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

2 years ago By Rajiv S. Khanna

Question details

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

2 years ago By Rajiv S. Khanna

Question details

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

Applying for H4 visa for my 15 yr old child

2 years ago By Rajiv S. Khanna

Question details

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).

FAQ Transcript

H4 STAMPING

2 years ago By Rajiv S. Khanna

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

Pharmacist H-1B

2 years ago By Rajiv S. Khanna

Question details

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

H-1B petition after F-1 rejection

2 years ago By Rajiv S. Khanna

Question details

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

Naturalization: Jurisdiction and place of residence and traveling while the application is in process

2 years ago By Chief Editor

Question details

1) Can we file for naturalization in a different state other than the state of residence. If I live in Texas, can I file for naturalization in California?
2 ) Can we travel abroad and come back with the Naturalization application in process.

FAQ Transcript

1. You have to file where you have been domiciled for 90 days at least. You have to be living where you apply for naturalization.
2. If it is less than six months there shouldn't be any issues.

"Same or similar job" criteria for green card AC21 portability

2 years ago By Chief Editor

Question details

1) I-485 Filed under EB 3 Downgrade - More than one year back and pending
2)Independent I140 Approved both in EB2 and EB3 (Not as Amendment)
3) Currently working on H1B Work Authorization
4) I-485 EAD and AP Available but never used (EB3 Category)

Questions: -
1) If you change your job but by transferring your H1B (Change of Employer) and NOT use EAD, would the AC21 still apply (Same or Similar Job constraint) if you want to keep the I-485 alive?2) You said the last call that for Same of Similar Determination - USCIS Looks at all aspects:
a) Do the Job Duties and Actual Job Title need to be a dollar-to-dollar match?
b) Job Location Changes (One City/State to Another) and Job Mode Changes (From Onsite to Hybrid or Fully Remote) - Allowed?
c) Compensation Differentials - Positive or Negative - Any specific considerations/grey areas

FAQ Transcript

1. Absolutely fine. There is no law that states that in order to enjoy job portability you must necessarily use your EAD. In fact, in ninety nine percent of the cases I would advise you to transfer on H-1B simply because if there is a problem with your I-485 we are on solid footing to fight it out, otherwise you would be out of status and unlawfully present if your I-485 is denied. Hence definitely keep your H-1B active.

2. That depends. It doesn't have to be a one-on-one match job location. You can move from one state to another as this is a part of AC21 compensation. The only time you will have a problem is if the compensation is unexplained and it's a huge jump. Always ask an attorney who understands your situation to review your file.

While waiting for OPT approval, is "unpaid leave of absence" a violation of the student status?

2 years ago By Chief Editor

Question details

Is it considered a violation of F-1 status to be on "unpaid leaves of absence" instead of being unemployed while waiting for OPT approval?

FAQ Transcript

In my opinion, if you go on leave without pay you are only entitled to benefits or not even benefits as long as you are not working. I do not consider this to be a violation of the student status.

Can a green card be filed while an employee works outside the US?

2 years ago By Chief Editor

Question details

Is it eligible for green card sponsorship if a job allows working remotely?

FAQ Transcript

There is no requirement that you must be in the United States when your green card is filed. It can be filed while you are still outside the United States.

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