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Sept 30, 2021, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

3 years ago By Chief Editor

Nonimmigrant Visas

Green Card

Discussion Topics, Thursday, September 30, 2021:

FAQ: Obtaining student or visitor's visa while a green card is pending || Continuing to use H-1B when I return on Advance Parole || Nuances of changing employers during the green card process || Green card holder working on multiple jobs - Is it legal? || How long can green card holders stay outside the U.S.? || Effect of a career change on naturalization process and timing.

Successful lawsuit for H-1B extension of stay

3 years ago By Chief Editor

We filed an H-1B extension petition for a small software company that offers customer software and technology solutions to the local clientele. USCIS approved the classification portion of the petition, but denied the portion of the petition requesting an extension of stay. USCIS stated that beneficiary had failed to maintain his nonimmigrant status because his H-1B status had expired prior to the filing of the H-1B extension petition and he was only  in an authorized period of stay because of a pending extension request from the previous employer.

Nonimmigrant Visas

Immigration.com

Successful lawsuit regarding a delayed H-1B approval notice

3 years ago By Chief Editor

We filed an H-1B petition for a company that provides IT related services, on behalf of the beneficiary, a  software developer. An RFE was subsequently issued, responded to and then denied as failing to prove that petitioner established that sufficient speciality occupation work was available and that the position qualified as a specialty occupation. We filed an appeal with the Administrative Appeals Office, the appeal was sustained and the petition was remanded back for issuance of an approval notice.

Nonimmigrant Visas

Immigration Law

Immigration.com

Successful lawsuit for H-1B extension of stay

3 years ago By Chief Editor

We filed an H-1B extension petition for a software consulting and professional services firm on behalf of a software architect requesting status and work authorization for a duration of three years. The extension was, however, approved for a duration much shorter than requested and the approval notice was both dated and received after the shorter validity period had already expired, thereby destroying the legal status of the employee and causing him to accrue unlawful presence.

Nonimmigrant Visas

Immigration.com

Continuing to use H-1B when I return on Advance Parole

3 years ago By Chief Editor
Question details

I have an approved EAD/AP with my current employer. I also have an H-1B approved until 2024 with the same employer. I have plans to visit India, my home country, in the near future. I am planning to utilize AP to come back to the U.S. and would like to work on the H-1B with the same employer. Is that possible? Also if I do not receive my green card until 2024, can I  extend my H-1B with the same employer.

FAQ Transcript

It is great if you have the time and you can actually get the H-1B visa. If that is not possible what you can do is return on the advance parole. If you are coming to take up the same job which you had when you left and that job was an H-1B on a continuing H-1B, the Government will still consider you to be on H-1B. So returning on advance parole to take up the same job which you left on H-1B is considered to be a continuation of that H-1B. You can do H-1B extensions, transfers, etc., once you are in the U.S. More...

 

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.

Nuances of changing employers during the green card process

3 years ago By Chief Editor
Question details

My question is related to green card filing. My green card was filed with Employer A. I have an approved I-140. I moved to Employer B, working on an H-1B valid until April 2023. They have not filed the labor for me yet. My priority date is February 2012. As per the latest visa bulletin I can file for EAD but the final date is September 2011. Currently I am not in the U.S. so I can't file for EAD. I hope to be in the U.S. in the next 4-5 months. Do I need to join Employer A for processing my green card? What would be the best option for me to get the green card without wasting time when I reach the U.S?

FAQ Transcript

First of all you have to be in the United States to apply for your Adjustment of Status. Secondly in your case, because no new green card was started, your old employer must offer you the same job which you have to go and join eventually in good faith.
You can actually have I-485 filed through a job offer from employer A, the same job which was the basis of your green card. If you don't have that, you cannot file I-485. You can only file for I-485 /Adjustment of Status when your priority date is current and the job that is the basis of the green card is available to you right then. After 180 days of the I-485 pendency, you may never have to join the old employer because you can take a same or similar job anywhere. Just make sure that you have the good faith, honest intention of joining the old employer when you file the I-485. More...

 

 

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.

Oct 14, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

3 years ago By Chief Editor

Immigration.com

Nonimmigrant Visas

Green Card

Discussion Topics, Thursday, October 14, 2021:

FAQ: Reentering the U.S.A. on a Visitor’s/Tourist Visa Soon After Leaving || Can GC-EAD holder start business and what impact on the pending I-485? || FAQ: Can GC-EAD holders start a business and what impact on the pending I-485? || Is there a problem listing one location in a PERM application while living and working remotely in a different location? || EB-2/EB-3 Options in PERM Filing and EB-2 to EB-3 downgrade and upgrade

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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