Layoff after H-1B Lottery Selection

Question details

Hello Rajiv, I recently got layoff from my employer but I was lucky enough to get selected for the H-1B lottery. The bad thing is that they still haven't submitted my H-1B petition yet. I am wondering if I have an offer from a different/new employer, will they be able to file the H-1B petition for me?

Unfortunately, lottery selection cannot be transferred to another employer. If the H-1B is approved and not withdrawn before October 1, it can be transferred.

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

H4 stamping on H-1B extension without H-1B current stamping

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Hello, I have my current h1 valid till Sep 2022 and my extension has been approved. If my spouse went for h4 stamping in Sep after my current h1 gets expired, Do I need to get my visa stamped first for the extension or only extension I797 will be suffice to get h4 stamping. Thanks, Ashish

US consulates in recent years have not insisted on H-1B visa stamping before they stamp an H-4 visa.

FAQ Transcript

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Interfiling - The downgraded EB-3 I-140 amendment is still pending?

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Hello Rajivji, Following up on the above question: if the downgraded EB3 140 amendment petition is not yet approved, could we then interfile with the previously approved EB2 140? Since the EB3 140 filed as an amendment is not yet approved, is the previously approved EB2 140 still active and valid? If so, can we use it for interfiling? What is the right thing to do? Please advise. Appreciate your guidance!

I see no problem with interfiling as long as the 140 amendment is not approved (it should have been filed as a "new petition"). You need your lawyers' review and the final decision, but legally, I see no issue.

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Currently on O-1; EB-1A filing resume review

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I am on a O1-A visa for 3+ years. I am looking to file my EB1-A. 1. I have published and authored journal publications 2. Also, I have peer reviewed journal/conference papers. Following is the link to my google scholar : https://scholar.google.com/citations?user=2OnK284AAAAJ&hl=en Please could you provide a feedback on my chances on EB1-A approval?

Rohit ji, if we have not already spoken, please email me your resume to help at immigration dot com. We do not charge for resume reviews. Usually, an O-1 is a good sign that you may qualify for an EB-1A or an EB-1B.

FAQ Transcript

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Using old I-140/H-1B for new employer while relocated to India

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I have an H1-B/ I-140 question for you and your team. Please see below: I came to India in 2019 to get my H1 stamped along with my family and got stuck. I got a 221(g), and RFE during the process but my employer got things sorted out. Then my employer also amended my petition and I re-appeared for visa stamping interview and got stuck again due to an ‘end client’ issue. Then Covid made things worse in 2020. Questions for your team: I have an approved I-140 with my old firm (on Eb-2) with a priority date of Jan 29, 2014. I am not on a US payroll since I came to India (in 2019) & my last approved petition also expired in Jan 2022. If a new firm had to take over my H1-B case can I re-capture the unused time (time stuck in India for almost 3 years) beyond my first 6 years of H1-B with this new firm/petitioner ? If so, can I port my old I-140 (& old priority date) to the new H1 petitioner after coming to US? What is the porting time frame after coming to US? Is Premium processing available for porting old I-140 (& priority date) to the new employer? Since my priority date is current, I wanted to know if my new employer can file for AOS upon my arrival in the US. Your help and feedback on the above matter will be greatly appreciated. Thanks!

Q. Can I re-capture the unused time (time stuck in India for almost 3 years) beyond my first 6 years of H1-B with this new firm/petitioner?
A. Yes, you can.

FAQ Transcript

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

H1-B related job and major field of study

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I had a doubt, I got MS in Cybersecurity at the University of North Carolina at Charlotte. I had talked to a few of my seniors and my dad's friends who live in the US regarding the job opportunities, they said that you will be having fewer openings compared to other fields or profiles. So I would like to know if I pursue a Software Developer Role or some role that is not related to Cybersecurity, will it be a problem at the time of the H1-B Visa Interview? Can you please guide me as i am feeling i am stuck between these issues?

The H-1B laws require only that your offered job must require the type of major you graduated with. For example, a major in Computer Science or Information Technology may be a fit for the jobs of a Software Develop, Systems Analyst, DBA, Systems Admin, or a Data Architect.

FAQ Transcript

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Applying for H4 visa for my 15 yr old child

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Hi just want to ask if I can apply my 15 yrs old child an H4 visa while I'm already here in the US. I am a single mom. If so, can he have a visa interview alone, without me having to come home to accompany him?

Contact them, support-india@ustraveldocs.com. This is the fastest and best way to reach us. We read every email and strive to reply within 3 working days. Occasionally, complicated requests can take longer.

Telephone:(91-120) 4844644, (91-22) 62011000 and 1-703-520-2239(for all calls from the United States).

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

H4 STAMPING

Question details

I transferred my H-1 to new company but my child still holds the old H4 which has validity till 2023 2023 March. Will he be able to use that H4 to get stamped while going to India now.

H-4 visa is not tied to your employer. Your change of employer does not affect a valid H-4 approval or visa.

FAQ Transcript

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Pharmacist H-1B

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I was selected for cap H1B. I am looking to file for pharmacist position in MD. However, at the moment I do not have a MD state license. I have a PA state license. Will I be able to apply for H1 without the MD state license. I will be able to get the license before October but not by end of June. What other positions can I apply for to get H1 with Pharm D

Currently, if you do not have a license, but it has been applied, the USCIS should approve for a full three years if they send an RFE and the license is approved by that time. Otherwise, they should approve for one year.

FAQ Transcript

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

H-1B petition after F-1 rejection

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Hello, this is for my niece, a 28 years Engineering graduate from India, with 4 years of IT development work experience. She got her name in H1b lottery through a small consultancy firm and the consultancy firm is asking us to pay H1b fee to proceed further. But in her case, she have had a F1 student visa denial about 3 years ago and so we are debating if she stands a chance to get H1b or is it more likely to get denied again since she is coming through a smaller consultancy firm. Any advice will be highly appreciated.

The H-1B fees and expenses must be paid by the employer. It is illegal for them to demand any fees from a potential employee.

FAQ Transcript

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.