Guestbook Entry for Alexander S., United States
Name
Alexander S.
Country
United States
State
IL
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Guestbook Entry for Sreekanth, United States
Name
Sreekanth
Country
United States
State
FL
Comment
We recently had an issue with my cousin's OPT status. She is in 'CAP-GAP RELIEF' category and needed to travel to India for her wedding. Rajiv provided his guidance and advice on several things relating to this issue. He informed us of all the Pros and Cons of travelling while in CAP-GAP extension. He guided us contact the 'right' authorities to get some of the answers. We totally appreciate his time and valuable advice.
H-1B Count at 41,500 as of 27 April
As of 27 April 2012 count, USCIS has received 29,200 regular cap H-1 B petitions and 12,300 advanced degree H-1B petitions. These numbers are considerably higher than the ones we saw at this time in the fiscal years 2011 and 2012 (we are now in FY 2013).
USCIS Policy Memo on Adjudication of H-1B Petitions for Nursing Occupations
This policy memorandum (PM) provides guidance on the adjudication of H-1B petitions for nursing positions. Specifically, this PM assists U.S. Citizenship and Immigration Services (USCIS) officers in determining whether or not a nursing position meets the definition of a specialty occupation. This PM supersedes any prior guidance on the subject.
Please check the attached document to read USCIS Policy memo.
Community Conference Call, 2015, March 5 (Every Other Thursday)
Immigration.com
Citizenship and Naturalization
Immigration Law
How Does H-1 Visa Quota System Work?
Question details
I am an Indian and have been living in London for the last 6 years and currently in the process of getting British Citizenship, which I am hoping to get by April and subsequently British Passport by June. I work for a leading international bank in London.<br>
My girlfriend is currently doing Masters in Illinois, USA, so, I am looking to move to US, but understand the H-1B visa is a bit complicated.
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My question is, how does the quota system work for H-1-B visa and when does the new quota start, and what's the best period to apply for one? So, If I am looking to move there in October 2015, when do I have to get an employer to apply for H-1B for me (provided an employer agrees to sponsor me)? or, is there a particularly good time to apply for H-1B visa?
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Also, is it easier to get the visa if I am there physically in the US or it doesn't matter?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
USCIS Will Accept H-1B Petitions for Fiscal Year 2016 Beginning April 1, 2015
On April 1, 2015, U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions subject to the fiscal year (FY) 2016 cap. U.S. businesses use the H-1B program to employ foreign workers in occupations that require highly specialized knowledge in fields such as science, engineering and computer programming.
The congressionally mandated cap on H-1B visas for FY 2016 is 65,000. The first 20,000 H-1B petitions filed for individuals with a U.S. master’s degree or higher are exempt from the 65,000 cap.
Green card through two employers and future employer
Question details
I am in a very difficult/complex situation, the situation is as below:<br>
Have been on H-1 for 3 + 3 + 3 + 1 years (last 4 years extended based on approved I140). Have approved I-140 with priority date of June 2010 in EB-2 category. H-1 extension was denied last year hence had to leave employer A, now I am on H-4 and will be soon filing H-1 with employer B. I have following questions on which I am requesting your opinion. <br><br>
Q1. When my priority date becomes current and if I am still with employer B, can employer A still file my I-485 and that way I can then get the EAD and join him on EAD? :<br>
Q2. Further, do I have to be working with employer A on an active H-1 visa to be eligible to file EAD when my priority date becomes current? :<br>
Q3. If question 1 approach works, can I then continue to work with employer B and employer A can process my green card in parallel. :<br>
Q4. What are the risks in working for employer B when my I140 is with employer A. Note that employer A is willing to preserve my I-140 and process green card eventually without me working for him, because he is unable to find me any projects? :<br>
Q5. I do plan to file for a new GC with employer B but worry is the priority date is likely to become current before I complete GC process with B. :<br>
Q6. Do I need to be with employer A for my wife to apply H-4 EAD based on my I-140 with A (note that currently I am with employer B).
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://www.youtube.com/watch?v=baprYGs8IzQ&t=893
FAQ Transcript
Radio Show, 2015 March 20, On Immigration Action, H-4 EAD, L-1B Denials
Nonimmigrant Visas
Immigration Law
Recording of Community Conference (Every other Thursday), 2015, March 19
Immigration.com
Nonimmigrant Visas
Immigration Law
Considerations for AC21 job portability
Question details
My I-485 (based on EB-1) is pending more than 180 days. If I decide to change jobs under AC 21 rule -<br>
(1) Does the new job description should be same as by definition of EB-1 or should it match my current job description based on which I applied for GC in EB-1B?<br>
(2) Do you advise to change using EAD or transferring H-1B? <br>
(3) Based on your experience, will you advise to change jobs under AC 21 or stay in the present job until GC is approved?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/GtOqgqgEG6I?t=242
FAQ Transcript
I'd like to thank Law Offices of Rajiv S. Khanna, for all the assistance with my case. The whole GC process through your offices was a real pleasant experience. As I am mentioning below, it took USCIS 6 years to adjudicate this case, when it was transferred from my former company, but it was possible only because of prompt intervention from your side and finding the correct resolution for this problem. I couldn't say that it happened by itself - it was truly a collaborative effort between Mr. Khanna and all other people of Law Offices of R.S.Khanna, my current company, my former employer, and last but not least, support from my family. Unfortunately, it showed how inefficient the government could be in certain aspects, and only diligence and persistence turned this into a success.
There was a complex RFE for I-485 AOS based on employment 2 years ago, which involved a H1-b denial of extension for former employer, handling status during that period, new H1-b, and travel to home country for visa stamping.
I’d like to thank Mathew Chacko for handling my case and all aspects of it.
I'd like to mention the diligence of Bharathi for answering to my emails almost instantenousely.
I'd like to thank Mr. Iqbal for stepping in and making sure about timely communication with USCIS NSC.
I'd like to thank Leslie and Prernaji for helping with other matters.
If you need your complex case done right, don’t hesitate to contact Mr. Khanna and his wonderful team.