My spouse is on H-1 visa and his former employer filed I-140 and then my spouse changed his employment to another employer and transferred his H-1, the I-140 has not been revoked by former employer. So my H-4 is with the former employer valid for three years, and current employer for my spouse has not filed H-1 for me. Is the H-4 from the former employer valid for file EAD or do I have to apply for H-4 again and what would be the documents that would I need to file H-4 EAD ?
Every time the H-1 holder changes job, the H-4 holder does not need to re -apply for H-4. Your H-4 is good. You don't have to have different H-4 for the employer. Of course, every time the H-1 holders change their job they have apply for new H-1 but as long as you never violated status and H-1 holder has never violated status that H-4 continued to be good from job to job to job, you are good.
Your second question was what document need to file H-4 EAD?
I got my H-1B petition approved last year, it got extended as well. I have never used any of these visas to work in the U.S. though I have travelled few times to U.S. but on B-1 visa for meetings with the customers. So the question is when do I become exempt from the H-1 quota?
In your situation when you are outside the USA, you become exempt from the H-1 quota when you get your visa stamped. So I think USCIS interpretation of law is faulty and incorrect, because in my view as soon as H-1 is approved you should be exempt from the quota but USCIS has taken the position that unless you get the visa stamped from the consulate we will not consider you exempt if you are outside the USA. So it appears to me that you should be exempt from the quota.
I just got my citizenship and now wants to apply for my younger sister, who is alone in India. I lost my parents few years back so she is all alone but she is above 18. Is there any way I as a brother and only relationship here in United States apply for her Green card in such a manner that she can be here in United States as soon as possible.
Siblings Green Card is like planting mango trees, in India we used to have saying that mango trees takes so long to bring fruit that one generation plants the tree and the second generation eats the mangoes. It's kind of that for sibling cases, it takes 13 years for the Green Card to come through and there is no way we can expedite that Green Card.
It has been a pleasure working with Rajiv and office for almost 8 years now. Each case has been given personal attention. Suggestions given for how to project tough cases. Team has always been supportive and meticulous. Cases are handled in a very professional way. Looking forward to be working with them for many more years.
I am on H-1B visa more than 6 years. I also have I-140 approved. However my H-1B is under renewal process. I do have 'receipt of notice' but not approval notice yet. Looking at the waiting time I don't think I will get H-1B approval along with renewed I-94 before May 26th 2015. I need to file EAD for my wife on 26th May.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/y6RtaKhuoIY
My I-140 was approved on Sept 2011. I came to US on 2008 beginning on L-1 visa and then my employer converted to H-1 visa. On February'15 I got an extension on my H-1 visa based on I-140 approval but I didn't get it for 3 years from Feb'15 rather I got it till Nov'16 (about 1 year 10 months). I am thinking to join another company now. What should I consider before I transfer my H-1 to employer B from employer A on my situation? My wife is on H-1 and it’s valid till 2018. I am also thinking my wife to apply H-4 EAD rather continuing on H-1. Is that going to be a better option?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
FAQ Transcript:
To: All SEVIS users
Date: May 6, 2015
Re: SEVIS I-901 Fee Fraud Alert
Number: 1505-03
Comments
To comment on this Broadcast Message, please email SEVP@ice.dhs.gov with “Broadcast Message 1505-03 Comment” entered in the subject line.
We have been using Rajiv and his team over the past four years to help our employees apply for H-1 visas and permanent residency through labor certifications. In all cases, Rajiv and his team has been very proactive in explaining in detail the nuances of each unique case, the approach to take to speed up the process and chances of success and the follow through on all the proposed course of action is very thorough. His staff is prompt in sending us completed paperwork, helping us through our paperwork ensuring it is correct and detailed to the USCIS requirements. His staff (Anna, Heather, Judi, Vijay) have been very professional to work with and we have had success in all cases. We will continue using Rajiv and his team for all our immigration needs.
I have even used them previously for my H-1/H-4s and green card case.
If you are looking for immigration advice or counsel, use the proven team of Rajiv.
Avtar
Mr. Khanna is one of the most knowledgable lawyers I have spoken to or heard off.... He understood our situation and offered several solutions to us. Hats off!
My H-1B status will expire the last week of January 2013. I cannot file my petition for an extension until after January 1, 2013. Will that be too late to file an extension?
A petition is considered to be timely filed as long as it reaches USCIS prior to the expiration of your current H-1B status.
