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Recording for May 04, 2023 Conference Call with Rajiv S. Khanna

1 year ago By Chief Editor

Nonimmigrant Visas

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FAQs

- Switching employers while one's spouse is on an H-4 visa and the steps to ensure a smooth return to the U.S.

- H-1B or green card misrepresentation: Legal options and consequences for fighting back against USCIS

- Options for extending stay in the U.S. after layoff as an international student pursuing a Master's in IT

- Potential visa complications for an H-1B visa holder due to past employment with a blacklisted company and alternatives for obtaining an H-1B stamp

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Handling H-1B visa and layoff : What happens if I get laid off before or after stamping my visa in India?

1 year ago By Chief Editor
Question details

I got my H1B visa approval recently and I have got my stamping date in May. My company is going through a bad phase financially and has had 2 layoffs (might do another layoff in next few months) I go to India for stamping and get laid off before getting my visa stamped (Can I come back to the US with 60 days left? Can I get my visa stamped if my company pays me for another month or so considering that my last day is a month later? Can I get my visa stamped even if my last day has passed)I go to India for stamping and get laid off after getting my visa stamped (can I come to US and do my job search) If I get laid off while in India but have an offer letter from another company (H1B transfer done/ transfer to be done after returning to US)

 

FAQ Transcript

This is a pertinent question. I don't think you should go for visa stamping if you have been laid off. If you do go, you should make it clear to the consulate that you have been laid off. However, under the law, you have a 60-day grace period during which you intend to apply for another job. I don't think it's going to work like that. I don't remember the details of the regulation off the top of my head, but I think there might be some restrictions against travel.

An offer letter is not good enough just to get the H-1B approval. Then, I don't think there's a problem with traveling.

 

Rajiv's Comments in the News - If H1B visa holders lose jobs, can spouses continue to work? Expert take on H4 work visa ruling

1 year ago By Chief Editor

Published by: Live Mint: April 03, 2023
https://www.livemint.com/news/world/if-h1b-visa-holders-lose-jobs-can-s…

Quotes and Excerpts from Rajiv in the article:

Immigration expert Rajiv S. Khanna stated regulations aim to provide greater opportunities for skilled foreign workers and their families to settle and contribute to the US economy.

March 25, 2023, Rajiv in QnA on behalf of students and young professionals

1 year ago By Chief Editor

Nonimmigrant Visas

Immigration Law

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Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney

Recording for March 23, 2023 Conference Call with Rajiv S. Khanna

1 year ago By Chief Editor

Immigration.com

Nonimmigrant Visas

Immigration Law

Green Card

Discussion Topics - March 23, 2023

FAQs: Handling H-1B visa and layoff : What happens if I get laid off before or after stamping my visa in India? || Marriage and relocation to the U.S. : Quickest path for prospective fiancé of U.S Citizen living in India || AC21 AOS portability: Pending AOS I-140 withdrawn before 180 days || What to do if one is in India during the PERM and I-140 process ||

Volunteering on a non-profit board committee while on H-1B or H-4 visa: Implications for visa stamping and green card process

1 year ago By Chief Editor
Question details

Can a person on H-1B or H-4 visa be on the Board committee (Vice President) for the US based non-profit religious organization without pay (volunteer) ? Would it create any issue on visa stamping or GC process?

FAQ Transcript

You can work if the company is non-profit. There is no issue as long as you do not get paid in any way. If it is a for-profit company you could have a problem unless they tailor make the program according to the principles of labor laws.

Filing H-4 and H-1 simultaneously || Status of F-1 once H-4 is approved || Most efficient way to get EAD F-1 or H-4?

1 year ago By Chief Editor
Question details

My case in brief:

I am currently of F1 OPT (STEM), valid until 15th June 2023.

My company will be filing for H1B this March.

However, I am wondering if I should be filing for an H4 visa simultaneously.

Could you tell me how long it takes for an H4 visa and an h4 EAD to process?

If I file for an H4 visa in February, would I lose my f1 visa as soon as the h4 visa is approved?

Is there any new policy where I can get h4EAD sooner? And moved my F1 EAD to h4 EAD without any employment gap?

Should I wait for the h1b result before applying for an h4 visa?

What is the best scenario to switch from F1 OPT EAD to h4 EAD, without/minimum employment gap?

 

FAQ Transcript

If you have been selected in the lottery, you will get a cap gap extension.  If you do not get selected in the lottery, then obviously you have to go to H-4, you have plenty of time to figure that out. As soon as the change of status is approved, you lose your F-1.  Premiuming through your husband would be great if that works for you.

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