Guestbook Entry for Ghazenfer Mansoor , United States
Name
Ghazenfer Mansoor
Country
United States
State
Virginia
Search
Pharmacist H-1B
Question details
I was selected for cap H1B. I am looking to file for pharmacist position in MD. However, at the moment I do not have a MD state license. I have a PA state license. Will I be able to apply for H1 without the MD state license. I will be able to get the license before October but not by end of June. What other positions can I apply for to get H1 with Pharm D
Currently, if you do not have a license, but it has been applied, the USCIS should approve for a full three years if they send an RFE and the license is approved by that time. Otherwise, they should approve for one year.
FAQ Transcript
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Using old I-140/H-1B for new employer while relocated to India
Question details
I have an H1-B/ I-140 question for you and your team. Please see below: I came to India in 2019 to get my H1 stamped along with my family and got stuck. I got a 221(g), and RFE during the process but my employer got things sorted out. Then my employer also amended my petition and I re-appeared for visa stamping interview and got stuck again due to an ‘end client’ issue. Then Covid made things worse in 2020. Questions for your team: I have an approved I-140 with my old firm (on Eb-2) with a priority date of Jan 29, 2014. I am not on a US payroll since I came to India (in 2019) & my last approved petition also expired in Jan 2022. If a new firm had to take over my H1-B case can I re-capture the unused time (time stuck in India for almost 3 years) beyond my first 6 years of H1-B with this new firm/petitioner ? If so, can I port my old I-140 (& old priority date) to the new H1 petitioner after coming to US? What is the porting time frame after coming to US? Is Premium processing available for porting old I-140 (& priority date) to the new employer? Since my priority date is current, I wanted to know if my new employer can file for AOS upon my arrival in the US. Your help and feedback on the above matter will be greatly appreciated. Thanks!
Q. Can I re-capture the unused time (time stuck in India for almost 3 years) beyond my first 6 years of H1-B with this new firm/petitioner?
A. Yes, you can.
FAQ Transcript
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
H1-B related job and major field of study
Question details
I had a doubt, I got MS in Cybersecurity at the University of North Carolina at Charlotte. I had talked to a few of my seniors and my dad's friends who live in the US regarding the job opportunities, they said that you will be having fewer openings compared to other fields or profiles. So I would like to know if I pursue a Software Developer Role or some role that is not related to Cybersecurity, will it be a problem at the time of the H1-B Visa Interview? Can you please guide me as i am feeling i am stuck between these issues?
The H-1B laws require only that your offered job must require the type of major you graduated with. For example, a major in Computer Science or Information Technology may be a fit for the jobs of a Software Develop, Systems Analyst, DBA, Systems Admin, or a Data Architect.
FAQ Transcript
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
H4 stamping on H-1B extension without H-1B current stamping
Question details
Hello, I have my current h1 valid till Sep 2022 and my extension has been approved. If my spouse went for h4 stamping in Sep after my current h1 gets expired, Do I need to get my visa stamped first for the extension or only extension I797 will be suffice to get h4 stamping. Thanks, Ashish
US consulates in recent years have not insisted on H-1B visa stamping before they stamp an H-4 visa.
FAQ Transcript
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Recording of June 23, 2022, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Nonimmigrant Visas
Green Card
Discussion Topics:
Consequences of unauthorized employment generally, and for F-1 visa students particularly
Question details
I am on an F-1 visa. I just need to know what are the consequences of working without authorization. I have a situation due to a hardship problem during the Covid times, I worked for one and a half months (approximately I don't remember exactly). I had a loan that paid my tuition but during the Covid times the bank from my hometown denied the transfer of funds. So, for that particular period I worked because I did not have a choice. All of my family members were fighting the worst covid situation at that time. There are five people in my family; four were in the hospital for weeks. I was not aware that working without authorization is a serious violation of my status.
In the future when I apply for H-1B or apply for OPT, what kind of consequences do I face? What are my options to get out of this situation? Can we get one pardon from the USCIS for this mistake?
