We were very apprehensive about the problems and delays in getting the required visas. Our consultation with another immigration attorney was not very reassuring. On s friend's recommendation we consulted Rajiv. And things changed. Rajiv and his staff got our work done in no time. That was only part of it. The thing that impressed us most was their highly professional approach, sense of duty, and client-always-comes-first attitude. Whenever we phoned and/or visited their office, both Rajiv and his staff, Charu in particular, made us feel at home and gave us patient hearing, their own very busy and tight time schedule notwithstanding. Thank you Rajiv. Thank you Charu.
Rajiv and his staff are very professional, helpful, patient, clear, prompt, precise ... The list of adjectives goes on. In short, contact his office for any immigration needs ..
I am on H1-B with approved I140. My I94 expired on 10th October and my H1 extension was filed in time. After 7 months of processing time I got RFE even though my employer has filed two service requests requesting to expedite the process. Regardless now that I have got the RFE there is a very high probability that I wont get a response before 240 days which is on 6th June. As far as my understanding goes I am allowed to stay even after 240 days of H1 extension waiting for the decision but not authorized to work. Is that understanding right?
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.
What happens if somebody on H1B loses job while in AOS ( interview done)? Can he/she be without job for an extended period of time? Does the status change to AOS automatically? Have you seen a rejection in I-485J that’s filed after change of employment under a SOC code that’s not same as earlier SOC code but Job Description is similar? What happens if I-485J is denied? Does USCIS allow a new I-485J to be filed?
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.
U.S. Citizenship and Immigration Services today announced that it will resume premium processing for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers, in phases over the next month.
USCIS is introducing a new interactive voice response (IVR) telephone system today for English and Spanish calls to the USCIS Contact Center. The new IVR system personalizes the caller’s experience by giving the caller the ability to:
Rule creates new requirements for CNMI employers to protect U.S. workers
WASHINGTON—The Department of Homeland Security (DHS) has announced a temporary final rule to change certain H-2B requirements to help support the U.S.
WASHINGTON — U.S. Citizenship and Immigration Services today announced that U.S. service members and veterans can now file Form N-400, Application for Naturalization, online.
In response to the coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services is extending the flexibilities it announced on March 30 to assist applicants and petitioners who are responding to certain:
I have a question regarding the impact of the recent Executive Order on my parents' greencard application, which is currently underway. I’m a US citizen (India-born, recvd greencard via EB category) and have sponsored the greencard application for my parents, who live in India, via consular processing. I-130 is approved, and we filed DS-260 and Form I-864 on 4/22 before EO was announced. Does the EO impact their case, or given it’s already in-progress (past I-130 approval), will it continue unaffected?
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.
My father is having a B1/B2 visa till 2025. He came to visit me on Feb 12, 202. He has stamped (I-94)till August 4, 2020. Due to this COVID-19 situation, I would like to extend his stay in the USA on B1/B2. He visited the USA multiple time from 1987 to 2020.
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.
FAQs:
- Covid Coronavirus: H-B during Covid, H-1B not sure if I am laid off, LCA/H-1B amendments, and travel during H-1B
- H-1B start own business or invest
- Promotion after getting the green card
- Extraordinary circumstance EAD
- Extension of tourist stay during Covid
- H-1B delayed entry
Discussion Topics, Thursday, 28 May 2020:
FAQ: Applying for I-485 through a past employer or through a new employer || L-1A moving back to home country with green card pending || Can green card be applied for an old job under the international manager EB1C category? || Applying for naturalization/citizenship under Trump administration || Effect on H-1B of working from outside the USA || Laid off while green card is pending
Other: Porting priority date from EB-2 two EB-1C as international manager || J-1 gap in status/O-1 visa || H-1 RFE converting to H-4 || Amendment or extension timing || Nunc pro tunc or consular processing of H-1B || H-4 extensions || OPT and CPT times || International adoption procedures || F-1 student working in the USA for a foreign company, etc.
