Sept 2, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
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Nonimmigrant Visas
Discussion Topics, Thursday, September 02, 2021
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H-1B Approval for an Operations Research Analyst
We were approached by an employer in the pharmaceutical manufacturing industry to respond to an RFE (Request for Evidence) for an Operations Research Analyst. The RFE indicated that the job duties were vague, and did not allow the USCIS to ascertain the minimum requirements for the position, or determine whether it constituted a specialty occupation.
Nonimmigrant Visas
Profession/Occupation
H-1B Approval for a computer and information systems manager
We assisted in the filing of an H-1B petition for a newly established company in the healthcare industry for a computer and information systems manager. We received a request for evidence (RFE), asking for details about the employer and questioning the employee’s qualifications.
Nonimmigrant Visas
Profession/Occupation
H-1B Approval for a computer and information systems manager
We assisted in the filing of an H-1B petition for a newly established company in the healthcare industry for a computer and information systems manager. We received a request for evidence (RFE), asking for details about the employer and questioning the employee’s qualifications. Oddly, the RFE specifically questioned the credentials of the professor, who had assessed the employee’s educational background and experiential qualifications.
H-1B Visa - Change of Status
Question details
I have an approved H-1B petition. Right now, I am in India. However, my spouse also holds an H-1B. Can I apply for an H-4 visa and travel to the USA with my spouse and apply for a change of status in the USA from consular processing and use my H-1B there. Will it affect my H-1B in any way?
Technically, the USCIS can object to applying for a change of status within 90 days after entry, if the change results in activities that are inconsistent with the original visa used for entry, the H-4 visa. The key question is whether applying for H-1B soon after entry into the USA is inconsistent with H-4, a visa that allows work authorization.
FAQ Transcript
Note: Where transcribed from audio/video, 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.
H-1B Visa and seeking emergency visa appointment
Question details
We are the parents of a minor (5 months) old U.S.Citizen daughter who is currently in India. We need to take our daughter to the U.S. for her 6-month vaccination doses. My H-1B visa and my spouse's H-4 visa need to be renewed, but unfortunately, there are no dropbox appointments available in any city. Is there a way an exemption can be made for our travel? I am a civil engineer who has built commercial facilities and will be building more commercial facilities in California, USA.
You can try seeking an emergency visa appointment based on medical reasons applicable to your daughter.
FAQ Transcript
Note: Where transcribed from audio/video, 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.
H-1B visa and applying for National Interest Exception
Question details
I am presently in the U.S. and will be visiting India to get my H-1B Visa stamped. As there are travel restrictions for passengers from India to the US, will I be allowed to enter the U.S. on an H-1B visa? Presently I am staying in the U.S. on OPT.
Unless you are covered by an exemption, you will have to apply for a national interest exception. Also, getting appointments for visa stamping is not particularly easy at the moment.
FAQ Transcript
Note: Where transcribed from audio/video, 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.
H-1B visa expired - Travel to the U.S. based on daughter's U.S. passport
Question details
We are currently in India, and one of my daughters is a U.S. citizen by birth. However, our H-1B visa expired a few years ago. So now we do not have any valid U.S. visas. Can we travel to the U.S. now based on my daughter's U.S. passport? Please advise as we heard many such parents are traveling like this, Are there any options for us?
You cannot reenter the USA without a visa. Having a US citizen child exempts you from the travel ban, but not from the visa requirements.
FAQ Transcript
Note: Where transcribed from audio/video, 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.
Intermittent H-1B employment
Question details
I recently transferred from the U.S. to the UAE office since I was not selected in the H-1B lottery in March. I was then selected in the second lottery and my company has started the H-1B process. Can I do short-term 1-2 week visits on H-1B every few months instead of B-1? Do I need to be employed to enter the U.S. using H-1b?
While intermittent H-1B employment is permitted, it is only for the job for which you have an H-1B approval. You cannot use an H-1B visa to travel to the US intermittently without that job.
FAQ Transcript
Note: Where transcribed from audio/video, 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.
Guestbook Entry for Pravin Balasubramaniam , United States
Name
Pravin Balasubramaniam
Country
United States
State
CA
Guestbook Entry for Shankar, United States
Name
Shankar
Country
United States
State
Texas
Comment
I got excellent advice from Rajiv for my problem of wanting to go back to school after having filed for my green card. The whole team was very efficient with handling my sufficient request for H1B transfer so I can go to school while working on an H1 visa.
Great work and many thanks!
Guestbook Entry for Shyam , United States
Name
Shyam
Country
United States
State
NC
Comment
I am very satisfied the way my case was handled by Mr. Rajiv Khanna. I specially want to thank Anna and Francesca for their effort and availability whenever I had issue with any paper format or so.
I will definitely have you(Mr. Rajiv Khanna) process any of my future legal issues.
Rajiv's Comments in the News - H-1B denial rates decline: USCIS data
Published by: The Economic Times - Date: September 01, 2021
Quotes and Excerpts from Rajiv in the article:
“We have seen a very positive trend in the moderation in unnecessary hurdles. We see this trend all through legal immigration, not just H-1B visas. It’s not that we are not getting requests for evidence, it is that they are a lot more reasonable,” said Rajiv S Khanna, managing partner at immigration.com.
I would strongly recommend Rajiv Khanna for immigration related services.
I worked with Prerna and few others for my green card and I'm very happy with her service.