General Nonimmigrant Visa

Guestbook Entry for Pam M, United States

Name
Pam M
Country
United States
State
Virginia
Comment

I have known about Rajivji since last 25 years when his team had helped me with h1 and green card of mine and lots of my friends and relatives too. We were very happy and impressed then and I had always recommended his name when I came across any immigration help that others I knew had needed. I have been working for a start up as an HR for past few years and the employer needed help with filing H1 for one of his very crucial employee. The employer decided to hire a local attorney in CA and unfortunately, the H1 filed by them got denied. I then recommended Mr. Rajiv Khanna and his team as I knew only he could get the H1 approved for this employee. As expected, my employer and I both agreed Rajivji is the best immigration attorney we have ever dealt with.

Initially, the employer had hired an attorney who we felt that she did not do a thorough job of filing the employee's h1 and hence his visa got denied (the RFE response did not provide the details which were needed).

On my recommendation, my employer then decided to take Rajivji's help. Right from the first meeting, my employer, employee and I feel we have gotten an excellent service from the whole team. We are truly grateful for the detailed work that was done for the H1 which was approved once filed by the team - without any RFE. We thought the whole process was done with due diligence and very professionally - lot of efforts and time were put in and I could see all that in lot of back and forth that was done. The team made was always available to answer any questions (silly as well) and also was very punctual and prompt in doing so. The final file that was prepared was shared with us and we were very impressed with the contents and details of the file, how professionally it was put together. Rajivji would come on calls to ensure everything including even any grammatical mistakes etc. The overall experience we had was the BEST and we cannot be more grateful than this - I thank Rajivji and his team from the bottom of my heart for helping us out and for navigating us through in such crisis mode. We went back for the h1 extension recently and yes that got done smoothly too, it has been absolute pleasure to work with them, to be honest, I actually miss working with them, I even commented in my last meeting with them, that I hope my employer hires many more employees on H1 and that I get a chance to work with the team again and again, and I mean that.

We plan to go back to them for the GC soon because we know, there is no other better team than this, and we are very grateful to have known of them - Thank you Rajivji and the team - Looking forward to working with you soon!

USCIS Reaches Fiscal Year 2024 H-1B Cap

USCIS has received a sufficient number of petitions needed to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year (FY) 2024. 

USCIS will send non-selection notices to registrants through their online accounts over the next few days. When USCIS finishes sending these non-selection notifications, the status for properly submitted registrations that USCIS did not select for the FY 2024 H-1B numerical allocations will show: 

H-1B visa transfer before arrival into the USA

Question details

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?

 

Video URL
FAQ Transcript

Yes, you can transfer your H-1B visa from employer A to employer B even if you have the visa stamped with employer A and haven't entered the US. Pay stubs are not mandatory for this transfer, and you can travel on the old visa stamp with the new employer's H-1B approval. However, it's advisable to consult with H-1B lawyers before traveling. Ensure you obtain the H-1B approval from the new employer before entering the U.S.

 

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

Question details

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.?

 

Video URL
FAQ Transcript

If you have been through the lottery once, you're exempt for the next 6 years. You can go back and resume H-1B without worrying about the lottery. H-1B eligibility is based on your qualifications and job requirements, irrespective of your specific job role.

 

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

Question details

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.

 

Video URL
FAQ Transcript

If your salaries are consistently paid, you can work outside the U.S. without any issue. This time spent abroad doesn't count toward the six-year H-1B limit. There's no legal limit on the number of days for remote work. Your fully remote status is supported by the LCA designating your home as your workplace. If you've been outside the U.S. since September 23rd and have specific concerns, please see an immigration lawyer’s assistance.

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

Immigration Law

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: