Frequently Asked Questions - H-1 Visa
- Maternity Leave and Pay Stubs
- I-140 Withdrawal vs NOIR in AC21 Context
- Grace Period - Using Tourist Visa After Quitting A Job
- OPT to H-1B
- Government Shutdown – Impact on Immigration Matters
- H-1 Transfer
- H-1B Amendment
- H-1 to H-4
- Request to Upgrade to Premium Processing
- H-1 Transfer and Stamping
- H-1B Quota and the "Reminder Option"
- B-1 in Lieu of H-1
- Receipt Notice for H-1B Petition
- Filing H-1B Quota Cases Next Year
- Applying for Spouse after H-1B Approval
- Sufficient Evidence of an Employer-Employee Relationship
- Filing H-1B Petition while Passport Expires in Six Months
- Change of Visa From H-1B to F-2
- H-1 After Marriage to a U.S. Immigrant
- Validation Instrument for Business Enterprises (VIBE) System
- Tracking H-1B Petition During Quota
- Exploring Other Options During H-1 Transition
- Fresh H-1B After 6 Years
- Evaluation Required for Non-U.S. Education Credentials
- Export Control Regulations
- Form I-129 and Denial of Petition Based on License
- Form I-129 and Copy of the Export Control License
- H-4 Dependent Visa
- Maintaining H-1B Status While Changing Employers
- H-1B Transfer from Cap-Exempt Employment to Cap Employment
- Timely Filing of H-1B Extension
- H-4 to H-1 status
- Performing services in more than one work location
- H-1 Concurrent Employment
- Adjustment of Status from H-4 to H-1
- Subject to the Quota
- H-1 and Out of Status
- Petition to extend H-1B Visa
- Employer Sponsoring for H-1 Visa
- Traveling outside USA while H-1B petition pending
- H-1B petition and Quota
- 2014 H-1B Quota
- Time Frame for H-1B petition
- H-4 TO H-1B
- H-1B petition returned to USCIS
- Change of status from L-2 to H-4
- Visa Stamp
- Options for H-1 extension
- H-1 transfer during pending extension
- J-2 to TN
- H-1B to B-2
- Working Visa
- H-1B transfer when 221g pending
- OPT - H4 - H1
- Business in the US, on H1B visa
- Concurrent H-1B
- H-1B after CPT
- PERM Audit and H-1 Expired
- H-1B Stamping
- H-1 Extension
- H1-B Visa Transfer
- H1B interview travel cost reimbursement
- Marriage in India or in US
- Employer/Employee Relationship while H1B transfer
- H1B renewal
- H-4 visa to H-1B
- There is a limiation of 100 H-1B2 visas
- Employer change in 6th year before I-140
- H-1 extension while PERM pending
- When to file for 7th year extension (Timing)?
- H1B-H4-H1B
- H1B layoff, H1B transfer-RFE raised, New H1B approved
- H-1b visa stamping in Toronto
- PERM and H-1 extension
- H4 to H-1
- When is the starting date to work on H-1B?
- H1B extension for pending labor
- H1B Visa
- H1 6th Yr - Labor Approved - NO I-140
- Filing H1B
- RFE H-1 without a client letter
- US employee working from India
- New H-1 employee returning -- rights and issues
- When is an H visa stamping required?
- Effect of Bankruptcy on immigration
- H-1 visa stamping -- is it difficult?
- H-1 Quota Status
- USCIS is continuing to accept H-1 filings
- Are H-1 holders being turned back at the airport?
- H-1 Lottery for 2009
- When does CIS investigate fraud?
- H-1 Compliance: Wage Source; Exempt Employees; Posting; Starting Payroll; SSN; When to amend
- H-1 Quota - what is acceptable evidence for degree
- Delay litigation/Mandamus
- Loss of H-1B Job and Opting for B-2 Visa
- Supplement J timing and joining previous Employer
- Priority date and original I-140 approval notice
- Changing Status During a Pending Application - Authorized Period of Stay
- Change of Status on an H-1B Approved for Consular Processing
- Unstamped H-1B Quota Exemption
- Owning or Doing Business on H-1B
- Unemployment Benefits While On B-2
- H-1B portability without a visa stamp
- Changing jobs while I-140 pending and change in job title
- Deadline to join new employer after H-1B transfer is approved
- H-1B no notification of termination, 60 days grace period, etc.,
- H-4 EAD Issues
- Working from Canada on or off H-1B
- Covid-19/Coronavirus applying for B-2 status
- Students aging out of H-4
- Covid Coronavirus Converting to B-1 B-2 status
- Implications of the 240 days grace period
- Covid Coronavirus Question from Employers about Payroll for H-1B and others L-1, E, etc. employees
- Covid Coronavirus changing H-1B home office location
- Covid Coronavirus H-1B employee furlough's impact on green card and H-1B
- Loss of job/laid off during Covid/Coronavirus times
- H-1B visa holders during COVID
- Transfer of H-1B while extension is pending
- What to do after an H-1B (or L-1) denial
- Work duration and damages contracts under H-1B
- Risk for green card process in joining a small company, unfamiliar with immigration
- Does withdrawing a timely filed application/petition with the USCIS lead to unlawful presence?
- Consequences of losing my job on H-1B and revocation of I-140
- Must we maintain H-1 or L-1 status while I-485 is pending?
- Variation in H-1B job approved and actually performed
- How far ahead of job or petition start date can I apply for H-1B visa stamping?
- Travel During H-1B Amendment and Using Old Employer's Visa Stamp
- Effect of H-1B Approval on H-4 EAD
- What to Expect from H-4 EAD Revocation
- H-1B Unpaid Leave or Time off
- Traveling While H-4 and EAD is Pending
- When Does One Become H-1B Cap Exempt - Change of Status/Visa Stamp?
- H-1B Joining Another Employer while a Transfer, Extension or Amendment is Pending
- Impact on Current H-1B if Another H-1B is Denied
- How to get H-1B approved for three years, not shorter duration
- Options to Stay in the USA After Expiration of H-1B
- H-1B furlough or temporary lay off
- Multiple Years of CPT
- Filing Employment Based Green Card While Living Outside USA
- Getting H-1B Extensions Based on of I-140 Approval of Spouse
- Travel While Change of Status Request is Pending - H-1B Related
- H-1B Employer Deducting Money From Salary
- Is H-4 EAD Tied to an Employer of H-1 Holder or to an I-140?
- What to do When the 240 Days H-1B Work Authorization is Expiring?
- Status Expiring During the Pendency of an H-1B extension
- Continuing Employment-Based Green Card While Moving Outside the USA
- The New Restriction on 12 Months of CPT OPT Combined – – Consequences of H-1B Denial on OPT
- Traveling Abroad While H-4 EAD is Pending
- Can I Join My Old Employer If The H-1B Transfer Is Denied?
- H-4 EAD Based Upon Prior Employers
- The Impact of the NTA Memo
- Travel Outside The USA When A Case Is Pending
- What Are Different Wage Levels For H-1B And Green Card Jobs?
- Specific Issues In The Trump NTA Policy For Denials
- Applying for H-4 Status While on Parole
- H-1B Petition Revocation During Visa Process/Reaffirmation
- Applying For H-1B Transfer While An Extension Request Is Under RFE
- How Many Days Can I Stay In The USA After H-1B Denial?
- Changing Jobs While H-1B RFE Is Pending
- Can An Employee Withdraw An H-1B Petition?
- Can A Green Card Be Filed For Me If I am On H-4 or L-2?
- Changing Jobs After I-140 Approval
- Legal Stay to the Parent of US Citizen Child With Disability
- Effect of I-140 Revocation on Priority Date, H-1B Extensions Through Any Employer, etc.
- Child Turning 21, Immigration Consequences for Pending Green Card Cases
- H-1B and Green Card Transfer From a Non-Profit Organization to For-Profit
- Leave Without Pay for H-1B / Status
- 180 Rule for Priority Dates/H-1B Extension
- Jobs that Qualify for an H-1B Visa
- H-1B Tranfer, AC21 and I-140 Process
- H-4 EAD Termination and Converting to H-1B
- National Interest Waiver (NIW) Filing When Priority Date is Not Current
- Can I Get H-4 Visa Stamping While the H-1 to H-4 Change of Status is Still Pending?
- H-1B or Other Status Denied - What is my Status?
- Transferring H-1B While an RFE is Pending
- H-4 EAD and H-1B Extensions Rules Change
- Implications of Acohol-Related Convictions, such as DUI, on Immigration or H-1B
- Changing Jobs After I-140 Approval, Returning to the Old Job, etc.
- H-1B RFE For Specialty Occupation
- Erroneously Given Longer Duration On H-1B Than Eligible
- Filing EB-1C, International Managers or Executives Green Card
- When Does One Become H-1B Cap Exempt?
- Impact of Taking a Long Break While on H-1B
- What can be Done if an H-1B is Denied While in the USA?
- Does H-1B Extension Denial Invalidate an Existing H-1B?
- Doing Business on H-4 EAD
- Denial of H-1B on Level 1 Wage Issue
- Effect of Moving Abroad While Still on H-1B Visa
- Applying for Green Card while Holding H-4 Status; Applying for Green Card and Permanent Residence for Another Country Simultaneously
- Pros and Cons of Adjustment of Status and Consular Processing for Green Card
- Current Immigration/Visa Options for Entrepreneurs
- How Late Can a I-485 be Filed After Priority Dates Become Current
- H-1B Visa Denied and Petition Sent for Revocation
- H-1B Visa Stamping in Canada or Mexico; Importance of I-94
- Is New H-1B Visa Stamping Needed if you Change Employers?
- Transfer from H-1 (with I-140 approved) to H-4 EAD
- Does H-4 Require a Prior USCIS Approval for Visa Stamping?
- I-94 Given for a Shorter Duration at the Airport than the Petition Approval Date
- New Regulations, Effect on Layoff after I-140 Approval
- Evidence or Documents Created After the Filing of a Petition
- Protection of Section 245(k) for Employment-Based I-485
- Is a Copy of I-140 Approval Required to Extend H-1 B?
- 60 Days Grace Period for H-1B
- Applying For H-1B Visa When There Was A Status Violation
- How to Reset H-1 Six Years
- Applying for H-4 Status while H-1 is Pending
- Effect of Revocation of PERM on an Already Approved H-1 Extension
- Exemption from H-1 Quota and Visa Stamping
- Query Regarding Impact on H-4 EAD During Job Change
- Current Trends in H-1B End Client Letters
- Regarding Impact On H-4 EAD During Job Change
- Rules for Counting 6 Years of H-1B
- Changing employers after I-140 approval; impact on H-1, green card, H-4 EAD, etc.
- Extending H-1/H-4EAD; working while extension pending
- Physicians (FMG) NIW, AC21 portability, Teaching to clinical position
- H-1B 60 days grace period explained
- H-4 EAD Status When Moved to Different Employer
- Travel while H-4 EAD is pending
- Getting unemployment payments on H-1B
- H-1B title "Programmers" and USCIS site visits
- H-1 I-94 given at the airport for a duration shorter than the H-1 approval, how to extend I-94?
- Fraud or misrepresentation findings in visa or petition, what should you do?
