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Cap Count for H-1B Nonimmigrants for Fiscal Year (FY) 2013 Updated

12 years ago By Editor

The H-1B Program

U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields, such as scientists, engineers, or computer programmers.

For more information about the H-1B program, see the link to the left under temporary workers for H-1B Specialty Occupations and Fashion Models.

How USCIS Determines if an H-1B Petition is Subject to the FY 2013 Cap

Guestbook Entry for Mohan Kompella , United States

16 years ago By Chief Editor
Name
Mohan Kompella
Country
United States
State
VA
Comment

My wife and I got our Green Cards through the Law Offices of Rajiv S Khanna. Every single employee who handled our files starting with the Labor Certification through the I-140 process and the I-485 application was a pleasure to work with and was extremely professional and helpful. I can definitely see why 'The Law Offices of Rajiv S Khanna' has such a great (and well deserved) reputation across the US.

Guestbook Entry for Sohil , United States

16 years ago By Chief Editor
Name
Sohil
Country
United States
State
California
Comment

Thanks for your team's excellent work in helping me get my EB2 Green card. I have always had quick and to the point answers to all my queries from you as well as Rita/Sheena. I especially wanted to mention the extra effort put in by your firm to have my case filed in time on July 2nd 07 as well as the time spent in reconciling my two different priority dates. I will definitely avail of your services in future whenever needed.

Guestbook Entry for A. Pai , United States

16 years ago By Chief Editor
Name
A. Pai
Country
United States
State
California
Comment

After having my case botched up by a local lawyer, I restarted the process by retaining the services of the Law Offices of Rajiv Khanna. With just about a year remaining on my 6-yr H1 period, the Law Offices was able to help me file an LC just in time to be eligible for n-th year H1 extensions. During the Aug 07 filing crush, despite an error on my part, Prerna displayed great patience in accepting my 485 packet only a week prior to the Aug 17 2007 deadline. The 485 was filed on Aug 15 2007 and I received the approval notice and the plastic card last week. I highly recommend this law firm - their professional treatment of clients (both petitioners and beneficiaries) and Rajiv's empathetic responses to questions on the ForClients website really makes life easier for those going through this process.

Guestbook Entry for Tushar Desai , United States

16 years ago By Chief Editor
Name
Tushar Desai
Country
United States
State
FL
Comment

Hi Rajiv, Mathew and Prerna,

Thank you so much for your efforts and support during the entire green card process.

Previously, I had selected CP process for the final stage. Due to fiasco with PD date in last June, Rajivji called me personally and suggested me to go with 485 even though I had selected CP process. It was the perfect decision at that moment. It took me exact 1 year to get the consular interview. I received the interview letter in August and since my wife is pregnant it was impossible for us to fly to India.
And I received the good news in 1st week of Aug through 485 process that card production is ordered.

Special thanks to Mathew Chacko, Prerna for their excellent support.

Guestbook Entry for Wali Ansari, United States

16 years ago By Chief Editor
Name
Wali Ansari
Country
United States
State
NJ
Comment

Thank you Rajiv, Mathew, Richa, Prerna, Bharathi and everyone in team for handling our EB2 GC so smoothly. We did not get any RFE and all thing went very smoothly. All team members were very professional and courteous and made sure all paper work go completed and reviewed many times before final submission.

RK law office is the best and I would recommend strongly to everyone. Thank you for doing great work.

Guestbook Entry for Sudheer , United States

16 years ago By Chief Editor
Name
Sudheer
Country
United States
State
VA
Comment

Thanks a ton to Rajiv, Heather, Leslie, Mathew, Mark, Anna, Art, Seema, Amrita and other team members for handling our EB2 GC processing very professionally from the beginning to the end. My wife and I got GCs recently without any hiccups. We did not get any RFE and everything went extremely well and smoothly. All the team members were very professional, courteous and knowledgeable. They reviewed the paperwork several times before final submission and made sure it was complete, accurate and error-proof. Once again, I thank you guys immensely and I will recommend your service to my friends and I myself will consider the services from your firm for other immigration purposes.

Guestbook Entry for Sadia Munir , United States

16 years ago By Chief Editor
Name
Sadia Munir
Country
United States
State
California
Comment

A big thanks to Rajiv and his whole team for all their help. I had a wonderful experience with every single person in his team. They were very quick in responding to my questions. When my initial paper work had to be filed only three days were left before the deadline. Heather gave me a call to tell me that I have a chance to apply within next few days for my green card or I would have to wait for several months. I was not sure if it would be possible or not but I decided to do it. Everyone in Rajiv's team worked diligently with me to finish my paperwork on time. I was very impressed by the dedication and commitment they showed towards my case. I truly recommend Rajiv and his team's services to everyone. They are truly fantastic!

Using B visa with F-1

16 years ago By Chief Editor
Question details

I have a tourist visa to the US which expires in 2009. However, back in 2004, i was able to obtain a F-1 visa for MBA studies. It expired in 2006 and my stay was extended through practical training. I have all necessary documents supporting that. My question is, will I still be able to use my tourist visa until the March 2009 expiration?

My assumption is that you are still on F-1 and in USA. If this is correct, you cannot use your B visa within USA.

While in USA, your stay and status is controlled exclusively by your I-94.

