I am in the US in F-1 status. I just received a job offer and the company is ready to sponsor my H-1B. When can we apply for my H-1B visa?
If the employer is exempt from the quota, they may apply at any time. If they are subject to the quota, they can file the H-1B petition to reach USCIS no earlier than April 1, 2013, with a requested start date of employment no earlier than October 1, 2013.
I am in the US in another status. Can I travel outside the US while my H-1B petition is pending?
While it is possible to travel out of the US while the petition is pending, there are significant complications that may arise. You should consult with your lawyers before doing so.
I have completed all of my studies in college for my Bachelor’s Degree but have not received my diploma from the university. How can I show my prospective employer that I have the education necessary for him to sponsor me for an H-1 position?
You must submit evidence of the beneficiary’s educational degree at the time of filing. If all of the requirements for the degree have been met, but the degree has not yet been awarded, the following alternate evidence may be submitted: (1) A copy of the beneficiary’s final transcript; or (2) A letter from the Registrar confirming that all of the degree requirements have been met (if the educational institution does not have a Registrar, such letter must be signed by the person in charge of the educational records where the degree will be awarded).
My H-1B approval notice is valid for four more months. When can I begin the process to extend my H-1?
A petition to extend your H-1B can be submitted for receipt by USCIS no sooner than six months prior to the expiration of your current H-1B, so you could begin the process at any time now.
My project is going to end soon and my employer does not know if he will have another client with a project for me. How long do I have to find a new employer before I am out of status? What should I do if my current employer withdraws my H-1B?
There is no grace period when you are laid off. You will be out of status from the date your current employment ends. It is advisable to apply for a change of status to, for example, B1/B2, F-1, or H-4.
We were retained to file H-1B extension for the job title of Manager, HR and Training Operations [SOC (ONET/OES) Occupation Title of 11-3131 Training and Development Manager]. USCIS questioned that the job does not qualify as specialty occupation because the position falls within the category of HR Managers, and, as such, no specific degree or education is required to train for the position of HR Manager.
I have filed my new H1B and H1B amendment with Rajiv's office. They were great in getting the work done and respond back quickly on their side. They will also set up conference call with Rajiv directly for any immigration questions. Anna and Fran did a great job on thier part and answered all the questions in detail. Thanks, Naren.
An employer applied for an H-1B for me two years ago under the quota and it was approved, but then I was unable to come to the U.S. to start the job. Can another employer apply for an H-1 for me now, or will I be subject to the quota again?
You should not be subject to the quota, because you were granted an H-1B approval before.
I may be travelling US on H-1B next year with my spouse on H-4. Is there any possibility to find a job in US for my husband through H-1B sponsor by some consultants and how much risk is involved in this?
As long as there is quota remaining on the H-1B, the law permits change of status from H-4 to H-1. And, if the H-1 is denied, that does not affect the existing H-4. So, no legal risk that I can see.
Mr Khanna and his team are doing an amazing job helping me with my green card process. Rajiv's immense experience and the depth of his knowledge on immigration matters answered all my queries. It also helped me looking at things with a better understanding of immigration related rules. He and his team are courteous, knowledgable and thoroughly professional.
My PERM was filed on November 1, 2023, and my current visa expires on October 10, 2024. Am I eligible to apply for a one-year extension based on the 356-day rule? If so, is July a good month to apply for a one-year extension?
OR do I need to travel back to my Country and apply for an extension after 1st November 2024?
H-1B extensions beyond 6 years are possible through an approved I-140 or a PERM labor certification pending for 1 year. For PERM-based extensions, you can apply before the 1-year mark, but the extension only becomes effective after a full year. For example, if your PERM was filed on November 1, 2023, and your current H-1B expires in October 2024, you could apply for an extension in July 2024. However, the extension would only be effective from November 1, 2024. You may need to leave the country temporarily if there's a gap between your current H-1B expiration and the extension's effective date.
FAQs: Eligibility for 1-year H-1B extension under 365-day rule based on PERM filed on November 1, 2023 || Assessing eligibility and strengthening profile for EB2-NIW application without a research background
FAQs: Naturalization eligibility for recent extended absences over six months and less than one year from the U.S. || H-1B Grace Period Related Issues
I have just 50 days left on my H1B grace period, and I need to get an employer to transfer my H1B, or I will be kicked out of the States. My question is, which of the following paths should I choose?
1) I have a Canadian visitor visa, which is for six months, so can I go to Canada if I don't get a job by the grace period?
2) If I don't get an employer should I shift on B1/B2? If I do, how can I come back on H1B? Is there anything else you suggest to keep my H1B active?
1. Sure. If you're not in the US, you can go anywhere. Please review my post on the immigration.com blog and my article in the Economic Times.
2. If you think it will be difficult to find a job for a long time and are okay with returning to school and earning another degree, you should consider CPT an option. If you do not think you'll get a job relatively quickly, you should try the B-1/B-2 option. People have been getting extensions to B-1/B-2.
I don't have the words to express how wonderful I think this law firm is. We have been working with Rajiv and his teams for the past 2 years and we will be a lifetime client! It is a pleasure to work with people who are so lively and fun and know their stuff. I was thinking..."how & why do you tell someone who is EXCELLENT at what they do that they are greater than even they think?" Then I thought even Superman needs to know he's doing a great job! Thank you for all you do for us Rajiv etal. We are your BIGGEST FANS!!!