- Changing from H-1 to F-1 and back to H-1
- If H-1 transfer is denied, can I rejoin my old employer?
- Can a revoked I-140 help for H-4 EAD?
- Consequences of I-140 revocation
- Do jobs have to be same or similar when I port my priority date?
- H-4 EAD changing back to H-1
- Changing employers after 6 years of H-1 are over
- Filing two quota H-1 petitions simultaneously through different companies
- Does the H-1 60 days grace period apply when one quits a job?
- Compelling circumstances EAD
- How does H-1 60 day grace period work?
- Physician FMG applying for Cap H-1 through a cap exempt employer
- AC21, changing jobs, when to file Supplement J
- Impact of the new I-140 regulations
- Revoke H-4 EAD Regulation
- Legal Rights/Benefits of Green Card Compared to H-1B
- Will H-4 EAD Rule be revoked?
- J-1 Physician applying for following to join after waiver
- The new regulations, withdrawal of I-140, H-1 extensions
- Changing Employers With An Approved I-140 After January 17 2017
- When is an H-1B amendment required?
- Should I travel outside the USA/H-1B visa stamping
- Extension of H-1 beyond six years, gap in H-1, late in filing PERM, etc.
- Regarding H-1B Extensions
- Change of Status to H-4 - effect on priority date; maternity leave on H-1
- What is new regulations for H-1 grace period, revocation of I-140 ?
- Converting from another work status (such as H-1) to H-4 EAD
- 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
- Am I Exempt From H-1 Quota If Visa Was Not Stamped
- H-4 EAD Employer Change
- Changing Jobs After I-140 Approval
- I-94 Given for Duration Shorter than Entitled
- Name variation in diploma or degree, name change for immigration
- Gap in Status
- Does H-4 EAD have to be applied again if H-1 changes jobs?
- Travel while H-1 COS is pending
- H-1 entering USA when visa is about to expire
- I-140 approved - H-1B renewal
- H-4 and EAD
- Is percentage arrangement acceptable as salary (H-1 and PERM)
- The Proposed I-140 EAD Rule - FAQ's
- H-1 status and FMLA
- Pros and cons of H-4 EAD
- New company filing H-1
- Green card pending conversion to and from H-4 EAD – H-1; Filing green card while in F-1 status
- Physician filing green card
- H-1B Laid Off Issues
- Investment property while on H-1 (Buying and renting out a house)
- Correcting dates on I-94
- For PERM is formal certificate required or completion of degree is enough
- Maternity leave on H-1, FMLA and status
- Changing employers - what immigration documents should I keep
- Travel while H-1 extension pending – change in I-94 number
- H4 - EAD validation if H-1B holder moved to another company
- H-4 visa extension approved. Can I travel now?
- H-1B Employee, telecommuting/working from home
- H-4 Visa Delay
- H-4 Visa Approval
- H-1 employer not paying
- Simultaneous filing of H-1 amendment and extension
- H-4 EAD filing based upon I-140
- Can I travel while my H-4 EAD is pending?
- In which country must I apply for a US visa?
- Requirements for Extension of H-1 beyond 6 years
- H-4 EAD - Documents needed; name issues; processing times, etc.
- H-4 EAD - Converting from H-1 to H-4 EAD - good idea or not?
- Exempt from the H-1B Quota
- H-4 EAD Filing
- H-4 EAD COS pending; File green card while on H-4
- H-1 Receiving Payments for Past Work/Bonus (1099)
- H-4 EAD Rule FAQ's
- Considerations for AC21 job portability
- Green card through two employers and future employer
- How Does H-1 Visa Quota System Work?
- When do I become exempt from H-1 quota
- Can I postpone H-1 status
- Changing Jobs During Green Card
- Work for Old Employer When New H-1 Transfer Approved
- Error by USCIS Giving Time Beyond 6 Years on H-1
- Obama's Immigration Action EAD At I-140 Stage
- Unpaid Leave On H-1
- Cross-Chargeability
- H-4 and I-140
- H-1B Visa stamping in general and in third countries like Canada
- Sister Filed Petition
- Writ of Mandamus for Govt. Delays
- Can An Associate Degree Qualify For RN Based H-1?
- Is CPT an Acceptable Way of Working?
- I-140 for H-1B Extension
- I-140 Pending Approval
- USCIS Updated Questions &Answers on the H-1B Employer-Employee Relationship
- Retaining PD
- Cap Gap Extension Rules
- H-1 Through Multiple Employers
Maternity Leave and Pay Stubs
I am on H-1B & my wife also on H-1B. After three months pregnancy leave my wife is planning not to work and to transfer from H-1B to H-4. She will not have last paychecks copy for three months so will it be an issue during transfer? Will she need to start the job again to get three paychecks copy ?
Reasonable maternity leave should be considered "in status" period, so pay stubs should not be needed.
I-140 Withdrawal vs NOIR in AC21 Context
A couple of questions I have in extension to the I-140 withdrawal by employer are below. If I have I-1485 pending for more than a year via company A and I join company B using my EAD/AC21:
a. what will be the impact if Company-A decides to withdraw/cancel/dissolve the I-140?
b. Is there a possibility for a NOIR to occur on the I140 which had been approved in 2011? If yes what is the impact in either cases?
What are the measures I need to take in either case?
a. No effect on your AC21 right, but you cannot extend future H-1 (if you need them).
b. Oh yes.
Grace Period - Using Tourist Visa After Quitting A Job
I am here on an H-1B and I am looking at quitting my job very soon to leave the country. I am aware there is no grace period for quitting on an H-1B and I don't have a choice but to work till the last day. I do however have a tourist visa that is valid until 2016. Can I quit my job earlier and still stay a week on the account of the tourist visa to pack up and leave; or would the tourist visa have to be activated only be re-entering?
It has to be "activated." Note that under the circumstances reentry and hence "reactivation" is likely to be difficult.
OPT to H-1B
I am currently on my Post-completion OPT. I was recently hired as an IT by a company which agreed to sponsor my H-1B. My OPT expires on January 2013. I've done my Associate Degree in Computer Science. Also, I have BS in Computer Science but from foreign country. Seven year experience in IT.I had my BS evaluated recently. It is equivalent to US Bachelors Degree in Computer Science Computer Technology.
Q1: I will have a gap of 3 months before April 1. How to maintain my status?
Q2: I am under STEM not with my US AAS but with my foreign BS degree. Can I extend my OPT with my evaluated diploma?
A1. You can consider going back to school or B-1/B-2 status. There is information on our blog on B-1/B-2 to maintain status.
Government Shutdown – Impact on Immigration Matters
1. Our employees are deployed at government sites. Are we still obliged to pay the H-1 wage?
2. Can we ask such employees to use their paid leave?
A1. Yes. In my view, that obligation continues unabated.
H-1 Transfer
I have an H-1B Approval Notice that is valid until next year.I have been working with my present employer for two years, but have found a position with a different company. Can my H-1B approval be transferred to this new company?
It is possible to apply for an H-1 transfer with USCIS, provided the H-1 holder is maintaining legal status and fulfills all the requirements.
H-1B Amendment
My work location had changed and my employer had filed an H-1B amendment. Now I am moving back to the original location, which was filed in the first H-1B petition. Is there anything that needs to be done?
All H-1Bs are employment, employer and location specific. Therefore, it is necessary that an H-1B amendment be filed with USCIS if there is any change of location.
H-1 to H-4
My spouse and I work for the same IT company. My spouse who is on H-1B visa is already in the US and my H-1B is under process, hoping to get it stamped latest by October 13th. I plan to quit my current job after stamping is over(may be in Oct13) and join my spouse on dependent visa (H-4).
1) When I apply for H-4, will my H-1B be valid or my company will cancel my H-1B?
2) Assuming H-1B still remains valid after my H-4, can I apply for change of status to H-1 later and search for jobs while on H-4?
3) How long does it take for change of status from H-4 to H-1?
1. H-1 cancellation (revocation) is not automatic, but the company would have to be extremely ill-informed not to revoke the H-1. They must.
2. You can revert back to H-1 from H-4. You will not be subject to quota.
3. The same time as a new H-1. Apply premium if in a hurry.
Request to Upgrade to Premium Processing
My employer filed my H-1B petition during the Quota using regular processing. Now we have received an RFE. Is it possible to change to premium processing now in order to receive an earlier decision from USCIS?
When the RFE response is submitted to USCIS, a request to upgrade the petition to premium processing can be submitted along with the response. In order to upgrade to premium processing, a new Form G-28 and a Form I-907 will need to be prepared and sent to the employer for signature to be submitted to USCIS with the request to upgrade to premium p
H-1 Transfer and Stamping
I have stamped visa from Company A and I entered into USA from that company itself. Now my visa has been transferred to Company B. I am going back to India to bring my family. Will I have to go for stamping again? Will it make any difference at POE if Company A revoked/cancelled my H1B?
If you came in and actually worked for company A for a while, and you have never been out of status, you should not require a new visa stamp.
H-1B Quota and the "Reminder Option"
I have H-1B stamped valid till March 2014 and I am in India right now. My current employer laid me off and cancelled my petition.I have got a call from a consultant that they can file a new petition in premium category against my exiting stamped visa under cap exempt category even if my current petition is already cancelled. Can I use my H-1B in this way even if my petition is cancelled by my earlier employer and me being available in India .
There are two parts to your question. Are you subject to H-1 quota? The answer is no, not until you have been physically outside USA for a year. Even after that, you may have the "remainder option." Second, can you use the same visa stamp to travel?
B-1 in Lieu of H-1
I came with B-1 to work until I obtain H-1B (this is B-1 in lieu of H-1 clause that authorize me to work). I was not selected at 2013 H-1B lottery. How long can I stay on B-1: 6 months + one renewal, would the second renewal be granted,I am looking at L-1B as an alternative but I did not complete the one continuous year before coming to US with my employer. Can the company "make up" some months of work abroad to complete the 12 months? How deep are they digging into for L-1B?
No making up please, unless federal prison is a part of our career plan. B-1 in lieu of H-1 is uncertain, but you can keep trying extensions. If the new law for comprehensive immigration reform passes, things could change drastically.
Receipt Notice for H-1B Petition
How long will it take to get a receipt notice for my H-1B petition that was not filed with premium processing?
According to USCIS, "Usually, customers can expect to receive their receipt notice within 30 days of delivery confirmation. However, due to an unexpectedly high volume of I-129 petitions, it may be an additional two to four weeks before customers receive a receipt notice."
Filing H-1B Quota Cases Next Year
Can you let me know when we can start filing H-1B cases again for this year?
If the beneficiary is not subject to the quota, you can file an H-1B for them at any time. If the beneficiary is subject to the quota, the new H-1B cannot be submitted to USCIS before April 1, 2014, with an effective date of October 1, 2014. We will start working on next year’s quota cases in January 2014.
Applying for Spouse after H-1B Approval
I am planning to come to the U.S. to work. The company that is going to file the H-1 petition for me tells me that they will not need to file any petition for my wife. I want her to accompany me to the U.S. What do we need to do?
The company will file your H-1B petition and, after you receive your H-1B approval, your wife should accompany you to the consulate to apply for her H-4 stamping in order to come with you to the U.S. as your dependent.
