I received H1b Petition Approval. Anna, Fran and Rajiv are very professional, responsive, and friendly. The whole petition process was smooth and easy for my employer and me. Anna, Fran and Rajiv contacted us ahead of time to prompt us for details for the case. So there was no rush, we always had adequate time and were confident in the service. They guided us through the process, we perfectly professional, responsive, and punctual. This is a great service. Great work! I am very thankful and recommend Law Offices of Rajiv S. Khanna.
We have been retained by several consulting companies to try to respond to their RFE's all of which require a letter from the end-client. Many times, despite best efforts, such letters are not available. So, as a test case, we filed an Request For Evidence is a a request from a government agency to provide further information on an issue before the government.
As ofJuly 24, 2009, approximately 44,900 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.
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mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
I got laid off on H1B in my previous company but found and started a job in a new company within a 60-day grace period. Again, the current company has provided a notice period for layoff. Will I get a 60-day grace period again this time?
How easy it is to get a B1/B2 to find a job after a layoff.
If you experience a layoff while on H-1B status, you receive a 60-day grace period. If you secure a new H-1B approval and face another layoff, you'll receive a fresh 60-day grace period. This applies to H-1B transfers and extensions. As for obtaining a B-1/B-2 visa for job searching after a layoff, while there's no official measure of difficulty, the approval rates appear to be consistently positive, with no reported denials.
FAQ: H-1B layoffs: 60-day grace period, visa options, and transitioning to study || Employer and agency verification requirements on the most recent I-94: Is this new note typical? || H-1B stamping delay and administrative processing in India: Payroll gaps, re-entry concerns, and expediting Options
I am reaching out on behalf of a friend who is currently facing challenges related to his H1B visa stamping process in India. He departed for India in August with an H1B Dropbox appointment scheduled for August 19th. On August 30th, he received a 221(g) notice requesting him to appear for an in-person interview. He attended this interview on September 3rd, where he responded to all the consulate’s inquiries. However, he was issued another 221(g) slip, stating that his case is now under administrative processing and that he will be notified once an update is available.
Since then, there has been no progress or further communication from the consulate.
My friend’s concern now is twofold:
1. Unpaid Leave and Payroll: Due to his company's policy, he is not permitted to work from India and has been on unpaid leave since August 15th, with his last payroll processed through this date. He is still formally employed, but he has had no payroll since then. If his H1B stamping is approved, will his re-entry to the U.S. be problematic, given the gap in payroll since August 15th? Additionally, is his H1B status still active, or could it be considered paused due to the lack of payroll?
2. Expediting the Process: Is there any way to expedite his case with the Chennai consulate, considering the indefinite delay he is currently facing?
If someone is stuck in India on a 221g for H-1B administrative processing, their reentry to the U.S. should not be problematic once their visa is stamped, even with a payroll gap. Employers are not required to pay while the employee is unable to work due to being abroad. Expediting a 221g is extremely rare, but the employer or lawyer can attempt to explain the urgency to the consulate. For detailed scenarios and advice, refer to the video.
- H1B 60-day grace period starts on the date of getting notice of layoff from the employer, on the date of the severance paycheck, or on the last date of the regular paycheck?
- During H1B 60-day grace period, what is the best time to apply for B1/B2? When 30 days are left, 15 days are left, etc.?
- H1B is for 6-years of work, or 6-years total? I mean does unemployment time or B1/B2 time etc. also counts in 6-years of H1B?
- After layoff on H1B, if decided to go to school, then how to stay in US until getting admission decision and until school starts, that could take many months.
- After layoff on H1B, what is the better option to choose between B1/B2 and F-1?
The H-1B 60-day grace period starts the day after your last pay period or working day, whichever is later. It's best to apply for a B1/B2 visa around the 50th–55th day (depending on how you apply online or by email) if transitioning and an F-1 visa if planning to study. The grace period counts toward the H-1B six-year cap, but B-1/-B2 time does not. For detailed scenarios and advice, refer to the video.
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I had a wonderful experience working with Rajiv S. Khanna and his team. They were highly professional and incredibly easy to communicate with throughout the process. As a small startup, we hired them to handle my H1B case, which was a bit complicated, but they navigated it with expertise and confidence.
Before choosing their services, we conducted a thorough market survey and found their rates to be the most optimal without compromising on quality. Rajiv and his team made what could have been a stressful process much more manageable.
We genuinely believe that Rajiv and his team are among the best in the industry, and we highly recommend their services to anyone seeking top-notch immigration assistance.
well, what can I say than the usual? Folks at Rajiv's office must be thinking 'phew. we have recieved another one of those glorious feedbacks today. YET again. so, there you go. I'll be another guy who says you are the best. But its true aint it? You know your stuff, you are attentive, you hear our griping, whining and still say 'How can we help?' . Thats what I like the most about Rajiv's Office. After 9 years in the country, just when I started to get comfortable and thinking my status is safe, i received an RFE asking for what I call "Copy from CM and Copy from PM", which in other words, USCIS has asked for letters from everyone involved in my employment. Thank goodness, they didnt ask the now infamous 'tax returns of the company and letter fron the president'. The moment I saw my RFE, I sent an email to Rajiv with one sentence 'HELP!!'. He responded back in 5 minutes, directing his most amazing and best-at-what-she-does assistant, Anna Baker to help me. Letters followed, checks mailed, more emails and voila, we have our case ready and all the letters signed. We applied last friday (July 3rd), received the status email, and case processing has resumed the same day. On July 8th we received an email containing the magical words 'Approval Notice Sent'!! So, lets start with the mail room guys, copying room folks, all the assistants: Thanks a ton! and then Anna : Any number of thanks and best wishes wouldnt be sufficient for your hard work and diligence. and of course Rajiv: For assembling the best team, and for always being there. Thanks to all of you for making this happen for me. Much Appreciated. Bala