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Should I travel outside the USA/H-1B visa stamping

8 years ago By Chief Editor
Question details

I am on H1-B and my H1-B is validating till 2019 and priority date is 2014 and I recently changed my job. I-94 is expired in 2014. Due to new trump gov. Do you think that it will very risky to go to India and do stamping ? do you find people are facing issues in stamping? What should we do if we go for stamping and face the problem? What precautions should we take? Should we go for stamping or not

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When is an H-1B amendment required?

8 years ago By Chief Editor
Question details

I am on H-1B visa and my 9th year H-1B approval will expire on 09/01/2017. This approval is when I was working at client A and from 09/19/2016 , I am working at client B but my employer checked with Lawyer and she is saying no need to file amendment as it is in same MSA. Is that ok? and my wife she on H-4 with EAD she wants to travel to india and She has to go for stamping so since my H-1B amendment is not filed do you see any issues for her H-4 stamping ? Is it safe to travel ?

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Changing Employers With An Approved I-140 After January 17 2017

8 years ago By Chief Editor
Question details

I have approved 140, Green card EAD/AP card in EB2 from company-A and passed more that 180 days. I have maintained H-1B status since last 9 years instead of using EAD/AP as the need to go India for marriage so my future wife gets H-4 easily. Just transferred my H-1B to company-B. Company-A will revoke my I-140 in March 2017 due to company policy. I have following questions to ask you.<br>
1. Shall I get H-1B extension (beyond 6 yr) in future with company-B after I-140 revoke from my previous employer?<br>
2. I have EAD/AP card from my previous employer. Is it required to start GC process like labor and I-140 application again with company-B if my previous employer revokes my I-140?

You can continue to extend your H-1 even after I-140 is revoked by the employer, IF, the revocation was sent more than 180 days after I-140 approval.

Under AC21, you do not have to start a new green card if:

1. Your I-140 is approved;

2. Your I-485 has been pending for 180 days or more;

3. You will take an employment same as or similar to your green card job; and

4. You file Supplement J.

FAQ Transcript





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The new regulations, withdrawal of I-140, H-1 extensions

8 years ago By Chief Editor
Question details

I have an approved I-140 with priority date 2013 from employer A and my employer A is withdrawing it. I am going to apply I-140 with employer B now in regular processing and also porting the date. I will complete my 6 years of H-1 end of the year. Will I still be eligible for 3 years of H-1 extension with my approved I-140 from employer A?

Watch Video on this view FAQ: The new regulations, withdrawal of I-140, H-1 extensions

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Recording of Free Community Conference Call (Every Other Thursday), 2017, February 9

8 years ago By Chief Editor

Immigration.com

Citizenship and Naturalization

Nonimmigrant Visas

Green Card

Substantial transcription for video

Discussion Topics, Thursday, 9 February 2017:
FAQ: Extension of H-1 beyond six years, gap in H-1, late in filing PERM, etc; How can a US green card holder study abroad without losing their green card? || Automatic EAD extension, I-485 EAD; US Citizen applying for green card for brother or sister; How do we keep up with the rumors and changes in the laws; Should I travel outside the USA/H-1B visa stamping; When is an H-1B amendment required? || Job promotions during AC21 portability of green card; Impact of I-140 approval after 180 days, etc.

Other: Spouse of US citizen filing for naturalization; Following to join; Executive Order against criminal aliens; Change of status from L-2 to H-1B, remainder option, H-1 quota; Qualifying for OP after studying on H-4 visa, etc. || Starting green card from the I-485 stage; Going to home country for an extended period of time while green card is pending; Company going out of business during green card; Entry and reentry on visitors visa, etc.

Extension of H-1 beyond six years, gap in H-1, late in filing PERM, etc.

8 years ago By Chief Editor
Question details

My H-1B visa is going to expire in 01-Jan-2018 and if my employer submits my PERM application in the month of June (i.e. before 6 months of my current 6 years of H-1B visa duration).<br>

1) If my PERM gets approved before my current H-1B visa expires (i.e. before 01-Jan-2018).<br>
Would I be eligible for a H1B extension for 1 year since my PERM was approved before the current H-1B expiration?<br>

2) If my PERM gets approved after my current H-1B expires can my employer file for H1B extension of 1 year since my PERM is approved now.<br>

3) If my PERM is not approved before my current H-1B visa expires.<br>
Would I need to go back to India?<br>

4) I spent about 2 months (on vacation) in India. Can these 2 months be added back to my current H-1B visa? or this can only be added if my current employer files for my green card?

Watch Video on this FAQ: Extension of H-1 beyond six years, gap, in H-1, late in filing PERM, etc.

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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.

H-1 transfer during pending extension

13 years ago By Chief Editor
Question details

My H-1 extension with the current employer is applied and is pending. My current H1 expires on 25th. If I apply for a transfer to another employer after 25th Sept., then is it necessary to have approved both extension and transfer in order to work with new employer, because I file transfer after my expiration of current H1?

If, by the time your second H-1 is approved, the first H-1 is not, USCIS can approve the second H-1 only without an I-94.

Guestbook Entry for Rajendra, United States

13 years ago By Anonymous (not verified)
Name
Rajendra
Country
United States
State
Texas
Comment

My Sincere thanks to Rajiv S Khanna Sir and staff - Anna, Judi, Fez and Jagbir for helping our critical case in getting us back on status. Special thanks to Attorney Jagbir for services and advice. Team did an excellent job in preparing our documentation and Brief. I strongly recommend Rajiv Sir and his team as they have dealt with a very wide range of critical issues and had a great success. I wish Rajiv Sir and his team continued success.

Options for H-1 extension

13 years ago By Chief Editor
Question details

I already completed 6 years of H-1, approved I-140. if I get laid off and change my status to H-4 can I change my status to H-1 after 1 year and still use my previous priority date and in that situation will I get H-1 approval for 3years? If I decide to pursue my further studies and change my status to F-1, and after my graduation or during my study, if I find a new employer can I get h1 approval with my old I-140 since I already completed 6years of H-1 and didn't leave country physically for 1 year. Will it be an issue?

In order for you to reset the 6-year clock on H-1, you have to be physically outside USA for one year. You can, however, get H-1 extensions continually for any employer if your I-140 is not revoked by the old employer or by USCIS.

Visa Stamp

13 years ago By Chief Editor
Question details

I am planning to go home (outside US) for a month vacation this coming Dec. I have a visa stamp from my PREVIOUS employer that will expire on March 15, 2012.
1. Do I still need to go to the US embassy in my home country (where I am going for a vacation) since I have a new employer?
2. Could I use the visa stamp from my previous employer and present it to my point of entry?
3. Let's say I did not move to another employer, is there a time line when I can still use the visa stamp when I leave&go back to US(like for example, mine is nearing the expiration)?

Guestbook Entry for Raj, United States

13 years ago By Anonymous (not verified)
Name
Raj
Country
United States
State
Ohio
Comment

Thanks so much to Mr Rajiv Khanna. He is a true gentleman and extremely helpful. He was kind enough to spare time from his busy schedule to help me out and answer critical questions regarding my immigration situation. I am extremely impressed by his professionalism and eagerness to help. I strongly recommend him and his team to everyone .

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