Sufficient Evidence of an Employer-Employee Relationship
We are filing an H-1B petition for a three-year period for a potential employee. However, they will be assigned to work at a client site and the contract we have with this client is not for the full three-year period. Will the petition be denied on this basis? We would still want this individual to work for us for the full three years.
If you do not initially provide sufficient evidence of an employer-employee relationship and the availability of sufficient specialty-level work for the duration of the requested validity period, you may be given an opportunity to correct the deficiency through response to a Request for Evidence (RFE). Your petition may still be approved if you provide evidence that a qualifying employer-employee relationship will exist for a portion of the requested validity period, as long as all other requirements are met. However, USCIS will limit a petition’s validity to the time p
Filing H-1B Petition while Passport Expires in Six Months
How can I file an H-1B petition if I have less than six months before my passport will expire?
Change of Visa From H-1B to F-2
I am currently on H-1B visa. Is there a way I can change the visa to F-2 without going back to India? My fiancé is here on F-1 visa and this visa is valid till Sep 2014.
You must be married to the F-1 holder in order to be eligible for F-2 status. Fiances do not qualify for derivative status.
H-1 After Marriage to a U.S. Immigrant
After getting married to a green card holder & applying for a spouse visa is it possible to apply for H-1 visa?
Yes you can apply for H-1 even if you get married to a U.S. immigrant or U.S. citizen.
Validation Instrument for Business Enterprises (VIBE) System
USCIS sent an RFE for my H-1B petition and indicated that they have attempted to validate the company or organization in its Validation Instrument for Business Enterprises (VIBE) system. What is this?
USCIS has indicated that VIBE allows USCIS to electronically receive commercially available information from an Immigrant Investor Program (IIP), currently Dun and Bradstreet (D&B), about apetitioning company or organization. This information includes:
• Business activities, such as type of business (North American IndustryClassification Systemcode), trade payment information, and status (active or inactive)
• Financial standing, including sales volume and credit standing
• Number of employees, both on-site and globally
Tracking H-1B Petition During Quota
How will I know if my H-1B petition has been accepted in the quota?
For cases filed with Premium processing, USCIS will issue a receipt notice via e-mail. Cases filed with regular processing will have to wait until either the receipt notice is sent via USPS (U.S. Postal Service ) or the case is returned by USCIS.
Exploring Other Options During H-1 Transition
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?
Fresh H-1B After 6 Years
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.
Evaluation Required for Non-U.S. Education Credentials
What kind of evaluation do I need for my non-U.S. education credentials?
The evaluation should be done by a professor in the related field of employment.
Export Control Regulations
Where can I obtain additional information about the export control regulations?
DOC’s Bureau of Industry and Security (BIS) administers the Commerce Control List (CCL) and is responsible for issuing licenses under the EAR. Information about EAR and how to apply for a license from BIS can be found at www.bis.doc.gov. Specific information about EAR’s requirements pertaining to the release of controlled technology can be found at
Form I-129 and Denial of Petition Based on License
Will a petition be denied if an export control license is required but has not been obtained prior to filing the petition?
No. USCIS will not deny the petition on the basis that a license is required but has not been obtained prior to the filing of the petition.
Form I-129 and Copy of the Export Control License
Regarding Part 6 of Form I-129, does USCIS require a copy of the export control license if one is necessary?
No. At this time, USCIS does not require a copy of the export control license as part of the nonimmigrant visa petition process.
H-4 Dependent Visa
Is it possible for an H-1B holder to apply for H-4 dependent visas for a fiancée and/or parents?
For an H-4 dependent visa, qualifying family members include only the spouse and unmarried children under 21 years old.
Maintaining H-1B Status While Changing Employers
I am working for my employer in H-1B status, but another company has offered me a better position. Can I just transfer to the new company with my H-1B approval?
When an H-1B foreign worker would like to change employers and continue to maintain his or her current H-1B status, an I-129 petition must be submitted to USCIS by the new employer or its representative. The forms in this case will be treated as a new petition and will require the appropriate filing fees.
H-1B Transfer from Cap-Exempt Employment to Cap Employment
Is a transfer possible from a cap-exempt to cap H-1B?
It is possible. You will have to follow the April-October time frame, except where you apply for concurrent cap employment to run together with your cap-exempt employment.
Timely Filing of H-1B Extension
My H-1B status will expire the last week of January 2013. I cannot file my petition for an extension until after January 1, 2013. Will that be too late to file an extension?
A petition is considered to be timely filed as long as it reaches USCIS prior to the expiration of your current H-1B status.
H-4 to H-1 status
I was in H-1B status for three years, then changed to H-4 status. If I want to change back to H-1, will I need to wait to file under the new quota?
If your previous H-1B petition was counted against the cap, you should not be subject to the quota and should be able to file an H-1B petition at any time. However, if your prior H-1B employer was cap-exempt, you will be subject to the quota.
Performing services in more than one work location
The employer who is going to sponsor my petition has told me that I will be working in more than one work location. Will USCIS see this as a problem?
The petitioner (your prospective employer) will need to submit a complete itinerary of services or engagements if you will be performing services in more than one work location. Furthermore, the petitioner must comply with Department of Labor regulations requiring that an LCA is filed specific to each work location for the beneficiary.
H-1 Concurrent Employment
If I am applying for concurrent employment on H-1, can I extend my status based on my new employment, or can it only be for the time I am already approved for?
You can extend your time, assuming that you would be otherwise eligible for an extension of status.
Adjustment of Status from H-4 to H-1
I may be travelling US on H-1B next year with my spouse on H-4. Is there any possibility to find a job in US for my husband through H-1B sponsor by some consultants and how much risk is involved in this?
As long as there is quota remaining on the H-1B, the law permits change of status from H-4 to H-1. And, if the H-1 is denied, that does not affect the existing H-4. So, no legal risk that I can see.
Subject to the Quota
An employer applied for an H-1B for me two years ago under the quota and it was approved, but then I was unable to come to the U.S. to start the job. Can another employer apply for an H-1 for me now, or will I be subject to the quota again?
You should not be subject to the quota, because you were granted an H-1B approval before.
H-1 and Out of Status
My project is going to end soon and my employer does not know if he will have another client with a project for me. How long do I have to find a new employer before I am out of status? What should I do if my current employer withdraws my H-1B?
There is no grace period when you are laid off. You will be out of status from the date your current employment ends. It is advisable to apply for a change of status to, for example, B1/B2, F-1, or H-4.
Petition to extend H-1B Visa
My H-1B approval notice is valid for four more months. When can I begin the process to extend my H-1?
A petition to extend your H-1B can be submitted for receipt by USCIS no sooner than six months prior to the expiration of your current H-1B, so you could begin the process at any time now.
Employer Sponsoring for H-1 Visa
I have completed all of my studies in college for my Bachelor’s Degree but have not received my diploma from the university. How can I show my prospective employer that I have the education necessary for him to sponsor me for an H-1 position?
You must submit evidence of the beneficiary’s educational degree at the time of filing. If all of the requirements for the degree have been met, but the degree has not yet been awarded, the following alternate evidence may be submitted: (1) A copy of the beneficiary’s final transcript; or (2) A letter from the Registrar confirming that all of the degree requirements have been met (if the educational institution does not have a Registrar, such letter must be signed by the person in charge of the educational records where the degree will be awarded).
Traveling outside USA while H-1B petition pending
I am in the US in another status. Can I travel outside the US while my H-1B petition is pending?
While it is possible to travel out of the US while the petition is pending, there are significant complications that may arise. You should consult with your lawyers before doing so.
H-1B petition and Quota
I am in the US in F-1 status. I just received a job offer and the company is ready to sponsor my H-1B. When can we apply for my H-1B visa?
If the employer is exempt from the quota, they may apply at any time. If they are subject to the quota, they can file the H-1B petition to reach USCIS no earlier than April 1, 2013, with a requested start date of employment no earlier than October 1, 2013.
2014 H-1B Quota
I will be completing my Bachelor's Degree in August 2013. Am I eligible to apply to submit my petition on April 1, 2013, for the 2014 H-1B quota?
All requirements towards the Bachelor’s Degree must have been met at the time of submitting the H-1B petition to USCIS.
Time Frame for H-1B petition
If I do not file my petition using premium processing, how long will it be before I receive a decision from USCIS?
For an H-1B petition filed not using premium processing, it can take from two to six months before a decision is received from USCIS.
H-4 TO H-1B
I have H-1B visa and my husband has H-4 visa. If my husband is going to file H-1B from US, will it be a COS. If so, is there a timeline before he has to come to India to get his Visa stamped? I heard many H-4 to H-1B petitions are getting denied. Is that true?
It can be a COS. If a successful COS is obtained, there is no deadline on getting a
H-1B petition returned to USCIS
I work under the EC (Employer-Client) model. I went for visa stamping at Hyderabad, India and my case was put under 221(g) administrative processing. On April 18th, I got an e-mail from Consulate stating that based on the information provided during visa interview my nonimmigrant visa case has been refused and the petition has been returned to USCIS for re-evaluation. The consulate would wait for the judgment from USCIS on weather or not the petition should be reaffirmed. Is there anything I could do to ensure that my case gets reaffirmed and expedite the process from USCIS?
You will need to wait (or start another H-1). The employer will receive from USCIS an intent to revoke. They will then have 30 days to respond. Based upon the response, USCIS will affirm or revoke. This process can easily take 3-6 months.
Change of status from L-2 to H-4
I was on L-2 visa till present. I got my EAD few months back, which expires in April 2013. But I had to Adjust my Status to H-4 as my spouse's visa got changed to H-1.Can I work with my EAD as it has got validity till 2013? Is there any other way that I can work in this country?
H-4 holders can not use the EAD they received while on L-2. If you can, change to H-1.
Visa Stamp
I am planning to go home (outside US) for a month vacation this coming Dec. I have a visa stamp from my PREVIOUS employer that will expire on March 15, 2012.
1. Do I still need to go to the US embassy in my home country (where I am going for a vacation) since I have a new employer?
2. Could I use the visa stamp from my previous employer and present it to my point of entry?
3. Let's say I did not move to another employer, is there a time line when I can still use the visa stamp when I leave&go back to US(like for example, mine is nearing the expiration)?
Options for H-1 extension
I already completed 6 years of H-1, approved I-140. if I get laid off and change my status to H-4 can I change my status to H-1 after 1 year and still use my previous priority date and in that situation will I get H-1 approval for 3years? If I decide to pursue my further studies and change my status to F-1, and after my graduation or during my study, if I find a new employer can I get h1 approval with my old I-140 since I already completed 6years of H-1 and didn't leave country physically for 1 year. Will it be an issue?
In order for you to reset the 6-year clock on H-1, you have to be physically outside USA for one year. You can, however, get H-1 extensions continually for any employer if your I-140 is not revoked by the old employer or by USCIS.
H-1 transfer during pending extension
My H-1 extension with the current employer is applied and is pending. My current H1 expires on 25th. If I apply for a transfer to another employer after 25th Sept., then is it necessary to have approved both extension and transfer in order to work with new employer, because I file transfer after my expiration of current H1?
If, by the time your second H-1 is approved, the first H-1 is not, USCIS can approve the second H-1 only without an I-94.
