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Provision Allowing Special Immigrant Juveniles to File Form I-360 in Person Before Their 21st Birthday

1 year ago By Chief Editor

Petitioners for Special Immigrant Juvenile (SIJ) classification (or their representatives) may schedule an appointment within two weeks before their 21st birthday to file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, in person.

SIJ petitioners must file Form I-360 before their 21st birthday. SIJ petitioners nearing age 21 may call the USCIS Contact Center at 800-375-5283 to schedule an SIJ expedite appointment at a local field office so they can file Form I-360 in person within two weeks before they turn 21.

EB-5: Employment Based Immigration – Immigrant Investor Program

1 year ago By admin

Congress created the Immigrant Investor Program, also known as the EB-5 program, in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors.

Eligibility

To qualify for the EB-5 program, a foreign investor must make a minimum capital investment into a new commercial enterprise that creates and/or preserves permanent full-time employment for at least 10 qualified U.S. workers.

You may be eligible to be classified as an EB-5 immigrant investor if you:

Green Card

EB5 Green Card

USCIS Updates Policy on Time Frames for Paper-Based Filings and Responses Ending on Saturdays, Sundays, or Federal Holidays

1 year ago By Chief Editor

USCIS is updating the USCIS Policy Manual (PDF, 317.61 KB) to address situations when the last day to file a benefit request or respond to a USCIS action falls on a Saturday, Sunday, or federal holiday. In these situations, USCIS will consider a filing or response submitted on paper timely if USCIS receives it by the end of the next business day.

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

1 year ago By Chief Editor

Nonimmigrant Visas

Immigration Law

Laid off

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

Laid off while waiting for or after getting a visa (H-1, etc.)

1 year ago By Chief Editor 1 comment

Nonimmigrant Visas

Immigration Law

Laid off

FY 2024 H-1B Cap Season Updates

1 year ago By Chief Editor

Release Date

03/27/2023

H-1B Initial Electronic Registration Selection Process Completed

Multiple visas on passport: B-1/B-2 and H-1B Validity

1 year ago By Rajiv S. Khanna

Question details

Namaste! Rajiv ji, I have been listening to your podcasts discussing various situations and scenarios with valuable information about real life examples you share during your weekly podcasts and want to thank you for your time helping people like me through your forums. I have a question if you could share your thoughts on it I will greatly appreciate your response. If someone has a B-1 B-2 Visa valid for 10 years. Then they get H-1B Visa for 3 years and enters US using it. What happens to the B-1 B-2 Visa? Is it cancelled after H-1B is issued? If not, what if H-1B Visa expires or if it is revoked prematurely, does B-1 B-2 Visa still remain valid and can be used for travel in and out of US? Thank You!

The SOP should be that all existing visas are revoked when you apply for an H-1B. But, normally, consulates do not revoke existing visas like B-1/B-2. In such cases, those visas are still valid.

Read more about Multiple visas on passport: B-1/B-2 and H-1B Validity

H1B transfer from cap exempt to non-exempt

1 year ago By Rajiv S. Khanna

Question details

I want to know how to transfer H1B from cap-exempt to non-exempt.

You will have to go through the lottery system to transfer. But concurrent employment is possible, keeping both exempt and non-exempt H-1B jobs simultaneously.

Read more about H1B transfer from cap exempt to non-exempt

1099 on 2nd Concurrent H1B

1 year ago By Rajiv S. Khanna

Question details

Can I work part-time as 1099 (independent contractor) on a (concurrent) 2nd H1B? The work is related to my expertise/education and I currently have a full-time primary H1B employment.

An H-1B requires a W-2.

Read more about 1099 on 2nd Concurrent H1B

Does an H-1B Transfer approval overrule an earlier transfer?

1 year ago By Rajiv S. Khanna

Question details

I am on my 60 days grace period. I am doing H1B transfers and have one offer from a staffing company that I have joined already, and one offer from a full-time company. The staffing company has filed an H1B transfer in premium, and the full-time company is yet to file this coming week.

I have joined the staffing company. Suppose if H1B transfer with the staffing company gets approved this coming week. Does that transfer from my ex-company to a full-time company still stay valid, or now as H1B with the staffing company is approved I have to transfer it from staffing to a full-time company?

If two companies file for your H-1B transfer within the 60-day grace period, both approvals of the transfer are valid. One does not overrule the other. You can choose either one.

Read more about Does an H-1B Transfer approval overrule an earlier transfer?

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