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Rules for Counting 6 Years of H-1B

7 years ago By Chief Editor
Question details

I got H-1B approval in August 2013 valid from Oct 2013 to Sept 2016. After this, I traveled to the US in August 2014 on H-1B & I am here till now. My question is, till what time I can stay in the USA. I know for H-1B we get 6 years. But will this count my earlier stay on L-1B? For more than 2 years, I didn't enter to the US.

Will it be until August 2020 or ( August 2020 minus the L1B stay ) ?

Watch the Video on this FAQ: Rules for counting 6 years of H-1B

Video Transcript

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.

Changing Jobs and Supplement J

7 years ago By Chief Editor
Question details

How long does the supplement J form take for approval? What happens if supplement J is denied? Can I work with the new employer without filing supplement J?

Watch the Video on this FAQ: Changing jobs and Supplement J

Video Transcript

Supplement J is essentially a replacement for employment letters. See my blog for the rules. 

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.

Administrative Review - EB3

7 years ago By Chief Editor
Question details

I just had my interview with my family for an EB 3 application. Everything went well until the consul asked my years of working experience as a nurse. I only had a total of 21 months of working experience. Then she right away told me, "Oh I'm sorry, but your application is under EB 3 skilled worker since you are a nurse and you need to have 24months for you to qualify, I will have to send you to the releasing to give you further instruction." But having read all of these PERM law and provisions, why did the consul said that my case is for administrative review? Can somebody clear this up for me?

EB-3, whether for nurses or any other worker, requires either 2 years of experience OR a bachelor's degree.

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.

Regarding Impact On H-4 EAD During Job Change

7 years ago By Chief Editor
Question details

1. If I have my I-140 Approved and its been more than 180 Days after approval then I believe that even if I change the employer the I-140 does not gets revoked and it still stays valid. I can continue to extend my H1B with my old I-140. Is my understanding correct?<br>

2. If suppose I have applied for my H4 dependents EAD while I am in my first company and both of us are working. Now it's been 180 days after my I-140 got approved and I switch my employer. In this case does my dependents EAD get's affected in any way?
<br>
3. Now assuming that answer to the first question is Yes, but I believe that in order to apply for GC my new employer has to file my PERM and I-140 again. If that happens will my dependents EAD gets affected in any way until the new I-140 gets approved?

1. The essence of your understanding is correct. You are safe against revocation.
2. No effect on H-4 EAD of H-1 change of jobs, as long as the H-1 holder maintains status.
3. Again, no effect on H-4 EAD if your new green card is filed.

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.

Guestbook Entry for Parthi, United States

14 years ago By Anonymous (not verified)
Name
Parthi
Country
United States
State
Georgia
Comment

Thanks for Rajiv Khanna and his team for helping me in getting my Green card. We received our Green card last week after we opened Service Request. Thanks for helping all these days in getting EAD/AP without any trouble and much appreciate your kind responses. Thanks Prerna Mehta for your help all these days. Parthi

DHS Launches First-of-Its-Kind Campaign to Combat Human Trafficking

14 years ago By Editor

For Immediate Release
Office of the Press Secretary
Contact: 202-282-8010

Fact Sheet: DHS Blue Campaign 

Department of Homeland Security (DHS) Secretary Janet Napolitano today launched the “Blue Campaign”—a DHS-wide initiative to combat human trafficking through enhanced public awareness, victim assistance programs, and law enforcement training and initiatives.

EB2 eligibility

14 years ago By Chief Editor
Question details

I have completed my Bachelor's Degree in Computer Science Engineering (4yrs) and working as a Subject Matter Expert in US on L1B visa with a work experience of 4yrs. I have completed 2 Microsoft certifications and AICPCU certifications. Will I be eligible for processing Green card on EB-2 category ?

You will need 5 years of post-bachelor's experience. Certifications do not usually help.

EB2, volunteer work counted as an experience?

