Guestbook Entry for Renata Sagdetdinova, United States
Name
Renata Sagdetdinova
Country
United States
State
Virginia
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PERM Audit and H-1 Expired
Question details
What happens if your H-1 expires before the PERM audit is cleared by DOL. Are we supposed to leave country. I have 20 months of H-1 life left to reach 6 years and my LABOR is in AUDIT status I am just wondering if I get an extension or will I be checked out of USA.
While a PERM audit or even an appeal against a denial after the audit is pending, you would still be entitled to H-1 extensions beyond six years.
Guestbook Entry for Pravin K, United States
Name
Pravin K
Country
United States
State
New York
Comment
I have been working within the financial industry in New York since past 6 years on H1-B visa. For my GC and H-1B extension, I chose to work with Mr. Khanna and his extremely capable team. In past 6 years, I have worked with different groups of attorneys for immigration visa things a couple of times, I can easily say that Mr. Khanna and his team was the best. Also, I had so many one-off non-standard situations with my visa application, but everything was very pleasantly accomodated and carefully handled by Mr. Khanna's team. There was no mistakes made and their advisement was absolutely spot on. Very very professional indeed. Thank you very much to all the guys who worked on my applications.
Guestbook Entry for Ishtmeet Singh, United States
Name
Ishtmeet Singh
Country
United States
State
Oregon
Comment
Mr. Khanna has sound judgement and deep knowlege about US Immigration laws. He gave me an honest and straightforward answer everytime I've had a complex situation in the past ten years on a range of issues from F1 to H1 to GC. The staff at Mr. Khanna's office is awesome too. They are very efficient and have good templates for most forms.
USCIS Announces H-1B Cap Exemptions Based on Relation or Affiliation
WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) announced in response to recent stakeholder feedback, that it is currently reviewing its policy on H-1B cap exemptions for non-profit entities that are related to or affiliated with an institution of higher education. Until further guidance is issued, USCIS is temporarily applying interim procedures to H-1B non-profit entity petitions filed with the agency seeking an exemption from the statutory H-1B numerical cap based on an affiliation with or relation to an institution of higher education.
USCIS Reminds Japanese Nationals Impacted by Recent Disaster of Available Immigration Benefits
WASHINGTON—In light of the recent earthquakes and tsunami in Japan, U.S. Citizenship and Immigration Services (USCIS) reminds Japanese nationals of certain U.S. immigration benefits available upon request.
USCIS understands that a natural disaster can affect an individual’s ability to establish or maintain lawful immigration status. Temporary relief measures available to eligible nationals of Japan may include:
USCIS to Start Accepting H-1B Petitions for FY 2012 on April 1, 2011
WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) announced that it will start accepting H-1B petitions subject to the fiscal year (FY) 2012 cap on April 1, 2011. Cases will be considered accepted on the date USCIS receives a properly filed petition for which the correct fee has been submitted; not the date that the petition is postmarked.
USCIS Reminds Grant Applicants of April 1 Deadline
U.S. Citizenship and Immigration Services (USCIS) reminded potential applicants of the April 1 deadline to apply for funding under the fiscal year (FY) 2011 Citizenship and Integration Grants Program. Organizations must apply electronically by 11:59 p.m. EDT on April 1 using the application package and instructions available at www.grants.gov.
Owning or Doing Business on H-1B
Question details
Is there any legal issues with starting a LLC for a software product on H1B based on below scenarios.
Scenario 1: Start a LLC in partnership with a US Citizen. For example say I would be 90 % stockholder and the other person would be 10 %. My partner would run the company and do all the work that is needed to sell the software product. I would be a passive owner and not involved in any active duties.
Scenario 2: Start a LLC as 100 percent stockholder and employ a GC holder or US Citizen as a manager to run the company. I would be a passive owner and the manager would do all the active duties. Is there any restrictions around how much salary i should pay the manager of my company? How about if i offer him/her 10 % of the stocks as a compensation instead of salary or offer him/her commission based salary?
Watch the Video on this FAQ: Owning or doing business on H-1B
Video Transcript
1. I do not see any problem with that.
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 Status During a Pending Application - Authorized Period of Stay
Question details
Currently, I am On My H1B, filled H1 extension on time, before I -94 expiry, ( Perm, I-140 Approved ). When H1 extension pending in normal process can I apply for a change of status to F1 by using the H1 receipt number? While I am on F1 if my Priority date is current, can I Adjust my status / file (i-485) when I am on an F1 visa? Will it be an issue If I am F1 visa to Adjust my status if priority date is current?
