ABSOLUTELY FANTASTIC LEGAL SERVICES!!!It's with heartfelt appreciation and gratitude that I want to express my Thanks to the Staff of Law Offices of Rajiv S. Khanna, especially to Ms. Charu Bhagat, Ms. Reena Wadel and Ms. Sirisha Durgam for the patience with which they worked my very complicated case. I was basically in an out-of-status mode in the US for a long time with my past employment and it was a big question as to whether I would get my Visa transfer approved. Thanks to the ABSOLUTELY METICULOUS preparation of documents and the constant communication between INS and Rajiv S. Khanna's Office that amde it happen. The only thing that I would STRONGLY reccomend anyone that has the privilege of getting help from Rajiv S. Khanna's Office is...1. Be Patient and WORK (really, without question) with the lawyers who are handling your case.2. PROVIDE every bit of documentation asked for and be very PROMPT with it.3. Respect their effort in helping you and do not be impatient.Ms. Sirisha, Ms. Charu and Ms. Reena were three of the most friendly and helpful persons. Thank you so much!!Aravinth Kaliappan
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?
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.
Is it not recommended to travel outside USA when you are on H-1B and I-140 filed and approved ?
Absolutely no problem, you can travel.
I have Dropbox appointment in India and going alone. My husband has a valid I-797A but an expired visa. Will that affect my stamping?
I do not know. It depends upon which way they are feeling on the day you go. Earlier there was no problem but now in some cases they have insisted you must have an H-1 visa stamp.
Discussion Topics, Thursday, February 02, 2023:
FAQ: Criteria for national interest waiver || NIW for physical therapists || Multiple companies applying for H-1B Cap registration - H-1B lottery || Can H-4 visa (no EAD) holders take an unpaid internship? || Can H-4 EAD start a Business in any State? Can a relative's company file H-1B? || H-4 visa dependent children change of status to F-1 before 21 || Filing H-4 and H-1 simultaneously || Status of F-1 once H-4 is approved || Most efficient way to get EAD F-1 or H-4?
Have any rules changed regarding getting a spouse visa through H1, L1, or O1? Also is traveling on a tourist visa to the US after marriage not ok, with a pending GC application? Finally, does the US have any special agreements with the UK, EU, Singapore, Dubai or Australia for visas that may qualify in this scenario?
Regarding the rules for getting a spouse visa through H-1 L-1 or O-1 nothing has changed.
It is certainly fine traveling with a tourist visa to the US after marriage, if you can convince the government that you are not going to break the laws which means staying in violation of your visa.
Regarding the US having any special agreements, there are only two kinds of visitor visas: regular ones and visa waiver or ESTA visa. There are special visas for example in Australia there is something called an E-3 visa which is very much like an H-1B and more or less a dual intent visa.
Question 1: If H-1B transfer is approved but not joining the new employer, then what all is required to be done to avoid any problems? - Is it required to withdraw all approved H-1B transfer petitions in that case? What is the validity of H-1B transfer approval?
Question 2: I am currently working for Company “A” on an L1A visa which is valid until 09/12/2024. I have my i140 approved that was filed by company “A” in EB2 with May 2019 as the Priority date. I am from India. Company “B” filed my new H1B.
My new H1B petition (I 797A, notice of action) and accompanying request for a change of status got approved on Dec 21st 2022. Employer “B” shared with me the approval copy only on 29th Dec 2022. I 797A, notice of action says my new I 94 is valid from 12/21/2022 until 10/10/2025. Will my work authorization status in the US reflects as H1B only if I submit my new Form I-9 through employer B? or is it already effective from the date of H1B approval i.e., 12/21/2022?
Is there a time limit within which I have to resign from my current employer “A”? What’s the maximum number of calendar days I can continue with my current employer “A” from the date of my new H1B approval i.e., 12/21/2022?
Answer 1. Under the immigration law, there is no risk. You have a choice to work with the new employer and also continue working with the old employer.
Just because a second H-1B is approved, it does not mean your old H-1B is revoked, canceled or overruled. They both continue to be in force, but you have to choose one or the other.
Answer 2. Technically, you have violated your status. You should go get your H-1B visa stamping and come back. That is all you have to do.
As for the time limit you are already working without status. Your L-1 is over when you get a change of status. So the earlier you resign the better you are.
I am currently pursuing 6-month online certification program in "management" domain from the Indian Institute of Management (IIM) here in India and this IIM has been awarded the EFMD Quality Improvement System (EQUIS) accreditation by EFMD, the globally recognized international organization for management development. This institute has AACSB (The Association to Advanced Collegiate Schools of Business) accreditation in the US. I have bachelors in chemical engg from India and masters in chemical engineering from the US. I plan to use the H1B remainder option to come back to the US and would like to change careers.
My question is as follows :
1. Is the "online certification in management" that I am currently pursuing from the AACSB accredited institute as mentioned above considered valid and acceptable by the USCIS for changing careers from chemical engineering to managerial roles such as e-commerce/software domain on H1B?
2. I have also done courses in management, data analysis, economics, computer programming and other math related courses at undergraduate level in chemical engineering and would like to know if these courses would be of any help to change domains as transcripts for bachelors and masters degree are requested during the H1B processing?
The answer is not really. These courses are not considered to be bachelor's degree. But having a degree in chemical engineering may qualify for a manager's position.
Discussion Topics:
FAQs: H-1B visa cap exemption - How does the 6-year rule work? || Will having EAD cards or petition approvals with gaps in the start and end date cause an issue?|| H-1B visa layoff options - Going to home country and applying for jobs, going through the lottery again, documents required to apply for a new visa to explain missing pay stubs and the contents of the documentation for termination contract sent by the company to the USCIS
I got a H-1B approval in 2020 and stamping was done in 2022, due to personal reasons, I have decided not to travel to the US. My question here is at a later point in my career, will I be eligible for the CAP exemption for the different sponsor, even If I never visited the US using the stamping? Also whether this cap is exempt till 6 years from approval time or forever(but the 6 years clock starts from the time I enter the US)?
The six-year period should be counted from the date your H-1B was approved.
I am on an H-1B visa and recently got laid off.
If I don't find a job within the 60 days grace period:
1. Can I go back to my home country and keep applying for jobs and then come back once I get one? If yes, would I have to go through the lottery again?
2. If not, what are my options?
3. What additional documents do I need to provide while applying for my new visa to explain the missing pay stubs?
4. What does the company that let me go send to the USCIS as documentation for termination of contract?
My F1 status will end with EAD, correct? EAD ends on June 25th and in July-August I was planning to use H1b Cap gap until I start my PhD program
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Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
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Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
Great Firm, excellent service. Ursula E., was very dilligent, sincere, provided excellent customer service. The firm is fortunate to have paralegals of such great calibre.