J-2 to TN
I am Canadian citizen & currently working on TN visa. My spouse is on J1 visa. I want to switch to J2 and get EAD. After couple of years he will apply for waiver and will move to H1. I believe I will be switched to H2 automatically as his dependant and my EAD will be void. Will that be possible at that time that I can switch back to my TN status?
You can switch back to TN. To correct slightly, you do not automatically get switched to an H-4 (not H-2).
H-1B to B-2
I am working in USA on my H-1B right now and my wife is on H-4B. My H1 is valid until 2013. I am planning to leave my job within next few months. After that, we want to visit entire USA for few months before I go back home. Can I change from H-1B(for myself)+ H-4B(for my wife)or B-2 Visitor for both?
You can and should apply for B2 for both.
Working Visa
My fiance is from Pakistan, currently working in Kenya.He has done IT and Web-design. He is willing to work in the United States, Is it possible to get the visa?
It is possible if he has the relevant degrees and has a job in his field in USA. The most commonly used visa for professional workers is an H-1B visa.
H-1B transfer when 221g pending
I was working on a EVVC model till Dec in the US, when I came to India for my stamping, I got a 221g which is now pending at the Chennai consulate. I am now trying to transfer my visa to the primary vendor to work for the same client. Is there any issue with this? Can I also respond to the 221g when I am doing the transfer?
I do not see any major issue with this as long as 221g was related to your employer, not you.
OPT - H4 - H1
I am currently on OPT, expiring on 23 May 11. I am currently working but my current employer is not willing to file for my visa and I am unable to find an employer who can file for H1B. I have following questions:
1) If I am not able to find a company-how much time ahead of my visa expiration I will have to file for H4?
2) How difficult it is for an employer file for H1 from H1 and what is the process?
3) If I have to travel out of country before the OPT expiration-do I need to have another visa approved to re enter before my OPT expiration?
1. Your H-4 application must reach USCIS before expiration of your OPT (although it could be argued that you have an extra 60 days, but I stay away from having to argue).
2. No different than filing a new H-1.
3. You could have a difficult time entering if cutting too close the end, although, legally you are entitled to it as long as you have a job in your field that you have been performing on your OPT.
Business in the US, on H1B visa
Fact "H1Bs cannot do their own business in US". So checking the legal limit with below scenarios.
1. Can a H1b, while working for H1 employer, work for non US employer using options like work from home or other internet technologies and earn in their local currency without further documentation?
2. Does anything changes if the non US employer has clients in US and the person in above position actually work with those clients under the payroll of non US based organization?
3. Does it cross the legal H1B limit if we assume the H1b person in scenario 1 and 2 is also the owner of non US company and earns in local currency not USD?
1. In my view, no.
2. No. The critical thing is that the work is being performed on US soil.
3. I believe this too would be illegal under immigration laws.
Concurrent H-1B
I am currently on H-1B with a university (cap exempt), working full time (40-hrs/week). An opportunity has come to work part-time for another For-profit institution (not cap exempt), may be for 20 hours or so per week. So my questions are:
Can I apply for a concurrent H1 (For-profit; not cap exempt) whose work load will be additional to my current H1?
Is there a restriction on where the concurrent H-1 sponsor is located in the US?
Does 'Concurrent H-1B' need to go through the yearly quota since it is 'not cap-exempt' in my case?
The last time I checked into this issue, you could apply for a concurrent quota H-1 even though you are currently holding an exempt H-1. Location of the employer is not important, location of the job is.
H-1B after CPT
I do not qualify to apply for OPT. I have used my CPT completely by working for my current employer for past 1.5 yrs. They started my H-1B process. My current job (QA Analyst) minimum requirement is Associates degree or 0+ yrs experience. Lawyer came back saying job description should be changed to minimum bachelors or equivalent. I have 16 yrs education from India + MBA from here (April 2011) + 1.5 yrs experience. My employer is not willing to change the job description. Can they ask the lawyer to continue the process with the current job description?
An H-1 can be requested for a job that requires minimally a bachelor's degree. Note that the employer MUST TRUTHFULLY require a degree. If not, you cannot process an H-1.
PERM Audit and H-1 Expired
What happens if your H-1 expires before the PERM audit is cleared by DOL. Are we supposed to leave country. I have 20 months of H-1 life left to reach 6 years and my LABOR is in AUDIT status I am just wondering if I get an extension or will I be checked out of USA.
While a PERM audit or even an appeal against a denial after the audit is pending, you would still be entitled to H-1 extensions beyond six years.
H-1B Stamping
I got my H1B approval on 31 Dec 2010, thus my visa status changed from F1 to H1B (I am currently going to grad school and graduating in April 2011). My company wants me to get my visa stamped. I have heard various stories about problems faced in Canada for first time stamping. Is this really an issue? Is there any law which prevents us to get first time stamping done in stamping done in Canada?
H-1B stamping has been made difficult by consulates. There is nothing stopping you from applying in Canada, but your lawyers need to help you decide what is best.
H-1 Extension
I have filed for an Extension in the month of August'2010 as my Visa expires on Sep1'2010. I have not received anything yet. The Status is still in initial review. I have plans to go to India on Jan28. Should I convert to Premium now or shall I wait. My Case is with California?
Personally, I have seen no correlation between premium processing and increased RFE's.
H1-B Visa Transfer
I worked in US till August 2010 through my H1-B visa in some company. I had to come to India due to some problems. Now I am in India. My question is, can my visa be transferred when I am in India by some other US company so that I can again go back and work in US. My H1-B visa expires on 2013.
The H-1 can be "transferred" - yes.
H1B interview travel cost reimbursement
I am currently on H-1 and interviewing with another company. The interview involved air travel within the US and staying at a hotel. Is anything wrong with my prospective employer reimbursing the air travel and hotel costs and also providing reasonable allowance (for covering food) for the days of my stay? Would receiving a cost reimbursement check from the prospective employer invalidate and/or interfere with my current H1 visa status?
Interesting issue. I do not believe there is any law covering this situation, but in my view out of pocket expense reimbursement including food is acceptable and is not a violation of H-1 status.
Marriage in India or in US
I am in US on a H1B and I am having my wedding in India (with a US citizen) in the last week of Dec. I have to go for my stamping when I am in India. Since there is a lot of apprehensions about H1B stamping these days, could you please suggest what is the best way to go here. Would doing a court wedding in US before I go to India(and showing my marital status as married with US citizen)help in anyway - for getting H1B or for GC processing (if I have to do it from India in the worst case)? If my H1B gets rejected, can I go for H1B stamping using the approval notice from another company?
Having a US citizen spouse should neither hurt nor help your H-1 visa app. H-1B rejection does not mean you cannot apply for H-1 through another company.
Employer/Employee Relationship while H1B transfer
I am currently working for company A as a contractor via a preferred vendor Company B, and my employer is Company C. Now my client company (Company A)has offered me a permanent position with them, thus would there be any hassles while doing an H1B transfer to my client company(Company A) from my employer(Company C) due to the employer/employee relationship memo?
Working directly for the end-client eliminates the employer-employee issue usually.
H1B renewal
I am a foreign dentist with US degree MHA, employed with a dental company as dental tech (DT) under H1B. In 5 months I was moved internally to a Clinical reserach coordinator position. However, my visa was still DT position even after 3 yrs but doing a totally different job. It is time to renew my H1B visa and again they have renewed H1b as DT since the company lawyer said it is risky to renew the H1B under another title as this may be subject to approval. Can this cause any problem for me? I want to apply for my greencard, but because of the title I am still under DT I fall under EB-3.
You have no choice. When the job changes substantially, you are REQUIRED by law to file an H-1 amendment. Any lawyer/employer who advises you differently is breaking the law.
H-4 visa to H-1B
My Wife is on H4 visa.How can she convert her status to H1B Visa.What are the various ways out to attain work visa.
She can. For Indian citizens, H-1 and L-1 are two obvious choices.
There is a limiation of 100 H-1B2 visas
There is a limiation of 100 H-1B2 visas, how do you know if there are any available? I have tried to contact USCIS and NVC but no help.
I am not sure of a separate quota, but remember there is also no bar to also applying for an H-1B as a specialty occupation worker. That quota is still open.
Employer change in 6th year before I-140
My H1 is expiring (6th yr) in Sep 2010 and did not get labour approval till now (filed in Sep 2009) , Can I transfer H1 before Sep 2010 and before I-140 approval?
Yes you can. But discuss the details with your H-1 lawyers.
H-1 extension while PERM pending
My PERM application was filed last june 2009. My H1B expire last Sept 2009. Can I still renew my H1B? I got 2 extensions of H1B already.
You can keep applying for H-1 extensions indefinitely while the PERM is pending (filed a year ago).
When to file for 7th year extension (Timing)?
My 6th year is expiring in Oct2010 and my employer is planning to file PERM in Feb 2010. My questions is
1.Will I be able to file for the 7th yr extension before my 6th yr expires, say in Sep/Oct 2010 (even if my Labor is pending and it hasn't been 365 days yet)?Meaning,can they just go ahead & file for the extension but request for the 7th year to start from Feb 2011 (i.e. 365 day point from the PERMfiling)?Or do I have to actually wait until Feb 2011 to even file for the 7th year extension?
2.If I have to wait til Feb 2011,what start date can my employer request? Oct2010-11 or Feb2010-11?
They can file 6 months ahead of the contemplated start date - as long as one year of PERM filing is over by that date. But you might have some gap where you cannot live or work in USA.
H1B-H4-H1B
Recently (2009), I changed my status from H1B to H4. My Employer cancelled the H1B after I changed the status to H4 Visa. I have H1B petition document(I-797) with me.
1)Now Can I use existing H1B with the new employer?
2)Do I fall under quota or I need to file new H1B in this Year quota?
You will be exempt from the quota (assuming your previous employer was a private employer - NOT exempt from quota). The new employer will need to apply for an H-1 again.
H1B layoff, H1B transfer-RFE raised, New H1B approved
I was laid off by Company A on August 14th. I found a job with company B on October 14th. A transfer of H1B was filed by company B, but an RFE was raised asking me to prove that I had maintained my status. Since, I had no way of proving that I had maintained my status, a new H1B was filed by company B. The new H1B was approved. I have my stamping interview in 3 days. What kind of questions should I be prepared to answer? I am concerned that they might not approve my case. Please help!!
Merely being out of status is no ground for visa denial in your circumstances. Tell the truth. You should be ok on the status issue.
H-1b visa stamping in Toronto
I work for IBM and have my appointment for H1 visa stamping at Toronto , my prior stamp h1b was also from Toronto , I just recd a call from US embassy stating that since I am not getting my visa stamped in my home country and if there is any administrative processing on my case determined by the visa officer i would be required to stay in Canada till the time the visa officer is not satisfied or gets the results of the administrative processing …. I wanted to ask have any other client of yours also got any similar message ?
Yes, we did get this information.
PERM and H-1 extension
My company filed my perm application in march 2009 and We did`nt heard any thing from uscis. My H1 is expiring(Max-6 years) in March 2010. My question is when I can file for H1 extension?
You can apply for H-1 extension 6 months ahead. But the start date cannot be earlier than March 2010 (when the one year pendency/filing of PERM is reached). You can also get an H-1 extension when your I-140 is approved (if your priority date is not current).