When there are multiple I-140 approvals, how do you link the appropriate approval to the pending I-485 petition?
If an I-485 is already pending, a newly approved I-140 can be linked to it by sending a written request to the USCIS. Include all information and relevant copies to clearly explain the transfer of the I- 485 petition to a different I-140 approval.
Is any action required when an I-140 sponsoring employer undergoes acquisition, merger, or restructuring?
If the I-140 petition is still pending, then USCIS needs to be notified in writing of the change. If the I-140 is already approved, then an amendment needs to be filed by the successor-in-interest petitioner. Note that the successor-in-interest petitioner must take over the rights and liabilities of the earlier petitioner, including the immigration matters.
What degrees qualify for EB-2?
In June 2007, the USCIS clarified what is considered to be equivalent to a U.S. Master’s Degree for Employment-Based Category 2. Each petition and its supporting documentation are examined on a case-by-case basis and degree equivalencies are based on the evidence presented with the individual case. However, the below is provided as a general outline:
1. U.S. Master’s Degree – As long as it is in the field required, no additional document is required.
Released: Jan. 2, 2013
Contact: DHS Press Office, (202) 282-8010
The Cambodian government has indicated that it intends to begin accepting intercountry adoption petitions on Jan. 1, 2013. Cambodia joined the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (the Hague Adoption Convention) on Aug. 1, 2007.
On January 2nd, 2013, U.S. Citizenship and Immigration Services (USCIS) announced that certain immediate relatives of U.S. citizens present in the United States without a visa, who are in the process of seeking immigrant visas to become lawful U.S. permanent residents, may apply and be approved for provisional unlawful presence waivers before departing the United States to attend their immigrant visa interviews. USCIS will begin accepting provisional unlawful presence waivers on March 4th, 2013.
Is a transfer possible from a cap-exempt to cap H-1B?
It is possible. You will have to follow the April-October time frame, except where you apply for concurrent cap employment to run together with your cap-exempt employment.
I was in US from 2003 on F-1. I finished my Ph.D. here and changed to J-1 Status. I want to travel during 2012 summer, but need to go for J-1 Stamping. Do you think it will be a problem? Is there a chance that I might be stopped because of 214(b)?
Immigrant intent is definitely a consideration for issuance of J visas. As to whether or not you may have a problem is impossible to predict. If you can have a safety net of an H-1 (if needed), you would be better off.
I am on an L-2 Visa with an EAD valid until June 2014. I am already a contract employee with an MNC (multinational corporation). Can my company extend an offer of permanent employment to me?
You do not currently have the visa to work permanently. But, there is NO PROBLEM with you working on a permanent job on temporary basis.
I have two more years to complete a Ph.D. with a valid I-20, but my Visa expires in August 2013. I want to visit India in June-July 2013. If I come back in July, do I need to apply for F-1 visa (and F-2 visa for my family) extension? Would I have problem in reentry if I have one more month of valid F-1/F-2 visa?
You will need a new visa only if you return after August 2013. Check with your DSO to make sure you have all the appropriate requirements completed.
I am currently in my 7th year of H-1B visa. I work as a software developer full-time with a reputed software and ATM (Automated Teller Machine) hardware company. My perm with DOL just got denied; the reason mentioned was the SWA (State Workforce Agency) Ohio job order does not mention minimum experience requirements. However, the ETA form mentions 60 months of experience, and this does not appraise US workers from applying. However, the lawyer argues that there was no room to mention experience requirements in the Ohio job order.
If indeed there is a defect in the form, USDOL should be able to approve the PERM within a few months upon an MTR. BALCA has put out a number of rulings in the last few months permitting such cases to be approved. In my opinion, it is highly unlikely that the form does not have experience drop down or similar fields. That is just too improbable. The problem may be more complicated than that.
Resource designed to enhance consistency and efficiency of immigration adjudications
I would like to express my gratitude and thankfulness to the Law offices of Rajiv Khanna for their expertize in handling my case from the very beginning.
Through out this journey Rajiv and his team(Art Shifflett) were so detailed, deligent and very informative in handling of our cases. They are very professional and prompt in resolving any issues with USCIS.
My special thanks to Art Shifflett , he is very very prompt and polite person, he always responds to emails right away and even if you forget he reminds and follow ups, he forwards all questions to appropriate person and makes sure you get the answer you are looking for.