently my H1-B amendment is in process, so I am looking for my options to travel back to US. Below are complete details.<br>
    I have moved to my current employer in April 2019 and I have approved H1-B for 3years.<br>
    Now because I am changing client and location, they have filed amendment and it is currently under process.<br>
    I don't have STAMPING with my current employer but I have STAMPING with my previous employer until end of 2019.<br>
    During Job change from my previous employer I have applied for H4 and also change of employer. Both got approved and I revoked my H4 application.

    Answer

    Watch the Video on this FAQ:

    Travel during H-1B amendment and using

    old employer's visa stamp

    Video Transcript:

    You can travel out while your H-1B amendment is pending and you should be able to use the visa of the old employer. FAQ in detail....

     

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

     

    Tuesday, September 24, 2019 - 06:40

    Effect of H-1B Approval on H-4 EAD

    Question

    My wife currently working on H4 EAD which is valid till October 2020. Her company filed for H1B this year and she got approval for 3 years starting 10/01/2019.
    However, She would like to stay on H4 EAD. Does law permits her to work on H4EAD even after her H1B approved? or naturally her work visa status will convert to H1B effecting 10/01/2019?

    Answer

    Watch the Video on this FAQ: Effect of H-1B approval on H-4 EAD

    Video Transcript:

    The practical solution would be to have your lawyers contact USCIS and explain to them the problem, and if you are willing to take a risk go ahead and have the H-1 revoked. Also make sure that it gets done over the phone as well as in writing. So if a change of status does not take effect I think you would continue to be in the old status which is H-4 EAD. So act quickly before October 1st to revoke or withdraw your wife's H -1. FAQ in detail...

     
    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Wednesday, July 31, 2019 - 02:23

    What to Expect from H-4 EAD Revocation

    Question

    I am on H4 EAD working in a full time job .Now as their are news coming to revoke H4 EAD, if the H4 EAD rule revokes, what might be the other options for me to continue my job? If I join masters, will I get the CPT if I change to F1 visa in the final semester. Is it valid like that?

    Answer

    Watch the Video on this FAQ:

    What to expect from H-4 EAD revocation

    Video Transcript

    You can join Masters and you can get CPT but the government is now saying that CPT OPT combined can be only one year. So there is not a whole lot of options. Once we know the final regulations, we will be able to guide you better, but right now this is all we know. FAQ in detail...

     

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Wednesday, July 31, 2019 - 02:10

    H-1B Unpaid Leave or Time off

    Question

    I am working on H-1B for Employer A. I want to switch jobs and need a study time for about 3-5 weeks full time. I was thinking if I could go an unpaid leave from my current job for 5 weeks, and use this time for my preparation? It gets tricky as I cannot tell my current employer the actual reason for my intended leave. How will my H-1B status get affected due to this? Can I be in the US during this time? If yes, under what conditions?

    Answer

    Watch the Video on this FAQ: H-1B unpaid leave or time off

    Video Transcprit

    If it can be avoided you should not leave the United States. It is legal for an employee to take unpaid time off. It is normal for an employee to take personal time off, but the employer for their own protection should be documenting this. I do not believe that you should give a specific reason. FAQ in detail...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Tuesday, July 30, 2019 - 03:23

    Traveling While H-4 and EAD is Pending

    Question

    Wife's H4 change of status application (I-539) and EAD (I-765) filed concurrently and in process. Can she travel outside country, get H4 visa stamping done and reapply separate EAD (I-765) again?

    Answer

    Watch the Video on this FAQ:

    Traveling while H-4 and EAD is pending

     

    Video Transcript

    If you have H-4 change of status and EAD both pending and you travel, come back and reapply for the EAD. You cannot use the old request. But if you are already on H-4 and EAD is pending you can travel and come back. FAQ in detail...

     

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Tuesday, July 2, 2019 - 03:06

    When does one become H-1B cap exempt - change of status/visa stamp?

    Question

    At present I am working in OPT ( expires in June 2020). I have an unused stamped H1B visa which I got in August’ 2013 and my visa stamped in my passport on August,2014. However I never traveled/ worked with this H1B visa and expired in October’2016 without using or entry. I came to USA in January’2016 in F1 Visa. My question is can I use this unused stamped visa for cap exempt as transfer of employer from F1 visa to H1B visa now? or do I need to apply in Master’s cap next year.

    Answer

    Video URL

     

     

    Monday, June 24, 2019 - 03:39

    H-1B Joining Another Employer while a Transfer, Extension or Amendment is Pending

    Question

    Situation:
    Resigned company A already and Got offer from employer B and applied H1B transfer(premium processing) but received RFE. But I have another offer from Employer C as well who is yet to file my h1b transfer
    Question:<br>
    1. If RFE is denied for employer B Can i join employer C with the receipt notice as Employer C has started H1B transfer by that time ?<br>
    2. How long one can stay in US without job/payroll having H1B ?

    Answer

    FAQ: H-1B joining another employer while a transfer,

    extension or amendment is pending

    Video Transcript

    1. The answer is yes. 

    2. It depends. Normally 60 days grace period is available for unexpected cessation of employment. As long as your I-94 is valid. But let's say your I-94 is valid for only 45 days you will not get a 60 day grace period. You will get a 45 day grace period. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Monday, June 24, 2019 - 03:21

    Impact on Current H-1B if Another H-1B is Denied

    Question

    I am already on a cap-exempt H-1B working for a non-profit full time. Another employer filed my H-1B petition on the cap-subject quota on april 2018 and got an RFE april 2019 and was denied with a reason for maintaining of status. They asked my paystubs from my current employer. My questions are:
    1. will there be any impact to my current H-1B?
    2. If they only ask for paystubs, can I submit them and initiate motion to reopen the case? what are the possibilities of success.

    Answer

    Video URL

     

    Tuesday, May 28, 2019 - 07:58

    How to get H-1B approved for three years, not shorter duration

    Question

    1. I got my H1b approved for a period of one year only and expires on Oct 27th, 2019. I work through a consultancy. Any precautions I can take in the future which can help me getting the H1b approved for 3 years in the upcoming H1B extension after Oct 27th, 2019. <br>
    2. Any particular documents needed for getting the H1b approved for 3 years?<br>
    3. If I go for stamping, do I need to be careful with social media at the port of entry? Any tips or recommendations you can give with reference to social media during port of entry? <br>
    4. My EB2 priority date is Feb 4th, 2015 and I'm planning to marry a girl who is a Nepal citizen and she's on OPT right now. Can I move my priority date to EB2 Nepal category after marriage? If yes, what would be my next steps - how soon can I file for I-485 interview?

    Answer

    Watch the Video on this FAQ:

    How to get H-1B approved for three years, not shorter duration

    Video Transcript

    1. Typically the only way you can get three year extension is if you can prove that the project will go on for three years. 

    2. Typically a client letter.

    3. Make sure your social media is not in any way in contravention or opposition to what you have been saying to the government.

    4. Once you get married you are entitled to cross chargeability and you can be charged under Nepals category which is available right now. As soon as you get married you should have your lawyers write to the government and ask for cross chargeability. Probably within a few months you could be scheduled for an interview, which again depends upon how busy the local office is. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Wednesday, May 15, 2019 - 06:31

    Options to Stay in the USA After Expiration of H-1B

    Question

    1. I am currently in H1-B more than 10 years in the USA and I have approved I-140 priority date Mar 2011 - EB2. My current employment is getting over in 3 weeks. And my current H1-B and I-94 expires in mid-August 2019. My question is if I am not able to find another job within my H1-B and I-94 expires on Mid August 2019. What are the options available for me to legally stay in the USA after my H1-B and I-94 expires? I have own house. Is there an exceptional case we can file GC EAD? <br>

    2. Without a job how many days i can stay in USA before my I-94 expires using I-140?

    Answer

    Watch the Video on this FAQ:

    Options to stay in the USA after expiration of H-1B

    Video Transcript

    1. I don't think you would get the tourist visa or tourist status but you can apply for it.

    2. 60 days is the total time.

     

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Tuesday, May 7, 2019 - 04:39

    H-1B furlough or temporary lay off

    Question

    1. I am a dentist practicing in California, was working for FQHC ON H1 since 2017. I got temp layoff. As per HR they said placed on unpaid leave. My present status OK or am I on my 60 day grace period? 2. H1 Visa expires JULY, I was told they cant renew my visa until I return to work . How soon or late I have time to apply.

    Answer

    Video URL

     

    Thursday, April 25, 2019 - 01:35

    Multiple Years of CPT

    Question

    My employer has filed my h1 and asked for a change of status with H1 filing and got an RFE(As i am filing from CPT-F1 to H1) relating to
    --Maintenance of Status<br>
    --CPT Related<br>
    --Multiple years of CPT at the same Education level<br>

    The lawyer is asking me to change from Change of status to Consular Processing and go to India and stamped and come back.

    Answer

    Watch the Video on this FAQ: Multiple years of CPT

    Video Transcript

    All in all I think changing to a consular processing is one of the ways you can go. It also depends upon how aggressive you want to be. But if you want to be more conservative, go ahead and change to consular processing. More...

     

     

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Tuesday, April 2, 2019 - 10:44

    Filing Employment Based Green Card While Living Outside USA

    Question

    I am currently located in India and working as a Technical Architect in software MNC. I had a prior H1B valid from Feb 2008 till Dec 2014 which was sponsored by my previous company and has about 17 days left in it to complete a total of 6 years. After this I have joined a new firm, so wish to know if my current company or a new company can file for a Green Card while I am still in India. If yes , what is the way forward?

    Answer

    Watch the Video on this FAQ:

    Filing employment based green card while living outside USA

    Video Transcript

    The answer is Yes. Any company as long as it is done in good faith to hire and to be hired, they can file your green card while you are living in India. More...



    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

     

     

    Tuesday, March 26, 2019 - 05:11

    Getting H-1B Extensions Based on of I-140 Approval of Spouse

    Question

    My wife's I-140 was approved and I was also on her I-140. My non-profit employer also filed my PERM and is pending with USICS. If I have to switch employers before my I-140 approval and pending 180 days, I am assuming that my new employer would have to file my GC all over again. Given that I was on my wife's I-140, will I be eligible for H1 extensions after my 6yr period if I don't have my own I-140?
    Also, can I change employers and my job roles once I have my I-140 approved and pending for 180 days?

    Answer

    Watch the Video on this FAQ: Getting H-1B extensions based on of I-140 approval of spouse

    Video Transcript

    The answer is Yes. If you leave before the I-140 is up, before the PERM is approved, you will not get anything out of that process. If you leave after I-140 approval you will still have to start your green card all over again, but you definitely carry with you, your priority date. On top of that you may also be able to carry in the right to extend H-1B with any employer as long as the I-140 was approved and stayed approved for 180 days. After that, even if it is revoked by the old employer your rights are not disturbed. More...


    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

     

    Friday, March 22, 2019 - 02:05

    Travel While Change of Status Request is Pending - H-1B Related

    Question

    I was planning on going to India for vacation (after I graduate, before I start work) and I had some questions about whether that would be alright from an immigration stand point. My lawyers are filing my H1B visa application this April; would there be any potential issues with the application if I was to leave the US in May/June?

    Answer

    There are multiple issues involved in traveling.

    First, if someone travels while a change of status request is pending, they will have to obtain a visa stamping or reapply for an H-1B for change of status to activate the H-1B on or after October 1.

    Second, getting visa stamping is by itself a highly uncertain process that could take from days to months. The consulates reopen and dissect the entire H-1B case from the ground up and try to find any reason they can to deny the case.

    Thursday, March 14, 2019 - 03:48

    H-1B Employer Deducting Money From Salary

    Question

    My previous employer deducted half of my monthly salary and put deduction under loan in salary sleep. I never took any loan from him or never signed any document. Previously he asked me to pay all H1b expenses in email which i refused and seems like he has deducted amount as retaliation of my resignation. Can he take bonus back as loan(deduction he mentioned in salary slip as loan) from my salary which was given to me in 2016 and 2017? if he can then I don't have anything to claim.What are my legal options considering I never took any loans? is it worth fighting him considering my H1b status and can he harm me with my status or application (which he intend to do as he said in 1 to 1 meeting) ?

    Answer

    Watch the Video on this FAQ:

    H-1B Employer deducting money from salary

    Video Transcript

    The answer is No. Absolutely not. Bring it up with the wage and hour division and do it quickly because I think they can go back only one year in time. If you are talking about 2016 it might already be too late for that and 2017 might be too late for that. But it does not hurt to at least to bring it up with the wage and hour division. Please discuss this with your lawyers. More...

     

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Monday, February 25, 2019 - 03:52

    Is H-4 EAD Tied to an Employer of H-1 Holder or to an I-140?

    Question

    I had an approved i140 from employer A for over a year. And my wife has her H4 and EAD approved recently (employer A).
    In between, I switched to a new employer B and they have filed her H4 and EAD together with my H1b application. Currently her H4 & EAD is pending from employer B, but my H1b from employer B is approved. my i140 with employer B is not started yet but previous employer i140 was approved for more than 180 days. In this scneario, can the H4EAD approved with my previous employer A's i140 can still be used/valid?

    Answer

    Listen to the Audio on this FAQ:

    Is H-4 EAD tied to an employer of H-1 holder or to an I-140?

    Video Transcript

    An H-4 EAD is neither tied to a particular employer nor to a revoked I-140, if the I-140 stayed approved for 180 days and any one of those 180 days fell on January 17, 2017. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

     

     

    Friday, January 18, 2019 - 08:18

    What to do When the 240 Days H-1B Work Authorization is Expiring?

    Question

    My H1 Extension is in progress since Apr 2018. My 240 day work authorization period is expiring on Jan 15th. My employer will put me on Loss of Pay after that. My questions are :<br>

    1). If I plan to wait for a decision on H1 extension, will I go out of status after Jan 15th and be staying illegally ?<br>
    2). I have approved I140. Can I go back to India and apply H1 extension from there (in case this extn gets rejected), will this be considered cap exempt ?

    Answer

    Watch the Video on this FAQ:

    What to do when the 240 days H-1B work authorization is expiring?

    Video Transcript

    1. You can stay in the United States. You just cannot work. So while your timely H-1B extension is pending you are not illegal, even after 240 days. The only thing is you will not have work authorization. You can also ask for an expedite at that point of time. It is worth trying. Even if the premium processing is not available expedited processing is still available.

    2. You don't have to re apply for the extension. The pending case would work. The only thing is since you left while the case was pending you would require to get a visa stamping and come back again. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Tuesday, January 8, 2019 - 03:51

    Status Expiring During the Pendency of an H-1B extension

    Question

    1. I have approved I-140, on 7th yr of extension and my current H1B Visa and I-94 valid with emp A until dec 31,2018 based on my latest approval I received in Nov 1st week.
    I have another 1 month to apply for an extension and I am requesting my employer to apply in premium processing.

    1)If my extension is applied in Premium before I-94 expiration but pending beyond my expiration date 12/31/2018,
    I will be 'out of status' even though 'authorized to stay' until decision is made. Is this correct that this may affect my future H1bs in case it is denied
    and attract NTA(notice to appear) in future because of my 'out of status' from date of expiration to date of denial or while leaving the country upon denial.<br>
    2. Is it better if I leave the country on the last day of my I-94 expiration(Dec 31, 2018) while my H1B extension is pending in order to avoid 'out of status' or 'unlawful presence' scenarios by staying here.
    If I leave the country while extension is pending in above scenario, is it possible for me to go for consular processing, get VISA stamped after it is approved and enter the US legally?
    or
    is h1b extension is considered as abandoned?

    Answer

    Watch the Video on this FAQ:

    Status expiring during the pendency of an H-1B extension

    Video Transcript

    1. No, and there is no NTA even if it gets denied. You can leave the United States within a short period. After the denial you won't get an NTA.

    2. You don't have to do that. There is no question of unlawful presence or being out of status when timely filed extension amendment or transfer request is pending and if you choose to leave the USA for whatever reasons you can always get a visa and come back. Traveling outside the USA does not abandon your H-1request. More...


    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.



    Monday, January 7, 2019 - 03:58

    Continuing Employment-Based Green Card While Moving Outside the USA

    Question

    I am exploring an option to move to Canada temporarily in order to save my Canadian PR. My PD date is March 2012 and have an approved I140. Currently my H1B extension based on approved I140 is in process and hopefully it shall come soon and will be good till Feb 2022. Plan is to move to Canada after H1B approval and H1B visa stamping from India. <br>
    Questions<br>
    1. If Priority date becomes current during my stay in Canada then what are my options.<br>
    2. If Priority date does not become current and I tried to enter US after staying for more than year outside US. Two situation could occur H1B extension (I797) is still valid (before Feb 2022). Will I be challenged at port of entry whether i am going to perform the same duties as mentioned in I-129.<br>
    3. To convince them on job responsibilities will the letter from employer be sufficient Or need something else?<br>
    4. Recent pay stubs shall also be helpful to prove my continue employment with my same employer ?
    5. H-1B extension (I-797) is expired (after Feb 2022) OR because of some reason I have to file new H-1B extension to enter Can i use my approved I-140 to file new H-1B extension(or claim the H-1B period) and that will be cap exempt ? OR I have to file new H-1B petition and re-enter the lottery.

    Answer

    Watch the Video on this FAQ:

    Continuing employment-based green card

    while moving outside the USA

     

    Video Transcript

    1. One is to go through the consular processing in Canada or second is to get an H-1B status approved. Since you are not subject to the quota for six years after approval you can come back on H-1B and file AOS.

    2. An old H-1B certainly becomes a red flag issue for the CBP. It is definitely common for them to be concerned about this sort of a situation.

    3. That depends if the job is in - house for eg: the company is a product development company and they intend to hire you in - house then a letter from the company should be good enough.

    4. Pay stubs are not necessary, but if you are working for this employer from outside the United States you can certainly present pay stubs to prove that you were working for this employer. That is not directly relevant but it does show an ongoing relationship.

    5. Definitely. You don't have to reenter the lottery for six years after the last H-1B approval. More...

     

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Tuesday, December 4, 2018 - 03:18

    The New Restriction on 12 Months of CPT OPT Combined – – Consequences of H-1B Denial on OPT

    Question

    I am currently on F1 visa and working on CPT. My H1 petition was picked in the lottery this year and status changed to RFE 2 weeks ago. I wanted to know if August 9 unlawful presence rule applies in my case i.e; if I get a response for RFE after Feb 4 2019, that completes 180 days.

    Answer

    Watch the Video on this FAQ:

    The new restriction on 12 months of CPT OPT combined – –

    consequences of H-1B denial on OPT

    Video Transcript

    In my view you are still on OPT and to activate your H-1 you have to either refile for change of status or go outside the USA for visa stamping. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Wednesday, November 21, 2018 - 10:33

    Traveling Abroad While H-4 EAD is Pending

    Question

    I changed my job from company A to Company B. H1,H4,H4 EAD is approved for company A. I moved to company B and my H1 change of employer is approved. While H4 is pending with company B. Can my wife travel to India and apply for H4 visa stamping in India?

    Answer

    Watch the Video on this FAQ: Traveling abroad while H4 EAD is pending

    Video Transcript

    You can travel if you are already on H-4 and just your EAD is pending. If you have a change of status as well as an EAD pending don't travel. If only EAD is pending and you are already on H-4 that is ok. Please talk to your lawyers. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Tuesday, September 18, 2018 - 03:20

    Can I Join My Old Employer If The H-1B Transfer Is Denied?

    Question

    I have an H-1B visa stamped from employer A and the employer B has filed my H-1B (Transfer visa) based on the H-1B petition visa from employer A. Now, my H-1B visa filed by employer B is on RFE and my employer A wants to file the GC based on my previously approved i-140 from employer C. Below are my questions: <br>

    1. Can I reject the offer from employer B and still continue to work with employer A on current Visa if my H-1B from employer B is approved?<br>
    2. Can I reject the offer from employer B and still continue to work with employer A on current Visa if my H-1B from employer B is denied?<br>
    3. In case my visa from employer B is rejected do I need to leave the country and come on the stamped visa which I have now?<br>
    4. Can I ask employer A to file my Green Card even if my H-1B from employer B is rejected or approved without any issues or do I need to provide any visa documentation to employer A on my petition from employer B being approved or rejected?
    Can I immediately file the Green Card with employer B (after joining the employer B office) if my visa from employer B is approved?

    Answer

    Watch the Video on this FAQ: Can I join my old employer if the H-1B transfer is denied?

    Video Transcript:

    1. The answer is No. A prior approved H-1B is not overruled by a subsequent H-1B through another employer. If you have signed any contracts that's a different issue, but as far as immigration law is concerned, having one, two, three or even twenty subsequent H-1B approvals have no effect on a previously approved H-1B.

    2. The answer is Yes. 

    3. Not at all. As long as your employer A has not been revoked and employer B/A still maintains your status you are fine.

    4. Any employer or any number of employers can file for your green card as there is no limit. The only issue is are you doing it in good faith. Is it an honest intention to join them upon approval of the green card. These are issues that you should discuss with your lawyers who are processing your green card. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Monday, September 10, 2018 - 05:15

    H-4 EAD Based Upon Prior Employers

    Question

    I am currently working with employer A on H-1B visa with I-140 approved for over 180 days. My wife is on F-1 EAD. I am planning to move her visa status from F-1 to H-4 EAD AFTER I join Employer B next month based on my approved I-140 from my employer A. <br>

    My questions are:<br>
    1. Once I join employer B, will I be able to apply for my wife's H4 EAD based on approved I140 which I have from employer A? Can I apply both visa status change (F1 to H4) and application for H4 EAD concurrently?<br>
    2. In other words, will changing my employer impact my wife's eligibility to get H-4 EAD based on my approved I-140 from previous employer?<br>
    3. Can I change multiple employer based on I-140 approved from employer A? If yes, what if employer B has already started green card process (PERM)?<br>
    4. If I get I-140 approved from employer B also then what will happen to I-140 approved with employer A?

    Answer

     

    Video Transcript:

    1. Yes, you can apply both change to H-4 and H-4 EAD concurrently. Therefore even though you are working for employer B your wife can derive the same benefit as you would from the earlier I-140 approval.

    2. No. Even though the I-140 was from the previous employer.

    3. You can change employers as many times as you like and once your I-140 has been approved 180 days there is no limit to how many employers you can change and how long you can keep getting extensions of your H-1B as long as the dates are not current. If the dates become current then you can get only one year extension as far as I recall.

    4. The answer is No. Both remain valid in their own right and you can derive the maximum benefit whichever is better for you out of the two. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

     

     

     

    Tuesday, August 21, 2018 - 23:47

    The Impact of the NTA Memo

    Question

    Under new deportation and denial policy 2018, I have following questions if I want to renew green card after 10 years. Can green card renewal I 90 be denied because of some common errors like forgot to submit copy of old green card, or any court document ( removal proceedings canceled without prejudice). Will I get deported if GC is denied due to minor administrative error?

    Answer

    Watch the Video on this FAQ: The impact of the NTA memo

    Video Script

    Green card renewals have been pretty much an administrative process. It is like renewing your drivers licence. If your green card is denied due to a minor administrative process can you be deported? Well, even under NTA if they put you in deportation your lawyers can walk over the evidence of the error to the court. Right now USCIS has postponed implementing its NTA policy until further notice. Even if it gets implemented chances are that as and when the NTA policy get implemented, it would be more reasonable than the way they had announced. More...

    Visit the blog section to read more about this policy: https://www.immigration.com/blogs/deportation-and-denial-policy-2018-ju…

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

     

     

     


    Thursday, August 16, 2018 - 08:26

    Travel Outside The USA When A Case Is Pending

    Question

    1. I moved from client A to client B in June. My employer filed an amendment for me now. I have my current H-1B till September 2020 when I'm with client A but my visa stamping expired last year. Can I travel while my H-1B amendment is pending?<br>
    2. As my visa got expired, I have to get it stamped again. For that, should I have to go for interview again or can I do it by Dropbox?<br>
    3. What will be the case if my amendment is still pending. What will be the case If my amendment is approved by then​.

    Answer

    Watch the Video on this FAQ: Travel outside the USA when a case is pending

    Video Transcript

    1. Yes, you can travel.

    2. I don't know the exact local rules, but you have to go for visa stamping.

    3. You should not go until the amendment is actually approved. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Tuesday, August 14, 2018 - 08:54

    What Are Different Wage Levels For H-1B And Green Card Jobs?

    Question

    I am currently on my CPT(masters student) & working as full time employee in Cincinnati, OH. I would be converting to OPT in Dec,2018. My employer is fine to file H1B for the next year. My current pay is b/w 60k-65k/annum. I heard that min wage should be 65K for H1B. And even if H1B is picked, there could be chances of rejection at the time of RFE. Will the wage between 60k-65K is ok or should it be more than 65K? I have gone through couple of other websites to explore on this. According to FLCDataCenter.com, I gave Ohio, Cincinnati(Hamilton county) and occupation as software developers, applications--it displayed 4 different wage levels. My current pay falls close to Wage Level 1 but above 60K. would it still cause any issue for H1B? Could you throw some light on this.

    Answer

    Watch the Video on this FAQ: What are different wage levels for H-1B and green card jobs?

    Video Transcript

    The only difference between wage levels for H-1B and green cards in terms of logistics is, when we file for an H-1 we are using our best judgment to decide which level wage will be given. When we file a green card it is the government who decides what the wage should be. The wages are received in most cases from Foreign Labor Certification Data Center and there each occupation is based upon the county and the state in which the occupation is located and is covered under four different levels. What distinguishes the levels is the complexity of the job, the requirement that the employer has and how many years of experience, etc... Level 1 is usually for entry-level people right out of school doing formative chance, so they are still learning. Level 2 is people who are doing professional level jobs, but they are moderately complex at level 3 you become technically advanced. At level 4 you become more advanced but perhaps in terms of leadership. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Tuesday, August 7, 2018 - 05:54

    Specific Issues In The Trump NTA Policy For Denials

    Question

    I am in USA on work visa (11+ years with same company), I-140 approved from Feb 2011. My current H1 is valid till 8/20/2018, my company already applied for extension on 04/12/2018 under normal processing. If Extension denied after 8/20/2018, in how many days we have to leave USA? In how many days they will send NTA notice?

