H-1 Visa

Exploring Other Options During H-1 Transition

Submitted by Chief Editor on

As my husband's H-1 expires, we are moving back to India around August/September. I am exploring options to quit my job (also on H1) in the last 2-3 months, but since this is a short period, I'm looking for the most convenient and economical transition. Can you please advise: - Convert to H4: What is the expense incurred and how much in advance would I have to apply for this? - I have a tourist visa that is valid till 2016- can I take advantage of this? - Is there a grace period after leaving a job here (giving up your H1) that I can take advantage of if I time it properly?

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

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Fresh H-1B After 6 Years

Submitted by Chief Editor on

I possess a US Master's Degree in Computer Science and also worked in the US for 7 yrs, 6 of them on H-1 which expired on May 31, 2012. I have since been in India and will complete 12 months of physical presence outside the US in early June 2013. I do have an employer ready to petition on my behalf on April 1st but could you please help shed some light on: 1. Given my past H-1 stay in US, am I subject to either cap of 65,000 or 20,000? If neither, can petition be filed anytime of year after 4/1? Since 12 mos. of physical stay in India will complete in June, can petition be filed on April 1st? 2. Does 12 month rule of physical stay outside the US apply if my current employer were to petition an L-1?

1. You will be subject to quota and USCIS will not accept the filing until one year is over.

2. Being outside for one year does give a fresh start on the L-1 times as well. And, L-1 are not subject to quota.

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

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USCIS Announcement Regarding Premium Processing for H-1B Cap-Subject Petitions

Submitted by Editor on

The filing period for H-1B petitions subject to the fiscal year (FY) 2014 numerical cap begins on April 1, 2013. USCIS anticipates that it may receive more than 65,000 cap-subject H-1B petitions and more than 20,000 petitions filed on behalf of individuals with a U.S. master’s degree or higher between April 1, 2013, and April 5, 2013. This could be the first time since April 2008 that the H-1B cap will require a lottery. 

Agency: 
USCIS
Nonimmigrant Visas: 
H-1 Visa

USCIS to Accept H-1B Petitions for Fiscal Year 2014 on April 1, 2013

Submitted by Chief Editor on

U.S. Citizenship and Immigration Services (USCIS) announced today that it will begin accepting H-1B petitions subject to the Fiscal Year (FY) 2014 cap on Monday, April 1, 2013. Cases will be considered accepted on the date that USCIS receives a properly filed petition for which the correct fee has been submitted; not the date that the petition is postmarked.

Agency: 
USCIS
Nonimmigrant Visas: 
H-1 Visa

Guestbook Entry for raju penmetsa, United States

Name: 
raju penmetsa
State: 
WA
Profession/Occupation: 
Computer and IT Professionals
Nonimmigrant Visas: 
H-1 Visa
H-1B2
Immigration.com: 
Community Conference Calls
Green Card: 
Advance Parole
Country: 
United States
Email: 
Contact person by email
Comment: 
It is so nice to keep in contact with attorney Rajiv S. Khanna and his Law Farm. I really appreciate there kind help regarding my immigration related problems. Thank you Mr Khanna and Mrs. Leslie for all your help.
Post date: Feb 27th 2013

Guestbook Entry for Varun Parti , United States

Name: 
Varun Parti
State: 
VA
Profession/Occupation: 
Hospitality Professionals
Nonimmigrant Visas: 
H-1 Visa
Immigration.com: 
Community Conference Calls
Green Card: 
Employment Based Green Cards
Country: 
United States
Email: 
Contact person by email
Comment: 
Hi, It was an immense pleasure and fortune to have sought advice from Rajiv Sir and I am looking forward to transfer my case to them for conversion of my category from EB3 To EB2. Mr.Rajiv has definitely got a sound base of knowledge combined with skills realted to immigration issues.I am so hopeful and optimistic about my case as I know I will be in right & trusted hands.Thanks for your sincere advice.
Post date: Feb 14th 2013

Bonsai Nursery/Facility Manager H-1 Approved Following RFE

Submitted by Chief Editor on

We filed an H-1 application for a Bonsai Nursery/Facility Manager. USCIS issued a Request for Evidence (RFE) challenging whether or not a specific Bachelor’s level education is required for this position. We filed a detailed response, with voluminous evidence the specialized nature of the job. We urged USCIS to consider the merits of the job description and what it would take to perform the job. We argued job titles alone are not dispositive of the nature of a job.

USCIS approved the application.

Immigration Law : 
RFE
Nonimmigrant Visas: 
H-1 Visa

Guestbook Entry for John C, United States

Name: 
John C
Profession/Occupation: 
Computer and IT Professionals
Nonimmigrant Visas: 
H-1 Visa
Glossary: 
I-140
Green Card: 
EB3 Green Card
State: 
TX
Country: 
United States
Comment: 

Law Offices of Rajiv S. Khanna, is one of "THE BEST LAW FIRMS" to work on your immigration issues. My case was very complicated and attorney worked very diligently in resolving my case and getting I-140 Approved and also H1B case. The attorneys and paralegals are very easy to get to and respond to your needs immediately. This is essential for your case to be "Successful". I especially appreciated your attention to detail and prompt responses from "Rajiv" and Heather working on my case. They are very knowledgeable, creative and well determined and excellent quality of work and well documenting the process towards success. I have no words to say much how I am thankful to Rajiv.  I would highly recommend Rajiv to anyone who required help with immigration related issues. "AWESOME!"

Post date: Jan 28th 2013

Guestbook Entry for Venu Perla, United States

Name: 
Venu Perla
State: 
Colorado
Nonimmigrant Visas: 
H-1 Visa
Green Card: 
General Green Card
Profession/Occupation: 
Scientists and Researchers
Country: 
United States
Email: 
Contact person by email
Comment: 
I have contacted Rajiv Khannaji for his advice on green card. He is knowledgeable and his suggestions are helpful to me while taking decisions on my visa. I strongly recommend immigration.com for any visa related issues.  Thanks, VP
Post date: Jan 23rd 2013

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