Rajiv's Article - President Biden hands another win to H-1B holders and Indian students in the US
Published by: The Economic Times - Date: February 02, 2021
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FY 2022 H-1B Cap Initial Registration Period Opens on March 9
USCIS announced that the initial registration period for the fiscal year (FY) 2022 H-1B cap will open at noon Eastern on March 9 and run through noon Eastern on March 25. During this period, prospective petitioners and representatives will be able to fill out petitioner and beneficiary information and submit their registrations.
Feb 4, 2021 Recording of Free Community Conference Call (Every Other Thursday)
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Substantial transcription for video
FAQs: Filing Supplement J, staying without work on EAD, H-1B denial effect on I-485 Age Out/CSPA for children immigrating to the US
OTHERS: Completed I-765 form with a mistake, will the application get rejected || I-140 is withdrawn before 180 days of pending I-485 and EAD application || WD 7A1 stamp and future vacation travel to US || B-2 visa duration and extension || Getting a US Passport under Section 320 for a Minor || Wait for H-4 EAD or convert visa from H-4 to F-1 (finishing graduate degree online) by traveling to India for visa stamping || On F-1 visa stamped for 5 years for 1-year graduate course and unclear when required to leave || Applying for a re-entry permit after receiving green card || USCIS Receipt Notice Delays for I-140/EB-1C || H-1, H-4, EAD expiring: H-1 extension already filed || B-2 extension and RFE responses for parents during covid || Applying for H-4 after marriage with an approved I-140 || Moving to H-1B from Adjustment of Status if currently working on EAD || L-1A Stamping in Canada instead of India - Advantage || Maintaining H-1B status while waiting for green card || AOS filing and processing questions with H-1 and H-4 parents and child on F-1 now over 21 || Downgrading and processing time issues.
F-1 Students Travel During OPT or H-1B Process
Update 1- Feb 8, 2021
Can students on OPT CPT work remotely during the COVID times. ICE says yes. See from page 12 on of this FAQ released by the govt.
https://www.ice.gov/doclib/coronavirus/covid19faq.pdf
Filing Supplement J, staying without work on EAD, H-1B denial effect on I-485
Question details
I am currently on H1-B visa (valid until Dec 2021) and my Priority date is May 15, 2010, in EB2. I am working for employer A and I have recently applied for I-485/AOS in Oct 2020. Both EAD/AP are not approved yet and haven't received biometrics notice yet from USCIS. Kindly see below questions and advise.<br>
1) If I change to employer B after 180 days of filing I-485, how would USCIS know that I changed my employer if I do not file new I-485 J that's given by employer B?
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2 After getting EAD, can I stay without working for a few months? Is there a regulation that says that employment based I-485 applicant needs to work continuously after obtaining EAD?
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3) I am working for a consultancy company and recently changed my client who is not within 50-mile radius of the existing MSA. My current employer A is not planning to file H1-B amendment. In this case, if there is a site visit by USCIS officer and if they revoke H1-B, then am I still considered to be in legal status because I already applied for I-485 in Oct 2020? Am I safe to stay legally in USA in this scenario even though I did not receive EAD based on AOS?
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4) If H1B amendment/extension of an employee gets denied after filing AOS/I-485, is the employee still considered as in-status because of pending I-485?
FAQ Transcript
Rajiv's Article - Can an H-1B employee work from India? - The Economic Times
Published by: The Economic Times - Date: February 12, 2021
Rajiv's Article - Will the petition against H-1B visas harm you this year? - The Economic Times
Published by: The Economic Times - Date: February 15, 2021
USCIS Reaches Fiscal Year 2021 H-1B Cap
USCIS has received a sufficient number of petitions needed to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year (FY) 2021.
US Immigration Q&A for Employers, Webinar with ITSERVE
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US Immigration Q&A with Yudi (on behalf of students & young professionals)
Subscribe to our YouTube channel for latest immigration updates in Biden Administration
The URL for the channel is:
Immigration.com
Professionals' self application for green card
I am reporting here comments from and my responses to a member of our community, "Julissa," regarding whether or how she could apply for a green card herself if she has a Master's degree. Do note, if a set of new immigration laws gets passed, all this could change.
Guestbook Entry for Ravi, United States
Name
Ravi
Country
United States
H-1 Transfer and Stamping
Question details
I have stamped visa from Company A and I entered into USA from that company itself. Now my visa has been transferred to Company B. I am going back to India to bring my family. Will I have to go for stamping again? Will it make any difference at POE if Company A revoked/cancelled my H1B?