    Answer

    Watch the Video on this FAQ: Specific issues in the Trump NTA policy for denials

    Video Transcript

    If the RFE looks like it is really difficult to win, maybe leave USA while it is pending and wait outside if the case gets approved, get a visa and come back, but there you could have a problem. The visa stamping can take a long time, but of course if you have an existing visa you can return on that but if you don't have an existing visa for eg: H-1B visa and you have to apply for a new one, then be prepared for delays and I would always prepare clients or employers to send the work to your home country wherever you are because it is perfectly legal to be working outside USA while you wait for the visa stamping. 

    On the other hand the NTA does not say you cannot file appeal. Hence it is a really bad policy created by Trump. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Tuesday, July 31, 2018 - 06:40

    Applying for H-4 Status While on Parole

    Question

    I have I-140 and I-485 pending. H-1B ended on May 2018 and applied for extension which is pending.
    Spouse entered US under parole status and is valid till December 2018, H4 visa has expired in May 2018
    Can spouse apply for H-4 extension after approval of H-1B extension? If so can it be done from USA or have to travel abroad for H-4 visa stamping?

    Answer

    Watch the Video on this FAQ: Applying for H-4 status while on parole

    Video Transcript

    You cannot really get a change of status because parole is not really status. It is just authorized stay which is legal, but not full status. So basically if you want to convert back to H-4 , it does not require any prior approval from the USCIS. You can just take the spouses H-1 approval and go outside USA get your visa stamped and come back. When you enter using your H-4 visa you are back on being on H-4 instead of being on parole and if the I-140 or I-485 etc., is still pending you can of course keep extending your advance parole. You can apply six months ahead of time before the expiration of the parole. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Friday, July 27, 2018 - 04:37

    H-1B Petition Revocation During Visa Process/Reaffirmation

    Question

    I had my H1 visa extension stamping appointment on Feb 21, 2018. Initially it was put under Administrative Processing and later on May 23rd my petition was send back for revocation. As per the inquiry with embassy they told me that "Based on the documents you submitted and the information elicited in your interview with a consular officer, you were determined ineligible for an H1B work visa. Your petition was returned to the Kentucky Consular Center (KCC) on May 24. Currently H1 status website shows KCC received the application on June 8. Once KCC receives a petition, it is returned to the approving USCIS office for review and possible revocation. At this point, USCIS can either reaffirm the petition or issue a notice of intent to revoke it. What are the options available with me now?

    Answer

    Watch the Video on this FAQ: H-1B petition revocation during visa process/reaffirmation

    Video Transcript

    In a case where you got your H-1B approval but you have travelled outside the USA and you need a visa, you go to the US consulate for visa stamping. They put you in administrative processing and discover something which often is unjustified frankly and sometimes can be justified, gives them some reason to send the case back to the USCIS saying that the case needs to be revoked and that can take a few months (5-6 months). Then USCIS will issue a notice of intent to revoke which would be sent to your lawyers as well as to your employer that says we found out this information through the consulate and it looks like this case needs to be revoked. You have 33 days to respond to USCIS and justify why they shouldn't revoke it. Once the employer responds to it and if USCIS finds out that the case is really approvable and the consulate is mistaken, they reaffirm the case and send it back to the consulate. This whole thing can take months and even a year.

    The option would be to file another H-1 through another employer or with the same company  that is if this was not a quota H-1 and there is no fraud, etc., involved. More...


    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Friday, July 20, 2018 - 00:47

    Applying For H-1B Transfer While An Extension Request Is Under RFE

    Question

    I am in USA on my work visa from June 2007. My Current H-1B is valid till 08/20/2018, I have applied for Extension on 04/10/2018 (I-140 valid from February 2011). I have one US citizen kid and one H4. For any reason if I got RFE after 08/20/2018, can I apply for H- B transfer with other employer? If yes, do I need to go outside of Country and re-enter on new H-1B with visa stamp?
    <br>
    Since I am leaving in USA legally from 11+ years, for any reason if H-1 extension denied. Can I apply for Asylum or another category where I can continue stay in USA (I am talking about apply for “Relief from Deportation under new Supreme Court Decision.)

    Answer

    Watch the Video on this FAQ: Applying for H-1B transfer while an extension request is under RFE

    Video Transcript

    Yes, but you probably will have to go outside USA unless the case is already decided in your favor when the transfer application is decided. Unless you have a genuine case you should not apply for political asylum and I am not sure that any kind of relief from deportation would apply to you just because you lived here for 11 plus years. I am not quite sure how in your case that the law would help you out. More...



    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Tuesday, July 17, 2018 - 22:45

    How Many Days Can I Stay In The USA After H-1B Denial?

    Question

    I was moved from Company A to Company B on Sep 2017 on the basis of receipt notice but now on may 14 2018 i got denial notice for Company B & they immediately told me to stop working. My H1B got denied because of specialty occupation. My Company B again refile my H1B on premium but on 18th June 2018 again there is RFE on Specialty occupation..my company is planning to reply RFE but I don't know how much time they will take. So now my question is if my this new petition also got deny due to Specialty occupation then how many days i will get to leave from USA

    Answer

    Watch the Video on this FAQ: How many days can I stay in the USA after H-1B denial a detailed discussion?

    Video Transcript

    The new regulations that became effective on Jan 17, 2017 now clearly says that if you were working for Employer A and Employer B filed your H-1B transfer and you joined Employer B using the receipt they got an RFE further along the line, the H-1B transfer got denied, government says you can go back and join Employer A as long as you never work without authorization and as long as the employer A has not revoked your H-1B and lastly the job that they had gotten approved for you is still in existence. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Thursday, July 12, 2018 - 07:09

    Changing Jobs While H-1B RFE Is Pending

    Question

    I have question for H1 transfer. I am working in USA from 2006 and changed 2 employers till now. My current H1B petition is valid till June 27,2018. I have my labor and I 140 approved with EB2 priority date of April 2010.I am working as contractor to the client in Bay area, California and employer is based in Ashburn Virginia. I joined this client as contractor in April this year so my employee filed H1B extension and amendment together in April. We moved this case to premium in early May and USCIS sent RFE on my case. My company attorney is working on the documents i submit for RFE response. My contract is only till August and I received client letter which states the same end date with further possibly of extension.

    This client wants to hire me as their full time employee. I have offer from another Healthcare client , however I am not sure if I can transfer my H1 to the new employer/client when RFE with the current employer is in process.

    Answer

    Watch the Video on this FAQ: Changing jobs while H-1B RFE is pending

    Video Transcript

    A possible situation is that your original approved H-1B still has time left on it. So let's say you got the H-1B approval till December of this year and you have an RFE pending so technically you still have the old petition alive and well almost. If you file for a transfer, chances are as long as your pending filing was not inappropriate government will accommodate and will allow you to go on to employer B, C, D or E as you please even with the pending case. More...

     

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Wednesday, July 4, 2018 - 03:36

    Can An Employee Withdraw An H-1B Petition?

    Question

    I'm working on H-4 EAD with company A. Company B filed for H-1B for this year and it was picked in lottery but no decision made yet, now I don't want H-1B and asked company B to withdraw the H-1B and he agreed to it and shared the H-1B withdrawal letter along with the I-129C notice. Just to make sure that the petition is withdrawn without any issues, can I also post the same letter again to USCIS with company's from address on it?

    Answer

    Watch the Video on this FAQ: Can an employee withdraw an H-1B petition?

    Video Transcript

    You should send a letter to the government in writing, certainly, even get it maybe notarized to assure the government that these are your signatures and say that you no longer wish to apply for a change of status and you are not going to take up that job. So you hereby withdraw from the change of status request under the H-1B. After you send a notarized letter give them a call as well and just tell them you have written and this is what you want to be noted and that you are not going to go through the change of status. There is no actual procedure for it, but this can be as secure as you can be to ensure that the government will not give you a change of status even though you don't want one. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Wednesday, July 4, 2018 - 02:21

    Can A Green Card Be Filed For Me If I am On H-4 or L-2?

    Question

    I am currently on L-2 EAD (since Jun 2017) and work for Employer A. Can my current employer (Employer A) file for my Green Card ?

    Answer

    Watch the Video on this FAQ: Can a green card be filed for me if I am on H4 or L2 or F1 – – any status other than H-1B or L-1A?

    Video Transcript

    Yes. A green card can be filed while you are on any status. But while filing a green card for visas like F-1, F-2, J-1, J-2 can be complicated in some ways. Consult your lawyers.  Make sure you got every part covered. If you are born in countries like India or China or any other countries that are very backed up you will have to be very careful and make proper plans before you file for a green card directly from any of the other statuses but there is no law that says you cannot do that. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Wednesday, June 27, 2018 - 04:26

    Changing Jobs After I-140 Approval

    Question

    I have the following questions<br>
    Can employer A revoke my current I-140 after I change my employment?<br>
    Can I keep getting my visa renewed with Employer B based on my current I-140 with Employer A until Employer B initiates my GC processing?<br>
    Does the hike in pay and change in roles in any way affect any of my future GC filings with Employer B?

    Answer

    Watch the Video on this FAQ: Changing jobs after I-140 approval

    Video Transcript

    When your I-140 is approved your priority date is yours to keep even if you leave that employer the very next day and go and join a totally different job. It does not matter if the job gives you a higher salary or a lower salary or has a completely different job profile because all you are carrying forward is your priority date. So when you want to carry forward your priority date what you do is you take your I-140 with you. In addition to that once the I-140 is approved and stays approved for 180 days not only you carry on your priority date, you also carry the right to extend your H-1 through any employer and there is no limitation on that. More...

     

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Thursday, May 24, 2018 - 03:54

    Is there any law to provide legal stay to the parent of US citizen child with disability?

    Question

    My spouse and I are staying in the USA since last 10 years on work visa H-1B. We have our second daughter born in 2016 who is facing neurological disability which requires long term care and constant therapies. The current scenario is my husband's H-1B has denied and couldn't get back to the USA. I am here in the USA with my both kids on B2 Visa. My both kids are US Citizens. Is there any legislation which can provide legal stay to the parent of a child with disability in the USA?

    Answer

    Video URL

     

    Tuesday, May 22, 2018 - 08:11

    Effect of I-140 Revocation on Priority Date, H-1B Extensions Through Any Employer, etc.

    Question

    I have my I-140 approved in 2015 and its beyond 180 days now with Employer A.
    <br>
    If I move to Employer B
    a) Consider that Employer A revoked my I-140<br>
    b) Please help to confirm will it possible to get multiple extension with previous 180 approved.<br>
    c) Even if Employer B doesn't file a Green Card (Labor then I-140)... Can I get multiple extension with Employer A approved I-140

    Answer

    FAQ: Effect of I-140 revocation on priority date, H-1B extensions through any employer, etc.

    Video Transcript:

    Beginning January 17, 2017 the law is that if your I-140 has been approved and stays approved for 180 days and atleast one or two days past Janaury 17, 2017, because if it was revoked after 180 days but before Janaury 17, 2017 when the new regulations came in you would have to look at other things but not those regulations. These new regulations say first of all the moment your I-140 is approved your priority date is yours to keep. You can take it to any employer, you have to start the green card all over again, but you carry the priority date forward.

    The second thing that it says is that if in addition your I-140 stays approved for 180 days you will retain the ability to extend your H-1B on three years any number of times as long as the priority dates are not current with any employer for any job. So once I-140 is approved and stays approved 180 days your rights to extend H-1 beyond six years with any employer are quite secure. More...


    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Wednesday, May 16, 2018 - 10:20

    Child Turning 21, Immigration Consequences for Pending Green Card Cases

    Question

    I am on H-1 Visa and my son is on H-4 visa. He is 17 years(studying 11th grade). I wanted to know whether i need to change the visa status at the age of 21. If so, the green card processed by my employer for him will still be valid or not. Also, if he goes to India for studying his degree for like 4 or 5 years, will the green card processing for him will be valid.

    Answer

     

    Video Transcript

    Normally the children of people undergoing the green card process, convert to student visa if they are in school. If he gets covered by the CSPA (Child Status Protection Act) even though he has a student visa it doesn't change his green card status through you and again if he goes to India for a degree for four to five years his green card processing will still stay valid. There might be some technical details you have to attend to but that is certainly possible as long as he's not got a problem with aging out as he is covered by CSPA.  More...

    Related Video on CSPA:

    Rajiv Khanna discusses the impact of the CSPA (Child Status Protection Act) on Employment based Green Card delays on children turning 21.

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Thursday, May 3, 2018 - 13:09

    H-1B and Green Card Transfer From a Non-Profit Organization to For-Profit

    Question

    I am currently working for a Non-profit org on a cap-exempt H-1B. and my company initiated my GC processing. Below are the few questions:<br>
    1. Is the GC processing any different thru a non-profit from a for-profit organization? meaning, is it any advantageous to process my GC thru a non-profit?<br>
    2. Can my I-140 from a non-profit be transferred to a for-profit org, if I was able to move to a for-profit org?<br>
    3. What are the possible ways that I could move to work for a for -profit organizations? From your previous calls and thru my research I found out below few ways that I could to that. Please give your inputs<br>

    a. Finding a profit employer to file my cap-subject H1 (Can I start working for my new employer as soon as my H1b is picked in the lottery or approved, instead of waiting till Oct 1st?)<br>

    b. If a new employer sponsor my cap-subject H1 and if I dont move to the new employer, will my current cap-exempt H1 be still active and should I have to go under the cap next time I file a Cap-subject H1<br>

    c.applying for concurrent H1b<br>

    d. Moving on to H4EAD and filing a H1b next April<br>

    e.Joining a Masters CPT college and filing a Cap-subject H-1B next year

    Answer

    Watch the Video on this FAQ: H-1B and green card transfer from a non-profit organization to for-profit

    Video Transcript

    1. The answer is No. There is no advantage in going through for-profit or non-profit that's just irrelevant.

    2. No, non-profit or for-profit does not matter you cannot transfer I-140s, you can transfer priority dates unless your 1-140 is based upon a National Interest Waiver or an EB-1A.  Your green card can be transferred once your I-140 is approved and I-485 has been pending 180 days, then it doesn't matter what the nature of the organisation is.

    3. a.  I don't think there is any specific law on this issue. Technically, you can start working for them on receipt, but obviously you will only get a receipt if your case is picked up for the lottery. So if you have been maintaining H-1B status I believe you can start working for a cap subject employer as soon as your H-1 is picked up.

         b.  Absolutely. My guess would be if your H-1B cap subject H-1B is approved and it is not revoked till October 1st, I don't think you will be subject to a cap to work for a for-profit in the future. It shouldn't be revoked before October 1st and you should receive your change of employer. So in other words, you should get a new I-94 with the case because USCIS has been taking this position that just getting an H-1B approval does not put you over the top where you are safe from cap quota issues. They say unless you receive a change of status or go get a visa stamping till that time you are not exempt from the quota so you must also receive an I-94 which is a transfer of employer, but you can still continue working with the old employer.

        c.  Another way is applying for concurrent H-1B although it is a strange provision in the law where if you have a quota exempt H-1B as long as you maintain that without worrying about the quota you can also work on a concurrent H-1B for a quota employer.

        d. Moving to H-4 EAD is not a good idea because in June they are going to announce the revocation of the H-4 EAD regulations according to the court.

        e. Joining a Master's CPT and filing a cap yes, that's definitely an option.   

    More....

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Thursday, April 5, 2018 - 08:49

    Leave Without Pay for H-1B / Status

    Question

    I wanted to know if an H-1B employee can go on Leave Without Pay (LWOP) for lets two months and still maintain a valid status? Further to the question, under what circumstances/situations can a employee working on H-1B visa take Leave of Absence for couple of months, stay in United States and not have his immigration status affected?

    Answer

    Watch the Video on this FAQ: Leave without pay for H-1B / Status

    Video Transcript

    If you look at the Department of Labor regulations they allow employees for their convenience to take leave for things like tourism. So if you say you want to take 20 days off you could do that without losing your status, but if it is being used by the employer to bench you and them then you can be in trouble. If it is a medical leave of absence, then as long as you have a medical certificate and necessity and your leave is coextensive with the existence of that necessity I think that's ok as well. Hence couple of months are acceptable if the reasons are honest and not a pretext or an excuse to be off a project and be benched. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Thursday, March 29, 2018 - 05:21

    180 Rule for Priority Dates/H-1B Extension

    Question

    I have quick question about the mystery behind 180 days staying with the Employer with whom my I-140 is approved. So my I-140 is been approved with priority date as Dec 2014 and the Notice date is Nov 2017. Do I have to wait for 180 days/ 6 Months from the Notice date of Nov 2017 so I will not loos the Priority date when I move with new employer?

    Answer

    Watch the Video on this FAQ: The 180 rule for priority dates/H-1B extension

    Video Transcript

    Beginning January 17th  forward, some of that goes backward too, as soon as your I-140 is approved the priority date is yours even if the employer revokes the I-140 the second day or the same day so the priority date becomes yours the moment the I-140 is approved. If the I-140 gets approved and stays approved for 180 days and the employer then sends a letter to revoke the I-140 on the 181st day not only do you keep your priority date, you also maintain the right to keep extending your H-1 and I believe your wife's H-4 EAD as well even if the old employer revokes your I-140. The 180 days is the time for which the I-140 should stay unrevoked. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

     

     

     

    Thursday, March 22, 2018 - 09:52

    Jobs that Qualify for an H-1B Visa

    Question

    I am an international student and recently working for an organization. Please let me know what job title, position, salary, and other requirements I need to get for applying for working visa. Since my organization is really willing to help me and is ready to adjust with my position title and other things. Education: M.A Global Development and Peace, specialization - International Political Economy and Development

    Answer

    Watch the Video on this FAQ: Which jobs can qualify for an H-1B visa?

    Video Transcript

    In this scenario I can't say that your job requires the degree that you have. For instance, if you were a research assistant who basically worked on international political economy and development issues that would be an H-1B job. So it should be clear from the job and that you can't do this job without this kind of a degree.  More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Tuesday, March 20, 2018 - 03:26

    H-1B Tranfer, AC21 and I-140 Process

    Question

    1. While I am moving my H-1 New Employer B, What if something goes wrong during H-1 transfer or after that in GC processing with new employer like RFEs etc comes up, can I move back to employer A if employer A is willing to take me back. Does AC 21 portability rule applied to my case also? Since I have not filed I-485 yet, as per my understanding this rule does not apply to me. While my GC is in process with new Employer B and I am in waiting mode for I-140 approval with new employer, What will happen if my time to extend H-1 petition comes up.
    <br>
    2. Can I still extend my H-1 with new Employer even if I-140 with new employer is in process and not yet approved. Can I use my old Employers approved I-140 to extend my H-1 in this situation.

    Answer

    Watch the Video on this FAQ: If H-1B transfer is denied, can I go back to my old employer? When does AC21 job portability

    begin? Can H-1B be extended through a new employer while I-140 is in process?

    Video Transcript

    1. You can apply for an extension based upon two reasons either the first year anniversary of your green card filing that your PERM was filed a year ago or based upon I-140 approval. So, yes you can file for a one year extension if PERM was started a year ago.

    2. The answer is yes, as long as one of the two things exist. Either the I-140 has not been revoked in that case you can use it for extensions or the I-140 was revoked by the old employer, but after 180 days of approval in both cases you can extend your H-1 through some other employer like employer B even while employer B's own I-140 is still in process. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Tuesday, March 20, 2018 - 02:42

    H-4 EAD Termination and Converting to H-1B

    Question

    I was on H1 before completed all 6 years on it and converted to H4 and working on H4 EAD now. With latest court update, USCIS may decide to end H4 EAD program or stop new applications in next few months( we still do not know the final outcome). My EAD expires in November 2018 which leaves me no option of applying renewal before May 2018 ( 180 days clock). If this EAD goes away will I be able to file fresh H1 in April 2019 ? If in next couple of months, my spouse decides to switch Job based on his approved I-140 then my H4 will also need to transfer/extend. At the same time, will I able to extend my EAD at that time or I still have to wait to fall under 180 days expiry clock based on my current November 2018 EAD expiration date.

    Answer

    Watch the Video on this FAQ: H-4 EAD termination and converting to H-1B

    Video Transcript

    If you have already completed six years you cannot go back to H-1 unless you leave the United States for at least one year or unless you start a green card. Then you would be able to apply for an H-1 extension based upon either the first year anniversary of the filing or I-140 approval, whichever comes first you have to fall under the 180 days. A mere change in jobs doesn't allow you to reset the period for yourself.  More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Thursday, February 22, 2018 - 02:27

    National Interest Waiver (NIW) Filing When Priority Date is Not Current

    Question

    I am a staff in University of Pittsburgh and still have 3 more years to complete 6 yrs of my H1B. H1B sponsorship is an issue for me getting a new job.
    1) When I apply for a NIW -EB2, can I simultaneously apply for I140, EAD, 485 simultaneously?
    2) Although the green card date for Indians with EB2 is not current, can USCIS approve my EAD much earlier ( may be within a year) compared to approving 485 which might take several years?
    3) Further can I use that approved EAD to change jobs by bypassing H1B sponsorship?

    Answer

    Video URL

    Monday, February 19, 2018 - 03:41

    Can I Get H-4 Visa Stamping While the H-1 to H-4 Change of Status is Still Pending?

    Question

    H1 to H4 COS pending from Jul 14 2017. I94 expired Nov 2nd. H4 to B2 applied on Oct 31 2017 as per our attorneys suggestion due to some delay with spouses visa. Spouse's H1 is now approved. I would like to get my H4 as soon as possible and apply for H4 EAD. Can I go to Canada/ any close by country and get my H4 stamping done while the petitions are pending or wait till H4 is approved? or going to India is my only option

    Answer

    Watch the Video for this FAQ: Can I get H4 visa stamping while the H1 to H4 change of status is still pending?

    Video Transcript:

    Absolutely no problem at all. You can go to any country of your choice, no harm done. Remember for H-4 stamping a prior approval from the USCIS is not needed. You walk in with your spouses H-1 approval and that's how you get your H-4. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Wednesday, February 14, 2018 - 11:26

    H-1B or Other Status Denied - What is my Status?

    Question

    My I-94 expired on Dec 13th last year. Company filed for extension but RFE....now i will be laid off on Feb 9th and my company will not file for RFE response. How many days do i have to leave the country? Do i need to leave immediately on Feb 9th or can i leave by Feb 13th or 14th ? Will 5 days of out of status impact my future applications ? Also another company has offered me a job. If they file for H1B do they have to do it after I leave the country or can they start it and i can leave in between and do Counselor processing?

    Answer

    Watch the Video on this FAQ: H-1B or other status denied - what is my status?

    Video Transcript

    Basic Concepts to be in Status

    To be in Status means you got the right kind of I-94. For example, if you are on H-1B and you have got an H-1B and I-94 which is unexpired and a proper approval from the USCIS to work for that employer at that location and you get paid and you are doing the work that you are supposed to be doing. So Status is a combination of immigration permissions as well as the work you do in the context of H-1B. In the context of F-1 it is the study that you do, so you could have an F-1 approval on paper, but you are not attending school, you are out of status or you could have an H-1B approval with an unexpired I-94 but you are not approved to work at the location you are working.

    Therefore, it is a mixture of immigration permissions and the activity which is permissible and expected under the immigration permissions.

    Then comes unlawfully present. This is a very complicated concept. Unlawful presence is dangerous because 180 days of unlawful presence will make you ineligible to enter the United States for three years. One year of unlawful presence will make you ineligible for 10 years. Now typically the unlawful presence begins with I-94 expiration or a finding by the USCIS or by an immigration court if you are in proceedings in deportation etc... that you are out of status and unlawfully present. That's the date your unlawful presence will kick in. This is a very complicated concept.

    So when you are not doing the activity or don't have the proper legal permissions you could be out of status and unlawfully present that's the third concept and the fourth concept is authorized period of stay. This is in between status. You are allowed to stay in the United States, but you cannot convert from one status to another, from authorized period of stay to status. An example: lets say you were on H-1 and you filed for I-485 Adjustment of Status you let the H-1B expire you working on EAD you are in an authorized period of stay. If you want to go back to H-1 you cannot do a conversion or a change of status from Adjustment of Status to H-1. You can get an H-1B approval, but to get this status you have to leave USA get a visa stamp and come back because authorized period of stay is not status. 

    These are very important. Please share them with as many people as you can especially in today's environment when Trump administration is in my opinion illegally denying a lot of cases. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Tuesday, January 23, 2018 - 01:22

    Transferring H-1B While an RFE is Pending

    Question

    I am working as a consultant for big client. My employer applied for my H1b extension and received an RFE, they have recently replied for my RFE and now waiting for the decision. Now my client offered me job and ready for transfer my H-1. My questions is : is it possible to transfer H-1 during RFE?

    Answer

    Watch the Video on this FAQ: Transferring H-1B while an RFE is pending

    Video Transcript

    Yes of course, but in a situation where your company applied for your extension, let's say six months ahead of time and in the second month they got a RFE, its pending now, but you still have four months on your original H-1 still left during that time you can transfer there is no question. But what if your status has expired and the extension is pending you can still transfer, but you may have to go outside for visa stamping if on the date your transfer is approved or extension is not already approved. More...


