Immigration.com

Rajiv's Comments in the News - US plans to tighten norms for employee transfers

5 years ago By Chief Editor

Published by : Times of India - Article by: Lubna Kably  - Date: November 22, 2019  

Quotes and Excerpts from Rajiv in the article:

Rajiv Khanna, Managing Partner at Immigration.com told TOI, “For L-1B, under the statute, the beneficiary (proposed visa holder) is deemed to have specialised knowledge if he or she has ‘special’ knowledge of the company’s product and its application in international markets. An ‘advanced’ knowledge of the processes and procedures of the company also qualify.”

Changing Employer After Receiving Employment Based Green Card

5 years ago By Chief Editor
Question details

Couple of months back I received Employment Based Green Card (H1b to GC) and my dependents received Green Card too (H4 to GC). I had the intention to work for the Employer who sponsored me for the Green Card forever during applying for the Green Card and during the Green Card Interview too. However after working for couple of months for the employer now I am feeling that I should be changing the Employer to a different one near to my home due to the following compelling reasons: I am a Heart Patient and facing Health Issues due to the Travel (4 hours flight travel) that I am making every week to work in the Employer's Client Location for work.
And if I continue to perform my job this way I will affect my health. All the efforts I made to request a work near home did not materialize.
I am planning to search for a new job near my home and if I get it I am planning to put in a Resignation to the present Employer stating the facts about my Health Problems and join the new one.
My Question:
1. Will I face any issues now or in near future during I submit my Citizenship Application due to my employer change just after 2 months of getting the Green Card? If so what are the steps I should take to avoid it?
2. I am planning to save my Payslips / W2 of the Present Green Card Employer and my Heart Health records. Is there a Minimum duration that USCIS expects a Green Card Holder to work for the Green Card Employer?

FAQ Transcript

Video Transcript:

1. No. 

2. Duration is not reliable.

 

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Rajiv's Comments in the News - H-1B visa denials at all-time high

5 years ago By Chief Editor

Rajiv S Khanna, Managing Attorney at law firm Immigration.com, said, “Rate of denials have gone up across the board in all legal immigration cases, especially (relating to) H-1B visas. The government has created an environment where the responses for the RFEs have increased from 30-50 pages to 600-1,000 pages for an H-1B case. It has increased its own burden of processing cases and that’s why cases are taking much longer to process than they used to.”

Rajiv's Comments in the News - US officials site-visiting cos hiring STEM-OPT trainees

5 years ago By Chief Editor

“A STEM-OPT employer must not assign, or otherwise delegate its training responsibilities to a non-employer third party such as the client’s employees,” explains Rajiv Khanna, Managing Attorney at Immigration.com

For more on this news please read the attached file.

When does one become H-1B cap exempt - change of status/visa stamp?

5 years ago By Chief Editor
Question details

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.

FAQ Transcript

In your case if we counted from six years from August 2013 when your H-1B was approved, you are then okay or cap exempt till August 2019. But again, the policy has been that they count the six years from the date your H-1B expired which is 2014 not 2013. Policies can change overnight so I think you can apply for an H-1B exemption as an H-1B exempt worker.

 

Impact on Current H-1B if Another H-1B is Denied

5 years ago By Chief Editor
Question details

I am already on a cap-exempt H-1B working for a non-profit full time. Another employer filed my H-1B 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.

FAQ Transcript

FAQ Transcript

1. No, not if you are maintaining status. 

2. If the case was denied just for maintenance of status and you have the pay stubs that are required then there is a very high likelihood the case will be reopened. If the petition is denied, then you are still subject to the H-1B quota. More...

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Rajiv's Comments in the News - New US Bill seeks to end optional practical training

5 years ago By Chief Editor

“A bill that proposes to take away over a quarter of a million temporary positions, primarily in STEM, makes little sense in an economy that has less than 4% unemployment,” says Rajiv S Khanna, managing attorney at immigration law company Immigration.com.

For more on this news please read the attached file. 

Rajiv's Comments in the News - Explain H-1B delays & denials, US court orders immigration agency

5 years ago By Chief Editor

“The law permits H-1B visa holders to be non-productive as long as they are paid. It is important to note that employers cannot bench employees without payment of their full salaries,” explains Rajiv S. Khanna, managing attorney at Immigration.com 

For more information on this news please read the attached file.

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