14 years ago By Chief Editor
Question details

I am an OT practicing here in the US and came from another country. I graduated with BSOT and had an OT VOLUNTEER work for 2 years in an adult setting back home. Would that count as a part of the 5 years experience? And from that 2 years, I was not yet licensed OT for the first 6months.

GENERALLY speaking, for EB-2, there is no requirement that I know of mandating paid experience. Volunteer experience could potentially be used.

H4 Visa Stamping

14 years ago By Chief Editor
Question details

I recently switched jobs and had my H1-B transferred from Company A to Company B. I have all the H1-B sponsorship documents in place from Company B.
I am married and my wife is on H4 visa. My wife is currently in India and she has a valid visa and I-94 based on my Company A H1. My wife’s visa and I-94 are valid thru Sept. 30, 2010.
My question is, although I have the all the approved papers for my wife’s new H4 visa based on Company B, instead of having her go for a re-stamping can she fly back on her old but valid visa and I-94?

PERM ROUND 11 FAQs

14 years ago By Editor

The Department has posted new Frequently Asked Questions (FAQs) addressing filing and documentation requirements in response to questions received from the regulated community. To view the PERM Round 11 FAQs, please check attachent. 

State Dept.'s Final Rule On Electronic Application For Immigrant Visa and Alien Registration

14 years ago By Editor

This final rule amends the Department of State's regulations related to the application for an immigrant visa and alien registration, to offer a completely electronic application procedure as an alternative to submission of Form DS-230, the Application for
Immigrant Visa and Alien Registration.

This rule is effective August 3, 2010.

H1 Visa

14 years ago By Chief Editor
Question details

I have come to US through my company with my L1 Visa. I am currently working with my client. There is an agreement between my company and my client not to hire my company employees within 6 months after quitting. I cannot move to any other company here in US as i am on L1. My company is not willing to file H1 either. If I have to move to a different company I should have a H1 Visa filed.
Recently my client offered me to join their company, but I don't have my H1 and i cannot join my client company even if i get my H1 because of the 6 months restriction. What are the different options to join my client.

This seems to be an issue of contract only. Immigration law does not stop you from changing.

Guestbook Entry for Vamana Murti, United States

14 years ago By Anonymous (not verified)
Name
Vamana Murti
Country
United States
State
California
Comment

Our green card applications just got approved and now we are waiting for the cards to arrive. Law offices of Rajiv Khanna did a wonderful job in our green cards processing.  Rajiv Khanna is a nice person and his advice through phone calls and emails helped us in resolving the issues. Rajiv's team is one of the best team I have ever worked with and they beat my expectations in terms of QUALITY of service. Especially Amrita and Bharathi are helped me several times and they are very helpful and prompt in responding to emails. I would strongly recommend Law offices of Rajiv Khanna to anyone in the future who require immigration assistance.

CRS Report On Policy Considerations Related to Guest Worker Program

14 years ago By Editor

At present, the United States has two main programs for temporarily importing low-skilled workers, sometimes referred to as guest workers. Agricultural guest workers enter through the H-2A visa program, and other guest workers enter through the H-2B visa program. Employers interested in importing workers under either program must first apply to the U.S. Department of Labor for a certification that U.S.

Fingerprint Notification for California and Arizona Asylum Applicants

14 years ago By Editor

U.S. Citizenship & Immigration Services (USCIS) experienced technical difficulties with the Form I-797C, Notice of Action - Fingerprint Notification.  USCIS did not print and mail this form to asylum applicants living in California and Arizona between July 8, 2010 and August 4, 2010. 

What You Should Do

Go to the nearest USCIS Application Support Center (ASC) for fingerprinting and biometrics collection before your asylum interview if you:

HHS Updates Poverty Guidelines

14 years ago By Editor

[Federal Register: August 3, 2010 (Volume 75, Number 148)] [Notices]
[Page 45628-45629]
From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr03au10-71]

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of the Secretary

Delayed Update of the HHS Poverty Guidelines for the Remainder of 2010

AGENCY: Department of Health and Human Services.

ACTION: Notice.

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