    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Monday, January 22, 2018 - 23:29

    H-4 EAD and H-1B Extensions Rules Change

    Question

    1. I have completed 6.9 years on L1A and move to H4-EAD based on my wife’s approve I-140. Now H4 EAD may go away. What option do I have to stay here and continue working (even after gap of a few months if needed) or I need to go out of US for at least 1 year and come back? <br>

    2. I have already completed my 6.9 years. Can company apply H1B for me in April 2018 and I can come back to US after spending 1 year outside. I believe H1B can be applied only 6 months prior to joining that job. But I can’t start working from Oct 1st as I already completed 7 years without pending GC labor/ I-140. In that case I can apply H1B only in April 2019 and start working from October 2019?

    Answer

    Watch the Video on this FAQ: H-4 EAD rules change and H-1B extensions rules change

    Video Transcript

    1. What you could try doing is have your green card started and you can use that to extend your H-1. 

    2. The problem is you don't have any time left on your H-1 because you have taken 6.9 years of L-1A. I think you can only do this if you start a green card process. More Questions and Answers

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Wednesday, January 10, 2018 - 08:29

    Implications of Acohol-Related Convictions, such as DUI, on Immigration or H-1B

    Question

    I am on H1B visa and was charged with DUI(1st off, no injuries, no aggravating factors) on October 29th,2017 at 2:30 AM in Harrisburg,PA. Took breathalyzer test and also the eye test was taken. After that I was taken to the booking center for bio-metrics and blood test. After 3 hours I was allowed to go home.
    I have been charged with the following:
    Gen Imp/Inc of Driving Safely - 1st Off 10/24/2017
    DUI: High Rte of Alc (Bac.10 - <.16) 1st Off 10/24/2017
    Obedience to traffic control devices - hazardous condition 10/24/2017
    What should be the next steps to be taken. Also how and what can be done to reduce the charges?

    Answer

    Watch the Video on this FAQ: Implications of alcohol-related convictions, such as DUI, on immigration or H-1B

    Video Transcript

    The first thing you need to do is get an immigration lawyer involved somebody who does deportations and also try and get somebody local. As long as you are not convicted you are not guilty. More...


    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Tuesday, January 9, 2018 - 08:20

    Changing Jobs After I-140 Approval, Returning to the Old Job, etc.

    Question

    I am on H1B visa in US from 2008 with employer A, and i have I-140 approved in 2011 from Employer A, Now in 2017 i am planning to change my employer to Employer B.
    My question: Scenario 1 : If say Employer B doesn't sponsor/start my GC/I-140 in 3 years, can my employer B use Employer A's I-140 to renew n number of times ?
    Scenario 2: If I didn't like employer B in future and they have not sponsored or started my GC/I-140, can i switch to Employer C ,using Employer A's I-140.
    Scenario 3:If I didn't like employer B in future and they have not sponsored or started my GC/I-140, then I switch to Employer A ,using Employer A's I-140 .. now do employer A again has to restart GC/I-140 ?.
    Scenario 4: How much of over lap of dates of employment can happen b/w Employer A and Employer B.

    Answer

    Watch the Video on this FAQ: Changing jobs after I 140 approval, returning to the old job, etc.

    Video Transcript

    If you look at the situation academically this can be a problem and they should start the green card all over again why because the basic jurisprudence or the legal theory of a green card is that there must exist a job that continues to exist without interruption so when you leave the employer A with the intent not to come back or the employer no longer has the intent to hire you back it can be argued that the continuity of the intent of having a job that the employer wants to give you and that you want to accept has been interrupted. So I guess employer A can definitely start from where you left as long as there was an intention to keep the job open and for you to come back which I think is difficult to argue in your case. You should talk to your lawyers. More...

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Tuesday, December 19, 2017 - 06:55

    H-1B RFE For Specialty Occupation

    Question

    I have received a specialty Occupation RFE. As part of the RFE I am asked to provide:<br>
    1." Industry letter from other similar companies as yours" - Can you please suggest what is expected here, is a letter required from my manager or a client or some other company.<br>
    2. Percentage of time spent on each duty" - I work on multiple projects and also on some internal projects. I work as a full-time employee and work in client locations as required during conducting workshops, training etc. I do not work out of client locations.How do I split the tasks?<br>
    3. "level of responsibility" - what is expected here

    Answer

    Watch the Video on this FAQ: H-1B RFE for specialty occupation

    Video Transcript

    Please get yourself a lawyer. Don't do it yourself. These are relatively complicated issues. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Tuesday, December 19, 2017 - 06:13

    Erroneously Given Longer Duration On H-1B Than Eligible

    Question

    I'm completing 6 years on H1B on 14-Jan-2018 and I have a visa stamped with the same date from my previous employer on my passport. When I changed job on 24-Jan-2017 I received an approved I-797 with an expiry date of 14-Mar-2019. I'm not sure if there was an error from the employer or attorney while filing or while approving the application. Now I have an approved I-797 with an additional year which would mean 7 years on H1B at a stretch. I'm planning to visit India with my wife (on H4 visa) next month for a couple of weeks and return back before the visa expires on my passport. Also, I'm thinking of not getting the new visa stamped on my passport and just show the approved I-797 to the officer while entering the US. Do you see any problem or issues if I do this?

    Answer

    Watch the Video on this FAQ: Erroneously given longer duration on H-1B than eligible

    Video Transcript

    You are not allowed to take advantage of USCIS errors. More...

     

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Thursday, December 14, 2017 - 02:55

    Filing EB-1C, International Managers or Executives Green Card

    Question

    I entered the US in 2014 on L1A, then changed employer mid-2015 on H1(previously held petition). In 2017 again changed employer in a role equivalent to International Manager. Can my current employer file my Green Card under EB1 category?

    Answer

    Watch the Video on this FAQ: Filing EB-1C, International Managers or Executives green card

    Video Transcript

    No, because EB-1C category depends upon the relationship between the companies the one that you used to work for outside the USA and the one that you are that is applying for you in the United States. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Wednesday, December 13, 2017 - 02:56

    When Does One Become H-1B Cap Exempt?

    Question

    I have read that in some cases of H1B as follows "They had H1 petition and H1B visa was stamped in 2012 but they never traveled to the US on that. And when a new employer applied for a cap-exempt H1B petition in 2017 they got it approved with change of status to H1 in May 2017...Whereas in my case I also didn't use this H1B visa and I even didn't travel to US i.e. My employer filed H1B in 2016 which got approved in Sep 2016 and after my resignation, they revoked H1B in Nov 2016 (which is > OCt, 1 2016), but I got a Denial. When contacted few attorneys they said I may get "Approvals" Or "Deny" in such cases, nowadays its more of details saying I am NOT cap exempt?

    Answer

    Video URL

    Monday, December 11, 2017 - 04:06

    Impact of Taking a Long Break While on H-1B

    Question

    I'm an Indian citizen on an H1B Visa. I'm an engineer. My Green Card is being processed and my I-140 . Being an EB-2 category I"m assuming that it is going to take anywhere between 5-8 years before I get my green card. The Situation: I'm planning on taking a work break for about 6 months to 1 year and do a few things that I've wanted to do but have been pushing indefinitely (like volunteering with a non-profit, spending time with my family, exploring options to start my own startup etc). I'm assuming there are 2 scenarios here - 1. My company gives me a sabbatical leave - I can leave the country for a year and come back and rejoin them. 2. My company refuses a sabbatical and I have to quit - In this scenario, I'm not sure what I should do in order to be able to come back after my break and still be able to work for any company? I would really appreciate your insights on this situation and would be glad to accept any pointers from you to research this further.

    Answer

    Watch the Video on this FAQ: Impact of taking a long break while on H-1B

    Video Transcript

    First of all, a leave that long would not maintain your H-1 status. Maybe a few weeks is ok. You can over the six years file for another H-1 without any quota issue and come right back to the US on that H-1 after getting a visa stamp. So I don't see any problem getting back on to H-1. If you want to remain in the USA you have a problem. But if you want to go outside the USA no issue. Worse case scenario, they can revoke your H-1, you can just reapply. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Monday, December 4, 2017 - 07:42

    What can be Done if an H-1B is Denied While in the USA?

    Question

    In case of H1 transfer denied what other options one can have ? [provide that has 140 approved since many years]<br>
    1. Can new H1 transfer with new employer can be initiated ? 2. Can one can apply for B1 [Visitor Visa] and remain in USA for valid period ?

    Answer

    Watch the Video on this FAQ: What can be done if an H-1B is denied while in the USA?

    Video Transcript

    You can always file another H-1. You can file for an H-1 renewal, you can file for an H-1 transfer, you can file for an H-1B amendment even if the H-1B is denied. While in the USA depends upon whether or not you have status. If you are maintaining status you can file for an extension and another amendment because one denial does not foreclose another application under the same category. 

    But if you are not in status chances are you will have to go outside the USA for visa stamping before you can start working with a new approval, but a new application can always be filed. More...


    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Monday, December 4, 2017 - 07:23

    Does H-1B Extension Denial Invalidate an Existing H-1B?

    Question

    1. My H1B is valid until 23-Aug'18. I am planning to submit visa extension request on Mar'18. let's assume if USCIS reject my extension request in Apr'18, then, in that case, can I stay till 23-Aug'18 as per initial approval or rejection will supersede and I have to level immediately (within 60 days of time from denial date)<br>
    2. Does H-1B extension denial invalidate an existing H-1B?

    Answer

    Watch the Video on this FAQ: Does H-1B extension denial invalidate an existing H-1B?

    Video Transcript

    1.Yes. The previously approved extension does not go away. The only way that can go away is if the government separately issues a notice of intent to revoke, gives you notice and a chance to respond and then denies.

    2. It does not. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Thursday, November 9, 2017 - 06:47

    Doing Business on H-4 EAD

    Question

    I am on H-1B and my spouse is on H-4 EAD. She got her EAD last year. She would like to do online business where she will sell items online on eCommerce website like ebay, amazon, etsy. These items will be shipped from India. I would like to know if she can do such online business where the items are going to be shipped from India.

    Answer

     

    Video URL

     

     

    Thursday, November 9, 2017 - 06:36

    Denial of H-1B on Level 1 Wage Issue

    Question

    1. I have joined a company based on H1b transfer receipt and have got RFE of LCA wage level 1. If, by any chance, the petition gets denied then can the same employer file for new h1b transfer with LCA wage level 2, right after the denial? <br>

    2. Is it advisable to find another employer and start a new h1b transfer processing while the current one is still under RFE received/response status?

    Answer

    Watch the Video on this FAQ: Denial of H-1B on Level 1 wage issue

    Video Transcript

    1. Now if somebody's H-1 gets denied for level 1 job the same employer can file for level 2. But there should be a good reason or explanation if the government asks questions like: why are we going to level 2, why did we not go with level 2 the first time around.

    2. Yes, you can, but of course, if you have a quota H-1 then you have a bigger problem, but if it is a quota exempt H-1 or you are not subject to the quota then, of course, you can do a transfer to any employer at the same time if you wish. More 

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Thursday, November 9, 2017 - 06:19

    Effect of Moving Abroad While Still on H-1B Visa

    Question

    I am staying here in the US from last 4 years 10 months and have I-140 approved (Received approval Jun '17). To fulfill personal commitments, I am going back to India in Dec '17 for some time however my H1B extension is still in progress (Filed in Aug '17). I am not sure whether the result will be out before my travel.
    My question is -<br>
    1. If I change the employer in India, is there any way I can come back? What all options I will have?<br>
    2. Can my new employer eligible to transfer my H1B from India in case current extension gets approved or RFE or Denial?

    Answer

    Watch the Video on this FAQ: Effect of moving abroad while still on H-1B visa

    Video Transcript

    1. Yes, I think you can keep that H-1B alive as long as that job is there.

    2. Yes, as long as you have an H-1B approved in the last six years you can always transfer over to another employer and if your I-140 is approved for 180 days or more which in your case would be from June to December. So next year onwards you are entitled to have H-1 extensions through any employer as long as your I-140 remains unrevoked for 180 days. I don't see a problem you can have a transfer from India itself. More...

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Friday, October 27, 2017 - 05:05

    Applying for Green Card while Holding H-4 Status; Applying for Green Card and Permanent Residence for Another Country Simultaneously

    Question

    I was on H-4 visa from Feb 2014 till Dec 2015. I was on H-1 visa from Dec 2015 to April 2017. In April my H-1B transfer got denied. Hence I applied for change of status from here (April 15 2017) and now my H-4 application is under process. In Dec 2016 (while I was on H-1B visa), I had applied for GC in EB2 category with my employer. My employer told me that my labor has been approved.<br>
    1: Is there a website where we can check the status of labor if it has been approved?<br>
    2: When can I file for I-140? Is it true that it has to be filed within 180 days of labor approval?<br>
    3: Can my GC application continue whilst being on H-4 visa? <br>
    4. Does the GC process, at any stage, require the applicant to be on H-1 visa?<br>
    5: I am planning to start Canada PR procedure. Will my GC application interfere with Canada PR at any point?

    Answer

    Watch the Video of this FAQ: Applying for green card while holding H-4 status; applying for green card and permanent

    residence for another country simultaneously

    Video Transcript:

    1. You have to go through your lawyer or your employer. You won't have access to it, but definitely, there is a website.

    2. Within 180 days of the labor approval.

    3. Yes of course. 

    4. It does not. 

    5. I don't see any problem with it, I know that at the border the Customs and Border Protection (CBP) sees that you have got two permanent residence applications going on sometimes they can raise a stink about it but in my opinion that's completely unjustified. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Wednesday, October 25, 2017 - 03:34

    Pros and Cons of Adjustment of Status and Consular Processing for Green Card

    Question

    My H1B (6 years) was from 10/1/2004 - 9/30/2010 from 5 different companies.
    Company A - PD(EB3) - Jun 19, 2007, I-140 applied on July 9, 2007, I-485 filed July 17, 2007 - got laid off Oct 31, 2008. - I-140 approved on Dec 29, 2008.
    Moved to Canada in July 2012 and became Canadian Citizen in Apr 2017. I have been keeping Advance Parole active by visiting the USA every year.
    Now I want to add my family in Canada(wife(Indian Citizen with USA visitors visa) and kid(Canadian Citizen)). Do you recommend AOS for myself and Consular Processing for my family?

    Answer

    Watch the Video on this FAQ: Pros and cons of adjustment of status and consular processing for green card

    Video Transcript:

    You have got your I-485 filed and that's a good thing and you kept it alive by keeping your advance parole alive, but you need a job offer and you need to file Supplement J. So if you want to take advantage of AC21 you have to move over to a new employer get a new job offer and use Supplement J to indicate to the USCIS that you are going through another employer. You have two choices. You can split the green card. You going through adjustment of status, you enter the USA with your Advance Parole and you file form I-824 for your family to go through green card processing through consular processing in Canada. So you can either bring them all in on an H-1/H-4 type visa or you can do your adjustment of status and let them do their consular processing.You should not convert yourself to consular processing that could probably end in the loss of a green card. You are taking advantage of AC21 which as far as I know is available only in adjustment of status. It is not available in consular processing. Hence adjustment of status for you and consular processing for your family makes sense. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Thursday, October 12, 2017 - 08:31

    Current Immigration/Visa Options for Entrepreneurs

    Question

    What are the requirements to get a visa and green card as an international entrepreneur? Is the start-up visa effective?

    Answer

    Watch the Video on this FAQ: Current immigration/visa options for entrepreneurs

    Video Transcript

    A few options for Entrepreneurial Visas:

    You could come in on E visa, H visa, O visa or TN visa and eventually get a green card based upon various other options including EB-1A if you are extraordinary qualified individual or EB-5 if you are making the required amount of investment and creating the jobs necessary under the rule. 

    You can also come in through L-1A if you have a foreign company you have worked outside for that company for at least one year as an executive or managerial employee, you can start a company or buy a company in the United States and transfer yourself or your key managerial employees or employee to the USA. L-1 is the fastest way of getting a green card because L-1 is potentially processed within a few weeks because you can file premium processing and once you are in the USA you can file a EB-1 based green card which will get you seen through the process normally within a year, sometimes as little as three to five months. More ...


    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Tuesday, September 19, 2017 - 01:32

    How Late Can a I-485 be Filed After Priority Dates Become Current

    Question

    Example Scenario: H1-B EB3. Candidate is in US for 10 years and extending his H1-B using approved I-140.<br>
    If a Candidate’s Priority Date is Current can the Candidate file I-485 after 4 years of the Priority Date being Current? Is it allowed without problems?
    Is there any specific limitation on the timing of filing (like I-485 should be filed within a specific time period after the priority date becoming current)

    Answer

    Watch Video on this FAQ: Are there any time limits on how late an I-485 can be filed after the priority dates become current?

    Video Transcript:

    There is no law that requires you to file the I-485 right away, but there could be some issues about H-1 extensions. You will certainly not be able to get three year H-1 visa extensions. Of course, you can work on EAD. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Wednesday, September 13, 2017 - 08:12

    H-1B Visa Denied and Petition Sent for Revocation

    Question

    I went to the US in May 2014 on H1-B working for Employer A. In Feb 2016, I moved to work for Employer B (small US based company, on other offices) with H1-B transfer receipt.
    The new job was remote work, so I started working from home for Employer B. I received RFE in April 2016 and I went to India the same month. While I was in India, the transfer got approved in June 2016 and I came back to the US with the approval notice as proof. My visa was getting expired in Sep 2016, so extension was filed with Employer B. The extension also got approved after RFE and extended till Sep 2019. <br>
    Current Situation:<br>
    Now, I came to India in Jan 2017 for my marriage. I went for visa stamping in Delhi with my wife (for H4) in Feb 2017. The visa officer asked me about my Role, client, and other common questions which I answered correctly. VO then collected my documents (I-129, client letter etc) and handed me 221(g) letter saying that he needs some time to review the documents. We left the embassy and the wait started.
    In March 2017, I received an email from embassy asking for the latest LCA which I promptly provided.
    After that there was no response for a few months, and I started working from India in US hours. Since my employer is a small company, they did not hire any attorney and did the processing themselves. They also did not seem to put any effort to expedite or help the process.
    In July 2017 (after 5 months), I received a call to collect the passport. On collecting the passport, the stamping was not done and I received a letter stating that my stamping is being refused and visa is sent to consulate for revocation.
    This came as a shock. I notified my employer, they were disappointed and did not know what can be done about this case. When I enquired, they said they don't want to spend more resources on this case and are fine with me continue working from India (reduced salary).
    <br>1. Is it possible to have the case reconsidered and to know the exact reason for refusal? If yes, how would I go about it without the support of my employer?<br>
    2. If this is only for stamping, how long will my extended visa be valid? Can I try the stamping again with this employer or find a new employer from India and use the same visa with them?<br>
    3. What happens to my assets (personal stuff, bank accounts, etc) in US?<br>
    4. If I can legally work for the same employer, how does it affect my taxes? Do I now pay taxes in India and in US both? Since when I can be considered liable to pay tax in India (when I came to India or stamping refusal date etc)?

    Answer

    Watch Video on this  FAQ: What are the options of an H-1B visa denied and a petition sent for revocation?

    Video Transcript

    1. Not until a notice of intent to revoke is sent.

    2. This case is going back to USCIS. 

    3. You can always get the assets back. You can try getting a tourist visa that's one way to do it. Second is to send somebody a power of attorney. You can get together with lawyers of the state where your assets are and get a proper power of attorney made out in the name of a friend. They can take care of it for you.

    4. I guess in India the answer is yes. But you don't have to pay taxes both in India, as usual, there is a relief available for people in your situation, but I am not a tax expert, you need to talk to a Chartered Accountant in India.  More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Tuesday, September 5, 2017 - 07:35

    H-1B Visa Stamping in Canada or Mexico; Importance of I-94

    Question

    I am currently working on H1B visa, My current visa stamping is via my previous employer (Employer A) and valid till September 2017 and my I-797 is via my current employer (Employer B) ,its valid till August 2018.
    I have few queries regarding my new H1B visa stamping and I-94. <br>
    1. Can I get my visa stamped in CANADA or any other country nearby to USA without revisiting INDIA.<br>

    2. Am I eligible for drop box option for my new stamping as my current stamping is via my previous employer.
    <br>
    3. I can see also my I-94 expiring is September 2017. Do I need to reach out to USCIS to update it, in order to maintain my status.

    Answer

    Watch the Video on this FAQ: H-1B visa stamping in Canada or Mexico; importance of I-94

    Video Transcript

    1. You can get your visa stamped in any country which is called Third Country National (TCN) processing. It is a good idea to check with them beforehand. Sometimes if they have too much of a workload, especially in Mexico they might temporarily stop taking TCN's. 

    2. I don't know because I don't know the rules for the drop box. If you read the rules and you qualify for them, then the answer is yes.

    3. I-94 is important. Once you are inside the USA your status is governed by the I-94. You could have a visa good till 2020 but if your I-94 is expiring tomorrow then you are going to be out of status day after tomorrow and unlawfully present. If your I-94 is expiring you got to get that extended whether it is through an H-1 extension or if you already have an approval and you can go outside with the visa for a visa stamping. H-1 and L-1 visas require a prior approval from USCIS. H-4 and L-2 visas do not. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Friday, September 1, 2017 - 01:29

    Is New H-1B Visa Stamping Needed if you Change Employers?

    Question

    I have a question on H1B stamping. I am currently working with employer A. I have visa stamping till Nov 2018 and it shows the name of my previous employer, employer B. I am planning to visit India in the coming month of November 2017. Should I go to visa stamping and get a new visa showing a new employer, employer A? In the past, I have encountered a similar situation and I came back successfully with out getting a new stamp. I am not aware of current immigration law. Have there been any changes in this aspect?

    Answer

    Watch the Video on this FAQ: Is new H-1B visa stamping needed if you change employers?

    Video Transcript

    I don't think you need to. Once again, I caution you that if you ask the consulate they might give you a different answer, but in the Foreign Affairs Manual in their standard operating procedures, I remember seeing there was no such requirement so you could travel on the old visa and the new approval. More...

     

    Friday, August 25, 2017 - 04:05

    Transfer from H-1 (with I-140 approved) to H-4 EAD

    Question

    I have approved I-140 with company A and my wife has her I-140 approved or over 2 years. I'm planning to move to H4 EAD. Can I file for H4 and H4 EAD concurrently? What would happen to my earlier I-140 and also to the GC process if I am on H4?

    Answer

    You can most definitely file H-4 and EAD together. Your green card process can continue even though you have changed your status.

    Thursday, August 10, 2017 - 04:43

    Does H-4 Require a Prior USCIS Approval for Visa Stamping?

    Question

    My dependents visa stamp on passport expires on Sept 1st 2017 and have valid I-94 till Sept 1st 2017 and this was with the previous employer A I worked for. I moved to a different employer B a year back and haven't filed H4 for dependents with employer B as it was not necessary. Now if my dependents travel to India prior to Sept 1st 2017, do I still need to file for H4 extension or is it good if they attend the interview at consulate in India and get visa stamped on passport without H4 extension using my approved I-797 (till 2019) with employer B.

    Answer

    Watch Video on this FAQ: Does H-4 require a prior USCIS approval for visa stamping?

    Video Transcription

    You do not need to get an H-4 extension from USCIS when you have certain derivative visas like H-4 or L-2. Those visas are given based upon the approval of the H-1 holder and the L-1 holder. For the dropbox facility, you have to look at the local rules. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Thursday, July 27, 2017 - 06:36

    I-94 Given for a Shorter Duration at the Airport than the Petition Approval Date

    Question

    I have an approved I-797A with company B valid till 2018 May (attached i94 with same dates). My Visa with Company A valid till 23 Aug 2017 (old passport). I got a new passport in 2015 Dec, which I have applied after moved to company B. I traveled to India in June 2016 and comeback, CBP officer gave me I-94 till 23 Aug 2017 with new passport entry, because of new passport I-94 number changed. My question is I-94 (May 2018) is on my I-797 is still valid or it will valid only till 23 Aug 2017? If valid only till 23 Aug 2017, How to solve this issue with out going out of the country.

    Answer

    Watch Video on this FAQ: I-94 given for a shorter duration at the airport than the petition approval date

    Video Transcript

    No, the government wants you to look at only the most recently issued I-94. If it is a government error, then you can correct it through CBP otherwise apply for an H-1 extension like you normally would through USCIS or go outside the USA and come back using the approval that is good till 2018. They should be able to give you a new I-94. More...

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Thursday, July 27, 2017 - 05:56

    New Regulations, Effect on Layoff after I-140 Approval

    Question

    1. I have I-140 approved and its more than 6 months over. My priority date is March 2011 under EB2. At this situation, if my current employer lay me off from work, what immediate step I need to do, in order to legally stay in the USA. ( Do I need to contact my lawyer to change my H1B visa status and my family status to Tourist visa or Can I change my status online or what is the option?). <br>
    2) With the new I-140 EAD regulations effective Jan 17th 2017 in place, am I eligible to apply for EAD using "Compelling circumstances EAD", if my company laid me off? As of July dates for filing for EB2 visa application is 01FEB09 , which is more than 2 years wait time for my dates to be current.

    Answer

    Watch Video on this FAQ: New regulations, effect on layoff after I-140 approval

    Video Transcript

    1. Having an I-140 approval that stayed in existence for 180 days does not protect your current status by itself so with the new rule you've got that 60 day grace period to file for an H-1 or any other kind of change of status after the layoff so you have got that 60 day grace period you could try applying for a tourist visa if nothing else works out.

    2. Yes. You can use Compelling Circumstances EAD. See my blog for more details.

    More...

     

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Thursday, July 27, 2017 - 03:21

    Evidence or Documents Created After the Filing of a Petition

    Question

    1. I had my H-1B approved in Feb 2017. I moved to the US after H-1B petition is submitted. My employer filed for COS from H4 to H1 through premium processing in March 2017. Got RFE on COS petition for proffered position and employee and employer relationship. which they have replied to .. And now got a second RFE asking for a combination of following or similar types of evidence: Letter explaining how the Level 1 wage designation LCA that you have provided corresponds to the proffered position. Document to support that the level 1 wage designation on the LCA supports the proffered position.
    <br>
    2. What are the other options if my COS petition is is denied?
    <br>
    3. Am I eligible for transfer if I get an offer from the new company?
    <br>
    4.Is my approved H-1B still valid and cap exempt, whatever is the outcome of COS petition decision?

