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.
Recording for November 30 2023, Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
FAQs: H-1B visa transfer before arrival into the USA|| Employee paying for green card and H-1B premium costs || Using an old H-1B visa stamp of a different employer
H-1B visa transfer before arrival into the USA
Question details
This is regarding the H-1B transfer from India before working for Employer.
I have the H-1B visa stamped with employer A, but now I want to transfer the H-1B to Employer B. I have not yet entered the USA and I have not started working for employer A.
Can I transfer the H-1B visa to new Employer B, and what are the mandatory documents that are required?
Also, I wanted to know if the pay slips are mandatorily required for H-1B Transfer as I don't have any. Looking for more details about pay slip requirements.
If I can transfer my H-1B to Employer B, then should I travel to the USA and then start the process or should I do it from India?
FAQ Transcript
Yes, you can transfer your H-1B visa from employer A to employer B even if you have the visa stamped with employer A and haven't entered the US. Pay stubs are not mandatory for this transfer, and you can travel on the old visa stamp with the new employer's H-1B approval. However, it's advisable to consult with H-1B lawyers before traveling. Ensure you obtain the H-1B approval from the new employer before entering the U.S.
USCIS Reaches Fiscal Year 2024 H-1B Cap
USCIS has received a sufficient number of petitions needed to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year (FY) 2024.
USCIS will send non-selection notices to registrants through their online accounts over the next few days. When USCIS finishes sending these non-selection notifications, the status for properly submitted registrations that USCIS did not select for the FY 2024 H-1B numerical allocations will show:
Recording for December 14, 2023, Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
FAQ: Converting from B visa to any other status such as H-1B, etc.
Employee paying for green card and H-1B premium costs and Using an old H-1B visa stamp of a different employer
Question details
Question 1
1. Is it legal for an employee to pay all the expenses of a green card (eb2 / eb3), such as cost of attorney, pwd, recruitment, perm, I140 premium, I485, etc.?
2. Is it legal for employee to pay the cost of h1b premium transfer?
Question 2
My question is related to H1B stamping.
I have a stamped visa till April 2024 from my previous company.
I have a new I-797 from my current company.
Do I still have to go for Visa Stamping if I visit India in December 2023.
FAQ Transcript
Answer 1: Employees cannot legally pay for green card expenses, H-1B fees, or premium processing associated with PERM. For the green card process, the employer must cover all costs. In the case of the I-140 stage, the employer should pay, especially if the employee is on H-1B. However, for the I-485 stage, the employee can pay.
Regarding H-1B, the employer should generally cover all expenses, except for premium processing. If premium processing is for the employee's benefit and the employer opts not to pay, the employee can choose to cover the cost. If premium processing is for the employer's convenience, the employer must pay.
In summary:
Green Card (PERM): Employer must pay; employee cannot.
I-140 stage: Employer should pay, especially for H-1B holders.
I-485 stage: Employee can pay.
H-1B expenses: Employer should pay, except for premium processing.
Premium processing: Employee can pay if for their benefit; otherwise, employer must pay.
Answer 2: Additionally, an employee with an old H-1B stamp from a previous employer can use it for a different employer. There's no need for new visa stamping if there's a new approval notice. Traveling on the old stamp with the new approval is permissible.
Converting from B visa to any other status such as H-1B, etc.
Question details
I have a valid B-1 visa and have traveled to the US recently in April 2023. Now my H1B petition has been approved, and I am eligible for Dropbox. My employer is telling me that if my case does not get approved in Dropbox, he is asking me to travel on B1 and then get the status converted to H1B. In my I-129, it was mentioned as a change of status, as my I-94 was valid when my H1B was approved. I wanted to know if there will be any issues with coming to the US on B1 and changing the status if they call me for an interview in Dropbox. Also, I want to know if it is possible to switch employers with an approved H1B petition before getting my visa stamped. If I change the employer, will it have any issues?
FAQ Transcript
I strongly recommend against attempting to convert B-1 status to H-1B without approval. Additionally, changing employers without visa stamping may pose challenges according to government guidelines. However, we have a successful track record of handling such cases in practice. Always consult a lawyer.
Converting from B visa to any other status such as H-1B, etc.
Question details
I have a valid B-1 visa and have traveled to the US recently in April 2023. Now my H1B petition has been approved, and I am eligible for Dropbox. My employer is telling me that if my case does not get approved in Dropbox, he is asking me to travel on B1 and then get the status converted to H1B. In my I-129, it was mentioned as a change of status, as my I-94 was valid when my H1B was approved. I wanted to know if there will be any issues with coming to the US on B1 and changing the status if they call me for an interview in Dropbox. Also, I want to know if it is possible to switch employers with an approved H1B petition before getting my visa stamped. If I change the employer, will it have any issues?
FAQ Transcript
I strongly recommend against attempting to convert B-1 status to H-1B without approval. Additionally, changing employers without visa stamping may pose challenges according to government guidelines. However, we have a successful track record of handling such cases in practice. Always consult a lawyer.
Dec 15, 2023, Rajiv in QnA session on behalf of students, young professionals
Immigration.com
Nonimmigrant Visas
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mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
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