Guestbook Entry for Salahuddin Sirajuddin (SIRAJ), United States
Name
Salahuddin Sirajuddin (SIRAJ)
Country
United States
State
VA
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H-1B lottery layoff before start, Automatic status change, Multiple filings, and Traveling
Question details
Case: Picked for H1B lottery.
- What happens if the company lays off after June but before October 1? Would I stay on my current visa status? Or will I be on H1B but with a 60-day timeline to find the next job?
- Does the status automatically change to H1B on Oct 1? or does immigration require paystubs for a couple of weeks to prove our employment?
- If I file the petition with two companies separately, how will immigration decide which one to approve? Will they approve both?
- Are there any travel restrictions from June to Sept
FAQ Transcript
In this scenario, you won't be on H-1B status with a 60-day grace period to find a new job.
What is Cap Gap Extension? How does it work?
Question details
1) Is H1B cap-exempt to H1B lottery-based considered a change of status?
2) If I currently have an H1B cap-exempt visa and am filing for an H1B petition in June, when can I not travel outside of the US - from now to June, June to Petition Approval, or from Petition Approval to Oct ? My current H1B visa would be valid until Nov.
FAQ Transcript
Yes, potentially. It allows you to work while your STEM OPT expires (April 30th in your case), and your H-1B petition is pending, extending your work authorization until October 1st.
Recording for May 09, 2024 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
Immigration Law
Green Card
Discussion Topics:
FAQ’s: EAD delayed - options || Benefits of National Interest Waiver
Benefits of National Interest Waiver
Question details
Two general questions,
1. What are the benefits of filing an EB2 NIW for a person whose I-140 has already been approved by an employer in the same category apart from NIW, not depending on your employer? Also, can you get your I140 approved priority date to your NIW?
2. Is it possible to renew the H-1B visa stamp before expiration? For example, if my H1B expires on November 1st and I apply for a visa stamp in October with approved extension I797, Would I be able to renew it?
FAQ Transcript
While an approved I-140 with an employer offers some benefits, an EB-2 NIW grants portability - you can keep your green card across job changes in your field. It also allows extending your H-1B past the 6-year limit and enables your spouse to work and travel with you. For those with backlogged priority dates (e.g., India), NIW can help with I-130 petitions in specific situations. If your I-140 is approved already, the main advantage of NIW becomes self-sponsorship. Finally, you can renew your H-1B visa stamp before expiry, though consulate lead times (like four months) might apply.
May 24, 2024, Rajiv in QnA session on behalf of students, young professionals
Immigration.com
Nonimmigrant Visas
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mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
Recording for May 23, 2024 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
Green Card
FAQs: Options when H-1B project is canceled || B-2 visa dilemma: Extend or switch to CPT for PERM/I-140 || Procedure to recapture H-1B/L-1 time outside the U.S.
Options when H-1B project is canceled
Question details
Scenario: Currently working for company A. Company B has filed H1B petition and gotten approval for Oct 1st start date. Unfortunately, Project with company B goes away before Oct 1 and company B doesn't revoke my visa before Oct 1st.
1) Since I will automatically move to H1B on Oct 1st and I don't have that project anymore, can I continue to work for my current employer using the new H1B visa? (What options I have if I want to use the new H1B visa and work for the same employer?)
2) In the same case, will company A be notified about my new H1B visa on Oct 1st?
3) Will company A have to rehire me for H-1B transfer? or can I continue to work with them while the transfer is pending?
4) How would it work if I find a new project through a new company C? Would they need to file for H-1B transfer as well ?
5) What info can USCIS ask for H-1B transfer in that case? What sort of RFEs may come up?
FAQ Transcript
You can't work for your current employer (Company A) on the new H-1B. File an H-1B transfer to Company A. USCIS won't notify them. Consider a lawyer consultation to possibly keep working at A while the transfer is pending.
Procedure to recapture H-1B/L-1 time outside the U.S.
Question details
During the last three years on H-1B, I have spent approximately one year outside of the US (multiple visits to India). What is the procedure to recapture that time and add it back to my H-1B total time?
FAQ Transcript
You can recapture your H-1B time (one year) by requesting it during your next extension application. There's no deadline, and you might even recapture a full year if you exceed six months out. Documentation like passport stamps is needed.
Hello everyone, I am glad that Rajeev and his colleagues (Charu + Rena) are our Immigration attorneys. Why?? (a) Well, we are a startup and definitely in need of expert advise as to whether we can or cannot apply for H1s to the INS. (b) Also, our needs are not just for Software Engineers, but for other skills that require justification to the INS that these are speciality occupations. (c) We have recd excellent service from his team and esp from Charu and Rena. They have always given a small company like us very quick response and turnaround for complex h1 cases. (d) We wish to adhere to the laws of INS and DOL and need expert advise in interpreting these ever changing laws. (e) The website is very useful and our prospective employees like it that our Immigrant Attorney owns and operates "www.immigration.com" . I look forward to using more of their services like GC Processing for our employees, L1s etc.. Thanks Rajeev SIRAJ CEO Kirloskar Multimedia