Guestbook Entry for Prithvi , United States
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Prithvi
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United States
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Arizona
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March 7, 2019, Recording of Free Community Conference Call (Every Other Thursday)
Immigration.com
Nonimmigrant Visas
Green Card
Substantial transcription for video
Topics of Discussion: Reentry permit|| OPT STEM extension|| I-485 RFE and EAD Card|| F2A priority date and filing I-485|| Apply for COS to F-1 visa|| Convert to O1 visa and then to GC|| Passport Impounded in INDIA: H1B Visa status invalid?
USCIS Resumes Premium Processing for All H-1B Petitions
USCIS will resume premium processing on Tuesday, March 12, for all H-1B petitions. If you received a request for evidence (RFE) for a pending petition, you should include the RFE response with the premium processing request.
H-1B Employer Deducting Money From Salary
Question details
My previous employer deducted half of my monthly salary and put deduction under loan in salary sleep. I never took any loan from him or never signed any document. Previously he asked me to pay all H1b expenses in email which i refused and seems like he has deducted amount as retaliation of my resignation. Can he take bonus back as loan(deduction he mentioned in salary slip as loan) from my salary which was given to me in 2016 and 2017? if he can then I don't have anything to claim.What are my legal options considering I never took any loans? is it worth fighting him considering my H1b status and can he harm me with my status or application (which he intend to do as he said in 1 to 1 meeting) ?
FAQ Transcript
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 Announces FY 2020 H-1B Cap Season Start, Updates, and Changes
Simple, smart changes to make the H-1B visa program work better
Travel While Change of Status Request is Pending - H-1B Related
Question details
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.
FAQ Transcript
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.
Getting H-1B Extensions Based on of I-140 Approval of Spouse
Question details
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?
FAQ Transcript
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.
US employee working from India
1. I will be going to India and work for my company from India (before October if the H1b gets approved and continue to work from India if H1b is not approved).
Will you guys be able to answer the following questions for me? Is it okay for my company to wire the money (USD) to me monthly as individual consultation expense and will they have to pay any taxes to the Indian and/or US government for that?
New H-1 employee returning -- rights and issues
Question details
Our employee XYZ has arrived in the US. However, it appears that because of the job market in the US, he is going to return home to his old job. I know you said they are allowed to return back to USA at a later date if they choose to work for us down the road. But my question is how long may he stay without getting paid until he must return home? I know you sent me information about benching, stating:
Q. What is the law regarding the benching of H-1 holding employees?
A. The law does NOT permit benching without full salary payment by the employer. The only exception is that when an employer first hires an employee on H-1B they are allowed an initial period of 30 or 60 days during which the employee does not have to be paid while on bench.
i. If the employee is currently in USA and adjusts status or transfers from one employer to another within USA - the bench-without-pay period is 60 days from the date of approval of the petition by INS.
ii. If the employee is entering USA from abroad, the period is 30 days from the date of entry into USA.
If I'm interpreting this correctly, we must pay him no later than day 30 of his arrival here in the USA?
There are a couple of issues I want to clarify. The period of payment begins on the earlier of the two events: when the employee presents himself/herself for the job or 30/60 days. DOL considers it to be irrefutable evidence of having reported when a consulting company starts "marketing" the resume (Note also that to bring an employee in without a project has been elevated by this administration to be an indictable offense, which I think is unlikely to stand up in courts).
Effect of Bankruptcy on immigration
Question details
I tried to find information on the internet on how bankruptcy affects H-1 visa status and future green card processing, but couldn't find any information on this.
Bankruptcy should have no effect on H-1 or on future green card. I am not aware of any immigration laws that could cause a problem for you.
When is an H visa stamping required?
1. My story begins like this: I was working for company A, got stamping in May2007(in canada). Came back to US, changed to company B. Got laid off on Feb 27th, 09. In order to have a valid status I got married on Feb 15th and got my H4 legally on March 20th, 09. Two weeks back a miracle happened, got a job through company C and applied for PP H1b, received it last Thursday. Now, I am planning to go to India for a week in June, 09. Tough having a valid H1b stamping prior to the H4-H1, do I still need another H1b stamping?
PS: I do not have H4 stamping.
H-1 visa stamping -- is it difficult?
Question details
My son is employed on H1 B visa in USA. As of now, he is working as a consultant in a fortune 100 company. If he returns to India, to get married, he has to approach the US consulate for an H-1 visa. I have the following questions.
Is it difficult now, in view of the present US laws/restrictions on H1B visa to get extension/renewal of the said visa in India.
What is the procedure.
The degree of difficulty varies from case to case and should be evaluated by the lawyer who processed the H-1.
In my view, getting a visa stamping is no more difficult than it was a year ago. The big difference is the consulate may insist on a letter from the end client, the job site where your son works. Other than that, his stamping should be no more difficult than when he got it the first time. As to the procedure, I suggest you check the consulate's web site. They tend to be fairly comprehensive.
H-1 Quota Status
USCIS announced an updated number of filings for H-1B petitions for the fiscal year 2010 program.
USCIS has received approximately 42,000 H-1B petitions counting toward the Congressionally-mandated 65,000 cap. The agency continues to accept petitions subject to the general cap.
USCIS is continuing to accept H-1 filings
USCIS has announced that it is continuing to accept H-1B nonimmigrant visa petitions subject to the fiscal year 2010 (FY 2010) cap. USCIS will continue to monitor the number of H-1B petitions received for both the 65,000 regular cap and the 20,000 U.S. Master's degree or higher educational exemption cap.
Are H-1 holders being turned back at the airport?
Question details
This is the buzz going around in techie town. If you have already heard it then pl. ignore if not this is interesting.
A techie based of Jersey goes to India to visit his family recently. Techie is assumed have lived in the US for quite some time. He is currently working on his work permit as an alien worker. Techie also has a temporary un-approved/un-guaranteed green card called the EAD.
While re entering an immi-officer that if they can call his manager. Techie then hands all the contact information. Officer gives him a call and asks if they really need a H1B worker for his position. Officer also ensures if the H1B possesses exceptional skills. Manager replies back with a YES!
Officer then calls an office that could tell how many citizens posses the same skill and are unemployed. Officer is told numerous unemployed. Officer now decides to send the techie back. Techie then pleads that he has a house on mortage, a car out of a loan. He needs time to return. Officer then grants him a month on a visiting visa. Techie once again pleads and successfully bargains a 3 month on a visitor visa to return back.
If this is all what happened, then the govt. has acted illegally. There is no question in my mind about it.
H-1 for Nurses
H-1B NONIMMIGRANT PETITION FOR NURSES
A. GENERAL REQUIREMENTS
Folks,
We filed H1B/H4 and Green Card application through Rajiv's Office.
His team: Anna Baker, Richa Narang, Prerna Mehta, and Attorney Mathew were very helpful and diligent. They would answer our queries promptly. Moreover, Rajiv was on conference calls when my company had some questions about filing for Green Card. Our Company had good faith in Rajiv's ability to deal with immigration related matters.
Rajiv's team....Thanks a ton!!