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.
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.
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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yeaaaahh..i am so happy and that wouldnt have been possible w/o this forum and all the help I have received!
We had our interview appointment at 11.05. We left home at about 8.00. And of course, Chicago would not be Chicago if there was no traffic jam, so we left the highway to take an alternate route. After spotting the INS building, we looked for a parking. We enter the building at 10.00.
This link below shows the average amount of time it takes to receive a decision in a particular type of case after the case file is received by the AAO. Processing times are directly related to the volume of cases received.
http://www.immigration.com/processing-times-status-checks/aao-processin…
Alright, first off thank you to everyone that helped me out with what to bring!
We showed up with about 30 pounds of paperwork, photos, tax returns, wedding albums, cards.
Our appointment was at 1 pm, we arrived around 12:15. We got in the lineup, and waited. and waited and waited. (got a little warm considering it is still in the high 80s, 90s) At about 12:55 they let us in along with a swarm of other people coming in for the same thing (and some naturalization cases) We signed in, and waited right up at the door to be called.
I had my interview today in downtown miami. The entire process took just less than an hour of which around 45 min was the wait for my turn. I had taken so much with me but nothing was needed except the passport and green card. I did get one unusual question related to my mailing address. I have always used a P.O Box as a mailing address so she just asked why P.O Box, why not use the home address. I just told her I change residences quite often ( am a single guy ) and its just easy for me to get a P.O Box near work.
My labor got cleared under PERM on February 7th,2006. I started the whole process in December 20th,2005 with Rajiv Khanna as my attorney. I’m very grateful to Rajiv S. Khanna and team for helping me with my labor certification. Their guidance helped me to get all my paperwork right. They make it a point to educate us about the laws and update us promptly about any changes in the DOL. This makes us feel comfortable and generates awareness of new policies under PERM.
In short Rajiv and his staff made the whole process very easy, simple and painless. We are really glad that we chose this Law firm. We are greatly pleased with Rajiv and his staff as far as their professionalism, courtesy and promptness regarding my Labor. Many of my friends went through Rajiv and all of them are also happy like me. We are thankful to Rajiv and his staff.
I deeply appreciate all the helps from Rajiv Khanna's firm to my journey of PR. All the staff here I have been contacted with are knowlegable, and warm hearted, which light up so many dark nights of mine in the past. I would like to give my special thanks to Prerna, Shivane, Suman, Richa, Charu, who not just helped my case but also give me the hope as well.
Thank you all!
Rajiv, Anna and the team was great with their help regarding my H1B transfer, particularly with their thouroughness in responding to an RFE.
Thank you all again!
-Sonali.
I was approved for H1B which would be effective on 1st of october,2005. But I didn't get my I-94 with my H1B approval. Before 1st of october, I left my previous employer and joined with my current employer. On that moment, it was tough for getting the new H1B. But Law offices of Rajiv S. Khanna made it, especially Rena Wadell, who was handling this case. My spouse's H4B also on processing. Hopefully, get the good news soon. I am really happy for getting their service.
I was running out of time on my H1 B and had requested Rajiv Khanna's office for Quick filing and not only they filed my LC PERM on time but I also got my Approval in 4 days , All of my contacts (Suman ,Vijay ,Pramita,Anna Baker) at Rajiv Khanna's Office were very detail oriented and very helpful .I would like to specially thank Pramita for updating me with the case status ( at times on hourly basis ) when I felt unsure if I could make the deadline . Pramita and
Vijay took good care of my case and kept me updated with the status which is rare attribute which every cleint like me longs for . Rajiv Khanna Rocks !!!!
Mr Khanna , Mr Durgam , all other members of the office ..I would like to thank all of you for your hard work and dedication to get my labor certificate done and as a result we obtained approval in a very good time..with out going into details of how hard the process was . all I can say Thankyou. George
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.
1. Planning to transfer from H1B to H4, I-140 approved with Jan2015 priority date. Can I keep the priority date after I change to H4? Intend to come back to H1 after few months. 2. Currently I'm 7 months pregnant and I work for a consulting company (employer) on H1B visa, Can I take maternity leave on H1B? If yes, for how long? will it be a paid or unpaid leave? If not do I need to convert status from H1B to H4? If yes, can I change it back to H1B and work again or need to apply for a fresh visa?
Here is an interesting question, if I am on H-1 and I convert to H-4, does that kill or affect my priority date ? Answer is no. If you were on H-1 and you had filed a Green Card, you got a priority date and I-140 was approved now you changed to H-4 that does not kill your priority date. That's not the problem.
And the second part of the question was can I take maternity leave on H-1?
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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.