    Answer

    Watch Video on this FAQ: Evidence or documents created after the filing of a petition

    Video Transcript

    1. As a general rule, USCIS takes the position that any documents or events that occur after you have filed a case are normally not going to be accepted as part of the case. Level 1 jobs are entry level jobs that are still being developed. If you submit a new LCA and say this is a level 2 position and the LCA is dated after the filing of this case that would be thrown out. You will have to refile the case. 

    2. Well if you are not subject to the quota you can always refile the case. 

    3. Yes, if you have earlier received a change of status or an H-1 visa. USCIS has been inconsistently telling us that they want us either to get a change of status or an H-1B visa stamping. Near approval is not enough. 

    4. Yes, if you have earlier received a change of status or an H-1B visa stamping. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Wednesday, July 26, 2017 - 04:24

    Protection of Section 245(k) for Employment-Based I-485

    Question

    Will there be any issue with my I-485 approval? If it gets denied, will my unlawful presence/out of status be counted from the time my I-94 expired? What should be my next steps?

    Answer

    Audio FAQ: Protection of section 245 (K) for employment-based I-485

    Audio Transcript

    1. 245(k) says if you are an employment based applicant or spouse or child of an employment based applicant we will forgive you up to 180 days of being out of status or on authorized employment since the date of your last entry. Any period accumulated before last entry we can disregard. We only count from the date of the last entry. Hence it is a very strong permission to help you file I-485.

    2. 245(k) is automatically given. The government actually applies for it themselves. You don't have to do anything special for it.

    3. When you are in between statuses: H-1B extension pending or old I-94 expired you are not in status enough to apply for this kind of status. But if your status expired less than 180 days ago because of section 245(k) you can file Adjustment of Status. More...


    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Tuesday, July 25, 2017 - 01:30

    Is a Copy of I-140 Approval Required to Extend H-1 B?

    Question

    If I change my employer, given the recent changes to I-140 rules for revocation/withdrawal, can my H1-B be extended again for 3 years, with me providing only the LIN number (which can be verified for an approved I-140 on the USCIS website) towards H1-B transfer to my new employer? Do I strictly need to provide the I-140 approval notice to extend/transfer my H1-B to a new employer?

    Answer

    Audio FAQ On: Is a copy of I-140 approval required to extend H-1 B?

    Audio Transcript

    As long as the I-140 was not revoked before 180 days were over and it was good until January 17 you are fine. There is no need to provide the I-140 approval notice. More

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

     

    Monday, July 24, 2017 - 04:09

    60 Days Grace Period for H-1B

    Question

    My Project with My Client will end soon and my employer doesn't have any further projects and asking me to go back to my home country (India) by end of this month. My Visa is valid till Aug 2017 with extension filed. So I am considering to resign on last day of the assignment. ( no new employer found yet).<br>
    1) as per new Rule would I be getting the grace period till my I 94 expires i.e till Aug 2017? Is this correct? ( 60 days grace period rule) Also during this Grace period Can I apply for a Change of Status to another non immigrant Visa - F1? (change to a different nonimmigrant classification.) if yes and F1 filed after termination of employment, will this not be considered as timely filed which can result in problems in the future?<br>
    2) if F1 is filed Should I start my classes before I94 expiry date or can I Start in September or should I wait till F1 is approved ( after 90 days from date of filing F1)?

    Answer

    Audio FAQ: 60 days grace period for H-1B

    Audio Transcript

    1. Let's say your I-94 was not expiring for five or six months no doubt you could lay claim on the 60 day grace period and get another extension or change of status filed during that time. If you do anything during that 60 day period unless the grace period is denied for any other violation of status you are considered to be applying within the status.

    2. As long as the difference between the last day of the 60 days and the period your F-1 begins is not more than 30 days you should be ok. More 

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Wednesday, July 19, 2017 - 07:16

    Applying For H-1B Visa When There Was A Status Violation

    Question

    Recently I got Consular visa, that my I-797 was approved without I-94 so I need to step out of the country to get H-1B visa stamped.
    Got laid off from EMP A and took around 55 days for EMP B to file h-1 and now I’m with EMP C. Both I-797's from EMP B and EMP C, I got consular visa to step out for visa stamping.<br>
    1. Usually, how much time I have to step out of US for stamping, if I go little after 3-4 weeks what’s the valid reason that I can give to Visa officer at interview time.<br>

    2. How can I justify myself about the 55days of gap I have from EMP A to EMP B ( during the time I do not have H-1B status), my attorney suggested that I need to tell VO that “I was looking for a Job and my employer took time to file for H-1B “. I’m not sure whether I can say this. Can you suggest a valid reason to give VO.<br>

    3. MY GC Perm Labor has approved and EMP C has applied for I-140 recently and it's still in processing status, during this situation If I get a full-time opportunity can I move with a new employer? OR I have to stay with current one until I get I-140 approved and then transfer with a new employer.

    Answer

    Watch Video on this FAQ: Applying for H-1B visa when there was a status violation


    Video Transcript

    1. Go as quickly as you can. It isn't an emergency, but it is something you should not take lightly.

    2. It is not an issue. Even if you had a 179-day gap it is not at a ground of denial for a visa. Just make sure you reveal it. If they ask you if you were out of status which is a part of the form you will say yes. Be truthful.

    3. When you want to move and a case is pending unless the pending case is decided you have to go outside for visa stamping. More

     

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Friday, July 14, 2017 - 11:45

    How to Reset H-1 Six Years

    Question

    I have a question regarding the 6-year stay on H1B if someone was in the US on L1B & later H1B. When does the clock gets reset, does it has to be 1-year stay out of USA at the time of H1B application filing OR 1 year stay out of USA between exit & re-entry in the USA?

    Answer

    Watch Video on this FAQ: How to Reset H-1 Six Years

    Video Transcript

    You have to be physically outside the USA for at least one full year. If you visit the USA during that time that is if you are here for ten days you've got to stay outside for ten extra days. If you are here too long, for eg: if in that one year you are here for seven months you might have to start the one year all over again.  

    Therefore:

    1. you have to be physically outside the USA.

    2. if you visit you must keep your visit short but then add in that time to the back end of your H-1 stay outside the USA.

    3. don't be here too long. 

    More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Friday, July 14, 2017 - 10:43

    Applying for H-4 Status while H-1 is Pending

    Question

    I got H1B approval from company 'A' till Oct 2015, filed H1B extension in May 2015. As there were no updates, changed extension regular case to premium and got RFE in 2016.Before responding to RFE got to know that company 'A' has some issues and no one was responding from company 'A'. So before 240 days completion of I-94 got visa transfer with company 'B' in a premium process. Now my H1b is in security check with company B. My Both H1b cases/receipts are still in pending status. I applied for H4 visa now within the USA and if any of my H1B cases get declined. Can I stay on my H4 visa receipt?

    Answer

    Watch Video on this FAQ: Applying for H-4 status while H-1 is pending

    Video Transcript

    Looks like you are basically in an authorized period of stay because your approval was only good till October 2015. They will not give it to you. You are better off going outside the USA for visa stamping. You should have your H-1 lawyers call the U.S. attorney's office and see if they can talk with the prosecuting attorney and get some kind of a letter or an email from them that that would make your approval possible because you have not committed anything wrong. You just happen to be caught in a case which is either being investigated or prosecuted. If it is being investigated there isn't much you can do, but if it is already being prosecuted and it's already in court you might be able to get around this problem because even if you go for H-4 visa stamping if there is a red flag on you, you might have trouble getting H-4 visa stamping. More...


    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Wednesday, July 12, 2017 - 06:49

    Effect of Revocation of PERM on an Already Approved H-1 Extension

    Question

    On 10-Mar-2017 I completed my 5th year on H-1B visa. I changed my job and joined my current employer on 01-Feb-2017 (after receiving the H-1B receipt number) while my H1B petition was being processed at USCIS.In the meantime, my employer filed my GC PERM application on 01-Mar-2017 while my H1B was still in process at USCIS.I got a RFE on my H1B application and while responding to the RFE my employer requested for 2 years of H-1B visa instead of 1 year i.e. 1 year for the 6th year on H1B and another year extension as my PERM application was filed and pending.

    Answer

    Watch Video on this FAQ: Effect of revocation of PERM on an already approved H-1 extension

    Video Transcript

    Once they give you an H-1 extension, if later on the PERM is revoked, which was the basis for the extension they will not take away your H-1 extension. So, supposing the date I filed my H-1 and the date my application was decided, my PERM was the basis for my H-1 extension, once the extension is given the PERM goes away and I should be able to keep my H-1. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Tuesday, July 11, 2017 - 08:13

    Exemption from H-1 Quota and Visa Stamping

    Question

    In 2014, My wife was working with employer "A" on L2 EAD and the employer "A" filed H1B petition in April-2014. She got approval notice in May-2014 but due to some family reasons we have to go back to India and she continues working for the same employer from India since then. Her approved H1B petition with the same employer "A" is valid till Aug-2017 and H1B visa is stamped in Dec-2016 for the same employer "A". She never traveled to the USA on that H1B visa as her employer does not have any opportunity there. Since she never traveled to the USA on her H1B visa ever, does that mean she has never granted status as an H1B Non-immigrant?

    Answer

    Watch the Video on this FAQ: Exemption from H-1 quota, Visa stamped, did not join employer

    Video Transcript

    I personally feel once your case is approved on October 1st, you should be exempt from the quota. If you are outside the USA and you do not get a visa stamp, the government takes the position that you are not yet exempted from the H-1 quota. More...

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Friday, July 7, 2017 - 05:11

    Query Regarding Impact on H-4 EAD During Job Change

    Question

    1. If I have my I-140 Approved and its been more than 180 Days after approval then I believe that even if I change the employer the I-140 does not gets revoked and it still stays valid. I can continue to extend my H1B with my old I-140. Is my understanding correct? <br>

    2. If suppose I have applied for my H4 dependents EAD while I am in my first company and both of us are working. Now it's been 180 days after my I-140 got approved and I switch my employer. In this case does my dependents EAD get's affected in any way?
    <br>
    3. Now assuming that answer to first question is Yes, but I believe that in-order to apply for GC my new employer has to file my PERM and I-140 again. If that happens will my dependents EAD gets affected in any way until the new I-140 gets approved?

    Answer

    1. The essence of your understanding is correct. You are safe against revocation.
    2. No effect on H-4 EAD of H-1 change of jobs, as long as the H-1 holder maintains status.
    3. Again, no effect on H-4 EAD if your new green card is filed.1. The essence of your understanding is correct. You are safe against revocation. 2. No effect on H-4 EAD of H-1 change of jobs, as long as the H-1 holder maintains status. 3. Again, no effect on H-4 EAD if your new green card is filed.

    Wednesday, July 5, 2017 - 07:12

    Current Trends in H-1B End Client Letters

    Question

    This is my second year on H1B and my H1b visa is valid till Aug 2017 with Valid 194. My Extension was filed on Oct 2016 normal processing and now I got an RFE on 22 May 2017. for the RFE I received last time ( Dec 2016 for amendment), I had submitted all documents like SOW, MSA, Client letter etc. and got an approval. However now due to some organizational changes, my Client is no longer providing us the Client letter. Due to recent changes and scrutinizing of H1b applications these days, is there any risk involved NOT providing the Client letter? are there any changes of getting a decline?

    Answer

    Watch the Video on this FAQ: Current trends in H-1B end client letters

    Video Transcript

    Since 2005 it has become very difficult to get H-1B approvals without clarification from an entrant if you are in a consulting position. Unless the end client can verify what your job is and how much control your employer doing the H-1 has over you, USCIS is not going to give you an H-1B approval. It has become very difficult to get H-1B's without the end client participation and sometimes it can be difficult even with a letter from the end client. It's really very sad that we have to do business in this way that our approvals depend upon the mood and the education level or knowledge level of the USCIS officer whose adjudicating the case. More...

     

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Friday, June 30, 2017 - 11:32

    Regarding Impact On H-4 EAD During Job Change

    Question

    1. If I have my I-140 Approved and its been more than 180 Days after approval then I believe that even if I change the employer the I-140 does not gets revoked and it still stays valid. I can continue to extend my H1B with my old I-140. Is my understanding correct?<br>

    2. If suppose I have applied for my H4 dependents EAD while I am in my first company and both of us are working. Now it's been 180 days after my I-140 got approved and I switch my employer. In this case does my dependents EAD get's affected in any way?
    <br>
    3. Now assuming that answer to the first question is Yes, but I believe that in order to apply for GC my new employer has to file my PERM and I-140 again. If that happens will my dependents EAD gets affected in any way until the new I-140 gets approved?

    Answer

    1. The essence of your understanding is correct. You are safe against revocation.
    2. No effect on H-4 EAD of H-1 change of jobs, as long as the H-1 holder maintains status.
    3. Again, no effect on H-4 EAD if your new green card is filed.

    Tuesday, June 27, 2017 - 04:28

    Rules for Counting 6 Years of H-1B

    Question

    I got H-1B approval in August 2013 valid from Oct 2013 to Sept 2016. After this, I traveled to the US in August 2014 on H-1B & I am here till now. My question is, till what time I can stay in the USA. I know for H-1B we get 6 years. But will this count my earlier stay on L-1B? For more than 2 years, I didn't enter to the US.

    Will it be until August 2020 or ( August 2020 minus the L1B stay ) ?

    Answer

    Watch the Video on this FAQ: Rules for counting 6 years of H-1B

    Video Transcript

    Any time that you spend on H-1 and L-1 will be counted together. So if you spend two years on L-1B or L-1A you've got four years left on H-1. The second rule is if you go outside the USA for one year the entire period is reset so you could have six years of H-1 back. If you were here on L-1A for seven years, then you went back to your home country stayed there for one year, did not come to the USA and even if you did come for a brief visit and then you have to be out those extra days you came, for example: if you came for 10 days you have to be out for ten days for the clock to be reset. You got your six years of H-1 reset. One thing L-1 is counted towards your H-1 and second thing, if you are outside for one year the period is reset. The next thing you need to know is every day you are outside the USA on H-1 you can recapture every day that you are outside. If you are outside the USA more than six months you get the entire year back. More 


    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Friday, June 9, 2017 - 02:51

    Changing employers after I-140 approval; impact on H-1, green card, H-4 EAD, etc.

    Question

    Planning to change my employer. Priority Date: Sept 2014 (EB2). H1: on my 5th Year (Filed for an extension it is currently in process). My plan is to change my employer once my extension is approved but I have the following questions. I am 100% sure my employer is going to withdraw my I-140. How is my H1 transfer going to work?

    Answer

     

    Video URL

     

    Tuesday, June 6, 2017 - 00:08

    Extending H-1/H-4EAD; working while extension pending

    Question

    I am on H1 Visa, my H1, wife's H4 and H4 EAD expires on 7/18/2017. I will be completing my 6 years by 7/18/2017. My I-140 is approved. I have a question
    1. Should I file for H4 EAD extension along with my H1 and H4 extension
    2. Can my spouse (H4-EAD) work while her extension in progress?

    Answer

    Video URL

     

    Video Transcript

    1. Yes, you should. 

    2. No. Once the current H-4 expires and EAD expires and you are waiting for the new EAD to arrive she has to stop working. More...

     

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

     

    Friday, May 19, 2017 - 23:00

    Physicians (FMG) NIW, AC21 portability, Teaching to clinical position

    Question

    Do the 3 years spent in residency training in an HPSA/MUA area be counted towards the five years required for NIW? The residency training (3 years) and subsequent job (2 years) were on H1B visa in two different HPSA/MUA areas but not processed through NIW route. Can the NIW petition be filed now retrospectively for those years already worked in underserved areas? My current GC sponsoring job is in a University teaching hospital (job designation Assistant Professor) but obviously also involves treating patients. The PERM prevailing wage category was teacher/ Professor but job description included patient care. Can the job be changed to that involving only patient care (no teaching) and still be considered same/ similar? How about a job (with patient care only & no teaching) in a private practice (as opposed to hospital employee)?

    Answer

    Watch the Video on this FAQ: Physicians (FMG) NIW, AC21 portability, Teaching to clinical position

    Video Transcription

    Under the current regulations beginning January 17, you can actually ask for a predetermination before you change jobs. You can send your Supplement J and wait, for they got to decide it before you join the new employer. They will readjudicate the case so you will know if you are safe when you move instead of just jumping. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Tuesday, May 9, 2017 - 04:50

    H-1B 60 days grace period explained

    Question

    Lost job recently. Was working on H1B. I am trying to understand how much time I have effectively to find another job and have the H1B filed by next employer. Is it necessary that the H1B “start date” in the I-129 petition be within the 60-day mark ( the grace period) from the last day of job in order for USCIS to grant H1B approval after a layoff?

    Answer

    Watch the Video on this FAQ: H-1B 60 days grace period explained

    Video Transcript

    The 60 day grace period is not a right, it is something you ask the government for. If you got unexpectedly laid off or something of that nature happened beyond your control you can request the government when to file for an H-1 transfer even though you were out of status for 45 to 50 days. You should request the government to give you status without having to leave the USA.  Once you file the application and get a receipt you can start working. AC21 does protect you under this rule. More


    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Monday, May 8, 2017 - 23:44

    H-4 EAD Status When Moved to Different Employer

    Question

    1. I have approved I-140 with company A and my wife got H-4 EAD. I am planning to move to company B. Can my current employer (Company A) revoke I-140? (I-140 has been approved for more than 6 months). If he can't revoke I-140, can my wife work on the H-4 EAD that she got based on company A's I-140?<br>
    2. If my H-1 and my wife's H-4 transferred to Company B, do I need to apply for new H-4 EAD or can she continue working on H-4 EAD from company A (that H-4 EAD still has validity)?

    Answer

    1. The employer can revoke, but, USCIS says, after 180 days they will not revoke the H-4 EAD.

    2. You will not need to change the H-4 EAD upon moving to any number of companies, as long as you maintain your H-1 status.

    Thursday, May 4, 2017 - 06:10

    Travel while H-4 EAD is pending

    Question

    Can my wife travel to India and then back to the USA for a period of 12 days while her H4 EAD application is pending? Based on current estimates of processing times we do not estimate that her H4 EAD will come before the first week of July. We will be back to the USA in the first week of May.

    Answer

    Watch the Video on this FAQ: Travel while H-4 EAD is pending

    Video Transcript

    If somebody has applied from H-1 to H-4 or F-1 to H-4 and applied for EAD at the same time they should not travel until the F-1 or H-1 to H-4 status is approved because if you do then you have to go apply for a visa come back and then apply for EAD all over again. On the other hand, if your H-1 is approved or you already have it and EAD is pending you are allowed to travel. The government discourages it as it can cause delays in EAD processing but it is not illegal. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Thursday, May 4, 2017 - 05:48

    Getting unemployment payments on H-1B

    Question

    I lost my job recently. I was working on H1B. I am staying in the US until my grace period ends or until I find a new job. Can I apply for the Unemployment Insurance in my state? I believe that is paid by the employer.

    Answer

    Watch the Video on this FAQ: Getting unemployment payments on H-1B

    Video Transcript

    Getting unemployment payments is not an issue because unemployment is private insurance, not really government funding. The problem is that it does not protect your status so don't think if you are getting unemployment payments you are in status. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Wednesday, May 3, 2017 - 05:34

    H-1B title "Programmers" and USCIS site visits

    Question

    Brief history - 7th year on H1, 140 approved.<br>

    1. Per recent USCIS memo 'H-1B for Programmers - 2017 Guidance'.... if the designation in my current LCA has 'Programmer' word, should I be changing the designation to a different one when I apply for H1 ?renewal?<br>

    2. Also in the same memo, it said: "USCIS will now target employers petitioning for H-1B workers who work off-site at another company or organization’s location."
    ........what does that mean......between my employer and the end client there is middle vendor...is that in any way related to what's stated above?
    <br>
    3. My most recent H1 is via COS from H4 and is valid until March -18. I will be applying for H1 renewal 6 months before but just in case the renewal doesn't go through, can I apply for a change of status to H4 while I'm here .

    Answer

    Watch the Video on this FAQ: H-1B title "Programmers" and USCIS site visits

    Video Transcript

    1. Sure, if your job is indeed something other than a programmer. The problem is in the IT industry titles are very misleading you could have somebody called a programmer but they are doing software architecture. The job description is the most important thing. Titles matter only as pointers. Titles are not definitive.

    2. Regarding site visits, they are going to target consulting companies and companies who are basically off-sitting their employees for site visits more than they would normally. Make sure you are working where you are supposed to be working, you are doing the job you are supposed to be doing at the level you are supposed to be doing. The job description should be the same as what you are actually doing and it should reflect the level of your seniority.

    3. When you have a case pending it is OK to stay, it is called Authorized Period of Stay, but you don't have full status if your old I-94 is expired. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Friday, April 21, 2017 - 10:59

    H-1 I-94 given at the airport for a duration shorter than the H-1 approval, how to extend I-94?

    Question

    I have my H-1 extension till 2020. I recently visited India and got visa stamped 2020 as well but while coming back as my passport validity was till Feb 2018 - I got the I94 till Feb 2018. How do I extend my I-94?

    Answer

    Watch the Video on this FAQ: H-1 I-94 given at the airport for a duration shorter than the H-1 approval, how to extend I-94?

    Video Transcript

    Let's say you have an H-1 which was good until August and you came to the airport in January and they gave you a I-94 good only till June because your passport was expiring in June. In that case, you have two options. If your passport is renewed and your visa is still good you can go outside and come back using the approval notice and the visa on your passport. You should be given the entire time remaining given in your petition plus 10 days. 

    The second option is if you still have time on the I-94 that was given to you at the airport you can apply for an extension while you are within the USA. More...

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Friday, April 21, 2017 - 10:36

    Fraud or misrepresentation findings in visa or petition, what should you do?

    Question

    1. I am on H-1B visa valid till sep 2018 , I came to India in November 2016 and applied for stamping of my visa here in New Delhi consulate , they kept my passport and some documents and told me it's in admin processing and will contact the client, as I was not working for that client during that time so they have rejected my visa after 3 months in January 2017 , the section they given for rejection is 212 (a) (6)(c)(i) which prohibits the issuance of visa for for fraud or willfully misinterpretation of fact. I check My USCIS online status of my H-1B says that my visa has been sent to the department of state. Will I be ever able to enter the USA ?
    2.How to remove this Fraud charges on me?
    3. I have a B1-B2 for 10 years in the year 2011, but that passport got lost in the USA, I got new passport from Indian consulate there and then I was traveling in H1-B mostly, So never bothered to inform and re-stamp my b1b2 visa from the consulate in India. How can I get my duplicate B-1/B-2 re-issued

    Answer

    Video URL

     

    Monday, April 17, 2017 - 07:45

    Changing from H-1 to F-1 and back to H-1

    Question

    1. My H-1B is going to end in 2019. Is it legal to change my H-1B to F-1 after that?<br>
    2. In case I get admission to a college, and finish my studies within 12-16 months, can I again start with a new H-1B and how many years will I get on that?

    Answer

    Watch the Video on this FAQ: Changing from H-1 to F-1 and back to H-1

    Video Transcript

    1. Yes.

    2. In order for you to reset the H-1clock converting to F-1 and staying within the United States is not good enough. You have to be physically outside the United States for one year otherwise the clock does not get reset. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Thursday, April 13, 2017 - 03:12

    If H-1 transfer is denied, can I rejoin my old employer?

    Question

    I received my 3-year extension post 6 years based on approved I-140 (sponsored by employer A). I am in the 7th year of H1B and have a valid visa until 2019. I have an offer from employer B. I am told by employer B that they are going to do H1B portability and extension using my approved I-140 from my previous employer. Since the premium processing of H1B is going to be suspended starting April 3rd, my new employer B wants me to join them based on the receipt notice of the H1B transfer. I am also told that the risk I have in case of denial is I would have to leave the US and re-apply for an H1B petition from my home country. From my understanding, one can always go back to their previous employer in case of rejection of H1 transfer?

    Answer

    Watch the Video on this FAQ: If H-1 transfer is denied, can I rejoin my old employer?

    Video Transcript

    According, to USCIS, when you are working under AC21 you are not out of status, you are in fact working according to the law and hence you should be able to join back. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Monday, April 10, 2017 - 06:12

    Can a revoked I-140 help for H-4 EAD?

    Question

    Do we have any more clarity whether the revoked I-140 can also be used to apply for new H-4 EAD? My I-140 was approved in 2015 but I recently changed job (after Jan 18) and was looking to apply for my wife's H4 EAD based on old I-140.

    Answer

    Video URL

    Video Transcript

    In a situation where an I-140 was revoked on or after January 17, 2017, and it stayed approved for 180 days, that revoked I-140 can be used to get or extend an H-4 EAD. The government has said they will extend the benefit of H-4 EAD extension to those types of I-140s even if they are revoked, extension or a new H-4 EAD. One more thing to consider is for an H-4 EAD to apply or extended it is not necessary that you must have a particular I-140. You can use any I-140's. More

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Friday, April 7, 2017 - 00:39

    Consequences of I-140 revocation

    Question

    1. Consequences if revoked (I-140) within 180 days. Benefits, if unrevoked(I-140) for 180 days and end date at work still be May 15th (or, should I ask my employer to EXTEND my end date until end-of-June so I complete my 180 days of I-140). <br>
    2. How question (1) above will impact H4-EAD which is under processing. if approved before May-15th H4-EAD is still valid and can be used ?<br>
    3. Does it mean after May-15th (last day at work) I have 60 days grace period to look for a new employer who sponsors my H1-B?

