These comments are being independent of the outcome of my application which is presently under process.What definately needs mention is the kind of professionalism shown by Law Offices of Rajiv Khanna (with specific mention to Rena Waddell and Sirisha Durgam. Their handling of my case papers, taking sincere interest in the case and not just providing lip service, providing me the correct information promptly, and keeping me upto date with the status has been extremely praiseworthy.
The service provided by the Attorney's office of Rajiv Khanna was most professional. My case was a bit complicated but the advice provided by the office helped me save a trip to India. Many thanks to Charu, Sirisha and Ursula!!!
Discussion Topics
FAQ: When does one become H-1B cap exempt? || Filing EB-1C, International Managers or Executives green card || Erroneously given longer duration on H-1B than eligible || Porting green card to a self owned company under AC21 portability || AC21 green card portability for a lateral move from developer to analyst || Revocation of H-4 EAD rules || H-1B RFE for specialty occupation || TN applying for green card ||
Other: I-94 through new company H-1B || Issues related to H-1B transfer, not joining an employer, etc. || Changing for H-1B to H-4 EAD and back to H-1B || Denial of I-751 to remove conditional status’; NTA issued || Green card AOS/I-485 interviews for employment based applicants || Background checks for visa stamping || I-824 processing times for obtaining duplicate approval notice || Refund of premium processing fee || Getting F-1 visa from a consulate while family-based green card is pending || Effect on green card application of change in job duties/salary|| Traveling after green card approval, etc.
1. My H1B is valid until 23-Aug'18. I am planning to submit visa extension request on Mar'18. let's assume if USCIS reject my extension request in Apr'18, then, in that case, can I stay till 23-Aug'18 as per initial approval or rejection will supersede and I have to level immediately (within 60 days of time from denial date)<br>
2. Does H-1B extension denial invalidate an existing H-1B?
Watch the Video on this FAQ: Does H-1B extension denial invalidate an existing H-1B?
Video Transcript
1.Yes. The previously approved extension does not go away. The only way that can go away is if the government separately issues a notice of intent to revoke, gives you notice and a chance to respond and then denies.
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.
In case of H1 transfer denied what other options one can have ? [provide that has 140 approved since many years]<br>
1. Can new H1 transfer with new employer can be initiated ? 2. Can one can apply for B1 [Visitor Visa] and remain in USA for valid period ?
Watch the Video on this FAQ: What can be done if an H-1B is denied while in the USA?
Video Transcript
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.
I'm an Indian citizen on an H1B Visa. I'm an engineer. My Green Card is being processed and my I-140 . Being an EB-2 category I"m assuming that it is going to take anywhere between 5-8 years before I get my green card. The Situation: I'm planning on taking a work break for about 6 months to 1 year and do a few things that I've wanted to do but have been pushing indefinitely (like volunteering with a non-profit, spending time with my family, exploring options to start my own startup etc). I'm assuming there are 2 scenarios here - 1. My company gives me a sabbatical leave - I can leave the country for a year and come back and rejoin them. 2. My company refuses a sabbatical and I have to quit - In this scenario, I'm not sure what I should do in order to be able to come back after my break and still be able to work for any company? I would really appreciate your insights on this situation and would be glad to accept any pointers from you to research this further.
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.
I entered the US in 2014 on L1A, then changed employer mid-2015 on H1(previously held petition). In 2017 again changed employer in a role equivalent to International Manager. Can my current employer file my Green Card under EB1 category?
Watch the Video on this FAQ: Filing EB-1C, International Managers or Executives green card
Video Transcript
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.
FAQ: Does bad credit or private loans/litigation affect immigration? ||Changing jobs after I 140 approval, returning to the old job, procedures for starting new green card etc. ||Effect of salary variations during L-1A visa ||Implications of alcohol-related convictions, such as DUI, on immigration or H-1B ||Staying in the United States based upon the medical need of a child, B-2 or humanitarian parole.
