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H-1B grace period eligibility after second layoff and B-1/B-2 visa options for job search

4 months ago By Chief Editor
Question details

I got laid off on H1B in my previous company but found and started a job in a new company within a 60-day grace period. Again, the current company has provided a notice period for layoff. Will I get a 60-day grace period again this time?

How easy it is to get a B1/B2 to find a job after a layoff.

 

FAQ Transcript

If you experience a layoff while on H-1B status, you receive a 60-day grace period. If you secure a new H-1B approval and face another layoff, you'll receive a fresh 60-day grace period. This applies to H-1B transfers and extensions. As for obtaining a B-1/B-2 visa for job searching after a layoff, while there's no official measure of difficulty, the approval rates appear to be consistently positive, with no reported denials.

GC approval before AC21 Supplement J could be filed

4 months ago By Chief Editor
Question details

My I-485 was pending for 9 months (concurrent filing), and I worked all these years (4 years) with my sponsoring employer. My I-140 was approved 4 months ago, and I received EAD and AP as well. At the end of 8 months, I resigned from my employer to take advantage of AC21 (moving to a similar position) and was on notice period. My new employer was ready to file I-485J when asked by USCIS. During my last working week with my sponsoring employer, my 485 got approved, and I received my GC. Can you please advise on what kind of documentation I need to get from my new employer to help with any future naturalization process since I can't file I-485J as my case has been approved?

FAQ Transcript

To ensure compliance and maintain proper documentation, I recommend gathering your proof of employment with the sponsoring employer when your green card was approved. It's important to request written confirmation from your new employer showing they were prepared to file Supplement J before your transition. Keep any prepared  Form I-485 Supplement J documentation, even if it wasn't filed due to the timing of your green card approval. Additionally, maintain detailed job descriptions from both positions to demonstrate they were "same or similar" positions as required by immigration law. Store all these documents securely for the long term, as you may need them during the naturalization process to verify compliance. This documentation will help protect you and demonstrate that you followed proper procedures during your employment transition, even though the green card approval occurred before Form I-485 Supplement J could be filed.

USCIS - Forms N-648 and I-407 Updated

4 months ago By Chief Editor

USCIS recently updated the following forms:

Form N-648, Medical Certification for Disability Exceptions

09/25/2024 12:11 PM EDT

Edition Date: 09/25/24. Starting Jan. 6, 2025, USCIS will accept only the 09/25/24 edition. Until then, you can also use the 08/19/22 edition. You can find the edition date at the bottom of the page on the form and instructions.

Form I-407, Record of Abandonment of Lawful Permanent Resident Status

09/25/2024 10:40 AM EDT

Recording for November 07, 2024 Conference Call with Rajiv S. Khanna

4 months ago By Chief Editor

Nonimmigrant Visas

Green Card

FAQ: H-1B layoffs: 60-day grace period, visa options, and transitioning to study || Employer and agency verification requirements on the most recent I-94: Is this new note typical? || H-1B stamping delay and administrative processing in India: Payroll gaps, re-entry concerns, and expediting Options

Rajiv's Comments in the News - No more automatic citizenship for children in US? What Trump's victory could mean for Indians queuing for green card

4 months ago By Chief Editor
Published by: The Economic Times: Nov 06, 2024
https://tinyurl.com/r5t6dtmk

Quotes and Excerpts from Rajiv in the article:

What does the order mean?
“The Trump plan suggests no automatic citizenship for children born in the US. This is almost certainly a contravention of the 14th Amendment of the US Constitution. A Supreme Court judgement is available to counter Trump’s misinterpretation," Rajiv S. Khanna, immigration attorney told TOI.

Rajiv's Comments in the News - Citizenship by birth to be curtailed by incoming US President Trump, will impact 1 million Indians in green card queue

4 months ago By Chief Editor
Published by: The Times of India: Nov 07, 2024
https://tinyurl.com/2j3ybacf

Quotes and Excerpts from Rajiv in the article:

Rajiv S. Khanna, immigration attorney told TOI, “The Trump plan suggests no automatic citizenship for children born in the US. This is almost certainly a contravention of the 14th Amendment of the US Constitution. A Supreme Court judgement is available to counter Trump’s misinterpretation. “

For more information on this news, please see the attachment.