H4 to H-1
I came on H4, got H1b, worked for few months, again changed to H4.Could somebody tell me how much would it cost to amend from H4 to H1.
I am not sure what you mean by "cost," but I can refer you to what we charge. See if this answers your question: http://www.immigration.com/services-fees/h-visa/h-visa-services-and-fees
When is the starting date to work on H-1B?
Regarding USCIS Updates H-1B Cap Count 10/30/09, if the employer files my H1B petition immediately, (1)how long the H-1B approval takes and (2)when is the starting date to work on H-1B? As far as I'm concerned, the H-1B petition quota had usually been reached on APR 1 and the starting work date is Oct 1. But this year is different since the quota has not yet been reached. My employer would like me to work ASAP, so I would like to know if they file my H-1B petition now, can I get approved and work before Oct 1, 2010? (I have a Master's Degree from USA.)
I believe the quota for this year is still available. If so, you can start work as soon as as the H-1 approval says you can (usually immediately upon approval). You need not wait till 2010. File through premium processing if you are in a hurry.
H1B extension for pending labor
My 6 year period of H1b visa expires in Dec 2010 and my labor application is still pending for approval. It was filed in February 2009. Am I eligible to apply for a visa extension , if so when should I apply for that? I assume I still have time. Pls let me know.
I have responded on my blog: http://forums.immigration.com/blog.php?b=214
H1B Visa
Isn't it interesting that this year (2009) there are still 20,000 H-1B left that no companies have applied for 4 months after the dead line were they usually all are taken?
This is because the recession has made it impossible for banks and other TARP precipitants to hire people from abroad for a job that an American can fill and it is quite a stretch in this economy to argue that you can not find a qualified IT worker in the US.
True. But, TARP alone is not the real issue. I think the economy has been hard on all jobs including H-1. TARP is a factor. And there has been a disproportionately high rate of H-1 denials.
H1 6th Yr - Labor Approved - NO I-140
My Bank(!) has filed for my GC last year (Aug) and we got PERM Labor approved as of Feb'09. However, with everything going on with Banks and Economy in general, my new employer (who has taken over my previous employer Bank) has decided to not file for I-140. My 6th Year H1 is going to expire on May 2010. I explored few other companies where I can join and if they can start my GC. I was told by many of them that they will not apply for Labor as we don't have enough time left now to get my Labor approved and file I-140.
Is there any option left for me?
Getting an I-140 filed is your best bet. If you end up leaving USA, see if you can get a job that can get you an L-1, which then leads to an EB1 green card (usually takes about a year only to complete).
Filing H1B
I am working in Company A with L1 status. I filed for an H1 (FY-2010) with Company B and got it approved. Now Company A as of date wants to file for my H1 (FY-2010).
My questions are:
a) Can the already approved H1 get cancelled because of A's application?
b) Can I loose both H1's (A and B both cancelled)
c) Is there any way to retain at least one (A or B)?
You do not "lose" an existing H-1 by filing of a new one.
RFE H-1 without a client letter
I applied for a H1 Transfer in May 09 as my client required me to be an employee of the preferred vendor.In aug 09 I received an RFE asking for a client letter.Could you please let me know if there is anyway to get the approval without the client letter or any other supporting document will serve the purpose. Please do the need full.
Read my blog and my article on this issue.
1. I will be going to India and work for my company from India (before October if the H1b gets approved and continue to work from India if H1b is not approved).
Will you guys be able to answer the following questions for me? Is it okay for my company to wire the money (USD) to me monthly as individual consultation expense and will they have to pay any taxes to the Indian and/or US government for that?
New H-1 employee returning -- rights and issues
Our employee XYZ has arrived in the US. However, it appears that because of the job market in the US, he is going to return home to his old job. I know you said they are allowed to return back to USA at a later date if they choose to work for us down the road. But my question is how long may he stay without getting paid until he must return home? I know you sent me information about benching, stating:
Q. What is the law regarding the benching of H-1 holding employees?
A. The law does NOT permit benching without full salary payment by the employer. The only exception is that when an employer first hires an employee on H-1B they are allowed an initial period of 30 or 60 days during which the employee does not have to be paid while on bench.
i. If the employee is currently in USA and adjusts status or transfers from one employer to another within USA - the bench-without-pay period is 60 days from the date of approval of the petition by INS.
ii. If the employee is entering USA from abroad, the period is 30 days from the date of entry into USA.
If I'm interpreting this correctly, we must pay him no later than day 30 of his arrival here in the USA?
There are a couple of issues I want to clarify. The period of payment begins on the earlier of the two events: when the employee presents himself/herself for the job or 30/60 days. DOL considers it to be irrefutable evidence of having reported when a consulting company starts "marketing" the resume (Note also that to bring an employee in without a project has been elevated by this administration to be an indictable offense, which I think is unlikely to stand up in courts).
1. My story begins like this: I was working for company A, got stamping in May2007(in canada). Came back to US, changed to company B. Got laid off on Feb 27th, 09. In order to have a valid status I got married on Feb 15th and got my H4 legally on March 20th, 09. Two weeks back a miracle happened, got a job through company C and applied for PP H1b, received it last Thursday. Now, I am planning to go to India for a week in June, 09. Tough having a valid H1b stamping prior to the H4-H1, do I still need another H1b stamping?
PS: I do not have H4 stamping.
Effect of Bankruptcy on immigration
I tried to find information on the internet on how bankruptcy affects H-1 visa status and future green card processing, but couldn't find any information on this.
Bankruptcy should have no effect on H-1 or on future green card. I am not aware of any immigration laws that could cause a problem for you.
H-1 visa stamping -- is it difficult?
My son is employed on H1 B visa in USA. As of now, he is working as a consultant in a fortune 100 company. If he returns to India, to get married, he has to approach the US consulate for an H-1 visa. I have the following questions.
Is it difficult now, in view of the present US laws/restrictions on H1B visa to get extension/renewal of the said visa in India.
What is the procedure.
The degree of difficulty varies from case to case and should be evaluated by the lawyer who processed the H-1.
In my view, getting a visa stamping is no more difficult than it was a year ago. The big difference is the consulate may insist on a letter from the end client, the job site where your son works. Other than that, his stamping should be no more difficult than when he got it the first time. As to the procedure, I suggest you check the consulate's web site. They tend to be fairly comprehensive.
USCIS announced an updated number of filings for H-1B petitions for the fiscal year 2010 program.
USCIS has received approximately 42,000 H-1B petitions counting toward the Congressionally-mandated 65,000 cap. The agency continues to accept petitions subject to the general cap.
USCIS has announced that it is continuing to accept H-1B nonimmigrant visa petitions subject to the fiscal year 2010 (FY 2010) cap. USCIS will continue to monitor the number of H-1B petitions received for both the 65,000 regular cap and the 20,000 U.S. Master's degree or higher educational exemption cap.
Are H-1 holders being turned back at the airport?
This is the buzz going around in techie town. If you have already heard it then pl. ignore if not this is interesting.
A techie based of Jersey goes to India to visit his family recently. Techie is assumed have lived in the US for quite some time. He is currently working on his work permit as an alien worker. Techie also has a temporary un-approved/un-guaranteed green card called the EAD.
While re entering an immi-officer that if they can call his manager. Techie then hands all the contact information. Officer gives him a call and asks if they really need a H1B worker for his position. Officer also ensures if the H1B possesses exceptional skills. Manager replies back with a YES!
Officer then calls an office that could tell how many citizens posses the same skill and are unemployed. Officer is told numerous unemployed. Officer now decides to send the techie back. Techie then pleads that he has a house on mortage, a car out of a loan. He needs time to return. Officer then grants him a month on a visiting visa. Techie once again pleads and successfully bargains a 3 month on a visitor visa to return back.
If this is all what happened, then the govt. has acted illegally. There is no question in my mind about it.
USCIS has confirmed that if they determine that they have received enough number of cases in the first five business days of April to reach the cap, then the "lottery" will be based on petitions received on all five days. Note that the first five business days include upto 7th April.
The attached document explains the criteria.
1. Is it advisable or compulsory to get the prevailing wage determination from the states or Online Wage Library is enough at the time of taking LCA? Because most of the time we are taking the LCAs for the job titles like: Software Engineer, Programmer Analyst and System Analyst for which the wage determination available in the online wage library.
Ans. OES wages can be used as long as the correct job category and job level are used. Applying for prevailing wages from the govt. is time consuming, but does have the benefit of being almost beyond question in case of an audit.
When filing for H-1, it often becomes an issue as to what is acceptable evidence that a foreign employee has completed their degree requirements.
USCIS has stated:
Delay litigation/Mandamus
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 ?
Watch the Video on this FAQ: Delay litigation/Mandamus
Video Transcript
Delay litigations are highly useful, but not in all cases. FAQ in detail...
Loss of H-1B Job and Opting for B-2 Visa
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?
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?
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.
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.
Supplement J timing and joining previous Employer
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 .
Priority date and original I-140 approval notice
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.
Changing Status During a Pending Application - Authorized Period of Stay
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?
Change of Status on an H-1B Approved for Consular Processing
I'm currently working on H4-EAD in USA. I have approved H1 I-797B with employer "ABC" having start date as 11/16/2020 under consular processing in cap.
Can employer "XYZ" file H1B transfer before my start date with "ABC"? If yes, can he do it with change of status?
Unstamped H-1B Quota Exemption
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?
Watch the Video on this FAQ: Unstamped H-1B quota exemption
Video Transcript
Owning or Doing Business on H-1B
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?
Watch the Video on this FAQ: Owning or doing business on H-1B
Video Transcript
1. I do not see any problem with that.
Unemployment Benefits While On B-2
My question is on unemployment benefits-is it illegal to collect unemployment benefits while on a B2 visa. I was on H1B and my 60 days are over so I moved to B2 (pending).
I received unemployment benefits for the 60 days grace period which is legal.
However, the question is how about after 60 days? I stay in California and EDD said they will look at my case and make a decision if I continue to get benefits after 60 days. My only concern is I don't want to collect benefits now that may cause issues later for GC.
Watch the Video on this FAQ: Unemployment benefits while on B-2
Video Transcript
The extended unemployment benefits were for all US workers. They were not just for green card holders or US citizens. As far as I know this should not be a problem.
H-1B portability without a visa stamp
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?
Watch the Video on this FAQ: H-1B portability without a visa stamp
Video Transcript
Changing jobs while I-140 pending and change in job title
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?
Deadline to join new employer after H-1B transfer is approved
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?
H-1B no notification of termination, 60 days grace period, etc.,
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.
Working from Canada on or off H-1B
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?
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.
3. Will doing this have any impact on my H1B Renewal? I would need to go for re-stamping next year in September.
Covid-19/Coronavirus applying for B-2 status
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 mailto:lockboxSupport@uscis.dhs.gov">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?
Students aging out of H-4
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?
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 ?
Covid Coronavirus Converting to B-1 B-2 status
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)
Implications of the 240 days grace period
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?
Covid Coronavirus Question from Employers about Payroll for H-1B and others L-1, E, etc. employees
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.
Covid Coronavirus changing H-1B home office location
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?
Covid Coronavirus H-1B employee furlough's impact on green card and H-1B
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?
Loss of job/laid off during Covid/Coronavirus times
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?