Other: H-1B amendments for relocation, visa stamping ||Filing in EB-1C green card for international manager or executive ||Applying for H-1B from a third country||Proceedings after employee files WHD complaint ||Changing H-1B jobs while an extension is pending ||H-1B visa stamping problems||Applying for H-1B extension without a copy of the I 140 approval notice ||H-1B amendments for relocation ||Does change of location requiring L-1A amendment? ||Cross-chargeability, etc.
I'm completing 6 years on H1B on 14-Jan-2018 and I have a visa stamped with the same date from my previous employer on my passport. When I changed job on 24-Jan-2017 I received an approved I-797 with an expiry date of 14-Mar-2019. I'm not sure if there was an error from the employer or attorney while filing or while approving the application. Now I have an approved I-797 with an additional year which would mean 7 years on H1B at a stretch. I'm planning to visit India with my wife (on H4 visa) next month for a couple of weeks and return back before the visa expires on my passport. Also, I'm thinking of not getting the new visa stamped on my passport and just show the approved I-797 to the officer while entering the US. Do you see any problem or issues if I do this?
Watch the Video on this FAQ: Erroneously given longer duration on H-1B than eligible
Video Transcript
You are not allowed to take advantage of USCIS errors. More...
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.
I have received a specialty Occupation RFE. As part of the RFE I am asked to provide:<br>
1." Industry letter from other similar companies as yours" - Can you please suggest what is expected here, is a letter required from my manager or a client or some other company.<br>
2. Percentage of time spent on each duty" - I work on multiple projects and also on some internal projects. I work as a full-time employee and work in client locations as required during conducting workshops, training etc. I do not work out of client locations.How do I split the tasks?<br>
3. "level of responsibility" - what is expected here
Watch the Video on this FAQ: H-1B RFE for specialty occupation
Video Transcript
Please get yourself a lawyer. Don't do it yourself. These are relatively complicated issues. More...
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.
I have read that in some cases of H1B as follows "They had H1 petition and H1B visa was stamped in 2012 but they never traveled to the US on that. And when a new employer applied for a cap-exempt H1B petition in 2017 they got it approved with change of status to H1 in May 2017...Whereas in my case I also didn't use this H1B visa and I even didn't travel to US i.e. My employer filed H1B in 2016 which got approved in Sep 2016 and after my resignation, they revoked H1B in Nov 2016 (which is > OCt, 1 2016), but I got a Denial. When contacted few attorneys they said I may get "Approvals" Or "Deny" in such cases, nowadays its more of details saying I am NOT cap exempt?
The first principle is if you are in the United States and you do not get a change of status you are not exempt from the quota. The second principle is if you are outside the USA and you don't get a visa stamp you are not exempt from the quota. Now in both these cases whether you join the job or not is irrelevant. So the third principle is whether you are joining the job or not is irrelevant.
If you are in your home country you must get a visa stamp if you don't, you are not exempt from the quota. If you are in the USA you must get a change of status otherwise you are not exempt from the quota. Hence principal number four is that if your approved H-1 is revoked before October 1st then you are still subject to the quota and the last principle is if your H-1 is revoked for error or for fraud or misrepresentation you are still subject to the quota.
I have got my H1-b visa transferred twice in tough situations through successful representation of my cases by Rajiv S Khanna Law Offices. They have a highly professional, experienced and knowledgable staff. Best thing about RSK is that they have the most current information about immigration laws and the personalized attention (irrespective of whether you are a big corporation or an individual). In my experience they quickly grasped the problem, finished the paperwork swiftly and presented it in a very favourable way, that too for a very nominal fee (yes, fraction of what others charge!). What amazed me was the paralegals working at RSK are very involved and intelligent, they made a very important suggestion (which I overlooked) and saved me money and trouble. Mr. Rajiv Khanna himself is great man, possesses the best expertise in this field at the same time very modest and helpful. Special thanks to Charu Bhagat and Rena Waddel for handling my case. RSK Offices are doing a great service by providing latest information through this site. I have nothing but praise for everyone working there. Nobody has a magic wand, but if you have a immigration case/problem then I suggest you should leave it to RSK Offices.