FAQ Transcript
The DSO could assist you in this matter and figure something out. But be prepared to leave the United States and secure a job if possible. Keep applying for an H-1B and if you ever get through the lottery and you get an H-1B approval make sure that you reveal in your visa papers that there was a violation. Be truthful about it. Remember this is not a ground for denying your H-1B. Therefore H-1B is definitely a possibility, but getting back the student status may be difficult.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
STEM OPT students filing OPT and green cards with multiple employers (renowned companies); impact of the size of the company on a green card petition; the impact of working remotely on OPT, H-1B, and green card
Question details
1. Can I have multiple employers i.e. jobs in the first year of OPT and also after getting STEM OPT extension?
2. Can all my employers start my green process simultaneously?
3. If H-1B COS is approved through one employer i.e. switched from OPT to H-1B, can I still continue other jobs and GC process with them? If not, is there a way to continue all jobs?
4. Does it make a green card case stronger if the sponsoring employer is a big renowned company like Microsoft or Amazon? Also, what about if the company is small?
5. Does OPT, STEM, and H-1B allow you to do a job that allows remote work from within the U.S. regardless of the pandemic? Is such a job eligible for H-1B and green card sponsorship?
FAQ Transcript
1. Yes. STEM OPT people can also have more than one concurrent job, but they have to work with their DSO's to make sure the paperwork is filed properly.
2. Yes, as long as there is a good faith intention to join any one of these employers who can get your green card.
3. Yes, you can. You can have multiple H-1B approvals living together in the same space.
4. It does not impact the speed of the green card. What is most important is the company's financial solvency.
5. Remote work is possible for both OPT STEM, H-1B and Green Card jobs.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
H-1B visa stamping
Question details
1. Is H-1B visa stamping required?
2. Can an H-1B visa be obtained while remaining in the US?
3. Can an H-1B visa be rejected?
FAQ Transcript
1. The answer is No. It is only required if you travel outside.
2. It is a good idea to check with the consulate and they will respond through emails.
3. Absolutely.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
"Same or similar job" criteria for green card AC21 portability
Question details
1) I-485 Filed under EB 3 Downgrade - More than one year back and pending
2)Independent I140 Approved both in EB2 and EB3 (Not as Amendment)
3) Currently working on H1B Work Authorization
4) I-485 EAD and AP Available but never used (EB3 Category)
Questions: -
1) If you change your job but by transferring your H1B (Change of Employer) and NOT use EAD, would the AC21 still apply (Same or Similar Job constraint) if you want to keep the I-485 alive?2) You said the last call that for Same of Similar Determination - USCIS Looks at all aspects:
a) Do the Job Duties and Actual Job Title need to be a dollar-to-dollar match?
b) Job Location Changes (One City/State to Another) and Job Mode Changes (From Onsite to Hybrid or Fully Remote) - Allowed?
c) Compensation Differentials - Positive or Negative - Any specific considerations/grey areas
FAQ Transcript
1. Absolutely fine. There is no law that states that in order to enjoy job portability you must necessarily use your EAD. In fact, in ninety nine percent of the cases I would advise you to transfer on H-1B simply because if there is a problem with your I-485 we are on solid footing to fight it out, otherwise you would be out of status and unlawfully present if your I-485 is denied. Hence definitely keep your H-1B active.
2. That depends. It doesn't have to be a one-on-one match job location. You can move from one state to another as this is a part of AC21 compensation. The only time you will have a problem is if the compensation is unexplained and it's a huge jump. Always ask an attorney who understands your situation to review your file.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
H-1B petition after F-1 rejection
Question details
Hello, this is for my niece, a 28 years Engineering graduate from India, with 4 years of IT development work experience. She got her name in H1b lottery through a small consultancy firm and the consultancy firm is asking us to pay H1b fee to proceed further. But in her case, she have had a F1 student visa denial about 3 years ago and so we are debating if she stands a chance to get H1b or is it more likely to get denied again since she is coming through a smaller consultancy firm. Any advice will be highly appreciated.
The H-1B fees and expenses must be paid by the employer. It is illegal for them to demand any fees from a potential employee.
FAQ Transcript
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
We have a great experience working with Rajiv and his team. Vikas Varma was very professional and thorough. They prepared the RFE response of a very completed case so great that we got the approval of a very tough case. Its really worth the money they charge. We would like to continue using the services of LORK in the future.