USCIS recently updated the following form(s):
Form G-884, Request for the Return of Original Documents
11/09/2023 03:22 PM EST
Edition Date: 11/09/23. Starting Jan. 29, 2024, USCIS will only accept the 11/09/23 edition. Until then, you can also use the 12/02/21 edition. You can find the edition date at the bottom of the page on the form and instructions.
FAQs: H-1B visa transfer before arrival into the USA|| Employee paying for green card and H-1B premium costs || Using an old H-1B visa stamp of a different employer
This is regarding the H-1B transfer from India before working for Employer.
I have the H-1B visa stamped with employer A, but now I want to transfer the H-1B to Employer B. I have not yet entered the USA and I have not started working for employer A.
Can I transfer the H-1B visa to new Employer B, and what are the mandatory documents that are required?
Also, I wanted to know if the pay slips are mandatorily required for H-1B Transfer as I don't have any. Looking for more details about pay slip requirements.
If I can transfer my H-1B to Employer B, then should I travel to the USA and then start the process or should I do it from India?
Yes, you can transfer your H-1B visa from employer A to employer B even if you have the visa stamped with employer A and haven't entered the US. Pay stubs are not mandatory for this transfer, and you can travel on the old visa stamp with the new employer's H-1B approval. However, it's advisable to consult with H-1B lawyers before traveling. Ensure you obtain the H-1B approval from the new employer before entering the U.S.
Number 85
Volume X
Washington, D.C
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
This bulletin summarizes the availability of immigrant numbers during January for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.
Release Date
U.S. Citizenship and Immigration Services will begin transitioning the filing location for Form I-907, Request for Premium Processing, when filed for a pending Form I-140, Immigrant Petition for Alien Workers, from the service centers to appropriate USCIS lockboxes on Dec. 15.
USCIS has received a sufficient number of petitions needed to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year (FY) 2024.
USCIS will send non-selection notices to registrants through their online accounts over the next few days. When USCIS finishes sending these non-selection notifications, the status for properly submitted registrations that USCIS did not select for the FY 2024 H-1B numerical allocations will show:
Processing Queue | Priority Date |
---|---|
Analyst Review | December 2022 |
Audit Review | August 2022 |
Reconsideration Request to the CO | February 2023 |
FAQ: Converting from B visa to any other status such as H-1B, etc.
Question 1
1. Is it legal for an employee to pay all the expenses of a green card (eb2 / eb3), such as cost of attorney, pwd, recruitment, perm, I140 premium, I485, etc.?
2. Is it legal for employee to pay the cost of h1b premium transfer?
Question 2
My question is related to H1B stamping.
I have a stamped visa till April 2024 from my previous company.
I have a new I-797 from my current company.
Do I still have to go for Visa Stamping if I visit India in December 2023.
Answer 1: Employees cannot legally pay for green card expenses, H-1B fees, or premium processing associated with PERM. For the green card process, the employer must cover all costs. In the case of the I-140 stage, the employer should pay, especially if the employee is on H-1B. However, for the I-485 stage, the employee can pay.
Regarding H-1B, the employer should generally cover all expenses, except for premium processing. If premium processing is for the employee's benefit and the employer opts not to pay, the employee can choose to cover the cost. If premium processing is for the employer's convenience, the employer must pay.
In summary:
Green Card (PERM): Employer must pay; employee cannot.
I-140 stage: Employer should pay, especially for H-1B holders.
I-485 stage: Employee can pay.
H-1B expenses: Employer should pay, except for premium processing.
Premium processing: Employee can pay if for their benefit; otherwise, employer must pay.
Answer 2: Additionally, an employee with an old H-1B stamp from a previous employer can use it for a different employer. There's no need for new visa stamping if there's a new approval notice. Traveling on the old stamp with the new approval is permissible.
The process was done smoothly and professionally without any hitches. Thanks to Rajiv, Suman, Nimia, Dianne, Leila and the entire staff at 3440 N. Fairfax Drv for some quality work. Mr. Khanna is very knowlegable and is very easily accessible to answer all technical questions. Please keep up the good work. EB2, RIR, VSC Feb 27, 1998 : PD Jul 28, 2000 : ND May 12, 2000 : FP Aug 18, 2000 : 485 Approved