USCIS Updates Guidance on Determining Custody for Children Acquiring U.S. Citizenship

3 months ago By Chief Editor

Release Date 

U.S. Citizenship and Immigration and Services is issuing guidance regarding the legal and physical custody requirements for purposes of acquisition of U.S. citizenship under section 320 and naturalization under section 322 of the Immigration and Nationality Act (INA). USCIS is also expanding guidance on derivation of citizenship before the Child Citizenship Act of 2000, under former INA section 321.

USCIS Updates Guidance on Lawful Admission for Permanent Residence Requirement for Naturalization

3 months ago By Chief Editor

U.S. Citizenship and Immigration Services is issuing policy guidance in the USCIS Policy Manual to clarify that a naturalization applicant’s burden to demonstrate they have been lawfully admitted for permanent residence applies only to their initial admission as a lawful permanent resident (LPR) or adjustment to LPR status.

Rajiv's Comments in the News - Trump's New Immigration Policy: 1 Million Indians in Green Card Backlog Face Citizenship Crisis

4 months ago By Chief Editor
Published by: The Vocal News - Nov 06, 2024
https://thevocalnews.com/world/trump-immigration-policy-green-card-back…

Quotes and Excerpts from Rajiv in the article:

It will run into the 14th Amendment of the U.S. Constitution which grants citizenship to all children born on U.S. soil. This has been interpreted by the Supreme Court and legal challenges will certainly come," said Rajiv S. Khanna, immigration attorney, Times of India.

Rajiv's Comments in the News - Bad news for 10 lakh Indians as Donald Trump set to curtail...

4 months ago By Chief Editor
Published by: MSN news: Nov 06, 2024
https://tinyurl.com/y9hzh8v9

Quotes and Excerpts from Rajiv in the article:

Talking exclusively to the Times of India, Rajiv S. Khanna, immigration attorney said, "The Trump plan suggests no automatic citizenship for children born in the US. This is almost certainly a contravention of the 14th Amendment of the US Constitution. A Supreme Court judgement is available to counter Trump's misinterpretation. "

Rajiv's Comments in the News -Donald Trump’s birthright citizenship move may affect 1.6 million Indian-Americans

4 months ago By Chief Editor
Published by: News9 Live: Nov 06, 2024
https://tinyurl.com/ymfkj4xy

Quotes and Excerpts from Rajiv in the article:

Immigration advocates argue that this plan directly violates the 14th Amendment and is likely to face legal challenges. Rajiv S. Khanna believes the order is a misinterpretation of the Constitution and will be overturned in court, The Times of India reported.

Rajiv's Comments in the News - Trump 2.0 to end citizenship by birth on Day 1? Should over 1 million Indians in Green Card backlog be worried

4 months ago By Chief Editor
Published by: Asianet Newsable - Nov 12, 2024
https://tinyurl.com/uzhyddkw

Quotes and Excerpts from Rajiv in the article:

“The Trump plan suggests no automatic citizenship for children born in the US. This is almost certainly a contravention of the 14th Amendment of the US Constitution. A Supreme Court judgement is available to counter Trump’s misinterpretation," Rajiv S. Khanna, an immigration attorney, was quoted as saying in the TOI report.

Rajiv's Comments in the News - Donald Trump's Comeback Worries Immigrants Over Birthright Citizenship; How It Will Impact Indians | Explained

4 months ago By Chief Editor
Published by: English Jagran: Nov 07, 2024
https://tinyurl.com/7e74fme8

Quotes and Excerpts from Rajiv in the article:

Rajiv S Khanna, an immigration attorney, as quoted by Times of India, said, "The Trump plan suggests no automatic citizenship for children born in the US. This is almost certainly a contravention of the 14th Amendment of the US Constitution. A Supreme Court judgement is available to counter Trump’s misinterpretation."

