Discussion Topics, Thursday, 6 October 2016:
FAQ: Issues regarding changing jobs while on H-1:-- Is there a minimum time gap necessary to transfer H-1 from one job to another, change jobs| timing of resigning and joining; Errors in visa and passport; Name spellings different in various documents; Arrival departure records from-to Canada; Liquidated damages clause in H-1 employment contract; Applying for EB-1 if EB-2 is in process; Changing careers on H-1
Other: Indian passport for child born in USA; Priority dates movement; Work visa or status for students; Correcting errors in I-140 approval; Changing from B (visitors visa, tourist visa, business visa) to student status; Minimum days needed on passport expiration for visa entry; Processing through NVC; H-1B extension beyond 6 years; Visa dates movement, changing jobs on H-1, priority date transfer, approval of I-140; Adoption and immigration; Name discrepancy when applying for parents visa; Changing jobs, filing I-485, precautions for priority date transfer, etc
I recently moved from Company A to B on July-2016 as a contractor while on i was on my 6th year H-1B visa. Company B did my H-1B transfer and I-140 got approved through them as well. Now working at End client location placed through Company B. Now End client wants to hire me as Full Time employee.<br>
1. Given I recently joined Company B will my jumping to Company C cause any issue to my H-1B visa? <br>
2. Can company B cancel my H1B petition?If Yes, Do i have to have a approved H-1B petition from Company C before informing Company B about the offer?<br>
3. Will my I 140 which got approved thru company B still be valid? Can i use it for future extensions of H-1B?<br>
4. Company B did not provide I-140 copy, how to obtain the same from USCIS?<br>
5. Is there any mandatory period to serve in one company who has sponsored my GC as I recently got my I-140 approved in August-2016?
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.
Its been a long journey that started with completion of masters (F1) visa and today receiving green card (GC). I have been with Rajiv ji and his team since the beginning of my immigration journey (F1(OPT) -> H1 -> H1 Ext.-> Perm -> I140 -> I765 -> I485).
As said by everyone else here in the guestbook i also concur with all the things.
Firstly, they know what they are doing and are best at it. They have a solid knowledge about all the immigration rules, jargon, what can cause potential problem in future and how to handle the complexities a case has.
Secondly, very professional, prompt replies and free consultations. One thing that i liked is that they all are very easy to reach including Rajiv ji itself and that helps a lot in calming down the immigration anxieties of clients.
Best wishes to you and your team.
Discussion Topics, Thursday, 20 October 2016:
FAQ: H-1B or Green Card changing job roles, How soon should I-485 be filed once dates are current; Changing jobs while a quota H-1 is pending; Changing jobs after I-140 approval; Applying for reentry permit; Filing a PERM based green card through a company owned or managed by a relative; Filing green card while on student visa F-1;
Other: How soon can I go for H-1 visa stamping; Does CBP officer at the airport have the right to search belongings, cell phone, etc? Large medical treatment bill; Green card for a nurse; Visitors/Tourist visa reentry; Using experience under PERM as a contractor; EB-1C if I have been in the USA already for three years; Traveling while H-1B amendment is pending; Applying for H-4 EAD; H-1B remainder option; Applying for tourist/visitors visa after having applied for green card; Factors affecting EB-1 green card; H-1 holder leaving USA for medical reasons.
My 6th year is expiring in Oct2010 and my employer is planning to file PERM in Feb 2010. My questions is
1.Will I be able to file for the 7th yr extension before my 6th yr expires, say in Sep/Oct 2010 (even if my Labor is pending and it hasn't been 365 days yet)?Meaning,can they just go ahead & file for the extension but request for the 7th year to start from Feb 2011 (i.e. 365 day point from the PERMfiling)?Or do I have to actually wait until Feb 2011 to even file for the 7th year extension?
2.If I have to wait til Feb 2011,what start date can my employer request? Oct2010-11 or Feb2010-11?
They can file 6 months ahead of the contemplated start date - as long as one year of PERM filing is over by that date. But you might have some gap where you cannot live or work in USA.
My PERM application was filed last june 2009. My H1B expire last Sept 2009. Can I still renew my H1B? I got 2 extensions of H1B already.
You can keep applying for H-1 extensions indefinitely while the PERM is pending (filed a year ago).
Our company has worked with the Law Offices of Mr Rajiv S Khanna for the past few years and he and his team has handled all our immigration needs. His team of Ms Baker and Ms Fisher have done another great job for one of our employees H1 extension case. It is seldom that you find companies with such remarkable bunch of people working in one team. Their work is very timely and efficient. They are always on top of things. We look forward with working with them in the future for all our immigration needs. Thanks team Rajiv. DVS Enterprises, LLC
Thank you much. The information provided was very helpful.
We have just received another H-1 approval for an end-client placement. There were two intervening vendors and the end-client declined to provide a letter stating that there is no requirement in law for them to provide any such letter. We had to get together convincing secondary evidence. I was highly doubtful we will get the approval, but we did. So, despite the January 8 memo from USCIS, there is life yet for consulting industry.
I work for IBM and have my appointment for H1 visa stamping at Toronto , my prior stamp h1b was also from Toronto , I just recd a call from US embassy stating that since I am not getting my visa stamped in my home country and if there is any administrative processing on my case determined by the visa officer i would be required to stay in Canada till the time the visa officer is not satisfied or gets the results of the administrative processing .... I wanted to ask have any other client of yours also got any similar message ?
Yes, we did get this information.
I was laid off by Company A on August 14th. I found a job with company B on October 14th. A transfer of H1B was filed by company B, but an RFE was raised asking me to prove that I had maintained my status. Since, I had no way of proving that I had maintained my status, a new H1B was filed by company B. The new H1B was approved. I have my stamping interview in 3 days. What kind of questions should I be prepared to answer? I am concerned that they might not approve my case. Please help!!
Merely being out of status is no ground for visa denial in your circumstances. Tell the truth. You should be ok on the status issue.
Recently (2009), I changed my status from H1B to H4. My Employer cancelled the H1B after I changed the status to H4 Visa. I have H1B petition document(I-797) with me.
1)Now Can I use existing H1B with the new employer?
2)Do I fall under quota or I need to file new H1B in this Year quota?
You will be exempt from the quota (assuming your previous employer was a private employer - NOT exempt from quota). The new employer will need to apply for an H-1 again.
We really appreciate the help of their office in immigration matters. Very professional and updated information. Especially Anna and Fran in H1B cases and Heather in Green Card Cases. Kudos!
U.S. Citizenship and Immigration Services (USCIS) issued updated guidance to adjudication officers to clarify what constitutes a valid employer-employee relationship to qualify for the H-1B ‘specialty occupation’ classification. The memorandum clarifies such relationships, particularly as it pertains to independent contractors, self-employed beneficiaries, and beneficiaries placed at third-party worksites.
What kind of problems can employment-based nonimmigrants (H-1, L-1, E-1, E-2, E-3, TN) face during reentry?
I think this question is most relevant for H-1 holders, but other employment-based nonimmigrants may also note the general principles here.
Here is a question from our clients-only extranet.
I am reproducing material from our employers-only (by invitation only) conference call for tomorrow. These matters need to be in place for H-1 new applications, transfers as well as extensions.
I would like to thank Mr. Rajiv Khanna for guiding me through from the time I applied for HIB through and until I got my green card. My special thanks to Ms. Bharati Gajjala, my case manager who was very responsive and she handled the process of submitting all the relevant doucumets professionally. I also thank Ms. Suman, who also assisted me when I requested for information. I would strongly recommend the services of "The Law Offices of Rajiv S. Khanna" to any one who want to apply for H-IB or for a Green Card. RAMA