    Answer

    Watch the Video on this FAQ: Consequences of I-140 revocation

    Video Transcript

    1. If I-140 is revoked within 180 days of its approval you only get to keep your Priority Date. You do not get to keep your right to extend your H-1.

    2. H-4 is completely dependent on the H-1, as long as you maintain your status I don't see any reason why the H-4 EAD cannot be used.

    3. The 16 day period is not automatic. If you were laid off due to circumstances beyond your control you can ask the government to give you the 60 day grace period. If you find a job and file H-1 within that time. More

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Wednesday, April 5, 2017 - 11:40

    Do jobs have to be same or similar when I port my priority date?

    Question

    1. I'm on H-1 visa and on my 8 th year ...visa is getting extended based on I-140 approved. I'm getting an offer to join different company end client(currently I'm with the consulting company) designation not decided yet. In my current employer, I am manager and wondering if I get a different position in other company like Director or solution architect or Sr Manager...and if I join that company what effect that will make on my current approved I 140 or GC process. Is this safe to jump? I heard job category needs to be same or similar in various forums for PERM but I don't have clarity or understanding what that rule is and....how that thing impact my situation.<br>
    2. I have not filed I-485 yet since my priority date is back in 2013 in EB2. Also, my wife has H-4 EAD does that impact as well?

    Answer

    Watch the Video on this FAQ: Do jobs have to be same or similar when I port my priority date?

    Video Transcript

    1. When you port the whole job; I-485 is pending 180-days, jobs have to be same or similar. When you are just porting the Priority Date in the I-140, jobs can be completely different. You have to start the green card from the PERM process, but when you are just porting the Priority Date there is no problem.

    2. The answer is No. As long as you are maintaining your H-1 status and she is maintaining her H-4 status. More...


    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Tuesday, April 4, 2017 - 02:52

    H-4 EAD changing back to H-1

    Question

    1. Had H-1B petition approved in 2015 through consular processing while residing outside the USA? But did not get stamped for H-1 but came to the USA on H4 visa. Currently working as an employee on H-4-EAD. Can I change my status to H-1B from H-4, If Yes - Will it be treated outside H-1B Cap?<br>
    2. Do I have to leave the country and get stamped and re-enter with H-1B status?<br>
    3. Will I get a new I-94 with latest 1 yr or 3 yrs approval? <br>
    4. How many days will the process take to change status?<br>
    5. Can I continue working while the COS is in progress or pending with USICS as I would like to continue working without a break? Also, do I have to go back to the same petitioner who applied for H-1B visa or can I transfer it to a different employer?

    Answer

    Watch the Video on this FAQ: H-4 EAD changing back to H-1

    Video Transcript

    1. That's uncertain. If you are outside the USA and you got your H-1B but you didn't get it stamped, will consider you still subject to the quota. I personally think if they say you can't get an exemption from the quota and you got to get a visa stamping there is really no support in law for that viewpoint. So you can try that's all I can tell you.

    2. You don't have to leave USA to get H-1B status if you are maintaining H-4 status.

    3. If you got three years remaining on your H-1 or more you will get a three-year H-1 and if the project is for 3 years.

    4. Many months.

    5. If your EAD is valid until your H-4 is changed to H-1 you can continue working. Once you are exempt from the quota you don't have to go back to the same employer. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Tuesday, April 4, 2017 - 02:22

    Changing employers after 6 years of H-1 are over

    Question

    1. With my approved I-140 from Company B can Company C use that to file my extension for 3 years. I have a copy of approved I-140. Is it safe to change companies in the 6th year. <br>
    2. Using the approved I-140, I have filed H4-EAD for my spouse in Feb 2017 and is yet to receive the EAD approval. If I get it will be only valid till Nov 2017 based on current I-797 validity. So, if H1-B is approved for Company C, can I file extension of H4-EAD 120 days before validity based on that approval. If EAD is provided, it is going to expire on Nov 2017 based on the H1-B's current I-797.<br>

    Answer

    Watch the Video on this FAQ: Changing employers after 6 years of H-1 are over

    Video Transcript

    1.Yes you can file for an extension. That's all you need a copy of the approved I-140. It is safe to change companies. The law is once your I-140 is approved and stays approved for 180 days, even if your old employer revokes your I-140 you have the right to keep extending your H-1 through any employer.

    2. I think you can apply 180 days. The new regulations allow you to file for EAD extension 180 days ahead of time. Have it double checked. It is not a guaranteed right but USCIS has said that they will accept that unless they post it differently on their website. So always double check the information. More...

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Friday, March 31, 2017 - 04:59

    Filing two quota H-1 petitions simultaneously through different companies

    Question

    1. Is there any legal restriction to have two H-1B petitions from totally unrelated employers in the lottery to double my chances of getting H-1B?<br>

    2. I do not intend to inform both the companies. Will they ever know that another company has also filed H1B on my behalf?<br>

    3. What will happen in case both my H-1B petitions are approved (chances are rare). Can I join any company?
    <br>
    4. I also want to ask, is there any possibility USCIS can trigger RFE or NOID in case both H-1B petitions get approved?

    Answer

    Watch the Video on this FAQ: Filing two quota H-1 petitions simultaneously through different companies


    Video Transcript

    1. You can file two H-1B petitions simultaneously. When you are filling a quota H-1 more than one company can file, but the company shouldn't be related to each other. If the company is related you have the risk of being denied both applications. But if they are totally different companies you can have as many as three thousand H-1's filed and nobody cares.

    2. Look at form I-129 and the supplement H. For sure the first company who has filed would not know and I don't think so any of the companies would find out about the other company. It depends entirely on the language of the questions on form I-129 and supplement H. You can double check this. They don't require to disclose pending filings only approved cases.

    3. If both H-1B's are approved, you can join any company. One company's approval does not overrule the others. The only thing I would say is to be careful if you have signed some kind of a reimbursement agreement that you will reimburse them X dollars for liquidated damages if you don't join. You might have a legal issue from the contract side, but from the immigration side, I don't see a problem.

    4. I don't think so unless they want to check if the companies are related that could certainly be a possibility. That's one way they could find out. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Thursday, March 30, 2017 - 03:34

    Does the H-1 60 days grace period apply when one quits a job?

    Question

    1. Does the new 60 day grace period for H-1Bs apply to one after quitting their job ? Or is it only applied to situations only in the cases where the employer terminates the job?<br>

    2. I am on H-1B and plan to quit my job and move back to India, I would need 3-4 weeks to wrap up things here after quitting the job. I am trying to see if I can use this 60 day grace period.

    Answer

    Watch the Video on this FAQ: Does the H-1 60 days grace period apply when one quits a job?

    Video Transcript

    1. According to the regulations what my best guess is it was reserved for those circumstances where you had no choice but to be out of status, but if you quit voluntarily I don't think you can claim the 60 day grace period.

    2. Apply for a B-1 or B-2 visa, change of status before you quit your current job. It takes them 4-5 months just to decide on that application and as long as that application is pending you are not illegal in the United States as you are in an authorized period of stay. Carry a copy of that application and the receipt always to make sure if ever that question comes up about your stay. More...


    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Tuesday, March 21, 2017 - 15:53

    Compelling circumstances EAD

    Question

    I have approved I-140 from 2010. I read that if I apply for I-140 EAD (due to compelling circumstances ) it will revoke my H1B status and then I would not be able to adjust the status through I-485 without going outside the country and getting back on H1 which is extremely risky. The other option is Consular Processing which is also waiting outside US. Is that right? What status would a person be in US if on I-140 EAD due to a compelling circumstance? Is there a way to switch to H-1B so as to continue with Green Card through Adjustment of Status ( with same priority date) while within US?

    Answer

    Watch the Video on this FAQ: Compelling circumstances EAD

    Video Transcript

    If you use a compelling circumstance EAD you are in authorized period of stay. If you want to file I-485 or want to convert back to H-1B you got to go outside the USA and come back on a H-1B visa. There is no way around that. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Monday, March 20, 2017 - 09:31

    How does H-1 60 day grace period work?

    Question

    I am working on H-1B. The job will end in a few weeks. What are the implications of the "60 day grace period" rule that has been created recently?

    Answer

    Watch the Video on this FAQ: How does H-1 60 day grace period work?

    Video Transcript:

    The 60 day grace period is available to you for each H-1 episode whether it is an extension, amendment or a transfer. When they proposed the regulation, it was supposed to be one time 60 day grace period, but then government relented and made it available for each H-1 incident.

    For some extraordinary reasons like, you got laid off without any notice and you found a job in the next 40-45 days you can apply for a transfer. You cannot start working until you have applied for the transfer, using the AC21 you can start working until the decision is made and if the decision is made and they give you concession then you can get your H-1 within USA.

    Hence the 60 day period is available for each episode of H-1, two it is not automatic, you have to ask for it and three you can start working once you apply for the H-1.More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Monday, March 20, 2017 - 02:48

    Physician FMG applying for Cap H-1 through a cap exempt employer

    Question

    1. For a resident who is completing residency on Jun 30 on cap-exempt H-1B visa and has a job offer from a hospital that is cap-exempt because it is non-profit and has affiliation with a medical school for training, can the employer be requested to first apply for a cap-subject H-1B visa on April 1? <br>
    2. If the lottery does not come through, can hospital apply subsequently for cap-exempt? Are there any risks with this approach?<br>

    3. Is a start date of July 1 possible with cap-subject?

    Answer

    Watch the Video on this FAQ: Physician FMG applying for Cap H-1 through a cap exempt employer

    Video Transcript:

    1. My guess is they can. You can also have the employers' lawyers look into it or your lawyers look into it including making a phone call to the USCIS. Document what they have to say and if they say yes, then there is no problem, but if they say no it can be followed up further.

    2. They can, later on, do a cap exemption. If you don't go through the lottery their right to do a cap exempt is already there.

    3. No, it is October.

    More...

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Friday, March 17, 2017 - 03:49

    AC21, changing jobs, when to file Supplement J

    Question

    My EB2 priority date is June 2009. I filed for my I 485 in 2012 and since 2013 I have EAD and have been maintaining H1b status.
    In 2014 I changed my job from the original employer who started my GC process (with whom I have I 140).
    I sent AC21 when in 2016 I got the standard RFE to produce medical records and employment proof (since then the priority date had retrogressed again), and also have H-1B with my new employer. I have not started the new GC file with a new employer.
    Should I file supplement J now, proactively, or should I wait for another RFE from USCIS when my priority date becomes current in the future, to file for supplement J?

    Answer

    Watch the Video on this FAQ: AC21, changing jobs and when to file Supplement J

    Video Transcript:

    There is a graph on this about when you must file Supplement J on our web site and what happens after you file. 

    As for your question, the answer is No. You will have to file Supplement J when the case is still pending, it's optional if you want to file you can but if you change employers next time and if there is an RFE you must file a Supplement J. More...


    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Thursday, March 16, 2017 - 07:18

    Impact of the new I-140 regulations

    Question

    My I-140 approved (India/EB2) from Employer A in June 2015, I joined Employer B in Oct 2016. Employer A sent revocation of my I-140, on USCIS website today is showing below status: "On December 7, 2016, we received your correspondence for Form I-140 ..." Will I still be eligible for 3 years of multiple H-1 extension with my approved I-140 from employer A without filing new I-140?

    Answer

    Watch the Video on this FAQ: Impact of the new I-140 regulations

    Video Transcript:

    Your revocation of the I-140 is occurring from December 7 which is before January 17 where you would have been protected. I am worried that in your case if there was a revocation you will not be allowed for multiple H-1 extensions based upon an I-140 that has been revoked. If the revocation was from January 17 onwards you would be fine, but if it is before January 17 you will no longer have the right to keep getting H-1 extensions if the employer revokes your I-140. That was the old law. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Tuesday, March 14, 2017 - 08:30

    Revoke H-4 EAD Regulation

    Question

    If Trump administration tries to revoke H-4 EAD through rulemaking /congressional Act, is there some way for the H-4 community to fight for it in the court to retain the H-4 EAD? What are the least possible ways to fight for it?

    Answer

    Watch the Video on this FAQ: Revoke H-4 EAD regulation



    Video Transcript:

    The reason H-4 EAD regulations have come under a cloud is because there is a lawsuit pending. This all started about two years ago when an organization called Save Jobs USA sued USCIS for the regulations that created H-4 EAD and the basis was that these regulations were beyond the authority of the USCIS and they were hurting US workers. 

    The major issue right now is, does Save Jobs USA have the right to file this lawsuit. If they win then this case goes back to the District Court. H-4 EAD regulations should not go away very quickly. One of the dangerous thing is that Save Jobs USA as a part of their appeal has asked the court to not only rule that they have standing to sue but also to rule that the Department of Homeland Security does not have the power to issue these regulations. I don't think the court of appeals is going to entertain that.

    Rajiv in this video explains, discusses and answers questions on this issue.


    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Thursday, March 9, 2017 - 05:54

    Legal Rights/Benefits of Green Card Compared to H-1B

    Question

    After getting GC (emp based):<br>
    1. If an employee is working for an end client (employer - vendor - end client): while employed with GC sponsor, can a person be on bench (no pay) for some time? or like H-1B, it's considered as out of status, risk of GC revocation? <br>
    2. Would like to travel to visit family abroad- At of POE, any questions by the officer ? Even though still employed, but not on a project at end client?<br>
    3. While applying for citizenship later, if W2 < LC salary for any given year, negative impact during interview?<br>

    4. Also, as a green card holder, can a person be self-employed(sole owner of LLC - and do 1099 contracting for US clients) ?<br>
    5. In above scenario, is it legal if you(LLC) did not make any revenue in between contracts?<br>
    6. Is it legal for GC holder to be unemployed, or like H-1B, if you are on bench or not getting paid by employer - you are out of status - hence risk of losing GC?<br>

    Answer

    Watch the Video on this FAQ: Legal rights/benefits of Green Card compared to H-1B

    Video Transcript:

    It is easier to define the rights of a GC holder in comparison to the rights of a U.S. citizen. You can pretty much do everything that the US citizen can do.

    1. Of course, a US citizen can be on bench. no risk of green card revocation there.
    2. Technically if you are gone for less than 6 months there shouldn't be too many questions.
    3. Once you get your GC approval whether you get paid ten times more or less is irrelevant. 
    4. You can be self-employed as a GC holder and you can do a 1099.
    5. That's not a problem at all.
    6. Yes, it is legal for a GC holder to be unemployed. More... 

     
     
    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Thursday, March 2, 2017 - 00:34

    Will H-4 EAD Rule be revoked?

    Question

    1) Is it true H-4 EAD rule will be revoked by the government? <br>
    2) My H-1B visa is going to expire in 14-Jan-2018 and if my employer submits my PERM application in the month of June (i.e. before 6 months of my current 6 years of H-1B visa duration).<br>
    a) If my PERM is not approved before my current H-1B visa expires. Can I change to H-4 EAD at that time?<br>
    b) If my PERM approved after change to H-4 EAD, Can I change back to H-1B?<br>
    c) Is it possible to convert from H-1 to H-4 EAD without taking a break in employment?<br>
    d) If my PERM gets approved after my current H-1B expires can my employer file for H-1B extension?<br>
    3) I would like to move to H-4 EAD but I would like to come back to H-1B anytime in future, in that situation what is the best status for H-1B?<br>
    4) If I apply for new H-1B is it comes under H-1 quota (After 6 years completes.)?

    Answer

    Watch Video on this FAQ: Will H-4 EAD Rule be revoked?

    Video Transcript:

    1. I don't think it will be revoked.

    2a. Yes, you can if your spouse's I-140 is approved or she is in the 7th year of her extension.

    2b. Yes, you can change back to H-1B.

    2c. I cannot predict this question as it is a question of logistics. 

    2d. Most definitely.

    3. You can be in any status. If your right to activate or H-1B comes mature you can jump back to H-1B without any problem. 

    4. It does not.

    More...

    Wednesday, March 1, 2017 - 23:20

    J-1 Physician applying for following to join after waiver

    Question

    I am a physician currently in H-1B undergoing 3 years of J-1 waiver program which is set to be completed on July end of this year. My husband got his greencard through E-B2 category (rest of the world) in early 2013 When I was still in J-1. My name was included in I-140 but could not file I-485 due to my J-1 visa. I have been married since 2006 and came to the US initially on H-4 visa before getting residency in J-1 visa. Is there a possibility of filing my I-485 directly without waiting for the long I-130 approval process? Or is there any exceptions for a situation like mine such that spouse happened to be in J1 and could not apply for a change of status at the time primary applicant applied for I-485?

    Answer

    Watch Video on this FAQ: J-1 Physician applying for following to join after waiver

    Video Transcript:

    Yes, if you are in the USA in legal status and his priority date through which he got his green card is still current you should be able to file your I-485 directly. More...


    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Tuesday, February 28, 2017 - 07:04

    The new regulations, withdrawal of I-140, H-1 extensions

    Question

    I have an approved I-140 with priority date 2013 from employer A and my employer A is withdrawing it. I am going to apply I-140 with employer B now in regular processing and also porting the date. I will complete my 6 years of H-1 end of the year. Will I still be eligible for 3 years of H-1 extension with my approved I-140 from employer A?

    Answer

    Watch Video on this view FAQ: The new regulations, withdrawal of I-140, H-1 extensions

    Video Transcript:

    The moment your I-140 is approved the date is yours, the moment it stays unrevoked for 180 days your right to extend your H-1 with any employer remains safe even if the 1-I40 is revoked. But the caution that I was pointing out to be is sometimes USCIS can go back and revoke an already approved I-140. But they have raised the bar on that too. They will not be able to take away your rights merely because they made an error. The error has to be something I call error plus, basically which means there were some certain facts that were not in evidence when they approved the case. More 



    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Tuesday, February 28, 2017 - 02:18

    Changing Employers With An Approved I-140 After January 17 2017

    Question

    I have approved 140, Green card EAD/AP card in EB2 from company-A and passed more that 180 days. I have maintained H-1B status since last 9 years instead of using EAD/AP as the need to go India for marriage so my future wife gets H-4 easily. Just transferred my H-1B to company-B. Company-A will revoke my I-140 in March 2017 due to company policy. I have following questions to ask you.<br>
    1. Shall I get H-1B extension (beyond 6 yr) in future with company-B after I-140 revoke from my previous employer?<br>
    2. I have EAD/AP card from my previous employer. Is it required to start GC process like labor and I-140 application again with company-B if my previous employer revokes my I-140?

    Answer

    You can continue to extend your H-1 even after I-140 is revoked by the employer, IF, the revocation was sent more than 180 days after I-140 approval.

    Under AC21, you do not have to start a new green card if:

    1. Your I-140 is approved;

    2. Your I-485 has been pending for 180 days or more;

    3. You will take an employment same as or similar to your green card job; and

    4. You file Supplement J.

    Monday, February 27, 2017 - 07:38

    When is an H-1B amendment required?

    Question

    I am on H-1B visa and my 9th year H-1B approval will expire on 09/01/2017. This approval is when I was working at client A and from 09/19/2016 , I am working at client B but my employer checked with Lawyer and she is saying no need to file amendment as it is in same MSA. Is that ok? and my wife she on H-4 with EAD she wants to travel to india and She has to go for stamping so since my H-1B amendment is not filed do you see any issues for her H-4 stamping ? Is it safe to travel ?

    Answer

    Watch Video on this FAQ: When is an H-1B amendment required?

    Video Transcript:

    USCIS has given us a relatively an incomplete memorandum that currently says this: if an employee relocates within the same geographical area,  which is a normal commuting distance of an approved location they do not have to file a H-1B amendment. This is not a complete story. The memorandum is misleading and we have been advising our clients to work according to my suggestions and not depend on the memorandum. 

    First of all, even if you go by the language of the memorandum, remember USCIS and the Department of Labor have different regulations so just because the memo talks about the USCIS regulations does not mean you have complied with the Department of Labor regulations for change of job locations. Department of Labor says, any new location even if it is in the same building you must post the LCA notice there, at the very least. So even if you are moving within the same area LCA notice should be posted.

    The second way this memorandum is misleading is: what if I change jobs next door, but my job description changes completely? You will have to file H-1B amendment even though it is the same neighborhood.

    What if my client changes and what if my project changes. I think in all those situations, the conservative thing to do is to file an H-1B amendment. More..

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Friday, February 24, 2017 - 06:21

    Should I travel outside the USA/H-1B visa stamping

    Question

    I am on H1-B and my H1-B is validating till 2019 and priority date is 2014 and I recently changed my job. I-94 is expired in 2014. Due to new trump gov. Do you think that it will very risky to go to India and do stamping ? do you find people are facing issues in stamping? What should we do if we go for stamping and face the problem? What precautions should we take? Should we go for stamping or not

    Answer

    Watch the Video on this FAQ: Should I travel outside the USA/H-1B visa stamping

    Video Transcript:

    If you are not on those list of seven countries, people are traveling and coming back. Overall, I think H-1B visa stamping was always complicated, especially when you work at the client's site instead of in-house so that is not becoming any easier. When you reenter the USA, the government does look at your paperwork. If you are approved to work in San Francisco and you are working in Akron, Ohio they are not going to let you enter. That was always the case. That law hasn't changed. Going to India will be risky. As a precautionary measure make sure your paperwork is reviewed by your lawyer. Make sure all the H-1 required conditions are being adequately met and you are not violating any conditions. But if the traveling is merely discretionary or optional then don't travel. Getting H-1 visa stamps was always a hassle and it certainly hasn't got any easier. More...

    Thursday, February 23, 2017 - 02:27

    Extension of H-1 beyond six years, gap in H-1, late in filing PERM, etc.

    Question

    My H-1B visa is going to expire in 01-Jan-2018 and if my employer submits my PERM application in the month of June (i.e. before 6 months of my current 6 years of H-1B visa duration).<br>

    1) If my PERM gets approved before my current H-1B visa expires (i.e. before 01-Jan-2018).<br>
    Would I be eligible for a H1B extension for 1 year since my PERM was approved before the current H-1B expiration?<br>

    2) If my PERM gets approved after my current H-1B expires can my employer file for H1B extension of 1 year since my PERM is approved now.<br>

    3) If my PERM is not approved before my current H-1B visa expires.<br>
    Would I need to go back to India?<br>

    4) I spent about 2 months (on vacation) in India. Can these 2 months be added back to my current H-1B visa? or this can only be added if my current employer files for my green card?

    Answer

    Watch Video on this FAQ: Extension of H-1 beyond six years, gap, in H-1, late in filing PERM, etc.


    Video Transcript:

    Under the current rules, there are two ways you can get H-1 extension beyond six years: one is based upon the time you're green card has been going on and the other one is based upon the stage you are at and we don't care what time the green card was started. Time-based and stage based. Time-based works like this. The day of the first anniversary of your perm filing is reached you are entitled to a one-year extension of your H-1 on a year to year basis. Stage-based green card, the day your I-140 is approved, you are entitled to three-year extensions. So those are the only two ways.  

    What if you are late? What if you have only eight months left on your H-1 when your PERM is filed? 

    Well, if there is a four-month gap or a two or three-month gap you would either have to convert to another status or leave the USA and then you come when you're one year time is matured or stage based green card is activated because you're I-140 is approved.

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.



    Thursday, January 5, 2017 - 01:48

    Regarding H-1B Extensions

    Question

    I heard your community conference call for 1st December, you mentioned that even though the approved I-140 is withdrawn by a previous employer after 180 days of approval we should still eligible for H1 extensions with a new employer.

    My question here: is it required that new employer need to file labor and I-140 in order to apply for extensions or can I just keep on applying for H1B extensions based on my first I-140 approval?

    Answer

    You can keep applying for H-1B extensions based upon a valid I-140 approval from an old employer. The new employer does not have to file. But if you want to get a green card, some employer will have to restart the process.

    Tuesday, December 20, 2016 - 10:26

    Change of Status to H-4 - effect on priority date; maternity leave on H-1

    Question

    1. Planning to transfer from H1B to H4, I-140 approved with Jan2015 priority date. Can I keep the priority date after I change to H4? Intend to come back to H1 after few months. 2. Currently I'm 7 months pregnant and I work for a consulting company (employer) on H1B visa, Can I take maternity leave on H1B? If yes, for how long? will it be a paid or unpaid leave? If not do I need to convert status from H1B to H4? If yes, can I change it back to H1B and work again or need to apply for a fresh visa?

    Answer

    Here is an interesting question, if I am on H-1 and I convert to H-4, does that kill or affect my priority date ? Answer is no. If you were on H-1  and you had filed a Green Card, you got a priority date and I-140 was approved now you changed to H-4 that does not kill your priority date. That's not the problem.

    And the second part of the question was can I take maternity leave on H-1?

    Yes, absolutely. How much you can take that depends upon the State law, so the Federal law and the state law combined that's the best way to decide. So the maternity leave definitely allowed and sometimes if in addition to maternity leave if some have medical necessity and you need to take more time off , you should be able to do as well and you would be considered to be on H-1 and you don't need to convert to H-4   for maternity leave reasons but you can do that also and you can convert back to H-1 later on.  

    Tuesday, December 20, 2016 - 10:12

    What is new regulations for H-1 grace period, revocation of I-140 ?

    Question

    My I 140 is approved in 2013 and H1-B 5 year and 3 months are completed.
    I have important question , after 17 Jan 2016 , my any chance I loose my job and my employer revoke my H1-B and I 140.
    1. Will I get some time to find new job and new employee to transfer my H1-B ?
    2. after my employer revoke my H1-B what is time line I can still transfer my H1-B visa with new employer?

    Answer

    Government will sympathetically consider unexpected layoffs and should give you consideration up to 60 days each H-1 period. So one 60 day period let say you have taken and then changed your employer another 60 day period kind of like that and there is little more to it but each time there is new validity to H-1 . You will be able to get 60 more days.

