Denial of H-1B on Level 1 Wage Issue

Question details

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? <br>

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.

FAQ Transcript





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Effect of Moving Abroad While Still on H-1B Visa

Question details

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 -<br>
1. If I change the employer in India, is there any way I can come back? What all options I will have?<br>
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.

FAQ Transcript





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Effect of a Speeding Ticket on Green Card or Naturalization/Citizenship

Question details

I got a speeding ticket ( It is not related to DUI and no arrest, just a ticket) recently. I didn’t contest the ticket and plead guilty by paying fine of 170$, I have receipt of payment. Do I have to wait for another 5 years from the date I got a ticket (Good moral character period of 5 yrs as per USCIS) to apply for US citizenship to show good moral character?

FAQ Transcript





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Questions Asked in Consular or Adjustment of Status Interview for Employment Based Applicants

Question details

I am now in the last stage of Green card and attending interview in Consulate in India for Employment based green card interview.<br>

I have the recent offer letter from my employer. I saw from your 2012 blog you have mentioned that the employment based consular interview is difficult from foreign country consulate with some example.

Has it improved anything better recently. What type of questions can I expect. Also I have recently relocated to another city in India because of which I have resigned my current job and at the same time waiting for this green card. I have not worked with the prospective employer till now but have the offer with recent date. So did not try for any job. I am an experienced person of 15 yrs exp and just out of job for the past 5 months. Will that hurt anything? Do I need to have one on one consultation with attorney better to be safe?

FAQ Transcript





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

Recording of Free Community Conference Call (Every Other Thursday), Nov 2, 2017

Immigration.com

Substantial transcription for video

Discussion Topics, Thursday 2 November 2017:

-H1B Amendment Approved without I-94 attached

-Changing from Non-Profit (Cap-Exempt) H1 to Profit (Cap-Subject) H1 and GC filing

- Family based second category GC (F2A)

- Transfer J-1 Visa

- H1 and H4 Extension approvals

- Upgrading H-1 B to premium processing

How to Read the Visa Bulletin

Question details

In the USCIS Visa bulletin along with the Dates of Filing chart for Employment-based Category the following there is a link to visa bulletin info
<br>
Purpose of this link:<br>
This page will tell if the Dates of Filing for Employment-based chart is valid or not. If it refers back to visa availability dates chart for Employment-based Category then Dates for Filing of Employment-based Category is no longer valid for the current month of publication of USCIS Visa bulletin.

FAQ Transcript





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