Simple, smart changes to make the H-1B visa program work better
I recently got my Green Card. I'm planning to look for a part time job in addition to my full time job to make some extra money. Is it Legal to do this on Green Card without breaking any laws ?
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For employees who are coming from outside the United States, even though the premium processing will begin in June, it offers a great deal of comfort in knowing where a case stands. If the application is denied, which is quite common these days, there will be enough time to appeal or litigate it before the October 1 start date,” Rajiv S Khanna, managing attorney at Immigration.com told TOI.
I was planning on going to India for vacation (after I graduate, before I start work) and I had some questions about whether that would be alright from an immigration stand point. My lawyers are filing my H1B visa application this April; would there be any potential issues with the application if I was to leave the US in May/June?
There are multiple issues involved in traveling.
First, if someone travels while a change of status request is pending, they will have to obtain a visa stamping or reapply for an H-1B for change of status to activate the H-1B on or after October 1.
Second, getting visa stamping is by itself a highly uncertain process that could take from days to months. The consulates reopen and dissect the entire H-1B case from the ground up and try to find any reason they can to deny the case.
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USCIS will begin accepting petitions for employment with start dates in fiscal year (FY) 2020 under the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker program (the CW-1 program) on April 4, 2019. However, all CW-1 filings for FY 2020 must include an approved temporary labor certification (TLC) from the U.S. Department of Labor (DOL). USCIS will reject any CW-1 petition with an employment start date on or after Oct.
Starting 05/20/19, USCIS will only accept the 01/31/19 edition. Until then, previous editions: 01/17/17, 12/23/16, 08/13/15, 03/26/15, and 10/23/14, can be used.
For more information visit this link: https://www.uscis.gov/i-129
PERM Processing Times (as of 2/28/2019)
My wife's I-140 was approved and I was also on her I-140. My non-profit employer also filed my PERM and is pending with USICS. If I have to switch employers before my I-140 approval and pending 180 days, I am assuming that my new employer would have to file my GC all over again. Given that I was on my wife's I-140, will I be eligible for H1 extensions after my 6yr period if I don't have my own I-140?
Also, can I change employers and my job roles once I have my I-140 approved and pending for 180 days?
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I am writing this in testimony of the very professional service that Rajiv Khanna's firm has provided to us for successfully petitioning for our L1A and L2 visas.
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If anyone's interested: I had an appointment today for H1B visa revalidation. Overall it was a smooth experience. I was asked for my paystubs though.
Degree etc was not asked for. Total interview time was 2 minutes. The only question I was asked was whether I am working for the same company for which I had received an H1 visa previously. In my case that holds true. I also had an F1 visa previously. US Degree.
If anyone's interested: I had an appointment today for H1B visa revalidation. Overall it was a smooth experience. I was asked for my paystubs though.
As I have used my CPT for more than 1 year at the same master level and already completed OPT for the 1st master and currently working on CPT for almost 2 years. As per Aug 8th, 2018 Memorandum Am I violating the rules and will start counting Unlawful presence from FEB 5th 2019? Or Unlawful Presence should be count from 6 months from FEB 5th 2019 which is AUG 5th 2019? If this is true then what are my options here?
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I saw your video on doing business on H1b and understood most of the things such as applying concurrent H1b if I want to be actively involved in the business. I have 3 questions related to the topic. I will open an LLC or any other type of entity that my CPA will suggest but
1- I plan to start with a simple e-commerce business (selling online on a website and other platforms such as Amazon). How tricky is it to get approved for a Concurrent H1b for managing this type of business? I work in IT but I do have MBA and MS degrees from USA. I will be managing both the Technical and Management side.
2- I remember that Concurrent H1b will have to abide by all rules of H1b. Will this means that I have to have start-up capital of more than yearly prevailing wage of CEO in the bank to qualify? I plan to start with 10-20K.
3- Will this Concurrent H1b will be cap-exempt or I have to go through the lottery for this?
I think the problem here is I don't think we can prove that your job requires the Bachelors Degree, so unless the job requires the Bachelors Degree in a specific subject, we cannot get an H-1B for that job. There is no start up capital requirement for an H-1B. Directly there is no such thing, but of course indirectly the government can say that we want to be assured of the veracity of the company we want to know that you have enough money or start up money to secure the job. They usually don't ask.
Concurrent H-1B is cap exempt. It is not subject to the cap. If your main H-1B is already capped you have gone through the quota once concurrent H-1B will not be under the cap. The difficulty I see is that your job is not specialty occupation. Other than that, I think it can be done.
We had reached out to Rajiv S Khanna's law offices on a recommendation from a friend to help us with filing a green card for our parents. From the initial conversation till after the GC approval, their offices have been extremely informative, responsive and professional. They went out of their way in making us comfortable, patiently responded to all our queries and guided us through the entire process. We are happy to say that the GC card was approved in the first go with no issues and thanks largely to the excellent up front preparation of the case/documentation. We would gladly recommend their services to anyone looking for immigration help. Heather Riddick, who helped us through the entire process was excellent to work with. Thanks again to Rajiv S Khanna and team for successfully guiding us through this process.