You can, however, try to reenter USA on B visa but after having stayed here for so long, a reentry is likely to be denied.

If, you are outside USA and have been out for a while (like a year or more), I think you can still use that B visa and try to enter USA.

H-1 Quota

16 years ago By Chief Editor
Question details

I came to US on F2 visa. In April 2008, my employer filed for my H1B visa and it was approved. Due to some personal reasons I can't start work from October 1 and I will need to change my visa status back to F2.

Qo 1. My question is if I change my visa status back to F2, and if I find an employer who is ready to file my H1B in the future, Will I have to go through the quota again?

Qo 2. Hi, I have been inspired by the previous posts, I have a similar situation. I was on H1 till Mar 03. Then I transfered to F2. Now I'm about to get a job offer from a company. Is my H1b application subject to the Cap? My previous H1B was issued on Feb 2002 and I haven't been out of the states since.

Ans 1.  In my opinion, you will not be subject to the quota again.

Ans 2. You should not be subject to the quota.

Multiple Labor Certifications

16 years ago By Editor
Question details

I have consulted the local lawyers here but they have failed to answer this question with conviction. Can two Labor applications be filed for me by two companies (current and future employers) at the same time ?

In my opinion, most definitely, yes. As long as both companies are acting in good faith (honestly) and you have the intention to take whichever green card happens to be more convenient or quicker for you, you can file 2 or more labor certs (PERM) through different employers.

B visa while GC pending or similar situation

16 years ago By Chief Editor
Question details

After a long-term relationship, earlier this year I married a U.S. citizen. I do not want to change my immigration status and do not wish to immigrate nor reside permanently in the United States since we both have steady jobs outside the U.S. and I do not want to leave my country. All I want is to be able to travel temporarily into the U.S. for pleasure and leisure as most tourists do, once or twice a year for a couple of weeks each time.

I want to know if I can just apply for a new B-1/B-2 tourist visa to travel into the U.S. or if my husband needs to file an I-130 petition for alien relative and I-129 and K visa thereafter instead –which I understand would be the right process if I ever wanted to adjust status or become a U.S. permanent resident.

This is upto the discretion of the consulate and then again upto CBP when you land in USA. Consulates have the discretion to issue you a B visa - despite your presumed immigrant intent - if they are convinced that you will return. This is true for all cases where a B (or F or similar) visa is sought while GC is pending or could be pending.

Supervisory review

16 years ago By Chief Editor
Question details

Filed I-130 and I-485 oct 29/07,went for interview feb/08 and have not heard anything from immigration.Is this normal for USCIS.When I did infopass was told that case is under supervisory review,what does this mean.

Pretty much anything can be within the context of a case. Supervisory review means just that - a review by a senior level adjudicator. Usually, that means there is some unusual procedural or legal issue involved. The good news is that, means your case is being reviewed, the bad, we don't know for what. You can try to go through a Congressman's office to find out more if you like.

Green Card through Citizen brother

16 years ago By Chief Editor
Question details

My brother got US Citizenship this month. I would like to apply Green Card using my brother's citizenship.Is it possible ? How long it will take . Now I am holding H1B.

This is usually not a feasible option. To see how long it would take, look at the Visa Bulletin: 

http://www.immigration.com/newsletter/vbarchive.html

You will note that it will take more than a decade to get a green card through family-based category 4. You are not permitted to stay in the USA just because this application is pending.

Changing Careers after the GC

16 years ago By Chief Editor
Question details

Q1. Can a legal permanent resident(LPR) change career after say one year from his AOS approval to an entirely different field from the one for which his labor and his AOS was approved? Will this raise any red flags at the time of citizenship?

Q2. In other words, after receiving green card on the basis of say job in computer industry, when can one change his/her profession to an entirely different field (let say opening up a restaurant or go into real estate on full time basis) without jeopardizing the citizenship? Would waiting for one year(or some other amount of time?) after AOS approval be good enough to satisfy the "intent to work for in the field noted in labor application on a permanent basis"?

Q3. Is the person after receiving green card on the basis of employment in certain field stuck in that field for ever?

Q4. What are you thoughts in general about this scenario and how should one go about it?

 A1. I see no problem with this nor do I see any red flags.

A2. Sure. Why not. Permanent does not mean forever.

A3. Not at all.

A4. Nothing else I can think of.

USCIS Redesigns Citizenship and Naturalization Certificates

6 years ago By Chief Editor

WASHINGTON — U.S. Citizenship and Immigration Services (USCIS) began issuing redesigned Certificates of Citizenship and Naturalization today, following a successful pilot in four USCIS field offices and one service center. The redesign of these eight certificates is one of the many ways USCIS is working to combat fraud and safeguard the legal immigration system. 

How Does One Change Status While Within The United States?

6 years ago By Chief Editor
Question details

I am currently working on L1B with company A and I received my H1B I-797 last year from same company A, but didn’t do the conversion to it yet.
I want to change to company B in regards to which I have the below questions:<br>
1- What is the process of switching the visa, and does it need me to setup an interview appointment?<br>
2- If yes, does this have to be out of USA and in my home country?<br>
3- Do I need to get the stamping for H1B with company A before moving to company B? Or can I switch to company B without going for H1B stamping for company A?

FAQ: How does one change status while within the United States?

Video Transcript

FAQ Transcript





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