H-1B visa holders during COVID
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.
Transfer of H-1B while extension is pending
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 ?
What to do after an H-1B (or L-1) denial
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 ?
Work duration and damages contracts under H-1B
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?
Risk for green card process in joining a small company, unfamiliar with immigration
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.
Does withdrawing a timely filed application/petition with the USCIS lead to unlawful presence?
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?
Consequences of losing my job on H-1B and revocation of I-140
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 ?
Must we maintain H-1 or L-1 status while I-485 is pending?
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.
Variation in H-1B job approved and actually performed
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 ?
How far ahead of job or petition start date can I apply for H-1B visa stamping?
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.
Travel During H-1B Amendment and Using Old Employer's Visa Stamp
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.
I have moved to my current employer in April 2019 and I have approved H1-B for 3years.
Now because I am changing client and location, they have filed amendment and it is currently under process.
I don't have STAMPING with my current employer but I have STAMPING with my previous employer until end of 2019.
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.
Effect of H-1B Approval on H-4 EAD
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?
Watch the Video on this FAQ: Effect of H-1B approval on H-4 EAD
Video Transcript:
What to Expect from H-4 EAD Revocation
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?
H-1B Unpaid Leave or Time off
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?
Watch the Video on this FAQ: H-1B unpaid leave or time off
Video Transcprit
Traveling While H-4 and EAD is Pending
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?
When Does One Become H-1B Cap Exempt - Change of Status/Visa Stamp?
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.
H-1B Joining Another Employer while a Transfer, Extension or Amendment is Pending
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:
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 ?
2. How long one can stay in US without job/payroll having H1B ?
Impact on Current H-1B if Another H-1B is Denied
I am already on a cap-exempt H1b working for a non-profit full time. Another employer filed my H1b 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.
How to get H-1B approved for three years, not shorter duration
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.
2. Any particular documents needed for getting the H1b approved for 3 years?
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?
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?
Options to Stay in the USA After Expiration of H-1B
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?
2. Without a job how many days i can stay in USA before my I-94 expires using I-140?
H-1B furlough or temporary lay off
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.
Multiple Years of CPT
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
–CPT Related
–Multiple years of CPT at the same Education level
The lawyer is asking me to change from Change of status to Consular Processing and go to India and stamped and come back.
Watch the Video on this FAQ: Multiple years of CPT
Video Transcript
Filing Employment Based Green Card While Living Outside USA
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?
Getting H-1B Extensions Based on of I-140 Approval of Spouse
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?
Travel While Change of Status Request is Pending - H-1B Related
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?
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.
H-1B Employer Deducting Money From Salary
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) ?
Is H-4 EAD Tied to an Employer of H-1 Holder or to an I-140?
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?
What to do When the 240 Days H-1B Work Authorization is Expiring?
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 :
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 ?
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 ?
Status Expiring During the Pendency of an H-1B extension
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.
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?
Continuing Employment-Based Green Card While Moving Outside the USA
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.
Questions
1. If Priority date becomes current during my stay in Canada then what are my options.
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.
3. To convince them on job responsibilities will the letter from employer be sufficient Or need something else?
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.
The New Restriction on 12 Months of CPT OPT Combined – – Consequences of H-1B Denial on OPT
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.
Traveling Abroad While H-4 EAD is Pending
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?
Can I Join My Old Employer If The H-1B Transfer Is Denied?
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:
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?
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?
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?
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?
H-4 EAD Based Upon Prior Employers
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.
My questions are:
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?
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?
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)?
4. If I get I-140 approved from employer B also then what will happen to I-140 approved with employer A?
The Impact of the NTA Memo
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?
Travel Outside The USA When A Case Is Pending
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?
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?
3. What will be the case if my amendment is still pending. What will be the case If my amendment is approved by then.
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...
What Are Different Wage Levels For H-1B And Green Card Jobs?
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.
Specific Issues In The Trump NTA Policy For Denials
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?
Applying for H-4 Status While on Parole
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?
Watch the Video on this FAQ: Applying for H-4 status while on parole
Video Transcript
H-1B Petition Revocation During Visa Process/Reaffirmation
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?
Applying For H-1B Transfer While An Extension Request Is Under RFE
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?
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.)
How Many Days Can I Stay In The USA After H-1B Denial?
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
Changing Jobs While H-1B RFE Is Pending
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.
Watch the Video on this FAQ: Changing jobs while H-1B RFE is pending
Video Transcript
Can An Employee Withdraw An H-1B Petition?
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?
Can A Green Card Be Filed For Me If I am On H-4 or L-2?
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 ?
Changing Jobs After I-140 Approval
I have the following questions
Can employer A revoke my current I-140 after I change my employment?
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?
Does the hike in pay and change in roles in any way affect any of my future GC filings with Employer B?
Watch the Video on this FAQ: Changing jobs after I-140 approval
Video Transcript
Legal Stay to the Parent of US Citizen Child With Disability
My spouse and me are staying in 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. Current scenario is my husband's H-1B has denied and couldn't get back to USA. I am here in 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 child with disability in the USA?
Video Transcript
The answer is No. You can stay on a tourist visa. There are no special visas or green card for such situations. More...
Effect of I-140 Revocation on Priority Date, H-1B Extensions Through Any Employer, etc.
I have my I-140 approved in 2015 and its beyond 180 days now with Employer A.
If I move to Employer B
a) Consider that Employer A revoked my I-140
b) Please help to confirm will it possible to get multiple extension with previous 180 approved.
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
Child Turning 21, Immigration Consequences for Pending Green Card Cases
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.
H-1B and Green Card Transfer From a Non-Profit Organization to For-Profit
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:
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?
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?
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
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?)
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
c.applying for concurrent H1b
d. Moving on to H4EAD and filing a H1b next April
e.Joining a Masters CPT college and filing a Cap-subject H-1B next year
Video Transcript
1. The answer is No. There is no advantage in going through for-profit or non-profit that's just irrelevant.
Leave Without Pay for H-1B / Status
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?
Watch the Video on this FAQ: Leave without pay for H-1B / Status
Video Transcript
180 Rule for Priority Dates/H-1B Extension
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 loose the Priority date when I move with new employer?
Jobs that Qualify for an H-1B Visa
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
H-1B Tranfer, AC21 and I-140 Process
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.
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.
H-4 EAD Termination and Converting to H-1B
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.
National Interest Waiver (NIW) Filing When Priority Date is Not Current
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?
Can I Get H-4 Visa Stamping While the H-1 to H-4 Change of Status is Still Pending?
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
H-1B or Other Status Denied - What is my Status?
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?
Watch the Video on this FAQ: H-1B or other status denied - what is my status?
Video Transcript
Basic Concepts to be in Status
Transferring H-1B While an RFE is Pending
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?
H-4 EAD and H-1B Extensions Rules Change
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?
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?
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.
Implications of Acohol-Related Convictions, such as DUI, on Immigration or H-1B
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?
Changing Jobs After I-140 Approval, Returning to the Old Job, etc.
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.
H-1B RFE For Specialty Occupation
I have received a specialty Occupation RFE. As part of the RFE I am asked to provide:
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.
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?
3. "level of responsibility" - what is expected here
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...
Erroneously Given Longer Duration On H-1B Than Eligible
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?
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...
Filing EB-1C, International Managers or Executives Green Card
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?
When Does One Become H-1B Cap Exempt?
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?
Watch the Video on this FAQ: When does one become H-1B cap exempt?
Video Transcript
Impact of Taking a Long Break While on H-1B
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.
What can be Done if an H-1B is Denied While in the USA?
In case of H1 transfer denied what other options one can have ? [provide that has 140 approved since many years]
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 ?
Does H-1B Extension Denial Invalidate an Existing H-1B?
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)
2. Does H-1B extension denial invalidate an existing H-1B?
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.
Doing Business on H-4 EAD
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.
Watch the Video on this FAQ: Doing business on H-4 EAD
Video Transcript
Of course on H-4 EAD, she can do anything she likes, she can do online business, sell items on ebay amazon no problem at all. These items shipped from India is perfectly fine.
Denial of H-1B on Level 1 Wage Issue
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?
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?
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.
Effect of Moving Abroad While Still on H-1B Visa
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 -
1. If I change the employer in India, is there any way I can come back? What all options I will have?
2. Can my new employer eligible to transfer my H1B from India in case current extension gets approved or RFE or Denial?
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.
Applying for Green Card while Holding H-4 Status; Applying for Green Card and Permanent Residence for Another Country Simultaneously
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.
1: Is there a website where we can check the status of labor if it has been approved?
2: When can I file for I-140? Is it true that it has to be filed within 180 days of labor approval?
3: Can my GC application continue whilst being on H-4 visa?
4. Does the GC process, at any stage, require the applicant to be on H-1 visa?
5: I am planning to start Canada PR procedure. Will my GC application interfere with Canada PR at any point?
Pros and Cons of Adjustment of Status and Consular Processing for Green Card
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?
Current Immigration/Visa Options for Entrepreneurs
What are the requirements to get a visa and green card as an international entrepreneur? Is the start-up visa effective?
Watch the Video on this FAQ: Current immigration/visa options for entrepreneurs
Video Transcript
A few options for Entrepreneurial Visas:
How Late Can a I-485 be Filed After Priority Dates Become Current
Example Scenario: H1-B EB3. Candidate is in US for 10 years and extending his H1-B using approved I-140.
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)
H-1B Visa Denied and Petition Sent for Revocation
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.
Current Situation:
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).
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?
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?
3. What happens to my assets (personal stuff, bank accounts, etc) in US?
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)?
Video Transcript
1. Not until a notice of intent to revoke is sent.
2. This case is going back to USCIS.
H-1B Visa Stamping in Canada or Mexico; Importance of I-94
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.
1. Can I get my visa stamped in CANADA or any other country nearby to USA without revisiting INDIA.
2. Am I eligible for drop box option for my new stamping as my current stamping is via my previous employer.
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.
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.
Is New H-1B Visa Stamping Needed if you Change Employers?
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?
Transfer from H-1 (with I-140 approved) to H-4 EAD
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?
You can most definitely file H-4 and EAD together. Your green card process can continue even though you have changed your status.
Does H-4 Require a Prior USCIS Approval for Visa Stamping?
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.
I-94 Given for a Shorter Duration at the Airport than the Petition Approval Date
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.
New Regulations, Effect on Layoff after I-140 Approval
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?).
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.
Evidence or Documents Created After the Filing of a Petition
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.
2. What are the other options if my COS petition is is denied?
3. Am I eligible for transfer if I get an offer from the new company?
4.Is my approved H-1B still valid and cap exempt, whatever is the outcome of COS petition decision?
Protection of Section 245(k) for Employment-Based I-485
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?
Audio FAQ: Protection of section 245 (K) for employment-based I-485
Audio Transcript
Is a Copy of I-140 Approval Required to Extend H-1 B?
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?
Audio FAQ On: Is a copy of I-140 approval required to extend H-1 B?
Audio Transcript
60 Days Grace Period for H-1B
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).
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?
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)?
Audio FAQ: 60 days grace period for H-1B
Audio Transcript
Applying For H-1B Visa When There Was A Status Violation
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.
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.
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.
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.
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.