    Tuesday, November 15, 2016 - 02:34

    Converting from another work status (such as H-1) to H-4 EAD

    Question

    My spouse is currently working on F-1 OPT or H-1 status. How can he/she change to H-4 status and obtain H-4 EAD without a gap in the ability to work?

    Answer

    We have received several requests about how to ensure there are no gaps in a spouse’s ability to work when converting from another work status (such as H-1) to H-4 EAD.

    The short answer, as of now (November 2016) is that here is no way to guarantee that there will not be any gap in a spouse’s ability to work.  The problems arise from the fact that there can be a gap between change of status to H-4 and receipt of EAD.  The law requires that EAD must be approved and the EAD card must be in hand for the H4 holder to work. 

    To illustrate some of the scenarios we have been asked to comment upon:

    Question: My spouse is currently working on F1 OPT or H1 status.  How can he/she change to H4 status and obtain H4 EAD without a gap in the ability to work?

    Answer: There is no way to ensure there will be no gap between the current employment authorization and the H4 EAD approval.  The H4 and H4 EAD petitions can be filed concurrently, but USCIS has not been adjudicating them at the same time.  First, USCIS adjudicates the H4 petition, after which they start working on the H4 EAD petition.  As the H4 EAD generally takes about 90 days to be adjudicated, it is best to anticipate H4 EAD approval about 90 days after the H4 approval.

    It is possible to request a future start date for the H4 status.  The hope would be that by the time the H4 status becomes effective, the H4 EAD is also approved.  But again, there is no way to guarantee the time frame. 

    Question: My spouse entered the US on H4 status.  How soon can the H4 EAD be filed and how long will it take before he/she can work?

    Answer: The H4 EAD can be filed as soon as the spouse has arrived in the US on H4 status.  Because, the USCIS is taking about 90 days to adjudicate the H4 EAD petition, your spouse is likely to be able to start working in about 3 months after the EAD petition is filed. 

    Question: We need to renew my H1 and my spouse’s H4 and H4 EAD.  Would it help the EAD to be issued faster if we file the H1 petition through Premium Processing?

    Answer: Possibly.  There is no Premium Processing option for H4 or H4 EAD, but as a courtesy, the USCIS often tries to adjudicate H4 and H4 EAD petitions at the same time as the Premium Processing H1 petition.  There is no guarantee that the USCIS will adjudicate the H1, H4 and H4 EAD at the same time.  It is possible that only the H1 will be adjudicated under Premium Processing, and the H4 and H4 EAD will be adjudicated in the normal queue.

    Question:  My H1 does not need to be extended, but my spouse’s H4 and/or H4 EAD do need to be renewed.  How can the petitions be filed so there is no gap in the H4 EAD authorization to work? 

    Answer: It is critical to file these petitions early.  The H4 renewal can be filed 6 months before the current H4 expires, and the H4 EAD can be filed 120 days before the current H4 EAD expires.  While it is not a guarantee that there will be no interruption in the work, early filing is the best option to provide the USCIS with enough time to process the petitions.

     Click here for Rajiv's blog entry on H-4 EAD Rule

    Wednesday, October 12, 2016 - 06:09

    Issues regarding changing jobs while on H-1:-- Is there a minimum time gap necessary to transfer H-1 from one job to another, change jobs, timing of resigning and joining

    Question

    I recently moved from Company A to B on July-2016 as a contractor while on i was on my 6th year H-1B visa. Company B did my H-1B transfer and I-140 got approved through them as well. Now working at End client location placed through Company B. Now End client wants to hire me as Full Time employee.<br>
    1. Given I recently joined Company B will my jumping to Company C cause any issue to my H-1B visa? <br>
    2. Can company B cancel my H1B petition?If Yes, Do i have to have a approved H-1B petition from Company C before informing Company B about the offer?<br>
    3. Will my I 140 which got approved thru company B still be valid? Can i use it for future extensions of H-1B?<br>
    4. Company B did not provide I-140 copy, how to obtain the same from USCIS?<br>
    5. Is there any mandatory period to serve in one company who has sponsored my GC as I recently got my I-140 approved in August-2016?

    Answer

    FAQ: Issues regarding changing jobs while on H-1:-- Is there a minimum time gap necessary to transfer H-1 from one job to another, change jobs, timing of resigning and joining


    Video Transcript:

    1. The answer is of course not. There is no requirement that there must be a certain gap between when you went from one H-1 to another. So if you move from A to B and 10 days later decide to move from B to C that is not illegal. The law permits you to do it. 

    2. If they don't cancel your H-1B they are considered to be still the employer and they can be required to pay your salary. As for the second part of the question, no, but you have to have a filed petition. This is important. You have to have your second case filed before the first case if revoked.

    3. Yes, your I-140 which got approved through company B will still be valid and yes you can use it for future extensions of H-1B. If company B wants to keep your I-140 they can. You will have to start your green card all over again but you should be able to use your priority date with the old I-140 approval.

    4. One of the ways you can get a copy of I-140 is through FOIA request which is I think the form G-639. When you file a 639 it is a free form without fees. Government then gives you a copy of your immigration paperwork.

    5. There is no mandatory period that you have to work with a company after getting your I-140 approved. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Monday, September 12, 2016 - 00:58

    Am I Exempt From H-1 Quota If Visa Was Not Stamped

    Question

    My query is that whether my name which was sponsored by an IT company and come under quota (in 2008) could still be considered to remain as 'VALID' and 'UNUTILISED' under the year 2008 quota (and initial period 2008-2011). As no stamping of H1B took place in 2008, then can this be UTILIZED by any new employer/sponsor (under the 2008 quota) but with the validity starting from the date of stamping (e.g. 2016) and till subsequent years (as applicable). Can we say that this would be a case of stamping based upon PREVIOUS quota/approval and any new sponsor would NOT require to file a fresh H1B petition. So, only some MODIFICATION of the 2008 petition documents would required to be made by any new employer/sponsor.

    Answer

    Watch Video : Am I exempt from H-1 quota if visa was not stamped

    Video Transcript:

    Rightly or wrongly USCIS has been saying that if you are outside the USA and you do not get your visa stamped we do not consider you to be exempt from the quota. Chances are they are going to make you file for fresh quota. More

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Friday, June 24, 2016 - 05:32

    H-4 EAD Employer Change

    Question

    I have an approved I-140 with PD 2013. My wife works on H-4 EAD based on my I-140. If I join another company with my I-140(say I get H-1, my wife's H-4 and EAD for 3 years), Would it be fine if she continues to work on that EAD even if my I-140 gets revoked/withdrawn after H-1 approval.

    Answer

    USCIS has said if an I-140 is revoked, they reserve the right to revoke the H-4 EAD. So far, they have not been revoking.

    Monday, May 30, 2016 - 08:39

    Changing Jobs After I-140 Approval

    Question

    I have PERM approved and I-140 filed in regular processing by my current employer "A". I have got an opportunity from employer "B" and then told they will process my GC as fresh application. I have 17 months left on my H-1B visa.
    1. In pending approval of I-140. will I get the extension of 3 years from USCIS when employer "B" initiate the transfer ? OR Will I get the H-1B transfer extension till max out ?
    2. Is it recommendable to switch now in between of pending approval process of I-140?
    3. Will leaving in between of pending process impact me in future when employer "B" files my GC once again ?

    Answer

    Video URL

     

     

    Friday, May 27, 2016 - 05:27

    I-94 Given for Duration Shorter than Entitled

    Question

    On December 18th 2015 I came back to USA on H-4, at that time my old passport was expiring on September 19th 2015 so the Immigration Officer approved my I-94 until September 19. Later I applied for H-1 and it got approved on Feb 2nd 2016 and my H-1 is valid until Ending Validity Date: 12/19/18 with I-94 number in it. I renewed my passport now and I have validity until 2026.
    Question: Do I have to go for stamping again to extend my I-94 validity? Or since I got new I-94 with my H-1B is that good enough.

    Answer

    Watch Video: I-94 given for duration shorter than entitled

    Video Transcript: In this case there is one piece of information missing as in I do not know how long your I-94 was expired, how much is the difference between expiration of the old or the H-4/I-94 that was given to you during your last entry and the H-1 approval date beginning. So if that gap is more than 180 days you should consult with your lawyers or have a consultation with us if you like. But that needs to be evaluated very carefully because that has many ramifications. Remember errors made by CBP (Customs and Border Protection) can be corrected by just going back to the port or one of the many CBP offices all over the country. 

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Tuesday, April 19, 2016 - 04:48

    Name variation in diploma or degree, name change for immigration

    Question

    I have BSc., [Maths] – 3 yrs degree + MSc., [Computer Science] – 2 yrs degree in India Grade A Universities and 11 years exp in IT industry applied I-140 under EB2 category. Last week I got the RFE like below. I can provide my legal name change evidence. Please see the RFE description and labor certification details below. <br>
    "Is USCIS not certain that I have met the educational requirements of the labor certification position"? I can see only one statement that "USCIS is unable to determine if the beneficiary has met the educational requirements "Once I have documentation that NEW NAME and OLD NAME are the same person, will USCIS accept my educational documents?

    Answer

    Watch Video: Name variation in diploma or degree, name change for immigration


    Video TranscriptOne of the easiest way to remedy is to actually get a decree from the local court. You can just contact the local court system and tell them you want to do a change of name. They will typically give you some paper work to fill out and then you advertise in the newspaper and then you can show it to USCIS but of course then you have to take care of your passport, social security number. It is a little bit of a hassle but needs to be done. 


    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Tuesday, April 19, 2016 - 03:35

    Gap in Status

    Question

    A couple of questions on Gap in status:<br>

    1. I am on H-1B and my project/job is going to end on April 29,2016 (Friday). I have my H-4 approved effective May 2, 2016. I will get salary slip from 1 April to 30 April. Do I need to have salary slip for May 1, 2016 (which is a Sunday) to maintain H-1B/ legal status (considering that I won't be getting May 1 to May 31 salary slip).<br>

    2. I am currently on H-1B and have an approved H-4 Effective 15 July 2016. As part of my H-4 application (which I had filed along with my spouse extension) , I had requested USCIS to give me H-4 effective date of 13 May 2016 as my project was going to end on 13 May 2016. But, the request was not honoured and USCIS responded citing the reason "Since the beneficiary of the I-539 and I-765 will change status, we cannot give an earlier start date than what is shown on the I-129 approval notice." If my project ends on 13 May 2016 , should I leave the country as my H-4 effective start date is 15 July 2016 to maintain legal status ?

    Answer

    Watch Video: Gap in Status


    Video Transcript:

    Answer 1: These kinds of de minimis small gaps are sometimes  even a product of the way the government works. In your case I don't think it is going to be a problem. Technically yes even for one day being out of status the government can say you are out of status, but when they have already approved your status I don't think this is going to be a major issue. 

    Answer 2: I personally think it is still not a big issue because  if you got the H-4 already with an I-94 attached I doubt if the government is going to make an issue out of it. But you can do another thing. You can file a tourist visa to cover you for those two months but make sure it does not go beyond July 14. Other wise your status will be changed to B. So you could do a stop gap kind of arrangement or you could leave USA for a couple of months. But even if you stayed I doubt whether it is going to be an issue. 


    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Wednesday, April 6, 2016 - 02:04

    Does H-4 EAD have to be applied again if H-1 changes jobs?

    Question

    I am currently on H-1B(Valid till Sep 2018) with approved I-140 for Company A and spouse has H-4 EAD (valid till Sep 2018). My question is, if I switch my job to a company B. Can my spouse continue working with the current H-4 EAD (which is valid till sep 2018)?Will it cause any issue during next H-4/EAD extension?

    Answer

    Watch Video: Does H-4 EAD have to be applied again if H-1 changes jobs?

    Video Transcript: The answer is of course not. The only time you have to worry is if you fall out of status. As long as you are maintaining status every time you change jobs her H-4 and H-4 EAD is good until her H-4 and H-4 EAD is about to expire there is nothing else you got to do. She can continue working and she need not change H-4 every time you change H-1.

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Tuesday, April 5, 2016 - 02:37

    Travel while H-1 COS is pending

    Question

    My Spouse is on H-4 and has a Valid H-4 stamped till Jan 16 2017. I am planning to apply H-1 for my Spouse through an Employer this year. Is it advisable to travel to India while her H-1B is in Process? What will be the implications if she travels to India?

    Answer

    Watch Video: Travel while H-1 COS is pending

    Video Transcipt: Whenever you are on one status and you apply for another status, like from F-1 to H-1, from H-1 to H-4 or from tourist visa to student visa, anytime you have a situation where you are going from one status to another your application with the government has two requests implicitly contained in your application. One request is find me eligible for the status I am asking for. When I go from H-4 to H-1 I tell the government (USCIS) can you please hold me to be eligible to receive H-1 and if they say yes then you go on to the next step.

    Next step is actual change of status. So not only do I want to be held eligible for H-1, I want you to then change my status to H-1. So there are two applications within that one application when you file for going from one status to another. One is the determination and the other one is the change. When you travel outside USA generically speaking there can be exceptions. Generically and generally speaking your application for determination is not invalid but your change of status is invalid. So what does that do. Let's say I am on H-4 like the questionnaires wife is and they file for my H-1 change of status, I travel to India or Switzerland where ever I want to go and I come back. Government will give me my H-1 if it is approved, but they won't give me status change from H-4 to H-1. I am still on H-4, my H-1 is approved but only the determination has been issued that I am entitled to an H-1. Now I have two choices either I cannot apply for change of status from H-4 to H-1, because by traveling out I abandoned that part. I didn't abandon my determination request but I abandoned my change of status. The second option is to go to a consulate and get a visa stamping and come. So if she travels she has to do one of these two things when she comes back. She won't have to wait outside the USA if she doesn't want to. She can come back on H-4. 

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Tuesday, April 5, 2016 - 00:40

    H-1 entering USA when visa is about to expire

    Question

    My amendment has been filed by my company in Aug15 but not approved yet. Now I want to travel to India in month of April & get back in same month . after coming back H1B extension will be filed by company.
    My question is can they create any problem on my return since my visa is about to expire in June 2016 & amendment is not approved yet.

    Answer

    Watch Video: H-1 entering USA when visa is about to expire

    Video Transcript: You can enter the United States even if you have one day left on your visa. There could be questions as to how long you are going to stay, how are you going to stay, if the employer has already filed an extension and what is the process of filing the extension., and if these questions are answered brilliantly and completely you will not have a problem. Nevertheless you are allowed to enter the United States under the law even if you have one day remaining in the visa stamping.

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Thursday, March 3, 2016 - 06:12

    I-140 approved - H-1B renewal

    Question

    Using an existing approved I-140, can a H-1B be renewed any number of times, with new/multiple different employers, even without restarting any paperwork for GC with the new employer?

    Answer

    Yes, as long as the I-140 is not revoked.

    Thursday, March 3, 2016 - 06:04

    H-4 and EAD

    Question

    My wife has H-4 plus EAD. If my job details changes, will my wife's EAD will be affected?

    Answer

    As long as appropriate H-1 amendments are filed and you maintain status, the change in your job description has no effect on the H-4 EAD. 

    Tuesday, January 26, 2016 - 04:52

    Is percentage arrangement acceptable as salary (H-1 and PERM)

    Question

    The physician group I'm talking with are looking to hire me on to work alongside them, and they would not actually pay me a direct salary. I would bill insurance for each patient seen, and the practice would take a certain percentage and give me the rest. Would this be allowed? Or do I have to actually receive a salary from the future employer? My understanding is that as long as the potential employer can show the ability to pay the prevailing wage via a business income tax return, that is all that is needed. Whether or not I actually get paid and how much I get paid once the green card is approved, is irrelevant, correct?

    Answer

    First of all generally speaking, for H-1 and for green card your salary cannot include terms that are variable. So for instance if you get a yearly bonus, but the bonus changes from year to year you cannot include that as a part of your salary. Salary cannot include per diem. A lot of companies and a lot of employees get stuck with a lot of problems because per diem is set up as part of the salary. Per diem is not salary. Benefits are not salary. So all three of these items are big problems when you talk about H-1 and green card salaries. You cannot include benefits, You cannot include per diem and you cannot include variable amounts such as bonuses. if the bonus is guaranteed, in terms of the amount then you can include it otherwise but this is not salary.   

    But how about a percentage?... In PERM for sure you cannot have this arrangement because this is not a fixed amount. Green card is a job in the future and what if you have a different set up now and another set up when you actually get the green card, I think that's ok but the  problem is if you are in H-1 this actually offends H-1 as well.  


    Watch Video from Rajiv S. Khanna's conference call that addresses this issue


     


     Note: The answer is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

    Monday, January 11, 2016 - 07:23

    The Proposed I-140 EAD Rule - FAQ's

    Question

    Answer

    Question 1: Redo the PERM or just the I-140. If redoing the PERM again then what's new in this regulation? 

    Answer: After 180 days, you can extend H-1 even if 140 is withdrawn.

    Question 2: It seems that there is no easy provision for EAD/AP for approved 140 applicants. So is there any point in waiting for this rule or Should I consider Visa stamping is only option for traveling outside US? Please suggest as I waited for a year or long thought they are going to give AP.

    Answer: Your observation about EAD/AP is correct- no easier. I will be surprised if USCIS changes these proposed rules in any significant manner when they finalize.

    Question 3: If I have consumed my 6 years of H-1B and I have approved I-140. If I go to India and of some reason I got stuck in India. After a while I want some other employer to file my H-1B petition other then with approved I-140 employer. Do the new employer can apply for my new H1b cap exempt petition based on approved i-140 from my old employer. OR New H-1B petition from the new employer comes under H-1 cap count?

    Answer: You have raised two separate issues. One, the I-140 can be used to extend your H-1 through ANY employer, if it is not withdrawn within 180 days of approval. Two, you are exempt from H-1 cap if your H-1 was approved any time within the last 6 years.

    Question 4: Is there any provision for promotions internally within a company that filed the petition and the I-140 is approved more than 180 days previously?

    Answer: These regs will only clarify (I am not sure they really do that) what "same or similar" jobs are. That concept is crucial when your I-140 has been approved and I-485 has been pending 180 days. At that time, you can accept a same or similar job anywhere, including within the same company, and NOT have to start your green card all over again. That comes under the topic of AC21 portability.

    Question 5: Is direct portability of I-140 across multiple employers, ever possible. because I-140 is a property of the Employer and not the Employee (unlike 1-485) ?.Can we suggest any other creative options, of working around this legal hurdle. a. Can PERM be made portable across multiple employers. So employees donot have to go through the hassle of the PERM filing, repeatedly. This will save, almost 4 months of pre PERM filing effort and another 8-10 months of PERM processing window.

    b. Or, can the I 140 be made an Employee’s property after 180 days it is approved. If that can be done then portability of the same may be legally possible across different Employers

    Answer: The Priority date IS the "property" of the employee, NOT of the employer. So, an employee can port it to any job, anywhere, any number of times. But, I do not think they are excusing us from having to refile the PERM.

    Question 6: Does the 60 day grace period is accepted in this case; H-1 Ext filed before expiry of I-94, then Current H-1 and I-94 expired, then H-1 Ext denied. Can we use 60 day grace period for filing new H-1 with new employer? In what cases does this 10 day validity before and after petition dates is used. The 60-day grace period appears to apply only in those cases where an approved H-1 employment abruptly comes to an end. The proposed regs say, upto 60 days may be given: "on the basis of the cessation of the employment on which the alien’s classification was based".

    Answer: The 10 days allow you enter (but, not work) upto 10 days before the date your "validity period" (approval of petition) begins, and another 10 days to leave the USA (but, not work), after that period ends.

    Question 7: Emp A - I-140 Approved and Moved to Emp B. Got i-140 with Emp B and priority date retained. submitted Emp A Experience letter while fling PERM. Now I want to move to Emp C. Do I still need to get experience letter from Emp B? If I am not able to get experience letter from Emp B, Can Emp C file PERM. if so and filed new PERM and I-140 with Emp C, Can I still retain priority date even though if its not same or similar job?

    Answer: There are two fundamental principles that you need to apply to your case:

    1. Priority date transfer does NOT require that your jobs must be same or similar.

    2. Experience letters are NOT required for priority date transfer or retention. 

    Question 8: Now that it is clear that there is almost nothing much in the so called reform, how can the immigrant community represent themselves forcefully, while the public comment period is in place? I understand that each one of us can go and put our comments, but is your firm, or someone else, planning to represent us? For lack of proper words, these so called reforms are a piece of trash, and only done to pretend as if reforms are taking place. It could not be worse actually. 

    Answer: There is a limit on what USCIS can do without action from the Congress. You can certainly write your comments and several organizations will place their comments on the record as well. NORMALLY, USCIS does not change the rules much once they have been proposed. I think US immigration policy in "skilled" immigration is distressingly short-sighted. Our adopted country does not recognize the value brought in by us.

    Question 9: My I-140 already withdrawn/revoked after 180 days of initial approval date. Now after implements new rule, will it apply for my case to extend my H-1 beyond 6 years?

    Answer: I cannot say for sure whether USCIS intends to apply these rules retroactively. I hope they do. 

    Question 10: Can you comment on what date will this become effective ? Is it after the comment period is over?

    Answer: The effective date is unpredictable. Usually, it is a few months after the comments are over. 

    Question 11: I need to clarify regarding the I-140 EAD for H-4. If the principal applicant has I-140 approved but the priority date for that category and country in the visa bulletin is more than 10 years back, Can the dependents, such as H-4, apply for I-140 EAD without the documentation for compelling evidence? If no, what are the examples of compelling evidence?I think the regulation does very little incremental for the EB categories. As mentioned, it provides clarification rather than provide more flexibility to the household or family of EB categories. I am disappointed with the revisions that have been made.Also, the compelling evidence was not required till now. What happens to those H-4 EADs which were issued since USCIS started applications from May 27, 2015? How would those H-4 EADs which are approved on the basis of I-140 approval of principal applicant be dissolved?Also, if the spouse moves from H-4 to H-4 EAD. Can he/she move from H-4 EAD to H-1B or any other non-immigrant category? Does the form I-539 allows movement among all categories?

    Answer: H-4 EAD does NOT require compelling evidence. That is a different rule: http://www.immigration.com/blogs/form-i-140-form-i-765/h-4-ead-rule-cont...

    I-594 does allow movement between all categories. H-4 to H-1 is definitely no problem. I agree; I am not too thrilled with the regs. But there is a limit to what Pres. Obama can do, folks. 

    Tuesday, December 22, 2015 - 05:29

    H-1 status and FMLA

    Question

    My wife is on H-1B visa working for a consulting firm. We are expecting baby in Feb 2016. What could be the maximum allowed time period on FMLA. Can my wife continue on H-1 status without pay checks on FMLA period?

    Answer

    Video URL

     

    Thursday, December 10, 2015 - 15:21

    Pros and cons of H-4 EAD

    Question

    My wife is on H-1B and became aware of her project end dates. We are currently evaluating the options of H-4 EAD.

    Answer

    Video URL

     

    Wednesday, December 9, 2015 - 06:36

    New company filing H-1

    Question

    We have started a company recently and wanted to sponsor H-1B for experienced employees and place them with our clients. What is the criteria and can a new company sponsor H-1B?

    Answer

    See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

    https://youtu.be/H_VV9kV_lOg?t=530 

    FAQ Transcript:

    Answer is of course. I am yet to see a major negative effect just because the company is small. What is more important is that you have specific projects that are clearly defined and you can define how long the project is, what the project description is, what the relationship of the employee being placed is with their employer, which is the new company and usually that is done through a letter from the end client or very comprehensive work order or job order kind of thing. 

    So if you can prove those things, duration of the projects etc. then filing an H-1 is not an issue but if you do not yet have a clear project in mind I would strongly advice you not to file H-1’s, because there is a trend in criminal indictment these days when companies get criminally indicted, two things government is bringing up time and again. The government is bringing up the fact that company applied for H-1’s without the specific projects and two if they kept employees on the bench. 

    Wednesday, December 9, 2015 - 06:12

    Green card pending conversion to and from H-4 EAD – H-1; Filing green card while in F-1 status

    Question

    1) My wife is currently on H-1B. I am also on H-1B with approved I-140. My wife's employer is willing to Start GC process for her. I understand that GC is for future employment.<br>

    My wife is willing to Move to H-4 EAD. Say my wife's employer initiated her GC process when she is on H-1. Once the perm is filed by wife's employer, will she be able to convert from H-1 to H-4 EAD. Does this has any affect on her ongoing GC process. Is it safe for some one to changes status from H-4 to H-1 and H-1 to H-4 in between PERM and I-140 process.<br>

    2) My brother is on F-1 in OPT status. Can my brother's employer start GC process for him while he is on OPT. I have some knowledge of the complications involved in Starting GC process on F-1. The main reason behind this question is to reserve a spot for GC process. That way my brother can get a earliest priority date, his employer would start GC process 2 years down the road when he is on H-1B.
    <br>
    What is the safe route for some one like my brother to get a earliest priority. Do they have to wait till H-1B to get in to GC process Queue

    Answer

    See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

    https://youtu.be/H_VV9kV_lOg?t=65 

    FAQ Transcript: 

    This question has two sub sets, one is about an individual converting from H-1 to H-4 while they are processing their Green card and back to H-1 if necessary.

    Second question which is also a FAQ, whether a Green card can or should be filed while somebody is on F-1 status.

    For first part of question, wife is currently on H-1B, gentleman who posted this also on H-1B, I-140 is approved. Wife's employer is willing to start the Green card; wife is willing to move to H-4 EAD. So is that going to be interruptive of the Green card and the answer is No. The fact that she has moved from H-4 to H-4 EAD does not in any way interfere or interrupt her Green card process.

    If PERM is filed, can she convert H-1to H-4?

