H-4 Visa

Feb 18, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

Substantial transcription for video

Topics: H-1B holder owning illegal stocks || B-2 visa extensions or alternatives in domestic abuse situations facing parent in home country || Merger effect on priority dates if EB-2 to EB-3 downgrade rejection and H-1 transfer || H-4 to F-1 change of status and aging out || Different I-94 expiration date on I-797A || I-485 downgrading from EB-2 to EB-3 || EAD-AC21-Self Porting || Name variation issue for immigration and Instructions for the 2021 Diversity immigrant visa program || Issues when priority date for EB-2 is getting closer to cut off || Plans after PD becomes current and responding to RFE based on EB-2 India I-485 adjustment of status || Questions regarding L-1A visa extension or renewal expiration while GC pending || EAD and AP Renewal under Category (c)(9) - Receipt notice delays || I-140, EB-2 NIW visa approved: Estimate time taken for an interview

Jan 21, 2021 Recording of Free Community Conference Call (Every Other Thursday)

Substantial transcription for video

FAQs:

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)

Other Topics :

Maintaining green card status outside the USA during the COVID-19 pandemic || Filed for I-485, EAD, AP along with EB-2 to EB-3 I-140 downgrade and maintaining H-1B status after getting EAD || Receiving green card in a few months on the EB-1C/L-1A route and consequences of changing jobs or leaving job immediately after green card approval || H-1 Visa Laid-Off repercussions, F-1 pending - 60 day grace period || Investing in real estate property, stocks and day trading in the USA with an LLC || Employer not willing to file I-824 to support filing Adjustment of Status (AoS) || Currently on J-1 visa and PERM application is in process: Type of waiver, if needed, to present for same-sex spouse who is on J-2 || H-4 to F-1 and biometrics appointment schedule || H-1B Cap exempt and spouse on H-4 EAD seeking a job || Unemployed on H-4, filed I-485 AOS as a Principal Applicant with Supplement J || How to ensure application in process and get A#. || Spouse currently studying on H-4, applying for her F-1 Visa. Both I-140s approved. Will not going on an H-4 EAD create issues? || Applying for citizenship for Parents with green card and continuous residence issues || F-1 visa expires while waiting for marriage-based green card.

H-1B portability without a visa stamp

Question details

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?

FAQ Transcript





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.

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

Question details

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.

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. 

FAQ Transcript





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.

Covid-19/Coronavirus applying for B-2 status

Question details

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?

FAQ Transcript





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.

Nov 14, 2019 Recording of Free Community Conference Call (Every Other Thursday)

Immigration Law

Substantial transcription for video

Discussion Topics, Thursday,  November 14, 2019

FAQs: 

Can H-1B lay off 60 days grace period be taken only once or can it be taken multiple times?

If one H1-B extension is filed and pending, can transfer to a new employer be filed? Is this safe?

If I move to H4 and my H4 is pending for approval, can an H-1B be filed? Is this safe ? 

Procedure and time to get a green card for the spouse of a green card holder

Can we apply 2 H-1B transfers while my extension with same employer is in process with different client?  If the extension is denied, will other two transfers will be denied?

AC21 portability before 180 days 

OTHER:  I have my I-140 approved and it has been over 6 months. If I change my job, do I need to go through the entire I-140 process again? || Withdrawing N400 || TN visa derivative for boyfriend || Naturalization, absence of 6 months || Using old H-4 visa stamp || L-1 amendment || EAD delays || F-1 visa stamping || Receipt lost

Sept 19, 2019 Recording of Free Community Conference Call (Every Other Thursday)

Immigration Law

Substantial transcription for video

Discussion Topics, Thursday, 19 September, 2019

FAQ: Effect of H-1B approval on H-4 EAD || Travel during H-1B amendment and using old employer's visa stamp || For how many years is the H-1B quota exemption valid? || Can a GC pending EAD holder move locations?|| Should I maintain my H-1B after filing I-485 Adjustment of Status || Nonimmigrant visa for a partner in an unmarried gay couple || Impact of multiple pending H-1B

OTHER: Multiple H-1 and H-4 pending || H-1B holder and F-1 holder getting married|| Consequences of simultaneously two H-1B approvals || Impact on green card if working for two employers || Impact of withdrawing LCA || Cross chargeability spouse not present at I-485 interview || Expediting EAD || Working a US job from Canada remotely || Can an employer refuse to produce tax returns? etc.