How to Reset H-1 Six Years
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?
Watch Video on this FAQ: How to Reset H-1 Six Years
Video Transcript
Applying for H-4 Status while H-1 is Pending
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?
Effect of Revocation of PERM on an Already Approved H-1 Extension
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.
Exemption from H-1 Quota and Visa Stamping
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?
Query Regarding Impact on H-4 EAD During Job Change
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?
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?
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?
1. The essence of your understanding is correct. You are safe against revocation.
2.
Current Trends in H-1B End Client Letters
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?
Regarding Impact On H-4 EAD During Job Change
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?
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?
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?
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.
Rules for Counting 6 Years of H-1B
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 ) ?
Watch the Video on this FAQ: Rules for counting 6 years of H-1B
Video Transcript
Changing employers after I-140 approval; impact on H-1, green card, H-4 EAD, etc.
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?
Extending H-1/H-4EAD; working while extension pending
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?
Watch the Video on this FAQ: Extending H-1/H-4EAD; working while extension pending
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...
Physicians (FMG) NIW, AC21 portability, Teaching to clinical position
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)?
H-1B 60 days grace period explained
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?
Watch the Video on this FAQ: H-1B 60 days grace period explained
Video Transcript
H-4 EAD Status When Moved to Different Employer
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?
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)?
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.
Travel while H-4 EAD is pending
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.
Watch the Video on this FAQ: Travel while H-4 EAD is pending
Video Transcript
Getting unemployment payments on H-1B
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.
Watch the Video on this FAQ: Getting unemployment payments on H-1B
Video Transcript
H-1B title "Programmers" and USCIS site visits
Brief history - 7th year on H1, 140 approved.
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?
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?
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 .
H-1 I-94 given at the airport for a duration shorter than the H-1 approval, how to extend I-94?
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?
Fraud or misrepresentation findings in visa or petition, what should you do?
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
Video Transcript
1. Yes, if you can get a 212(d)(3) waiver for a limited time or limited purposes.
Changing from H-1 to F-1 and back to H-1
1. My H-1B is going to end in 2019. Is it legal to change my H-1B to F-1 after that?
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?
If H-1 transfer is denied, can I rejoin my old employer?
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?
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...
Can a revoked I-140 help for H-4 EAD?
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.
Watch the Video on this FAQ: Can a revoked I-140 help for H-4 EAD?
Video Transcript
Consequences of I-140 revocation
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).
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 ?
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?
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.
Do jobs have to be same or similar when I port my priority date?
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.
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?
H-4 EAD changing back to H-1
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?
2. Do I have to leave the country and get stamped and re-enter with H-1B status?
3. Will I get a new I-94 with latest 1 yr or 3 yrs approval?
4. How many days will the process take to change status?
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?
Watch the Video on this FAQ: H-4 EAD changing back to H-1
Video Transcript
Changing employers after 6 years of H-1 are over
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.
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.
Filing two quota H-1 petitions simultaneously through different companies
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?
2. I do not intend to inform both the companies. Will they ever know that another company has also filed H1B on my behalf?
3. What will happen in case both my H-1B petitions are approved (chances are rare). Can I join any company?
4. I also want to ask, is there any possibility USCIS can trigger RFE or NOID in case both H-1B petitions get approved?
Does the H-1 60 days grace period apply when one quits a job?
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?
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.
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.
Compelling circumstances EAD
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?
Watch the Video on this FAQ: Compelling circumstances EAD
Video Transcript
How does H-1 60 day grace period work?
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?
Watch the Video on this FAQ: How does H-1 60 day grace period work?
Video Transcript:
Physician FMG applying for Cap H-1 through a cap exempt employer
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?
2. If the lottery does not come through, can hospital apply subsequently for cap-exempt? Are there any risks with this approach?
3. Is a start date of July 1 possible with cap-subject?
AC21, changing jobs, when to file Supplement J
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?
Impact of the new I-140 regulations
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?
Watch the Video on this FAQ: Impact of the new I-140 regulations
Video Transcript:
Revoke H-4 EAD Regulation
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?
Watch the Video on this FAQ: Revoke H-4 EAD regulation
Legal Rights/Benefits of Green Card Compared to H-1B
After getting GC (emp based):
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?
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?
3. While applying for citizenship later, if W2 < LC salary for any given year, negative impact during interview?
4. Also, as a green card holder, can a person be self-employed(sole owner of LLC - and do 1099 contracting for US clients) ?
5. In above scenario, is it legal if you(LLC) did not make any revenue in between contracts?
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?
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.
Will H-4 EAD Rule be revoked?
1) Is it true H-4 EAD rule will be revoked by the government?
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).
a) If my PERM is not approved before my current H-1B visa expires. Can I change to H-4 EAD at that time?
b) If my PERM approved after change to H-4 EAD, Can I change back to H-1B?
c) Is it possible to convert from H-1 to H-4 EAD without taking a break in employment?
d) If my PERM gets approved after my current H-1B expires can my employer file for H-1B extension?
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?
4) If I apply for new H-1B is it comes under H-1 quota (After 6 years completes.)?
Watch Video on this FAQ: Will H-4 EAD Rule be revoked?
Video Transcript:
1. I don't think it will be revoked.
J-1 Physician applying for following to join after waiver
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?
The new regulations, withdrawal of I-140, H-1 extensions
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?
Changing Employers With An Approved I-140 After January 17 2017
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.
1. Shall I get H-1B extension (beyond 6 yr) in future with company-B after I-140 revoke from my previous employer?
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?
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.
When is an H-1B amendment required?
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 ?
Watch Video on this FAQ: When is an H-1B amendment required?
Video Transcript:
Should I travel outside the USA/H-1B visa stamping
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
Extension of H-1 beyond six years, gap in H-1, late in filing PERM, etc.
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).
1) If my PERM gets approved before my current H-1B visa expires (i.e. before 01-Jan-2018).
Would I be eligible for a H1B extension for 1 year since my PERM was approved before the current H-1B expiration?
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.
3) If my PERM is not approved before my current H-1B visa expires.
Would I need to go back to India?
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?
Regarding H-1B Extensions
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?
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.
Change of Status to H-4 - effect on priority date; maternity leave on H-1
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?
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?
What is new regulations for H-1 grace period, revocation of I-140 ?
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?
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.
Converting from another work status (such as H-1) to H-4 EAD
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?
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.
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
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.
1. Given I recently joined Company B will my jumping to Company C cause any issue to my H-1B visa?
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?
3. Will my I 140 which got approved thru company B still be valid? Can i use it for future extensions of H-1B?
4. Company B did not provide I-140 copy, how to obtain the same from USCIS?
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?
Am I Exempt From H-1 Quota If Visa Was Not Stamped
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.
Watch Video : Am I exempt from H-1 quota if visa was not stamped
Video Transcript:
H-4 EAD Employer Change
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.
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.
Changing Jobs After I-140 Approval
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 ?
Watch Video: Changing jobs after I-140 approval
Video Transcript: Under the current laws, if you change jobs after I-140 approval you keep your priority date, but you lose your right to H-1 extensions beyond what is given if your old employer revokes/withdraws the I-140.
Now answering your questions
I-94 Given for Duration Shorter than Entitled
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.
Name variation in diploma or degree, name change for immigration
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.
"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?
Gap in Status
A couple of questions on Gap in status:
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).
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 ?
Does H-4 EAD have to be applied again if H-1 changes jobs?
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?
Travel while H-1 COS is pending
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?
H-1 entering USA when visa is about to expire
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.
I-140 approved - H-1B renewal
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?
Yes, as long as the I-140 is not revoked.
H-4 and EAD
My wife has H-4 plus EAD. If my job details changes, will my wife's EAD will be affected?
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.
Is percentage arrangement acceptable as salary (H-1 and PERM)
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?
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.
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.
H-1 status and FMLA
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?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/1QbgUmUUJvc?t=1746
FAQ Transcript:
Pros and cons of H-4 EAD
My wife is on H-1B and became aware of her project end dates. We are currently evaluating the options of H-4 EAD.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
New company filing H-1
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?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
Green card pending conversion to and from H-4 EAD – H-1; Filing green card while in F-1 status
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.
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.
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.
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
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
Physician filing green card
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?
2. In your experience, is 1 year enough time to complete the EB-2 process?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
H-1B Laid Off Issues
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?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/F0YZD8zWm88?t=1068
FAQ Transcript:
If you get laid off on H-1B there is no grace period. You get laid off today tomorrow you are out of status.
Investment property while on H-1 (Buying and renting out a house)
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?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/F0YZD8zWm88?t=694
FAQ Transcript:
Correcting dates on I-94
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?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
For PERM is formal certificate required or completion of degree is enough
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.
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?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
Maternity leave on H-1, FMLA and status
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.
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?
State - New Jersey
Visa Type - H-1B
Question 1 - Will a $0 pay stub from employer be helpful to keep her in status while on leave?
Question 2 - Will letter from pediatrician suggesting 4 months of leave be helpful to keep her in status while on leave?
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 ?
We do have an option of moving her to H4 starting 30 Oct but would like to avoid the same.
If she changes her status to H-4,
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?
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.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
Changing employers - what immigration documents should I keep
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.
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 ?
2) For the documents above - would I need to have the originals or the photocopies ?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
Travel while H-1 extension pending – change in I-94 number
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?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
H4 - EAD validation if H-1B holder moved to another company
I have a question on EAD validity for the below scenario.
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.
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.
H-4 visa extension approved. Can I travel now?
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?
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.
H-1B Employee, telecommuting/working from home
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.
My Questions are
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.
2. Do I need any extra evidence to prove that I am telecommuting, therefore not within commuting distance from my office?
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
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
H-4 Visa Delay
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.
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.
H-4 Visa Approval
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.
H-4 visas do NOT require a USCIS approval for a spouse who is going to the consulate for visa stamping.
H-1 employer not paying
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?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
Simultaneous filing of H-1 amendment and extension
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.
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?
a) H-1B Amendment with Current Employer
b) H-1B Transfer to New employer while H1B Amendment is pending with Current Employer.
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?
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?)
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?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
H-4 EAD filing based upon I-140
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.
1) Can I file for H-4 EAD?
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?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/8N82R3qAiJo?t=569
FAQ Transcript:
Can I travel while my H-4 EAD is pending?
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.
I have a situation:
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.
Questions:
1) Will that be a Ok for her to travel to India while her H-4 EAD petition is pending?
2) How long will the petition will take to come to a decision (~estimate)?
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?
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?
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?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/8N82R3qAiJo?t=123
FAQ Transcript:
In which country must I apply for a US visa?
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?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/3Heaadpk1Ik?t=396
FAQ Transcript:
Requirements for Extension of H-1 beyond 6 years
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?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/3Heaadpk1Ik?t=273
FAQ Transcript:
H-4 EAD - Documents needed; name issues; processing times, etc.
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 )
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
FAQ Transcript:
H-4 EAD - Converting from H-1 to H-4 EAD - good idea or not?
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?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
FAQ Transcript:
Exempt from the H-1B Quota
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?
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.
H-4 EAD Filing
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 ?
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?
H-4 EAD COS pending; File green card while on H-4
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 ?
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 ?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/3Heaadpk1Ik?t=809
FAQ Transcript:
H-1 Receiving Payments for Past Work/Bonus (1099)
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?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
H-4 EAD Rule FAQ's
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)?
1. Is there any time frame within which H-4 should have job offer after getting H-4 EAD?
Considerations for AC21 job portability
My I-485 (based on EB-1) is pending more than 180 days. If I decide to change jobs under AC 21 rule -
(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?
(2) Do you advise to change using EAD or transferring H-1B?
(3) Based on your experience, will you advise to change jobs under AC 21 or stay in the present job until GC is approved?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/GtOqgqgEG6I?t=242
FAQ Transcript
Green card through two employers and future employer
I am in a very difficult/complex situation, the situation is as below:
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.
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? :
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? :
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. :
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? :
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. :
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).
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
How Does H-1 Visa Quota System Work?
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.
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.
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?
Also, is it easier to get the visa if I am there physically in the US or it doesn't matter?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
When do I become exempt from H-1 quota
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 ?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
Can I postpone H-1 status
Currently I'm on L-1A status and it expires in *** hence my employer is planning to file new H-1B this April not change of status. Here are my questions…
1) If I get H-1B this April, is it mandatory to work on H-1B from Oct 01, 2015?
2) Shall I continue with L-1A status until it expires and then can I change to H-1B?
See clip from Attorney Rajiv S.
Changing Jobs During Green Card
I am still in the process of getting a green card. During this process I want to change my job from a present one to another one that is more challenging than the present one. Would this in any way affect getting the green card or is it advisable not to shift jobs now?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
FAQ Transcript
Work for Old Employer When New H-1 Transfer Approved
I have a question on H-1B. I have an approved I-140 from company B and I'm currently working for company A on H-1B( valid till February 2015). Company B applied for H-1B transfer and also 3 year extension based on approved I-140.
I'm expecting H-1B transfer process to be over by 10th Dec 2014( as it was a filed under premium processing ) but I would like to join them only after Jan 1st 2015. In the meantime I would like to continue to work for company B till Dec 31st 2014. My question is how long can I continue to work for company A after successful transfer of visa (H-1B) to company B ?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://www.youtube.com/watch?v=3YV-qIlAEpI#t=2372
Error by USCIS Giving Time Beyond 6 Years on H-1
Error in last H-1B extension- now I-140 approved and I have been working on H-1B since 2005. In between, I changed to -F1 and also spent time outside USA. Cumulatively, I would have completed six years of working on H-1B by March 30 2015, after excluding stays in USA on non-H-1B status and stays out of USA.I changed my job in Feb 2014 and have been working with this employer since then. At the time of change, the current employer filed for a H-1B petition and requested an extension for three years – from Jan-2014 until Jan 2017, even though, if I added up all the time of work on H-1B visa in USA, I would have completed six years by March 30 2015.
My I-140 has been approved this month. Now I do not know whether my employer should file for an extension of H-1B (assuming that without the I-140 approval, I was allowed to work until I completed six years of H-1B in USA) or not file for H-1B extension, because, the last extension is valid until Jan 2017.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://www.youtube.com/watch?v=3YV-qIlAEpI#t=1831
FAQ Transcript
What happens is sometimes, USCIS by mistake gives you more time than you are entitled soon for your H-1. Let's say your 6 years is getting over in one year and they give you 2 or 3 years by mistake.
Obama's Immigration Action EAD At I-140 Stage
I am on H-1B Visa, got my I-140 approved in EB-2 Category and waiting for the dates to get current. Based on Executive Action, shall I be given any EAD ? Or at least any other forms so that I can travel and need not go for Visa Stamping and all the additional paper work.
I have heard that there is a proposal to allow filing of I-485
Unpaid Leave On H-1
I have a question on the unpaid leaves when outside USA while on H-1. I am on H-1 and recently went to India for stamping which was completed without any problem. I had paid vacation of 2 weeks, which I had already used and stayed in India for a month which is not going to be paid. My employer is saying these will be unpaid leaves and won't be running paychecks for these leaves and is mentioning that this won't be a problem in future as this is legal. I want to take legal opinion from you regarding what the law says in the above situation.
1. If I am out of US on unpaid leaves and won't get paid, will there be any issues on my H-1 status in future for transfer or GC?
2. If due to unpaid leave, W2 is less than the LCA, will it be a problem? If yes, what documentation we can show to USCIS to clarify to them why it’s less?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://www.youtube.com/watch?v=ujMQ79pgzX8#t=1516
FAQ Transcript
If you are on H-1, sometimes people ask me, I want to maintain status even though I am getting laid off. Can I be on unpaid leave and does maintain status?
Cross-Chargeability
I am working on H-1B. This week, I got my I-140 petition approved that was filed in EB2. I am Indian citizen born in India. My marriage is scheduled to happen in Jan, 2015. The girl is citizen of India and was born in Nepal. I have heard that after marriage, I would be eligible to file I-485 for both myself and my (then) wife, based on cross-chargeability rules.
1: Is my eligibility to file I-485 (based on the birth country of wife) and its approval thereafter dependent on discretion of USCIS? If yes, does USCIS generally approve or deny such I-485 petitions filed on the basis of cross chargeability rules?
2: Is there any reason due to which my wife and I would be denied from filing I-485 and there-after getting an approval of I-485 (leaving aside fraud matters)?
3: My fiancée is yet to get her passport made in India. I found that my fiancée does not have her birth certificate from Nepal. Is a birth certificate the only way to prove location of birth? If she gets her birth certificate made now, Does the USCIS create issues about a birth certificate made so many years after birth?
4: In my scenario (EB2 petition, primary applicant India born, wife Nepal born Indian citizen), How long (approximately) after filing I-485 would it take to get the green card?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://www.youtube.com/watch?v=ujMQ79pgzX8
FAQ Transcript
H-4 and I-140
Currently I am on H-1B and my wife in H-4, my company had recently filed for Green Card. It has been 6 months since the petition has been filed. My wife has about 5 years of work experience back in India. She is interested to work here now. What are the possibilities of her getting a job here in US. As my GC is in progress, can she start looking for a job once my I-140 is approved?
Until the pending H-4 EAD regulations are promulgated, the only obvious option for her is to obtain her H-1 through employment.
H-1B Visa stamping in general and in third countries like Canada
My H1B petition got approved through my existing employer and became effective 10/01/14 (I was on F1 OPT before). Where am I eligible to go to for doing first time H1B stamping, other than my home country (Russia) – can it be done in Canada, Mexico, or other countries? I have Masters from an American university, and over a year of working experience in the US. Also I’ve heard that starting June Canada has suspended doing first time H1B stamping, can you please provide any clarification, and also could you please advise what all options are available to me?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://www.youtube.com/watch?v=xp4B1_qhvtM&feature=player_detailpage&li...
https://www.youtube.com/watch?feature=player_embedded&v=ujMQ79pgzX8#t=1665
Sister Filed Petition
My sister filed petition for me last year maybe I-130. I am an Indian and my wife is Italian, I am in California nowadays since last week. Can we stay here permanently under I-485 or AOS whatever?
That category takes 13-14 years. During the time you are waiting for your priority date to be current, you cannot stay in the USA just because your green card is pending. You can, however, stay or come to the USA under a visa independent of the green card such as L-1, H-1. You can also apply for a green card in several categories simultaneously.
Writ of Mandamus for Govt. Delays
Hello Rajiv Ji,
Thanks for your time and responses (over the email). I have below questions.
1) I am an EB-2, with Priority date Jun-2008. Applied i-485 in Jan-2012. Cut-off date became current in July-2014. Through congressperson / infopass found that my application is in background checks.
1.a) I have given fingerprints 2.5 years ago and background checks are not cleared yet. so what are my options in expediting it?
1.b) My worry is the checks may not be cleared before next time dates become current, and I may be in the same situation again.
1.b) Can I use Writ of Mandamus? Does my case (485 pending for 2.5 years, current for 2.5 months, but background checks are not completed yet) have enough reasons to claim "unreasonable delay"?
2) I am using my EAD. My labor says "Senior Analyst" as my job title.
2.a) Can I accept a promotion with a director/managerial job title ?
2.b) or does it cause a problem / RFE in future? Duties are more or less similar and work on same software technology, but will have few direct reports and need to manage projects.
3) Can I switch to H1-B as a safe measure?
3.a) Does switching mean I am abandoning my GC?
3.b) Do I need to go out of the country for stamping or can I continue to work without going out?
3.b) what are the risks involved?
See the marked clip below from Rajiv's video recording for the answer to this question.
https://www.youtube.com/watch?feature=player_detailpage&list=UUm4s1qwOSz...
Can An Associate Degree Qualify For RN Based H-1?
Can I qualify for RN based H-1 if I have only an Associate degree in nursing?
The simple answer is, no, unless you also have 6 years of professional experience. Also note, not all RN's can qualify for an H-1.
Is CPT an Acceptable Way of Working?
My H-1 6 years are about to be over. No way to extend per lawyers. Can I move to CPT?
This is tricky. Usually CPT in the first semester is looked upon with suspicion by USCIS, unless: 1. yours is a graduate program; 2. the practical training is integral to the academic program; and 3. the employer has signed a co-operative agreement with the school.
I-140 for H-1B Extension
I have a approved I-140 with on H-1B for more than six years working for company A. If I change to company B I will get 3 years of extension for new employer B. If I leave employer B before my PERM or I-140 is approved with employer B and join employer C. How many years of H-1 extension I will get ? Can I get 3 years of H-1 extension using approved I-140 with employer A.
Unless and until the I-140 is revoked, your first approved I-140 can continue to be used for H-1 extensions for any number of employers.
Unless and until the I-140 is revoked, your first approved I-140 can continue to be used for H-1 extensions for any number of employers. - See more at: http://www.immigration.com/comment/13726#comment-13726
I-140 Pending Approval
I am currently on second year of my H-1B. My PERM is approved with a priority date of March 2013; I-140 is filed and pending approval. I am hoping this would be approved in July 2014. My question is I am planning to switch employer. Can I carry over my priority date with new employer? If so, are there any conditions like minimum period to wait after I-140 is approved to carry over the Priority dates to new employer?
The priority date is yours the mo
USCIS Updated Questions &Answers on the H-1B Employer-Employee Relationship
Does this memorandum change any of the requirements to establish eligibility for an H-1B petition?
No. This memorandum does not change any of the requirements for an H-1B petition.
Retaining PD
Approved I-140 having PD December 2012 with company A. Currently on 6 year H-1B. Will be transferred to company B. I guess I will be getting three year extension with approved I-140. Can I retain old PD once GC process is started by company B, even if company A withdraw I-140 ?.
Employees retain PD even if the o
Cap Gap Extension Rules
I am on F-1/OPT extension which expires on March 2014. Is there any grace period so that my employer can file my H-1 visa. Do I loose my status after March or is there any grace period. If I come under current status when can I file my H-1?
When your application for H-1 is filed within 60 days of OPT
H-1 Through Multiple Employers
I am planning to apply for H-1 through multiple employers. What are the precautions I need to take. I have my project end date in August, one of my employer will be representing with my current job. Will it be a problem later if the client details does not match ?
If you are a quota applicant, you can apply through as many unrelated companies as you like. Do not be a party to any misrepresentation.