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Rajiv's Comments in the News - Automatic EAD extension to benefit spouses of H-1B workers in the US - Gadgets Now by TOI

3 years ago By Chief Editor

Published by: Gadgets Now by TOI: May 06, 2022

Quotes and Excerpts from Rajiv in the article:

However, immigration lawyers pointed out that this would be useful only for as long as your status was valid. "For most of the H-4 holders who file for these extensions, their status is expiring at the same time as their EAD, and they would not benefit from this," said Rajiv S Khanna, Managing Partner at immigration.com.

For more on this news please see the attachment.

Visa Bulletin For June 2022

3 years ago By Chief Editor

Number 66
Volume X
Washington, D.C

View as Printer Friendly PDF

A. STATUTORY NUMBERS

This bulletin summarizes the availability of immigrant numbers during June 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.

Agency

Green Card

Immigration Law

H-4 visa stamping without H-1B stamping

3 years ago By Rajiv S. Khanna
Question details

Hello Sir, I was in usa on j1 till recently and am in india going for h4 visa interview for the first time in June based on my spouse h1 (she has valid i797 and expired visa). She is now traveling to india next week due to family related issues and has to book visa dropbox slot and got one in October. Can I attend the interview in June while she is in india and waiting for her visa dropbox slot which is in October? Thank you very much.

I am not aware of any law that prohibits attending H-4 visa stamping before H-1 visa stamping. Your spouse has an H-1B approval. But the consulate can ask you to wait till the H-1B visa approval. Email the consulate to check how they would want you to approach this.

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.

H4 dropbox for my 2 year old kid

3 years ago By Rajiv S. Khanna
Question details

I have an approved I-797 from my current employer. I am currently in India with a H1B Visa expired in 2018 (I travelled to US in Feb '17 and stayed till June '17) from my previous employer. While scheduling an appointment for a visa interview for me, my wife and my 2 year old toddler, it was shown that we are eligible for VISA interview waiver. My wife has an Expired H4 VISA in 2018, so she was also eligible for dropbox. My question is, will my toddler have any problem with getting a H4 since he doesn't have any VISA stamped in his passport, if we schedule the same dropbox date as neither me nor my wife has a valid VISA? should I book my appointment first and after I get my VISA should I book one for my wife and toddler ? Please advise as I do not want to risk a H4 rejection for my toddler

Check the website of the US consulate where you're going for the procedures. To the best of my remembrance, children under 14 are not required to be interviewed.

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.

Question about H4 stamping

3 years ago By Rajiv S. Khanna
Question details

Hi Sir, I have the H1B Extension approved and its valid till 03/2025. However, the H4 extension is still pending for my wife and son. I heard, even though the H4 extension is pending and H1 Extension is approved, dependents can get the stamping by referring to H1 Extension approval. Could you please clarify and if this is fine; let me know the process. Note: For personal reasons; my Wife and Son need to travel to India in June and they are planning to come back in October (Current stamping is valid 22nd Oct 2022)

H-4 visa stamping does not require any H-4 approval from the USCIS. The H-4 visa is approved based upon the H-1B approval.

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.

EB-3 to EB-2 downgrade I-140 as amendment, not new I-140

3 years ago By Rajiv S. Khanna
Question details

Hello Rajivji, in other question, you mentioned you can not interfile as EB2 is converted to EB3. Can you please help clarify? Employer 1: PD April 2013, EB2 Employer 2: EB2 in Jun 2019 in Oct 2020, Downgraded to EB3 as amendment I-140 and this EB3 I-140 is approved, I got EAD/AP too. I interfiled with 485J in March 2022. Would my interfile be accepted? if no- what are my options? I don't want to stuck in EB3 for next 5-10 years! Thanks for your help.

When an I-140 downgrade to EB-3 has been filed as an amendment instead of a new case, to get back into the EB-2 category, you have to file a new I-140 using the same PERM application. If the dates are current, you can concurrently file for adjustment of status.

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.

What happens if you overstay your I-94

2 years ago By Chief Editor
Question details

Parents came to the USA on a B-2 Visa in March 2021. I have requested an I-539 extension in August 2021 due to COVID and they stayed till Jan 2022. Eventually the extension got denied. Is this a problem?
 

FAQ Transcript

The government will say as one has overstayed their I-94, they will now be subject to section  222(g). If you overstay your I-94 the visa stamp on  your passport is automatically canceled, so you have to apply for a new visa. For more details on this issue, visit my author page on The Economic Times.

 

Layoffs - H-1B Visa Update

2 years ago By Chief Editor
Question details

Question 1: The company has laid off the employee but have put them on payroll until March 2023. In this case, can the employee travel internationally and will he be able to re-enter the USA?

Question 2: Is it the right  time to move to the USA from India on H-1B since one is  beginning to hear a lot  of layoffs took place in big MNCs?

 

FAQ Transcript

Answer 1:  Do not travel until you get a job as you could have problems when you come back.

Answer 2. : If you are working for a big MNC then you need to think about it. But if you are working for a smaller company or a company that is not affected by the layoffs (example the healthcare  industry) then you do not need to worry.

 

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