    She can convert H-1 to H-4 EAD anytime she wants. This has no effect on going process of Green card process and it is in my view reasonably safe. Of course there are pros and cons of both approaches, sometimes it makes more sense to stay on H-1 and sometimes it makes sense to go on H-4 EAD. Typically, I would say if you are I-140 is secured and your own status is secured, your job is pretty solid because remember her status is derivative of yours, if something goes wrong with your status it affects hers as well. Therefore, in my view its Ok to convert H-4 EAD if your job is pretty solid and your I-140 is not going anywhere. And if she wants to convert   back to H-1 that too is not a problem, so going from H-1 to H-4 EAD and H-4 to H-1 is quite permissible and she will not be subject to the Quota, except when more than 6 years passed from her H-1 status.

    So if she wants to convert back to H-1 within the 6 years of first approval, it is not a problem. She is not subject to the Quota.

    Second part of the posted question was can we not apply for Green card while we are still on F-1 status?

    First of all remember, filing for Green card is little deceptive, if you are filing for a PERM that's not really filing for Green card because in Immigration related forms the question asked is this, have you or has anybody in your behalf filed a Green card or an immigrant visa?

    Immigrant visa is form I-140, so if you filed a PERM and PERM is under process that is not a Green card, technically. So is that Ok to F-1? 

    I believe so, I don't see any problem in doing that. The problem if any begin is when I-140 is filed, because a F-1, unlike a H-1, H-4 or L-1 or L-2 is not a dual intent visa, it requires you to have non-immigrant intent and by filing the Green card which is I-140 actually you are exhibiting immigrant intent that means you have traveled outside USA on student visa, your stamping of the student visa or even your school transfers etc. could be affected if at any time the question of your immigrant intent comes up. So if you travel out and CBP officer at the airport notes that you have a Green card going and if they find out they could decline your entry, and that is something to worry about, other than that filing a Green card on F-1 is not forbidden. In fact, like you noted sometimes, it may have been recommended because it saves your time.  

    Thursday, November 19, 2015 - 07:19

    Physician filing green card

    Question

    1. I am a Canadian physician on an H-1B (never been on J-1) which expires June 30th, 2017. I am currently doing a 2 year fellowship. I'm contemplating pursuing the physician NIW process vs EB-2 through potential employer.
    For EB-2, my understanding is that I need to be eligible for a full-time physician position on the day the employer submits the ad. Since I won't complete my general residency until June 30th, 2016, my potential employer cannot begin recruitment until July 1, 2016, correct?<br>
    2. In your experience, is 1 year enough time to complete the EB-2 process?

    Answer

    See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

    https://youtu.be/H_VV9kV_lOg?t=1852

    FAQ Transcript:

    Answer 1. In this context we are talking about a PERM and not the NIW. Also remember NIW is under EB-2. Most physicians fall under the EB-2 category.  Here is how a PERM can be drafted. It depends on your employers, your lawyers and you and there is no requirement that you be fully licensed. Only that you are eligible for a license, or you are at a certain level of profession shall we say maturity or advancement so it could be possible to file for a PERM depending upon what the employers requirements are and  what the state rules for licensing are to file upon even before what you believe is your eligibility. Also remember rules for giving full license to residents differ from state to state. They are not the same in every state. So you have to look at the states in which you are going to start the PERM application.

    Note: Your eligibility for licensing does not have to be from when the date of recruitment begins. It has to be established the date the PERM is filed and typically recruitment can last a few months. Before that your eligibility must be perfect upon the date PERM is filed and not when the recruitment begins. 

    Answer 2.  It may or may not be, very difficult to say.


    Thursday, November 12, 2015 - 09:15

    H-1B Laid Off Issues

    Question

    I have been laid off by my current employer, with severance paycheck coming at regular pay intervals until mid January-2016. Finding a new employment is taking time. I am on H-1B which first started on October 01, 2013, latest I-797 valid until December 2017.
    1. How long do I legally have, before I become unauthorized to stay? What constitutes as unlawful presence?
    2. My I-94 admission validity is until October 2016; with no employment, does this mean anything?
    3. Before I transition into a new H-1B, can I travel outside and into the country, without a Change of Status? Can I use severance pay checks if asked, for entry purposes?
    4. Can I use my severance pay stubs as pay stubs when my next employer applies for new H-1B?
    5. I am hesitating to inform my next employer about my termination, thinking that this may impact my hiring decision or my ability to negotiate. But not indicating terminated employment, is it possible that my H1B transfer or new petition may be considered unethical?
    6. In your experience, how long does the USCIS take to update a revoked H-1B petition in their systems?
    7. If my new employer files for H-1B transfer before the update but with pay stubs older than 30 days, do I have to mandatory leave the country for new H-1B stamping before starting to work?
    8. If such is the case, is it best to change to a B-2 status and have my next employer apply for new H-1B? If yes, I would assume that I will be cap exempt until September 30, 2019 plus the days spent on B2; would this be a fair assumption.
    9. Can my employer continue to pay severance checks when I am on B-2 status?
    10. What happens if my new employer applies for H-1B transfer with severance paychecks, after USCIS has updated their records?
    11. In your experience, what gap in unemployment is generally ignored by USCIS when filing for new H-1B or transferring new H-1B?
    12. What other words of wisdom do you have for me?

    Answer

    Video URL

     

    Monday, November 9, 2015 - 04:01

    Investment property while on H-1 (Buying and renting out a house)

    Question

    I am on H-1B visa and in green card process (waiting for I-485 date to become current). I would like to know if I buy and rent houses on my own name (without forming an LLC) and actively manage the activities (finding a renter, maintenance etc) and make profit out of those rentals, then would it violate my status?

    Answer

    See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

    https://youtu.be/F0YZD8zWm88?t=694

    FAQ Transcript:

    First of all in my view on passive investment where you are just putting in money and have no control over what happens to the investment it is ok to do that on H-1.   So if you buy stock in IBM that’s OK because you don’t get to manage or run IBM just because you bought 200 dollars worth a stock. So passive investments were you don’t actually control the investment or the business activity they are ok for H-1.

    But when you buy and rent out a house I think that would be objectionable. I think that could be considered to be a violation of your status. What if you invested money in a small company like say a two person company when you own 100 percent  stock but you are not managing and somebody else is managing I think that would be ok (in fact closer to be ok). But the question, can you start your own IT company...well if you did in a partnership and if you were a passive investor and if you want to work for that company you would have to have a true employer-employee  relationship with the company. That means somebody should be able to file you and then a H-1 concurrent, H-1 for your own company. So the decision tree is:  Is my investment active or passive. If it is passive no problem I can invest even if  I am on H-1. If it is active I would have to do an H-1B for my own company and make sure I have an employee employer relationship.

    I am finding that government is very much more understanding or flexible when it comes to radical practices, dental practices, were you own your company but you have somebody who can fire you whether  it is board of directors or president where you could be fired as long as that is there having a company on H-1 is possible.

    Monday, October 26, 2015 - 05:04

    Correcting dates on I-94

    Question

    My current visa H-4 VISA is valid till Nov 25 2016.
    - I had applied for an change of status/extension of stay (I539) for H-4 status to July 4 2018 (through underlying H-1 extension).
    - I had to travel to India while it was pending. USCIS issued an I-797 - Approval for the extension of stay without abandoning it.
    - At the port of entry, the I-94 expiry was marked as Dec 25 2016.
    - The expiry date does not jive with the original VISA expiry date Nov 25, 2016 that was presented at the time of arrival. Nor does it reflect the I-539 extended date of July 4 2018 (that was not presented at port of entry).
    Please advise -
    a) What action would I required to correct I-94 expiry date? Who do I contact to correct it?
    b) I am filing for a I-485 adjustment as a spouse of EB-3, The forms require to put the status expiry date. Is it OK to use the more conservative Nov 25 2016 date even though I-539 has been erroneously approved till July 4 2018?

    Answer

    Video URL

    Monday, October 26, 2015 - 04:48

    For PERM is formal certificate required or completion of degree is enough

    Question

    1. I am on H-1B with my I-140 approved in EB-3 with priority date is Sep 2013. I have 12+ years experience in the field. I am getting an opportunity from a company. They are ready to start my green card process.
    I have just completed my master degree(MCA) from India. Waiting for my degree certificate, which would take a month or two.
    <br>2. Can my new employer do the H-1B transfer now based on my BSc degree (Computer Science) and once I get the master degree certificate, can they start the green card process in EB-2? Or do I need to wait for my master degree certificate before the H-1B transfer?

    Answer

    See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

    https://youtu.be/ZvUVIGTM-Kk?t=602


    FAQ Transcipt:

    That is not required. If you can get the school to give you a letter that says  you have finished all your degree requirements and you are waiting for  formal  confirmation of diploma or degree, that's good enough. But you can't be in a situation where you have taken the examination but results has not come yet, who knows you may not be able to pass.

    So, if you have completed all requirements that is research or credits, whatever it is. If you have done those and you are nearly waiting for formal certificate, that is no problem. You can go ahead as you have got your degree already.

    Regarding Question 2 the answer largely depends upon the lawyers. Have them review it. There could be potential legal issue. But if your degree requirements are completed and they induct you , employer inducts you or a job requires the masters degree or equivalent, you should be able to use that degree certificate when it comes or even started now. This is an issue which needs to be discussed with your lawyers in detail.

    Thursday, October 22, 2015 - 04:32

    Maternity leave on H-1, FMLA and status

    Question

    My wife is on H-1B visa and went on Maternity Leave (normal delivery) starting 8-Sep-2015 and will be completing 6 weeks of allowed vacation on 16-Oct-2015 (We have 6 Weeks letter from doctor). However, she would like to extend the leave till 15-Dec-2015 ( Total Duration 3 Months 10 Days) as we do not have the required support for the baby. Her Employer is willing to provide her with a leave/vacation letter and she can continue to work with the same employer post her vacation. Pay stubs ($0) will not be provided by the employer.<br>

    Also, we are trying to have the pediatrician provide a letter suggesting 4 months of leave but not sure if we can get the same or will it be helpful?
    <br>
    State - New Jersey<br>
    Visa Type - H-1B<br>

    Question 1 - Will a $0 pay stub from employer be helpful to keep her in status while on leave?<br>
    Question 2 - Will letter from pediatrician suggesting 4 months of leave be helpful to keep her in status while on leave?<br>
    Question 3 - Request you to suggest if she will be in valid status if she continues to be on leave till Dec-15 and have a vacation letter from the employer without pay stubs ?<br>

    We do have an option of moving her to H4 starting 30 Oct but would like to avoid the same.
    <br>
    If she changes her status to H-4, <br>
    Question 4 - Will her current employer have to file a new H1B or a simple COS from H-4-H-1B would be required once she is ready to work?<br>
    Question 5 - Can COS from H-4 to H-1B be filed in premium processing ? If not, what are the timeline for processing of the same.

    Answer

     See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

    https://youtu.be/ZvUVIGTM-Kk?t=2334

     

    FAQ Transcript:

     If you go to this website - http://www.dol.gov/whd/fmla/&nbsp;on Family and Medical Leave Act the website explains a lot to you that you can go 12 weeks easily and USCIS will honor that and they will still consider you to be in status. So even if you don’t get paid for that time and you don’t get a pay stub that’s fine. Now if there is a medical reason for eg: a pediatrician saying she needs to have x number of months of leave. I think she will be in status. We had a case were one of our friends had to be hospitalized for extended period of time and then she was out of work on H-1 for almost a year but we were able to convert her to H-4 because the government realized she was not out of work because she didn’t have a job it was because she had a medical necessity.

    As for the question if she changes her status to H4, and file premium processing, she is not subject to the quota if she changes into H-4. But the employer will have to file H-1B change of status which is almost like doing a new H-1.  Also COS from H-4 to H-1B be filed in premium processing can be done.

    Tuesday, October 20, 2015 - 09:05

    Changing employers - what immigration documents should I keep

    Question

    Currently on my H-1B post 6-year based on approval of PERM and I 140 under EB - 2. Would be In the process of switching jobs for some personal / professional reasons very soon.<br>

    1) What documents would I need to have with myself - corresponding to PERM and I-140 - so that I can retain my priority date and start another green card process with a potential new employer ?
    <br>
    2) For the documents above - would I need to have the originals or the photocopies ?

    Answer

    See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

    https://youtu.be/ZvUVIGTM-Kk?t=1937

    FAQ Transcript:

    I think it is always a smart idea to have a complete copy of your file so that you know what has been filed on your behalf. If you can’t do that at the very least have copies of all your approval notices and at least a copy of your labor certification if you have filed the PERM. Copy of H-1 approval, copy of I-140 approval and copy of your PERM. That is what I would recommend.

    Tuesday, October 20, 2015 - 08:19

    Travel while H-1 extension pending – change in I-94 number

    Question

    I had applied for H-1B extension on May 15, 2015 with I-94 card expiring on Aug 29,2015. Due to some emergency, I traveled to India in June and returned in July with new I-94 card expiring on Nov 2015. Now, it's been 6 months that I applied for extension, no response from USCIS. Will there be any problem since I filed my H-1B extension with old I-94. Do we need to amend my case with new I-94 card?

    Answer

    See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

    https://youtu.be/ZvUVIGTM-Kk?t=1245

    FAQ Transcript:

    If you file for your H-1extension you are allowed to travel. You are allowed to travel even when your H-1 transfer is pending. A few things to keep in mind when you do - is are you maintaining status etc etc., but travel while transfer or extension of  H-1 is pending is allowed. The question is when you come back your I-94 changes and that is not a problem. That should not cause any delay and I don't see any need for any amendment. The fact that your H-1 is taking so long is most probably not related to this issue. But if you want you can double check with the USCIS customer service. I always advice that. 

    Thursday, October 15, 2015 - 03:51

    H4 - EAD validation if H-1B holder moved to another company

    Question

    I have a question on EAD validity for the below scenario. <p>
    H-1B holder got I140 with Employer A and applied EAD for H-4. H-4 is valid until MM-DD-YYYY 10-29-2018. Now H-1B holder moved to Another Employer B, then at this point he doesn't have Approved I-140. Will EAD which received using Employer A valid until MM-DD-YYYY 10-29-2018? I knew for renewal of current EAD after 10-29-2018, we need approved I-140, but not sure exiting EAD is valid until 10-29-2018 if H-1B holder moved to Employer B.

    Answer

    USCIS has said that revocation of I-140 does not automatically invalidate an approved H-4 EAD, but they reserve the right to revoke such an EAD.

    Monday, October 5, 2015 - 08:01

    H-4 visa extension approved. Can I travel now?

    Question

    My H-4 visa extension has been approved, I mean the USCIS has sent me an approval notice with the I-94 record card. Now it clearly says, this is not a visa. What do I need to do in order to travel to India, do I have to go to a US consulate here, to get a visa stamped in my passport, because in order to travel through Europe we need a valid US Visa or travel through Dubai , which doesn't require any visa, and then get stamped in the US consulate while coming back? I am confused and do not know what is the next step after approval notice. By the way my spouse H-1B visa was also extended while in US by the Employer. But, my spouse hasn't gone out for visa stamping yet, will this effect my visa stamping?

    Answer

    When you travel abroad, in order to return to the USA, you must first obtain a visa stamp from a US consulate in (any) country that you are visiting. Check the consulate web site to make an appointment and what documents you should bring for H-4 visa stamping. H-1B visa stamp is usually not a precondition to H-4 visa. 

    Wednesday, August 5, 2015 - 06:29

    H-1B Employee, telecommuting/working from home

    Question

    I entered US on Jan 2011 on F-1 Visa, completed my Masters and am now working for a reputed US organization since May 2012(OPT start date: May 2012, H-1B start date:Oct 2012. H-1B till: Oct 2017). My work does not require me to go to office, so I work from Home. Now I am planning to visit India next year and get my Visa stamped.<br>
    My Questions are<br>
    1. Can telecommuting job cause any issue during Visa stamping? I heard someone was asked "if you can work from home, why can’t you work from India?” The organization I am working for has offices in India.<br>
    2. Do I need any extra evidence to prove that I am telecommuting, therefore not within commuting distance from my office?<br>
    3. I am married. Would you suggest going alone to India for Visa stamping and in case of rejection comeback on H-4 or will it be good to go as a family. My husband is also on H-1B

    Answer

    See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.   

    https://youtu.be/tSRYmjhoEzA?t=437 

    FAQ Transcript:

    1. The answer is it can. When you have a telecommuting job in most cases what we do is we actually get an LCA for that location. I think that is the proper method to do things. So make sure you have LCA for your home location. You can always come back on H-4 if the H-1 is denied and your husband does not have to go with you. It is not necessary to go as a family but the option of coming back on H-4 is always there. 

    2. We always get LCA for home location. So if your employers have not obtained LCA for you I think they might need to do an H-1B amendment depending upon the facts of your case. So before you go for visa stamping it would be a good idea to discuss it with your lawyers. In my view the safest thing is to have an LCA and that location specifically approved under the H-1 process.

    Tuesday, July 21, 2015 - 10:35

    H-4 Visa Delay

    Question

    I am currently on H-1B visa and I applied for my spouse, H-4 visa (Dallas Texas service center) on They received it on March 4th and Receipt Date March 6th. Now 4.5 months completed. I heard that usually visa processing time is 3 months, but no idea what happened. Like to know what are my options available to expedite it, due to this we could not visit India.

    Answer

    Open a Service Request by calling USCIS customer service. By the way, you do NOT need an H-4 approval from USCIS to obtain a visa. In this respect, H-4 is different from H-1.

    Tuesday, July 21, 2015 - 10:32

    H-4 Visa Approval

    Question

    I received my H-1 approval & other documents yesterday. I am worried because the I-129 document I received yesterday states no dependents are filed with my petition (Page 4, Part 4). I had sent all my spouse details/ marriage certificate etc. while attaching supporting documents in March. What is the process for H4 visa approval as my spouse would be accompanying me.

    Answer

    H-4 visas do NOT require a USCIS approval for a spouse who is going to the consulate for visa stamping.

    Tuesday, July 7, 2015 - 06:32

    H-1 employer not paying

    Question

    My employer did not run my payroll. He told me that we are going to get the project money after 2 months from client. Can I do something for that? If they do not run payroll can it create any problem?

    Answer

    See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

    https://youtu.be/PreNUXXW9KU?t=696

    FAQ Transcript 

    The employer will be in a lot of trouble. The law is employers cannot bench or reduce the salaries of the employees just because they are in between projects. They are required to pay the full salary. If they don’t you can file a complaint with the Wage and Hour Division (United States Department of Labor) within a year when the wages were not paid. The form is WH-4. Once you file the complaint, Department of Labor investigates it. You have to do nothing. It does not involve any expense at your part for H-1 holders.  Department of Labor will recover the money and will get the cheques that are due. Secondly if the employer has the practice of doing this in a routine basis then the company can be in a lot of trouble. Please do not get involved in a situation where the employer runs the payroll and you return the cash to them. If that is the situation anybody invites you to that is a party to a fraud. Fraud and misrepresentation can result in criminal prosecution and also can result in a permanent bar from entering the United States.

    Monday, June 29, 2015 - 08:33

    Simultaneous filing of H-1 amendment and extension

    Question

    Below are questions I have on the H-1B Amendment and H-1B transfer being filed almost at the same time with little gap with USCIS for the same person. The H-1B Amendment is in light of the new H-1B regulation that has been mandated by USCIS when there is a significant change in the Job Location of the beneficiary from the address mentioned in the initial Petition from the employer which was approved initially.<p>
    1. Does the USCIS Last action rule apply in case of the below 2 being applied almost at the same time for the same beneficiary?<br>
    a) H-1B Amendment with Current Employer<br>
    b) H-1B Transfer to New employer while H1B Amendment is pending with Current Employer.<br>
    2. If the answer for the above is 'Yes', then incase the H-1B Amendment Approval comes after the H-1B Transfer would the H-1B transfer to the new employer that was approved earlier be automatically nullified?<br>
    3. If the answer for #2 above is 'Yes' Is there any way to request USCIS to consider the H-1B Transfer approval to new employer as the primary incase that get approved earlier and avoid the H-1B amendment to dictate the latest H-1B for a given employer? (I believe we can request USCIS to withdraw/cancel the Amendment but is this something that the new employer/employee can do or only the existing employer who was filed for H-1B amendment has the authority to request any cancellation/withdrawal of the H-1B amendment?)<br>
    4. Also does the current suspension of H-1B premium processing apply even for the H-1B transfers (with a new extension for 3 Years) or is it only for new H-1B extensions of Petitions from the current employer?

    Answer

    See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

    https://youtu.be/PreNUXXW9KU

    FAQ Transcript: 

    Filing for two benefits for eg: H-4 and F-2 or F-1 or even H-1 becomes problamatic when there is a change of status involved. So if you are applying for two different statuses at the same time that becomes problematic. If on the other hand your status is H-1 - the same status one is in the amendment mode, the other one is in the extension mode I don’t see it as a problem. Whether your amendment gets done first or your extension gets done later or the other way round I do not see how that makes a difference as long as your statuses is being maintained.  I do not see any problem with having simultaneous filing of H-1 amendment and extension. There is no question of the application of the last action rule really doesn’t matter. If the amendment comes before the extension or transfer comes before the extension it is your choice you can stick with the same employer and join the new employer later when the approval comes. Last action rule has little bearing on this. 

    Regarding question four what the government has said is we will not do premium processing where you request an extension whether the extension is with the same employer or with a new employer. So extension cases will not be processed in premium processing until the government says otherwise.

    Tuesday, June 2, 2015 - 10:07

    H-4 EAD filing based upon I-140

    Question

    My husband got his I-140 approved from his previous employer. Then he changed his employer and has filed his LC which has NOT been approved yet. His previous employer has WITHDRAWN the I-140.He is in his 11th year of H-1. Couple of questions.<br>
    1) Can I file for H-4 EAD?<br>
    2) My husband currently has no I-140 approved. While checking my application, will they look into his application and cause any issues to his present H-1 extension?

    Answer

    See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

    https://youtu.be/8N82R3qAiJo?t=569

    FAQ Transcript:

    Did he get his H-1 approval for one year or three years? If he got it for one year then you might be still able to get H-4 EAD filed. But if he got a three year approval or more than one year approval based upon the I-140 rather than the perm application you may not qualify and in fact the government has said if you are basing your H-4 EAD filing upon the I-140 then the I-140 is withdrawn you are no longer eligible to file the application and somebody asked a question what if my EAD is approved then the I-140 is withdrawn the government has said even then we reserve the right to revoke your H-4. So you cannot file unless you qualify under one of the two grounds. I-140 or one year extension based upon labor certification.

    Tuesday, June 2, 2015 - 08:54

    Can I travel while my H-4 EAD is pending?

    Question

    First of all thank you for all your blogs and videos on immigration. They are very informative and knowledgeable. I follow your views and suggestions on all my immigration work. I also recommend your suggestions to lot of my friends and colleagues. I appreciate your help towards the community.<br>
    I have a situation:<br>
    I am in my 3rd year of my H-1B status, my I-140 is approved and need to file for my spouse H-4EAD on May 26, but she needs to travel to India for family reasons in August this year.<br>
    Questions:<br>
    1) Will that be a Ok for her to travel to India while her H-4 EAD petition is pending?<br>
    2) How long will the petition will take to come to a decision (~estimate)?<br>
    3) What happens if her H-4 EAD petition gets approved and she is in India? Does she have to go to the US Embassy again?<br>
    4) (Being positive but need to think the other sides of a same coin) what happens if her H-4 EAD petition gets denied? Will she be able to retain her H-4 status? Will she able to enter US without any issues?<br>
    5) What would you suggest? Will that be ok for her to visit (or) to wait till the decision is made on her H-4 EAD petition?

    Answer

    See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

    https://youtu.be/8N82R3qAiJo?t=123

    FAQ Transcript:

    Answer 1. There are two possible situations. If you are already in H-4 status USCIS says you can travel, of course you will need a visa to enter. And if you’re I-765, EAD is approved while you are outside USA no problem but we advice is not to travel is because this can cause you delay. The reason they give for delays is what if they issue an RFE. That is not a problem if you have a lawyer or somebody else helping you they can take care of the RFE or the notice of intent to deny. Or if they schedule you for fingerprinting etc., in an application support center you can always be informed and you can come back. So it looks like if you are already in H-4 status traveling while the I-765 is pending is not a problem. However if you are applying for  H-4  status the old law was and still remains if you travel when your change of status application is pending then you are out of luck. Your application is deemed to be abandoned and they will also deny the I-765.

    Answer 2. There can be no estimate. What the government has said is if you file for H-4 and EAD at the same time we have by regulations 90 days to adjudicate the I-765 but we will begin the time to run until the H-4 is decided. That’s probably the approach they will take. 

    Answer 3. That’s not a problem. Visa has nothing to do with the H-4 EAD. She need not go to the embassy.

     Answer 4. Absolutely. If the H-4 for some reason is violated or denied EAD has no way of existing. The status can stand by itself or the visa can stand by itself and the EAD denial does not affect it.  

    Answer 5. I think it is ok to travel. It is up to you if you can avoid travel avoid it by all means if you must travel go ahead and travel.

    Tuesday, May 26, 2015 - 21:09

    In which country must I apply for a US visa?

    Question

    My name is Harendra having H-1B and an Indian national , I want to file H-4 for my wife who is a Srilankan national with Srilankan passport , living in India legally with my parents after marriage for the past three months. Can she apply her H-4 from India or she needs to go back to her native country to apply ?
    Is there any rule for spouse applying visa from primary applicant's country of residence?

