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H-1B Approval for an Operations Research Analyst

3 years ago By Chief Editor

We were approached by an employer in the pharmaceutical manufacturing industry to respond to an RFE (Request for Evidence) for an Operations Research Analyst. The RFE indicated that the job duties were vague, and did not allow the USCIS to ascertain the minimum requirements for the position, or determine whether it constituted a specialty occupation.

Nonimmigrant Visas

Profession/Occupation

H-1B Approval for a computer and information systems manager

3 years ago By Chief Editor

We assisted in the filing of an H-1B petition for a newly established company in the healthcare industry for a computer and information systems manager. We received a request for evidence (RFE), asking for details about the employer and questioning the employee’s qualifications.

Nonimmigrant Visas

Profession/Occupation

H-1B Approval for a computer and information systems manager

3 years ago By Chief Editor

We assisted in the filing of an H-1B petition for a newly established company in the healthcare industry for a computer and information systems manager. We received a request for evidence (RFE), asking for details about the employer and questioning the employee’s qualifications. Oddly, the RFE specifically questioned the credentials of the professor, who had assessed the employee’s educational background and experiential qualifications.

H-1B Visa - Change of Status

3 years ago By Chief Editor 2 comments
Question details

I have an approved H-1B petition. Right now, I am in India. However, my spouse also holds an H-1B. Can I apply for an H-4 visa and travel to the USA with my spouse and apply for a change of status in the USA from consular processing and use my H-1B there. Will it affect my H-1B in any way?

 

Technically, the USCIS can object to applying for a change of status within 90 days after entry, if the change results in activities that are inconsistent with the original visa used for entry, the H-4 visa. The key question is whether applying for H-1B soon after entry into the USA is inconsistent with H-4, a visa that allows work authorization.

FAQ Transcript

Note: Where transcribed from audio/video, 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-1B Visa and seeking emergency visa appointment

3 years ago By Chief Editor
Question details

We are the parents of a minor (5 months) old U.S.Citizen daughter who is currently in India. We need to take our daughter to the U.S. for her 6-month vaccination doses. My H-1B visa and my spouse's H-4 visa need to be renewed, but unfortunately, there are no dropbox appointments available in any city. Is there a way an exemption can be made for our travel? I am a civil engineer who has built commercial facilities and will be building more commercial facilities in California, USA.

You can try seeking an emergency visa appointment based on medical reasons applicable to your daughter.

 

FAQ Transcript

Note: Where transcribed from audio/video, 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-1B visa and applying for National Interest Exception

3 years ago By Chief Editor
Question details

I am presently in the U.S. and will be visiting India to get my H-1B Visa stamped.  As there are travel restrictions for passengers from India to the US, will I be allowed to enter the U.S. on an H-1B visa? Presently I am staying in the U.S. on OPT.

Unless you are covered by an exemption, you will have to apply for a national interest exception. Also, getting appointments for visa stamping is not particularly easy at the moment.

 

 

FAQ Transcript

Note: Where transcribed from audio/video, 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-1B visa expired - Travel to the U.S. based on daughter's U.S. passport

3 years ago By Chief Editor
Question details

We are currently in India, and one of my daughters is a U.S. citizen by birth. However, our H-1B visa expired a few years ago. So now we do not have any valid U.S. visas. Can we travel to the U.S. now based on my daughter's U.S. passport? Please advise as we heard many such parents are traveling like this, Are there any options for us?

 

You cannot reenter the USA without a visa.  Having a US citizen child exempts you from the travel ban, but not from the visa requirements.

 

FAQ Transcript

Note: Where transcribed from audio/video, 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.

Intermittent H-1B employment

3 years ago By Chief Editor
Question details

I recently transferred from the U.S. to the UAE office since I was not selected in the H-1B lottery in March. I was then selected in the second lottery and my company has started the H-1B process. Can I do short-term 1-2 week visits on H-1B every few months instead of B-1? Do I need to be employed to enter the U.S. using H-1b?