Rajiv's Comments in the News - Bad news for over 1 MILLION Indians as Donald Trump set to bring new law, to curtail…

4 months ago By Chief Editor
Published by: India.Com: Nov 07, 2024
https://tinyurl.com/bdzf79xj

Quotes and Excerpts from Rajiv in the article:
Talking exclusively to the Times of India, Rajiv S. Khanna, immigration attorney said, “The Trump plan suggests no automatic citizenship for children born in the US. This is almost certainly a contravention of the 14th Amendment of the US Constitution. A Supreme Court judgement is available to counter Trump’s misinterpretation.

H-1B stamping delay and administrative processing in India: Payroll gaps, re-entry concerns, and expediting Options

4 months ago By Chief Editor
Question details

I am reaching out on behalf of a friend who is currently facing challenges related to his H1B visa stamping process in India. He departed for India in August with an H1B Dropbox appointment scheduled for August 19th. On August 30th, he received a 221(g) notice requesting him to appear for an in-person interview. He attended this interview on September 3rd, where he responded to all the consulate’s inquiries. However, he was issued another 221(g) slip, stating that his case is now under administrative processing and that he will be notified once an update is available.

Since then, there has been no progress or further communication from the consulate.

My friend’s concern now is twofold:

1. Unpaid Leave and Payroll: Due to his company's policy, he is not permitted to work from India and has been on unpaid leave since August 15th, with his last payroll processed through this date. He is still formally employed, but he has had no payroll since then. If his H1B stamping is approved, will his re-entry to the U.S. be problematic, given the gap in payroll since August 15th? Additionally, is his H1B status still active, or could it be considered paused due to the lack of payroll?

2. Expediting the Process: Is there any way to expedite his case with the Chennai consulate, considering the indefinite delay he is currently facing?

 

FAQ Transcript

If someone is stuck in India on a 221g for H-1B administrative processing, their reentry to the U.S. should not be problematic once their visa is stamped, even with a payroll gap. Employers are not required to pay while the employee is unable to work due to being abroad. Expediting a 221g is extremely rare, but the employer or lawyer can attempt to explain the urgency to the consulate.  For detailed scenarios and advice, refer to the video.

H-1B layoffs: 60-day grace period, visa options, and transitioning to study

4 months ago By Chief Editor
Question details

- H1B 60-day grace period starts on the date of getting notice of layoff from the employer, on the date of the severance paycheck, or on the last date of the regular paycheck?

- During H1B 60-day grace period, what is the best time to apply for B1/B2? When 30 days are left, 15 days are left, etc.?

- H1B is for 6-years of work, or 6-years total? I mean does unemployment time or B1/B2 time etc. also counts in 6-years of H1B?

- After layoff on H1B, if decided to go to school, then how to stay in US until getting admission decision and until school starts, that could take many months.

- After layoff on H1B, what is the better option to choose between B1/B2 and F-1?

 

FAQ Transcript

The H-1B 60-day grace period starts the day after your last pay period or working day, whichever is later. It's best to apply for a B1/B2 visa around the 50th–55th day (depending on how you apply online or by email) if transitioning and an F-1 visa if planning to study. The grace period counts toward the H-1B six-year cap, but B-1/-B2 time does not. For detailed scenarios and advice, refer to the video.

Employer and agency verification requirements on the most recent I-94: Is this new note typical?

4 months ago By Chief Editor
Question details

I see the following new note on my Most Recent I-94 Results. Is this normal?

Note to employers, local, state, or federal agencies granting benefits:

Please visit the CBP I-94 Public Website and click on the tab for “Get Most Recent I-94” to perform a search for the applicant to confirm that the biographic and travel information displayed on this I-94 printout matches the “Get Most Recent I-94” returned results for this applicant.

 

FAQ Transcript

While this is a new update, it seems routine and not a cause for concern. 

 

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