I am currently on H1B visa(3rd year) and few days back I got my I-140 approved in EB-2 category. I want to know if I can change my employer and retain my priority date.
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FAQs: Green card and other options for parents of US citizens || H-1B converting to H-4 and back to H-1B issues and options || H-1B and compelling circumstances EAD || How many years can I wait to file I-485 after priority date becomes current
OTHER: Two green cards processed simultaneously || Cap exempt H-1B || Impact of pay cut on H-1B and green card || Impact on priority of withdrawn I-140 || Travel to the USA during Covid-19 times || I-944 || School fee reimbursement from employer || Filing extension and change of status at the same time, etc.
Can you let me know when we can start filing H-1B cases again for this year?
If the beneficiary is not subject to the quota, you can file an H-1B for them at any time. If the beneficiary is subject to the quota, the new H-1B cannot be submitted to USCIS before April 1, 2014, with an effective date of October 1, 2014. We will start working on next year’s quota cases in January 2014.
How long will it take to get a receipt notice for my H-1B petition that was not filed with premium processing?
According to USCIS, "Usually, customers can expect to receive their receipt notice within 30 days of delivery confirmation. However, due to an unexpectedly high volume of I-129 petitions, it may be an additional two to four weeks before customers receive a receipt notice."
I came with B-1 to work until I obtain H-1B (this is B-1 in lieu of H-1 clause that authorize me to work). I was not selected at 2013 H-1B lottery. How long can I stay on B-1: 6 months + one renewal, would the second renewal be granted,I am looking at L-1B as an alternative but I did not complete the one continuous year before coming to US with my employer. Can the company "make up" some months of work abroad to complete the 12 months? How deep are they digging into for L-1B?
No making up please, unless federal prison is a part of our career plan. B-1 in lieu of H-1 is uncertain, but you can keep trying extensions. If the new law for comprehensive immigration reform passes, things could change drastically.
Our office was retained to process an H-1 Change of Status petition for a Quality Assurance Engineer working on a turnkey project owned by a middle vendor at a client location. We explained to USCIS that the end-client was infact the vendor, who “owned” the project. USCIS denied the petition, holdingthat we had failed to obtain proper documentation from the end-client. We filed an MTR with extensive arguments and evidence that the petitioner was the actual employer of the beneficiary and that the vendor, not the end-client, owned the project.
I have H-1B stamped valid till March 2014 and I am in India right now. My current employer laid me off and cancelled my petition.I have got a call from a consultant that they can file a new petition in premium category against my exiting stamped visa under cap exempt category even if my current petition is already cancelled. Can I use my H-1B in this way even if my petition is cancelled by my earlier employer and me being available in India .
There are two parts to your question. Are you subject to H-1 quota? The answer is no, not until you have been physically outside USA for a year. Even after that, you may have the "remainder option." Second, can you use the same visa stamp to travel?
I had a unique situation with my visa, family and company, and Rajiv Khanna was kind enough to take my call and answer to the truth. He gave me his honest opinion and no sugar coating. I like that. I would def. recommend him over other immigration attorney.