H-1B Visa

H-1B visa is reserved for "specialty occupations." Those that require a at least a bachelor's degree in a specific subject or closely related subjects.

Loss of job/laid off during Covid/Coronavirus times

4 years ago By Chief Editor

Question details

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?

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FAQ Transcript

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H-1B visa holders during COVID

4 years ago By Chief Editor

Question details

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.

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FAQ Transcript

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April 16, 2020, Recording of Free Community Conference Call (Every Other Thursday)

4 years ago By Chief Editor

Citizenship and Naturalization

Nonimmigrant Visas

Green Card

Substantial transcription for video

April 16 Call, Discussion Topics and FAQs

Applying for tourist, visitors, B-1, B-2 to maintain status || Effect of take over on L-1 || EB-1C International Managers/Executive Green Card portability || I-140 revocation || Aged out disabled children || Losing job after AOS I-485 interview || H1b visa holders during COVID

Canadians living in USA || False claim to US Citizenship || Joint affidavit of support || Expired green card || Impact of NOIR on approved H-1B ||Maintaing H-1B during AOS

April 2, 2020 Recording of Free Community Conference Call (Every Other Thursday)

4 years ago By Chief Editor

Nonimmigrant Visas

Immigration Law

Covid - Coronavirus

Green Card

Substantial transcription for video

Discussion Topics, Thursday, 2 April 2020

FAQs related to Covid Caronavirus:

Loss of job while in AOS I-485 period || Question from Employers about Payroll for H-1B and others L-1, E, etc. employees || Extension of B-1-B2 (tourist visas or business visas) ||

H-1B employee furlough's impact on green card and H-1B || Converting to B-1 B-2 status || H-1B denial || Changing H-1B home office location ||

Other FAQs: Accepting Unemployment Payments on nonimmigrant visas (H-1B, L-1, E visas, etc.) and/or on green card || Applying for green card for parents who are visiting/in the USA || H-1B lottery winner employee change of employers

FY 2021 H-1B Cap Petitions May Be Filed as of April 1

4 years ago By Chief Editor

WASHINGTON — U.S. Citizenship and Immigration Services today announced that H-1B cap-subject petitions for fiscal year (FY) 2021, including those petitions eligible for the advanced degree exemption, may now be filed with USCIS if based on a valid selected registration.

Transfer of H-1B while extension is pending

4 years ago By Chief Editor

Question details

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 ?

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FAQ Transcript

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

4 years ago By Chief Editor

Nonimmigrant Visas

Green Card

Substantial transcription for video

Discussion Topics, Thursday, 19 March 2020

FAQ: EB-1C - What if my priority date does not become current before my L1A expiry? Should I file an H1B for safety? If I do, will I get moved from EB1 to EB2 ? Should my wife try for H1B ? Is there any maximum number of tries for H1B? If neither me nor my wife manage to get a H1B visa in the next 3 years, is it ok to exit the country and come back when EB1 priority date becomes current ? What visa will I come back with? || Loss of job/laid off during Covid/coronavirus times

OTHER: Moving from a cap exempt H-1B, extension etc. || Apply for an H-1B extension while another MTR is pending || Rejoining old employer after withdrawn I-140 || 60 days grace period for H-1B || Travel during EAD/AP renewal || H-1B transfer or AC21?

What to do after an H-1B (or L-1) denial

4 years ago By Chief Editor

Question details

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 ?

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FAQ Transcript

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Work duration and damages contracts under H-1B

4 years ago By Chief Editor

Question details

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?

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FAQ Transcript

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Major H-1B Victory for the IT (and Consulting) Industry Against the USCIS - ITSERVE ALLIANCE, INC. Lawsuit

4 years ago By Rajiv S. Khanna

On 10 March 2020, a Washington DC Federal Court overturned the USCIS highly restrictive

standards applied to the consulting industry. This decision has a major positive impact on the IT

industry.

Judge Rosemary M. Collyer held that the USCIS must not administer justice through random

memoranda and must, if it wishes to change the regulations, do so through a formal process. In

fact, the USCIS seems to have illegally targeted the IT industry (“special treatment”):

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