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.
Sept 3, 2020 Recording of Free Community Conference Call (Every Other Thursday)
Nonimmigrant Visas
Substantial transcription for video
FAQs: H-1B portability without a visa stamp || Unemployment benefits while on B-2 || Owning or doing business on H-1B || Unstamped H-1B quota exemption || Change of status on an H-1B approved for consular processing || Changing status during a pending application - authorized period of stay.
OTHER: Visas for Canadian permanent residents || J-1 waiver for multiple DS 2019 || Name discrepancy || Union membership for nonimmigrants or immigrants || Pandemic Unemployment Assistance, etc.
H-1B portability without a visa stamp
Question details
I came to US on H-4, so I have only H-4 stamping in my passport. Got my H1b picked up in lottery two years back, and did COS to h1, and have approved i797A with I-94 and working with my current employer.
Got an offer from another company, and they filed my H1b transfer, and got the i-797A approval with I-94.
So my question here is, can I join the new company using the H1b transfer approval, even though I don’t have H1b stamp at all in my passport? Will this be a valid H1b transfer?, or should I go back to India to get my H1b stamping to join the new employer?
Watch the Video on this FAQ: H-1B portability without a visa stamp
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.
Guestbook Entry for Kalyan Vuthunori, United States
Name
Kalyan Vuthunori
Country
United States
State
MO
Comment
My H1B amendment case was very unique situation where it was approved for 3 times and now USCIS issued RFE. Rajiv S Khanna Law firms has very specialized skill they go very deep into the RFEs and make sure all aspects are covered. I got three years approval. I highly recommend Rajiv S Khanna law firm.
Sept 17, 2020 Recording of Free Community Conference Call (Every Other Thursday)
Immigration.com
Green Card
Substantial transcription for video
FAQs: Priority date and original I-140 approval notice || Staying with the same employer for 180 days after I-140 approval|| Green Card holder stuck outside the US for more than a year|| Salary reduction on H-1B.
OTHER: Lawsuit for delay || EB-1C Consular Processing|| H-1B withdrawal by old employer, etc. || H-1B approved, current visa options || Section 319(b) naturalization || H-1B transfer after visa denial || Arrest for Marijuana || L-1A number of employees || Transferring H-1B with a copy of approval || L-1A for a newly acquired company || Filing green card on H-4 EAD || Supplement J issues, etc.
Unstamped H-1B Quota Exemption
Question details
I had an H1B from my previous employer that was valid from Dec 2016-Dec2017. I never got the visa stamped and it has complete 6 years unused on it. The question I need your help with is if an employer files H1B for me, would it be eligible for Cap-Exempt processing or not?
FAQ Transcript
The government may be pushy on this issue, but they do maintain that if you have not received a change of status, for example, from F-1 to H-1 or an H-1B visa stamp, if you are outside the USA, you are still subject to the quota. I think they are legally wrong. So the bottom line is you should try to go ahead and give it a shot, and I don't think the government is in a legally defensible position.
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.
During my immigration processing, I have dealt with many immigration lawyers with rather disappointing results. The Law Offices of Rajiv S. Khanna stand out in many ways for their professionalism, quality of customer service, promptness of business, profound legal knowledge and expertise, and above all, professional ethics. My case was complicated - I had an I 751 petition denied for lack of supporting evidence and did not have my US Citizen husband's support. So I wanted to get an H1 visa to be able to stay in the country. Mr. Khanna and his team members really helped me with my case by giving me a very sound advise. I found several differential advantages of Mr. Khanna and his team members: They were able to grasp and line up all the facts of my case with no confusion or room for interpretation. The did legal research for my case before giving me legal advise and BEFORE deciding whether to take my case or not. So they do not waste their clients' money. The work that they performed on my case was done very promptly without leaving me up in the air waiting for the results. The work that they did for me left me confident that I got the best legal help available on my case, which is very important as dealing with USCIS and Immigration lawyers can be very frustrating. Overall, Mr. Khanna and his team members saved me time, money, frustration, trouble, stress, and made working with them an enjoyable experience.
Mr. Khanna proved to be the best lawyer I had to deal with. I highly recommend the Law Offices of Rajiv S. Khanna to everyone without any doubts. I hope I will not sound too strong if I say - if there's anything that can be done on complicated immigration cases, Mr. Khanna and his team will do the best job for the best value with professionalism, honesty, ethics, and integrity that makes them markedly stand out amongst the immigration lawyers. If I ever need any legal help for my immigration, I will not go to any other place.