Rajiv's News Clips - US court sets aside plea, IT service companies will need to file more evidence when hiring H-1Bs
Published by : The Times Of India - Date: January 23, 2020
Published by : The Times Of India - Date: January 23, 2020
Discussion Topics, Thursday, January 23, 2020
FAQ: Tourist/Visitors visa for people with special needs or challenges || Risk for green card process in joining a small company, unfamiliar with immigration || Impact of 214(b) denial || Requirements for obtaining green card under EB-1C, International Managers and Executives ||
OTHER: NVC fees issues || USC relocating to India while green card petition for parents is pending || Is original I-140 approval required for priority date transfer? || Effect of subsequent H-1B, H-4 approval on current H-1B, H-4 case || Additional review of a pending I-140, delay || USCIS processing times estimate || 221(g) Administrative processing for H-1B visa || CSPA logistical problems || Carrying cash in and out of the USA || Incorrect DS-160 || List of cap exempt employers || Naturalization of children
I am on H1-B and I lost my job 7 days back. I have I-140 approved with Priority date 2015
Do I need to inform USCIS that I lost my job and I am searching for job ? if yes how and where ?
How many days I stay in USA and search Job ?
My I-140 was approved 8 months ago and now my employer said that he will revoke it , what will be impact on me after he will revoke it I-140 ?
Am I able to extend my H1-B, once he revoke my I-140 ? ( my H1-B 6 years are completed)
If I will go back to India and search job from India, can consulting companies transfer my H1-B in this particular situation ? or I will face complication ?
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.
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WASHINGTON— U.S. Citizenship and Immigration Services announced a process change for Form I-526, Immigrant Petition by Alien Investor, from a first-in, first-out basis to a visa availability approach.
U.S. Citizenship and Immigration Services announced updates to its Policy Manual that address mobile biometrics services and fingerprint waivers.
In professions that require a license under State law (teacher, nurse, architect, physician), an H-1B cannot be submitted without the license. This is the general rule.
Nevertheless, where the license is delayed because the beneficiary does not yet have a Social Security Number, CIS may approve the petition for at least one year. We must, however, submit documentation from the licensing State agency confirming that the beneficiary has met all other requirements for the license (except providing a SSN) and that one will be issued as soon as the agency receives the SSN.
My friend was working for Company A and he shifted to Company B, three months back filing a new H1B, But his employer got a 6 page H1B query list, his employer is not revealing the query and is not in a position to respond.
Couple of questions, Can I switch back to Company A.
1. Does he need to file with DOL (or) USCIS that I am switching back to company A
2. If his H1B with company B is not approved, will it be a problem that I worked Company B for 3 months and has taken the pay?
Other Question is, Company A send a letter to INS saying that he is not working with Company any more (Company A employer is telling that he did not revoke the H1B but send a normal letter to INS), Can he still switch back to Company A???
If he can not join back Company A, Can he file a new H1B with another company, knowing the fact that he has a query on his H1B with Company B.
In my view, he cannot go back to company A without taking some additional steps.
Here, company A has revoked the H-1 (all that takes is a letter), they will need to reapply the H-1 and he should get a new visa stamp. He can also get an H-1 through another employer but will most probably need a visa stamp before he can start work. The existing query (RFE) should not normally interfere with any future applications unless the RFE contains some allegations of fraud or lack of qualifications related to your friend.
People (even lawyers, including me) find it difficult to keep the H-1 quota issues straight. I am giving the law here for reference and better understanding.
The Law
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AC21
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SEC. 103. SPECIAL RULE FOR UNIVERSITIES, RESEARCH FACILITIES, AND GRADUATE DEGREE RECIPIENTS; COUNTING RULES.
Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)) is amended by adding at the end the following new paragraphs:
I came to USA with an H1b Visa, my family's H4 visa was also issued with me. After coming to USA I transferred my H1b visa to new company and I got my transfer approved and I got a new H1b with new I-94, my question is whether they can travel with the old H4 or not?
If their visa is still valid, they can travel. Each time an H-1 holder changes jobs, the H-4 holders are NOT required to change their H-4, as long as the H-4 status (I-94) or visa is still valid. An action on H-4 is required only if the status (if within USA) or the visa (if traveling abroad or outside USA) is about to expire. Of course, if H-1 holder has been out of status even for one day, my answer would change.
My husband and I have our N400 petition pending for almost 18 months. We passed our interview in July 2007 and had our 2nd fingerprinting 2 weeks ago. We were also informed that we have been cleared from background check. We have to leave for an international assignment in December and would like to understand the steps we need to take so it does not impact/disrupt our naturalization process, in case we do not get called for oath by then.
Current economy is making lot of people sleepless. We have heard about a lot of layoffs around the state and nation. Could you please explain us what are the options we have, if a person with H1-B (6year extension) EAD and I-485 pending in this situation.
This is most certainly a very important topic and relevant for everyone. I will address the various issues raised in the relevant parts of the blog to make it possible for everyone to find the information applicable to their case.
Taking Promotion in future The current PERM filing is going to be done for the position "Dentist". In the future can she accept a promotion as "Dentist (Lead)" if offered by the company? Will it invalidate the green card application.
If we accept the promotion in future can we use the same PERM application without filing another PERM for "Dentist (Lead)" job (jobs are very similar) . She is now a "Dentist(Associate)" and job duties between associate dentist and lead dentist are 70% the same. The lead dentist will have additional duties like oversee day-to-day operations/Supervision.
Quote: Can I receive a promotion, extraordinary increase in salary or change in job location during the pendency of a labor certification based green card?
I am on H1-B and I lost my job 7 days back. I have I-140 approved with Priority date 2015<br>
Do I need to inform USCIS that I lost my job and I am searching for job ? if yes how and where ?<br>
How many days I stay in USA and search Job ?<br>
My I-140 was approved 8 months ago and now my employer said that he will revoke it , what will be impact on me after he will revoke it I-140 ?
Am I able to extend my H1-B, once he revoke my I-140 ? ( my H1-B 6 years are completed) If I will go back to India and search job from India, can consulting companies transfer my H1-B in this particular situation ? or I will face complication ? Can you please suggest what all things I should do in my situation in Immigration prospect ?
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.
Here is a question from our community:
My husband and I have our N400 petition pending for almost 18 months. We passed our interview in July 2007 and had our 2nd fingerprinting 2 weeks ago. We were also informed that we have been cleared from background check. We have to leave for an international assignment in December and would like to understand the steps we need to take so it does not impact/disrupt our naturalization process, in case we do not get called for oath by then.
First of all, I wanted to thank all the members of this forum for their insight and support. This road did not feel as lonely as we all traveled it together.
I applied for my parents in September 2019, finger printing is done and we have received a RFE for I 485. Both have Domicile Certificates, School Leaving Certificates - which states their place of birth - but does not state their parents name ( I guess in 1960's it was not a norm to have parents name in such documents). Also if we check the US Dept of State - Visa Reciprocity and Civil Document link shows that there were no Birth Certificates prior to 1970. As mentioned below - is this a sufficient enough evidence that there are no birth certificates available at the time of my parents birth?
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.