    Answer

    See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

    https://youtu.be/3Heaadpk1Ik?t=396

    FAQ Transcript:

    Answer is yes. This is the requirement for visa stamping from US. If you want to apply for a US visa, you can actually go to pretty much any country. They are not obliged in that country to take your application but you should. US Consulates don't turn people away no matter you are from which country. They can if they can't verify degrees, for example H-1 visas or they can't verify your family ties in case of tourist and student visas. They can ask you to go to your home country. But there is no harm in asking for an apply. As of right where do you have right to apply, where do you live on the long term basis. Let’s say you are on student visa in Australia, you have right to apply for the US visa from the Australia, in the US Consulate in Australia . Or where you are a citizen, if you are resident in one place and citizen of other you can apply from both places, that's your right.   

    Everything else is called third country national processing TCM. In TCM  almost always Consulate will entertain your application but they may not be able to verify your degrees or your family ties, F-1 visa, H-1 visa, tourist visa this become problematic but you can certainly try.  There is no harm in trying. The only time TCM does not work when you are out of status. If you are out of status even for one day, under the law TCM option is taken away, Third country nationals will not be entertained unless you are in extra ordinary circumstances. In practice, however I have seen Consulates don't really make a big deal of out of status; of course unlawful presence is other thing.

    So for you Harendra there is absolutely no doubt your wife who is Srilankan citizen but living in India with your parents legally can apply for a visa to the United States, H-4 visa from India. 

    Tuesday, May 26, 2015 - 20:59

    Requirements for Extension of H-1 beyond 6 years

    Question

    I am looking for opportunities using the remainder option of my H-1B. I have a year and half remaining out of six years.

    Now, most of the companies do not want to start the GC process immediately; they want to start after 6-12 months.
    I have the following two questions:
    1. What stage do I need to reach on my GC process when the remaining time on H-1B ends.
    2. If my company doesn't want to start GC process immediately, can I begin this on my own using my personal fund?

    Answer

    See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

     https://youtu.be/3Heaadpk1Ik?t=273

    FAQ Transcript:

    There are only two ways to extend your H-1B beyond six years. One is that you have I-140 approved. So PERM is approved, your  I-140 is approved   and if you are an EB-1 person then your I-140 is approved (NIW EB-1). So if your I-140 is approved, we don't care when your Green Card started, whether its PERM based or direct filing of EB-1, you are entitled to your H-1 extension.

    The other method is your PERM was filed a year ago or your I-140 and NIW.  In the case of first anniversary you will be entitled to 1 year H-1 extension, in case of I-140 approval you will be entitled to 3 year H-1 extension

     

    Thursday, May 7, 2015 - 08:07

    H-4 EAD - Documents needed; name issues; processing times, etc.

    Question

    Q1. Among the documents needed for filing H-4, what are the ones we really need to make sure, we have them. I mean few like Date of Birth Certificate from Indian Municipal/Registration office..... is that needed even for H-4 EAD. What if the name on the Birth Certificate from Registration office is different from name on Passport? What should be done here? Any other documents etc. we need to be careful about and should be working to get ready now. (Education certificates and marriage certificate etc. we already have)
    Q2. Would it again be first come -first served in terms of filing H-4 EAD? I mean people who file on May 26-27 --would their applications be processed earlier than the ones who file little later.
    Q3. Approximately how much time it’s expected for EAD to arrive, everything going well
    Q4. One last question, if I happen to change my employer at this time, and if my GC process is re-initiated would my wife be still eligible for filing H-4 EAD or NOT ( in a situation if old employer revokes I-140 )

    Answer

     
    Video URL

    Wednesday, May 6, 2015 - 03:47

    H-4 EAD - Converting from H-1 to H-4 EAD - good idea or not?

    Question

    My I-140 was approved on Sept 2011. I came to US on 2008 beginning on L-1 visa and then my employer converted to H-1 visa. On February'15 I got an extension on my H-1 visa based on I-140 approval but I didn't get it for 3 years from Feb'15 rather I got it till Nov'16 (about 1 year 10 months). I am thinking to join another company now. What should I consider before I transfer my H-1 to employer B from employer A on my situation? My wife is on H-1 and it’s valid till 2018. I am also thinking my wife to apply H-4 EAD rather continuing on H-1. Is that going to be a better option?

    Answer

    See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

    https://youtu.be/y6RtaKhuoIY

    FAQ Transcript:

    I would say that I think you should hold off. Don’t give up H-1 to go to H-4 EAD. There are couple of issues here. We don’t really know how far the government is going to go into investigating these cases - are they going to go to details of the H-1 status, if not it could be a simple matter to get H-4 EAD. If they start getting into status issues we could be looking at a protracted battle over the EAD issues.

    People who are thinking of going to H-1 to H-4 EAD I would suggest hold off for a couple of months and let’s see how the government is dealing with the EADs and if they are asking for too much information you may not want to convert from H-1 to H-4 EAD.   

    Saturday, May 2, 2015 - 11:44

    Exempt from the H-1B Quota

    Question

    I got my H-1B petition approved last year, it got extended as well. I have never used any of these visas to work in the U.S. though I have travelled few times to U.S. but on B-1 visa for meetings with the customers. So the question is when do I become exempt from the H-1 quota?

    Answer

    In your situation when you are outside the USA, you become  exempt from the H-1 quota  when you get your visa stamped. So I think USCIS interpretation of law is faulty and  incorrect, because in my view as soon as H-1 is approved you should be exempt from the quota but USCIS has taken the position that unless you get the visa stamped from the consulate we will not consider you exempt if you are outside the USA. So it appears to me that  you should be exempt from the quota.

    Saturday, May 2, 2015 - 11:24

    H-4 EAD Filing

    Question

    My spouse is on H-1 visa and his former employer filed I-140 and then my spouse changed his employment to another employer and transferred his H-1, the I-140 has not been revoked by former employer. So my H-4 is with the former employer valid for three years, and current employer for my spouse has not filed H-1 for me. Is the H-4 from the former employer valid for file EAD or do I have to apply for H-4 again and what would be the documents that would I need to file H-4 EAD ?

    Answer

    Every time the H-1 holder changes  job, the H-4 holder does not need to re -apply for H-4. Your H-4 is good.  You don't have to have different H-4 for the employer. Of course,  every time the H-1 holders change their job they have apply for new H-1 but as long as you never violated status and H-1  holder has  never violated status that H-4 continued to be good from job to job to job, you are good.

    Your  second question was what document need to file H-4 EAD?

    Answer is we don't  know yet. When the instructions for the new form I- 765 come out along with the form I-765 they will tell you exactly what you need to submit . I suspect probably marriage certificate along with evidence of  couple of last  pay stubs of your husband's, copy of H-1 receipt and a copy of your H-4 receipt or approval or visa stamped. That typically they should be looking for. But I don't have any basis for saying, this is just my guess.

    Thursday, April 23, 2015 - 05:13

    H-4 EAD COS pending; File green card while on H-4

    Question

    1. Can I apply for H-4-EAD on May 26 2015 even if my H-4 COS is still pending ? Or I will have to wait till it get approved ?<br>
    2. My employer already filed my PERM and they are OK to come back with them on H-4 EAD. Can I apply for I-140 after H-4 EAD is approved ?
    Is it ok if I will stay on H-4 EAD to continue processing of my GC ?

    Answer

    See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

    https://youtu.be/3Heaadpk1Ik?t=809

    FAQ Transcript:

    1. You can apply while your status is pending. but in my opinion an EAD can be applied on or after May 26th even if change of status to H-1 is pending.  

    2. Yes there is no law that stops you from applying a green card. you can start your green card , continue your green card or even finalize your green card while you are on your H-4. 

    Thursday, April 16, 2015 - 10:15

    H-1 Receiving Payments for Past Work/Bonus (1099)

    Question

    I worked for ABC Company for last 3 years. They extended my H-1B at the end of 3rd year. But during my 4th year (this year) I changed my employer and updated my H-1B too. At the same year, ABC Company was sold to another company. ABC Company decided to give bonus to its current and formal employees. I got a bonus

    check from ABC Company. Since, I was not on their payroll they issued me a 1099

    misc form for tax purposes for this tax year. My understanding is H-1B employee

    can file only W-2 form with current employee. If I file my tax with this 1099 misc

    form from ABC Company? Am I violating the H-1B rules?

    Answer

    See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 


    FAQ Transcript:
    I don't see any problem. The reason being, that payment even though they are paying you after you left the company is not the violation of your status. It is reflective of the amount already earned.  While you have H-1 with these folks you earned these amounts. Now, 1099 usually a bad idea but in your circumstances I don't see it as problem. Usually you can only do W-2 but in this particular case I am not quite sure how USCIS is going to look at it. What questions  they are going to ask you.
     
    But I can tell you this  in the ultimate analysis  after you have responded and made clear that , the money given as part of a bonus which  was earned  by you , you had a H-1 with that company . So it's not a new work. I don't think you will have any problem. So, legally you are in good position.

    Wednesday, April 1, 2015 - 05:30

    H-4 EAD Rule FAQ's

    Question

    1. Is there any time frame within which H-4 should have job offer after getting H-4 EAD?

    2. Why is an adjustment of status I-539 needed? What status is being adjusted (H-4 to H-4?)? I get the other form for application of EAD. What if someone is on F-1? Could they file I-539 (To go from F-1 to H-1?) and I-765 concurrently?

    3. I am currently on OPT ( from F-1- visa) and it ends in Dec. My husband on H-1B and I-140 to be approved 2009 PD in "ABC" company and he moved "XYZ" company .The XYZ company process my new I-140
    Do we have any clarity on the F-1/OPT to H-4 EAD process? Should I move to H-4 and then apply for EAD ?

    4. I know there is no clear picture that there will be a change in law for all candidates with I-140 approved can register for I-485, so that they can get EAD/AP. If that really happens, there is no use of this H-4 EAD regulation anymore it is just obsolete, any person with approved I-140 can apply for I-485. The H-4 EAD process took one calendar year from starting to beginning for approval which will become a waste of process, effort, wait time, expenses for the Government. If it really happens, it is a miracle or my guess is they might keep a condition that the person should be waiting at least 3-4-5 years with a approved I-140.
    My question is it that easy task for USCIS/GOVT/EO just amend the process for I-485 pre registering ?
    5. Can H-4 EAD can do business ?
    6. I am in USA on H1B and running my 5th year. but recently I have got H1 extension from USCIS to 7th year. (This is because my labor is pending with DOL now for more than 1 year). So based on these conditions, is my spouse eligible for EAD?. Can your firm help me in filing the EAD for my spouse?

    7. a. After the H-4 EAD, if the candidate is not willing to work or doesn't have a job and visited India, does she have to go for visa stamping while coming back?
    b. Can she enter on approval EAD (without working) if she doesn't have H-4 visa stamped?

    8. 1. I am planning to apply for H-4 EAD for my wife, what happens to her EAD if I change my current employer maintaining my H-1B status?
    2. My wife has found a job which can apply for her H-1B, can we file for her H-4 EAD before actually knowing if her application is selected in lottery process? (In short have both H1B application and EAD application open at same time)

    9. I am on H-1 B and my husband on H-4 working in India. Can I apply H-4 EAD while he is in India or he has to come here before applying?

    10. a. If my H-1B petition is not selected in lottery, I will apply for H-4 COS and EAD simultaneously. Is it advisable to apply for H-4 COS/EAD on my own or through my wife's employer?
    b. While my H-4 COS/EAD petitions are under USCIS’ review, can my ongoing STEM extended OPT EAD be further extended (under cap-gap extension policy or similar) to allow me continue working after 9-June-2015 (the day my OPT EAD expires) till I receive the decision on H-4 work authorization petition?
    c. If YES, how long is this ‘grace period’ for OPT cap-gap extension?
    - If NOT, will I be considered out of status (and have to leave USA) during the time period between the day my OPT EAD expires and H-4 EAD is approved/effective (assuming a positive outcome)?

    Answer

    1. Is there any time frame within which H-4 should have job offer after getting H-4 EAD?

    Answer: The H-4 EAD, like the EAD under AOS/I-485 is an opportunity, not an obligation. You can choose to get get an EAD and then not work at all. The EAD remains valid.

     

    2. Why is an adjustment of status I-539 needed? What status is being adjusted (H-4 to H-4?)? I get the other form for application of EAD. What if someone is on F-1? Could they file I-539 (To go from F-1 to H-1?) and I-765 concurrently? 

    Answer: I-539, change of status has to be filed only if the derivative spouse is in a status other than H-4. If your spouse is already in H-4 status, you will file the I-765 only. If they are in a status other than H-4, such as F-1, you will file for change of status to H-4 using I-539 and you can concurrently file the I-765.

     

    3. I am currently on OPT (from -F1- visa) and it ends in Dec. My husband on H-1B and I-140 to be approved 2009 PD in "ABC" company and he moved "XYZ" company .The XYZ company process my new I-140 Do we have any clarity on the F-1/OPT to H-4 EAD process? Should I move to H-4 and then apply for EAD?

    Answer: I think we have plenty of clarity at this time. You can apply concurrently for H-4 COS and EAD on or after 26 May. You can also apply for H-4 COS now and EAD later. 

     

    4. I know there is no clear picture that there will be a change in law for all candidates with I-140 approved can register for I-485, so that they can get EAD/AP. If that really happens, there is no use of this H-4 EAD regulation anymore it is just obsolete, any person with approved I-140 can apply for I-485. The H-4 EAD process took one calendar year from starting to beginning for approval which will become a waste of process, effort, wait time, expenses for the Government. If it really happens, it is a miracle or my guess is they might keep a condition that the person should be waiting at least 3-4-5 years with a approved I-140. My question is it that easy task for USCIS/GOVT/EO just amend the process for I-485 pre registering ? 

    Answer: Good points. But H-4 EAD will still be good for people with no I-140 who are in 7th plus year H-1 extension. As to whether or not this is an easy task, depends upon whether they do it by memo (real easy) or regulation (time consuming). 

     

    5. Can H-4 EAD can do business ?

    Answer: H-4 EAD holders CAN do business.

     

    6. I am in USA on H1B and running my 5th year. But recently I have got H1 extension from USCIS to 7th year. (This is because my labor is pending with DOL now for more than 1 year). So based on these conditions, is my spouse eligible for EAD?. Can your firm help me in filing the EAD for my spouse? 

    Answer: Since you have received extension beyond 6 years of your H-1, I see no problem in your spouse obtaining her EAD.

    As to whether we can represent you, is more problematic.  Since we do not know the depth to which USCIS will examine the supporting documentation that goes with the H-4 EAD petition, we have no good way to decide what to charge. For instance, if USCIS starts asking questions about the status of H-1 holder, it could involve hours of our time.  But if they do not, it would be just a simple filing.  There is no fair method to assess the issues that can be raised.  One of the options you have is to file the Form I-765 with supporting documentation yourself, and then retain us only if an RFE is issued.  That way, in reviewing the RFE, we can assess how much work is needed and charge accordingly.

     

    7. a. After the H-4 EAD, if the candidate is not willing to work or doesn't have a job and visited India, does she have to go for visa stamping while coming back? 

    b. Can she enter on approval EAD (without working) if she doesn't have H-4 visa stamped? 

    Answer: a. In my view it is no, she does not need to go  for visa stamping if she already has a visa. Not working after getting her  EAD is  her right. Therefore, it is not a violation of her H-4 status if she decides not to work, work part time, or own a business, etc.

    b. No. She will need a visa. The H-4 EAD does not operate like an Advance Parole.

     

    8. 1. I am planning to apply for H-4 EAD for my wife, what happens to her EAD if I change my current employer maintaining my H-1B status? 

    2. My wife has found a job which can apply for her H-1B, can we file for her H-4 EAD before actually knowing if her application is selected in lottery process? (In short have both H1B application and EAD application open at same time)

    Answer: 1. I see no issue with changing employers as long as your eligibility is otherwise maintained (status/I-140 etc.)

    2. Yes you can. I have discussed this in the video on my blog.

     

    9. I am on H-1 B and my husband on H-4 working in India. Can I apply H-4 EAD while he is in India or he has to come here before applying?

    Answer: USCIS's position is that casual trips that are brief are permitted. If your husband leaves for a long time, you are not permitted to stay in the USA.

     

    10. a. If my H-1B petition is not selected in lottery, I will apply for H-4 COS and EAD simultaneously.  Is it advisable to apply for H-4 COS/EAD on my own or through my wife's employer?

    b. While my H-4 COS/EAD petitions are under USCIS’ review, can my ongoing STEM extended OPT EAD be further extended (under cap-gap extension policy or similar) to allow me continue working after 9-June-2015 (the day my OPT EAD expires) till I receive the decision on H-4 work authorization petition?

    c. If YES, how long is this ‘grace period’ for OPT cap-gap extension? If NOT, will I be considered out of status (and have to leave USA) during the time period between the day my OPT EAD expires and H-4 EAD is approved/effective (assuming a positive outcome)?

    Answer: a. I see no reason why you must seek the help of your wife's employers.

    b. You will not get any new rights other than an H-4 EAD. 

    c. A timely filed H-4 petition will give you the right to stay in the USA awaiting outcome.

    Monday, March 30, 2015 - 00:12

    Considerations for AC21 job portability

    Question

    My I-485 (based on EB-1) is pending more than 180 days. If I decide to change jobs under AC 21 rule -<br>
    (1) Does the new job description should be same as by definition of EB-1 or should it match my current job description based on which I applied for GC in EB-1B?<br>
    (2) Do you advise to change using EAD or transferring H-1B? <br>
    (3) Based on your experience, will you advise to change jobs under AC 21 or stay in the present job until GC is approved?

    Answer

    See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

    https://youtu.be/GtOqgqgEG6I?t=242

    FAQ Transcript

    Very important issue is Job portability. Today the way it works is an AC 21 portability was basically enacted by Congress back in October 2000 under a law called American Competitiveness in the 21st Century Act, the kind of abbreviation or acronym for AC21. What does it mean? If you’re I-140 is approved and your I-485 is pending whether it was filed with the I-140 or after I-140 approval. If it has been pending 180 days, you may change employers to any same or similar job anywhere in the United States and you will not have to do your Green Card again. So basically you can port your job over as long as it is same or similar. Tricky problem, what is same or similar? No one knows. If you are a software engineer and you remain as software engineer in the next job then same or similar. If you are a software engineer and you become IT manager in next job then not sure same or similar job.

    This is where Obama steps in and he says look I will make it clear for the record that natural progression in a job does not take away from being a job same or similar that's the first thing President Obama wants to do and hopefully they will implement really quickly. So, natural progression is considered to be same or similar. Second thing President Obama wants to do is to let you file I-485 without the priority date becoming current. So that means you will earn a right for AC-21 almost a year- year and half, two years into your Green Card process which is very good. Right now if you are India born or China born you could have to wait minimum years to earn that right. So that's in a nut shell what AC-21 is.

    Further down somebody was asking a question today: Do we have to inform USCIS?

    Interesting thing is that there really is no formal process for implementing in AC-21 transfer over, job portability. Basically, you are not required to file a letter but we usually have employees, people, individual in that situation, file a letter and inform USCIS. Because USCIS is prone to making mistakes, sometimes if the old employer revokes your I-140, if you are an AC-21 eligible individual it does not make any difference if the employer revokes the I-140 as long as you cross the 180 days deadline. Even if they revoke you are entitled to AC-21. But the problem is USCIS sometimes is not aware of the new laws especially the less trained officers. They could revoke your I-485 and send you notice. Next thing is you are running around and trying to solve this problem and if the AC-21 is revoked you are immediately unlawfully present, you cannot work and work is debatable. Let’s just say you are unlawfully present, it’s just a whole lot of mess that should be avoided and that's why I also advice people to keep their H-1 active. So AC-21 letter should be sent.

    Another question asked is should I hire a lawyer?

    Please do not do this yourself, many things I OK with people doing by themselves you may be ok and you may be get through it. But this is not worth taking chance as downside is too terrible so get a lawyer don't do it by yourself.

    Now the question before me

    My I-485 (based on EB-1B) is pending more than 180 days. If I decide to change jobs under AC 21 rule -

    1. Does the new job description be same as by definition of Eb-1B or should it match my current job description based on which I applied for GC in EB-1B?

    Answer:  Current job description. If you are trying to take advantage of EB-1 portability or AC-21 portability your job description should be same or similar in relation to job description is already being filed.

    2. Do you advise to change using EAD or transferring H1-B?

    Answer:  I told you H-1 is better; keep your H-1B alive.

    3. Based on your experience, will you advise to change jobs under AC 21 or stay in the present job until GC is approved?

    Answer:  Yes if you have good opportunity. We have done thousands of AC-21 in last few years and we never had an issue as long as job is same or similar you should be fine.

     

     

     

    Monday, March 16, 2015 - 11:32

    Green card through two employers and future employer

    Question

    I am in a very difficult/complex situation, the situation is as below:<br>
    Have been on H-1 for 3 + 3 + 3 + 1 years (last 4 years extended based on approved I140). Have approved I-140 with priority date of June 2010 in EB-2 category. H-1 extension was denied last year hence had to leave employer A, now I am on H-4 and will be soon filing H-1 with employer B. I have following questions on which I am requesting your opinion. <br><br>

    Q1. When my priority date becomes current and if I am still with employer B, can employer A still file my I-485 and that way I can then get the EAD and join him on EAD? :<br>
    Q2. Further, do I have to be working with employer A on an active H-1 visa to be eligible to file EAD when my priority date becomes current? :<br>
    Q3. If question 1 approach works, can I then continue to work with employer B and employer A can process my green card in parallel. :<br>
    Q4. What are the risks in working for employer B when my I140 is with employer A. Note that employer A is willing to preserve my I-140 and process green card eventually without me working for him, because he is unable to find me any projects? :<br>
    Q5. I do plan to file for a new GC with employer B but worry is the priority date is likely to become current before I complete GC process with B. :<br>
    Q6. Do I need to be with employer A for my wife to apply H-4 EAD based on my I-140 with A (note that currently I am with employer B).

    Answer

    See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

    https://www.youtube.com/watch?v=baprYGs8IzQ&t=893 

     

    FAQ Transcript

    Answer to Q1. In other words you have the intention to join both of them but you haven’t chosen yet and I think that’s quite OK as long as that intention remains and the employer’s intention remains to hire you at the present date or future date you can file a green card or even an I- 485 that’s perfectly permissible. Actually you don’t have to join them on EAD you can join them after the green card is approved as long as you have the intention to join them the green card can go forward. 

    Answer to Q2. No you do not. 

    Answer to Q 3. The answer is yes 

    Answer to Q 4. The problem is USCIS can always question this arrangement from a common sense perspective. This type of situation has not been questioned very frequently. In my entire twenty plus years of practice of immigration law I have had only one instance out of Chicago where this issue was raised and questioned. We get a kick back from USCIS saying well you know if he wants to work permanently for this employer why is he working for the other one why did he leave and we had a very good answer. In fact being paranoid we had prepared for that and made sure we knew what the reason was and it was genuine. This company was specialized in JD Edwards ERP and JD Edwards had lost a lot of market share so the individual in question the green card employee was a senior technical person and he went to get experience in other types of ERP. He looked at SAP and he was doing work in oracle finances and applications. He was learning all these technologies and the idea was he would be able to bring it back to the employer and they would be able to expand their ERP offerings and we were able to get that green card approved without any problem. So even though he was working for another employer the prior employer got his green card approved and once the green card was approved he joined. By the way under AC21 once the I-485 has been pending 180 days you can file an AC21 without joining the prior employer. The intent to join has to remain active in your own mind till 180 days or I-485 pendency has passed.

    Answer to Q 5. I think that’s OK. 

    Answer to Q 6. No because the government has made it clear we just want one active I-140 we don’t care which employer it has been approved with.

    Tuesday, March 10, 2015 - 09:03

    How Does H-1 Visa Quota System Work?

    Question

    I am an Indian and have been living in London for the last 6 years and currently in the process of getting British Citizenship, which I am hoping to get by April and subsequently British Passport by June. I work for a leading international bank in London.<br>

    My girlfriend is currently doing Masters in Illinois, USA, so, I am looking to move to US, but understand the H-1B visa is a bit complicated.
    <br>
    My question is, how does the quota system work for H-1-B visa and when does the new quota start, and what's the best period to apply for one? So, If I am looking to move there in October 2015, when do I have to get an employer to apply for H-1B for me (provided an employer agrees to sponsor me)? or, is there a particularly good time to apply for H-1B visa?
    <br>
    Also, is it easier to get the visa if I am there physically in the US or it doesn't matter?

    Answer

    See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

    https://www.youtube.com/watch?v=baprYGs8IzQ&t=138

    FAQ Transcript:

    Well you don’t have any time to lose. Apply right away. The way it works is your H-1 application must reach the USCIS on April 1st no earlier and usually no later. Sometimes they give us three to four days but normally April 1st is the day the quota opens and that’s pretty much the quota closes as well and there are usually more applications received by the government than they have visas almost two to one ratio maybe more sometimes and then there is a lottery held and if you get selected in the lottery then your H-1B gets approved. You go for a visa stamping and you can enter USA no earlier than 10 days before October 1st when your H-1B visa period starts.

    What is this thing about October 1st?

    The US government fiscal year begins on October 1st so all the quotas including green card and H-1’s they get reset on October 1st.  H-1 you can apply six months ahead of the start date  which is April 1st  so that’s why you file on April 1st  and you begin working on October 1st  but you can enter USA ten days ahead of October 1st.

    Tuesday, February 17, 2015 - 01:57

    When do I become exempt from H-1 quota

    Question

    I got my H-1B petition approved in 2008 and again got it extended in 2008 unto Jan 2011. Now, I have never used both these visa's to work in US. Though, I have traveled few times to US but on B-1 visa for meetings with customer. Today, one of my friend told me that I am eligible for cap exempt H-1B application if I get job in US. Also, what will be the processing time for this cap exempt H-1B. Can this be done in premium processing in 15 days ?

    Answer

    See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

    https://www.youtube.com/watch?v=xv_vI7O0d4U#t=518

    FAQ Transcript: