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F-1 COS RFE; No ties with home country; 6 Years of H-1 over

16 years ago By Rajiv S. Khanna

Last week we received an approval for a difficult change of status RFE.  We were retained to respond to an RFE for a client who had no ties to his home country (India).  Six years of his H-1 were over and he was trying to get into F-1 status.  He had been working and studying in Europe before coming to USA on H-1.  We presented the facts of our client's background with complete honesty and sincerity.  No games (which is the way all our cases are presented).  I am glad to report that as has always been my belief, truthful presentation works.

Team Notes
Rohit

Nonimmigrant Visas

Recording for March 06, 2025, Conference Call with Rajiv S. Khanna

11 months ago By Chief Editor

Immigration.com

Nonimmigrant Visas

Green Card

FAQs: Should I maintain my H-1B during I-485/AOS pendency? || H-1B and I-140: Moving to India & Future Return to the U.S .|| H-1B working remotely from India

H-1B working remotely from India

11 months ago By Chief Editor
Question details

I received my H-1B visa in September 2022 and worked at my company’s Scottsdale, Arizona office until March 2024. Since then, I have been working remotely from India for the same company and role. My H-1B visa is set to expire in September 2025.

I have a few questions regarding the extension process:

1. Does my employer need me physically in the U.S. to apply for my H1B extension?

2. If yes, what alternatives are available for my employer to apply while I am abroad?

3. Given that my visa expires in September 2025, when should I start the extension process at the latest?

 

FAQ Transcript

No, your employer does not need you to be physically in the U.S. to apply for your H-1B extension. You can start the extension process up to six months before your H-1B expires, which means you can apply as early as March 2024 for a September 2025 expiration.

 

Nov 10, 2023, Rajiv in QnA session on behalf of students, young professionals

2 years ago By Chief Editor

Immigration.com

Nonimmigrant Visas

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Recording for November 16, 2023 Conference Call with Rajiv S. Khanna

2 years ago By Chief Editor

Nonimmigrant Visas

Immigration Law

Green Card

FAQ’s:

  • Working outside the United States on H-1B visa and the implications for remote employees
  • Handling a temporary break on the H-1B visa: Transitioning from work to school and back

Other:

Recording for November 30 2023, Conference Call with Rajiv S. Khanna

2 years ago By Chief Editor

Nonimmigrant Visas

Green Card

FAQs: H-1B visa transfer before arrival into the USA|| Employee paying for green card and H-1B premium costs || Using an old H-1B visa stamp of a different employer

USCIS Updates Policy Guidance for International Students

2 years ago By Chief Editor

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance regarding the F and M student nonimmigrant classifications, including the agency’s role in adjudicating applications for employment authorization, change of status, extension of stay, and reinstatement of status for these students and their dependents in the United States.

STEM OPT Employed with Startups - A Special Case

2 years ago By Rajiv S. Khanna

For international students on an F-1 visa in the United States, the STEM OPT extension program provides an opportunity to gain valuable work experience after graduation while extending their stay in the US for a chance of an H-1B lottery win. Concomitantly, the program is invaluable for US employers in facilitating access to well-qualified workers, most with graduate degrees.

Recording for January 4, 2024 Conference Call with Rajiv S. Khanna

2 years ago By Chief Editor

Nonimmigrant Visas

Green Card

Discussion Topics, Thursday, January 04, 2024

FAQ: Holding two full-time IT jobs on H-4 EAD || Transitions From H-1B job loss to B-2 status and impact on future H-1B employment || NIW Criteria || H-1B laid off: grace period, last employment date, health insurance, and legal stay during change of employer

Recording for January 18, 2024 Conference Call with Rajiv S. Khanna

2 years ago By Chief Editor

Nonimmigrant Visas

Green Card

Discussion Topics:

FAQ: H-1B lay off 60 days grace, options including B-1/B-2, approved I-140, Severance pay || Optimizing H-4 EAD options and bundling premium processing for H-1B and H-4 extensions || Implications of visa fraud by an employer on H-1B, L-1, green card, citizenship || Advantages of a National Interest Waiver, transitioning to EB-1, entrepreneurship, and H-4 employment for spouse

USCIS Updates Guidance on Untimely Filed Extension of Stay and Change of Status Requests

2 years ago By Chief Editor

Release Date 

01/24/2024

U.S. Citizenship and Immigration Services today announced an update to its Policy Manual providing that USCIS, in discretion and under certain conditions, may excuse a nonimmigrant’s failure to timely file an extension of stay or change of status request if the delay was due to extraordinary circumstances beyond the control of the applicant or petitioner.

USCIS Fact Sheet on Relief for Haitian F-1 Students

15 years ago By Editor

DHS Offers Temporary Employment Authorization to Certain Haitian F-1 Students Affected By the January 12, 2010 Earthquake 

The Department of Homeland Security (DHS) is suspending certain requirements for employment authorization for Haitian F-1 nonimmigrant students experiencing severe economic hardship as a direct result of the January 12, 2010 earthquake in Haiti.

Why is DHS taking this action?

USCIS Implements H-1B and L-1 Fee Increase According to P.L. 111-230

15 years ago By Editor

Introduction

On August 13, 2010, President Obama signed Public Law 111-230, which contains provisions to increase certain H-1B and L-1 petition fees.  The following Questions and Answers provide public guidance concerning the additional fees.

Questions and Answers

Q1. What is Public Law 111-230? 
A1. Signed by President Obama on August 13, 2010, Public Law 111-230 requires the submission of an additional fee of $2,000 for certain H-1B petitions and $2,250 for certain L-1A and L-1B petitions.

Recording for January 05, 2023 Conference Call with Rajiv S. Khanna

3 years ago By Chief Editor

Nonimmigrant Visas

Green Card

Discussion Topics

FAQ: Effect of typos on immigration documents || Concerns about EB-1C Green Card Portability || Who is required to pay for an EB-1C Green Card? || Can too many parking tickets affect Green Card or Citizenship process? ||

USCIS Announces Final Phase of Premium Processing Expansion for EB-1 and EB-2 Form I-140 Petitions and Future Expansion for F-1 Students Seeking OPT and Certain Student and Exchange Visitors

3 years ago By Chief Editor

Release Date 

01/12/2023

U.S. Citizenship and Immigration Services is implementing the final phase of the premium processing expansion for Form I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 classifications.

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