While intermittent H-1B employment is permitted, it is only for the job for which you have an H-1B approval. You cannot use an H-1B visa to travel to the US intermittently without that job.

 

FAQ Transcript

Note: Where transcribed from audio/video, 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.

Exploring Other Options During H-1 Transition

11 years ago By Chief Editor
Question details

As my husband's H-1 expires, we are moving back to India around August/September. I am exploring options to quit my job (also on H1) in the last 2-3 months, but since this is a short period, I'm looking for the most convenient and economical transition. Can you please advise:
- Convert to H4: What is the expense incurred and how much in advance would I have to apply for this?
- I have a tourist visa that is valid till 2016- can I take advantage of this?
- Is there a grace period after leaving a job here (giving up your H1) that I can take advantage of if I time it properly?

You will need to figure out the filing fees for Form I-539 (used for H-4). You can convert to tourist visa (status) if you leave USA and reenter using the tourist visa. To let you back in or not would be at the discretion of the CBP officer who interviews you.

USCIS Reaches FY 2014 H-1B Cap

U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2014. USCIS has also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the advanced degree exemption. After today, USCIS will not accept H-1B petitions subject to the FY 2014 cap or the advanced degree exemption.

Nonimmigrant Visas

USCIS News Release on FY 2014 H-1B Cap

11 years ago By Editor

WASHINGTON—For the first time since 2008, U.S. Citizenship and Immigration Services (USCIS) has reached the statutory H-1B cap of 65,000 for fiscal year (FY) 2014 within the first week of the filing period. USCIS has also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the advanced degree exemption.   

Guestbook Entry for Gebre Haile, United States

11 years ago By Anonymous (not verified)
Name
Gebre Haile
Country
United States
State
Virgina
Comment

We have known Mr. Khanna and his firm for many years.  We contact The Law Offices of Rajiv S. Khanna primarily to receive expert advice on H1B petition including transfer. 

Mr. Khanna is very experience counsel and his continued advice to our firm as well as our potential employees is greatly appreciated.  Besides performing well at his duty, we found Mr Khanna and his team including Anna Baker to be a great source of information on H1B and more. Mr Khanna and Ms Baker are always willing to provide professional immigration advice to business owners like us over and above their normal call of duty.  Hence I fully recommend Mr Khanna’s firm to provide immigration services to employers and its potential hires that may require work visa including H1B.  

Tracking H-1B Petition During Quota

11 years ago By Chief Editor
Question details

How will I know if my H-1B petition has been accepted in the quota?

For cases filed with Premium processing, USCIS will issue a receipt notice via e-mail.  Cases filed with regular processing will have to wait until either the receipt notice is sent via USPS (U.S. Postal Service ) or the case is returned by USCIS.

Guestbook Entry for Rajani Gurram, United States

11 years ago By Anonymous (not verified)
Name
Rajani Gurram
Country
United States
State
Illinois
Comment

I would like to really thanks a lot for the guidance provided by the law office of Mr.Rajiv during my H1 extension process. In my case it was a double RFE and the whole team worked a lot to get me out of it. Finally got my H1 approved. I can strongly recommend taking services from Mr.Rajiv's law firm as I personally feel we are in safe hands.

Validation Instrument for Business Enterprises (VIBE) System

11 years ago By Chief Editor
Question details

USCIS sent an RFE for my H-1B petition and indicated that they have attempted to validate the company or organization in its Validation Instrument for Business Enterprises (VIBE) system. What is this?

USCIS has indicated that VIBE allows USCIS to electronically receive commercially available information from an Immigrant Investor Program (IIP), currently Dun and Bradstreet (D&B), about apetitioning company or organization.  This information includes:
•    Business activities, such as type of business (North American IndustryClassification Systemcode), trade payment information, and status (active or inactive)
•    Financial standing, including sales volume and credit standing
•    Number of employees, both on-site and globally

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