If you came in and actually worked for company A for a while, and you have never been out of status, you should not require a new visa stamp.
Request to Upgrade to Premium Processing
Question details
My employer filed my H-1B petition during the Quota using regular processing. Now we have received an RFE. Is it possible to change to premium processing now in order to receive an earlier decision from USCIS?
When the RFE response is submitted to USCIS, a request to upgrade the petition to premium processing can be submitted along with the response. In order to upgrade to premium processing, a new Form G-28 and a Form I-907 will need to be prepared and sent to the employer for signature to be submitted to USCIS with the request to upgrade to premium pr
Guestbook Entry for Nakul Saluja, India
Name
Nakul Saluja
Country
India
State
Delhi
Comment
Dear Rajiv Ji, I am really happy to inform you that our H-1B/ H-4 interview at US Embassy, New Delhi was successful and that we both have received our stamped passports from the Embassy too. I would really like to thank you for all your valuable guidance and help. Thanks again! Nakul
USCIS Releases FY 2012 Annual Report to Congress on H-1B Petitions
- USCIS report to Congress on FY2012 H-1B filings, including the number of petitions filed, the number of employers required to pay the additional ACWIA petition fee, and the number of “Fraud Prevention and Detection Fees” paid.
- Please check the attachment to view the report.
Characteristics of H-1B Speciality Occupation Workers for the Fiscal Year 2012
Please click the attachment below or clike this link here to view the Report on Characteristics of H1B Speciality Occupation Workers
H-1 to H-4
Question details
My spouse and I work for the same IT company. My spouse who is on H-1B visa is already in the US and my H-1B is under process, hoping to get it stamped latest by October 13th. I plan to quit my current job after stamping is over(may be in Oct13) and join my spouse on dependent visa (H-4).
1) When I apply for H-4, will my H-1B be valid or my company will cancel my H-1B?
2) Assuming H-1B still remains valid after my H-4, can I apply for change of status to H-1 later and search for jobs while on H-4?
3) How long does it take for change of status from H-4 to H-1?
1. H-1 cancellation (revocation) is not automatic, but the company would have to be extremely ill-informed not to revoke the H-1. They must.
2. You can revert back to H-1 from H-4. You will not be subject to quota.
3. The same time as a new H-1. Apply premium if in a hurry.
H-1B Amendment
Question details
My work location had changed and my employer had filed an H-1B amendment. Now I am moving back to the original location, which was filed in the first H-1B petition. Is there anything that needs to be done?
All H-1Bs are employment, employer and location specific. Therefore, it is necessary that an H-1B amendment be filed with USCIS if there is any change of location.
Guestbook Entry for Leo Nguyen, United States
Name
Leo Nguyen
Country
United States
State
IL
Comment
I'm still very amazed and appreciative of how Mr. Khanna approached my case. My case is a very unique and uncommon H-1B transfer. I have approached a few different lawyers but none of them really know the answer. Mr. Khanna was kind enough to spend his valuable time to consult me at no charge because he himself is curious about my case. I could tell he loves what he is doing and constantly keeps up with the latest of what is happening in the immigration laws. I'd wholeheartedly recommend Mr. Khanna to anyone seeking legal consultation.
FY 2013 Third Quarter for PERM,H-1B, H-2B and H-2A
FY 2013 Third Quarter for PERM,H-1B, H-2B and H-2A as of 06/15/1013
Labor Certification Registry Document Availability Schedule (as of July 1, 2013)
Currently, the LCR displays all certified H-1B1 and E-3 Labor Condition Applications (LCA) and Permanent labor certifications, dating back to April 15, 2009. However, the Department is experiencing technical difficulties with the display of approved H-1B LCAs. In addition, due to the historical paper-based filings of H-2A and H-2B applications, these labor certification documents must be manually redacted and uploaded to the LCR and, therefore, only a limited number of records covering Fiscal Year 2013 are currently available.
Rajiv's Comments in the News - US to continue existing H-1B visa selection process in FY22
Published by: The Economic Times - Date: February 06, 2021
Rajiv was great to work with, he analyzed my case in detail and gave relevant advice on the next steps and possibilities regarding my green card. I would recommend him to my friends. Ravi