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Error by USCIS Giving Time Beyond 6 Years on H-1
Question details
Error in last H-1B extension- now I-140 approved and I have been working on H-1B since 2005. In between, I changed to -F1 and also spent time outside USA. Cumulatively, I would have completed six years of working on H-1B by March 30 2015, after excluding stays in USA on non-H-1B status and stays out of USA.I changed my job in Feb 2014 and have been working with this employer since then. At the time of change, the current employer filed for a H-1B petition and requested an extension for three years – from Jan-2014 until Jan 2017, even though, if I added up all the time of work on H-1B visa in USA, I would have completed six years by March 30 2015.
My I-140 has been approved this month. Now I do not know whether my employer should file for an extension of H-1B (assuming that without the I-140 approval, I was allowed to work until I completed six years of H-1B in USA) or not file for H-1B extension, because, the last extension is valid until Jan 2017.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://www.youtube.com/watch?v=3YV-qIlAEpI#t=1831
FAQ Transcript
What happens is sometimes, USCIS by mistake gives you more time than you are entitled soon for your H-1. Let's say your 6 years is getting over in one year and they give you 2 or 3 years by mistake.
Can you use that time?
Work for Old Employer When New H-1 Transfer Approved
Question details
I have a question on H-1B. I have an approved I-140 from company B and I'm currently working for company A on H-1B( valid till February 2015). Company B applied for H-1B transfer and also 3 year extension based on approved I-140.
I'm expecting H-1B transfer process to be over by 10th Dec 2014( as it was a filed under premium processing ) but I would like to join them only after Jan 1st 2015. In the meantime I would like to continue to work for company B till Dec 31st 2014. My question is how long can I continue to work for company A after successful transfer of visa (H-1B) to company B ?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://www.youtube.com/watch?v=3YV-qIlAEpI#t=2372
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FAQ's: Left while Extension pending. B-1/B-2 visa inspection at the airport by the CBP and repercussions || Interfiling || Interfiling and AC21 Portability || Interfiling, Returning to Old Employer
Interfiling - Job change after I-140 approval with priority date current and issues with H-1B transfer and H-1B extensions
Question details
I am on H-1B visa with employer A. Have approved I-140 with priority date as Oct 2015 under EB-2. Looks like EB-2 can hit 2015 by the end of this year. With that in mind, Below are my questions:
1) Suggestions on switching employers when PD is nearing anytime soon. If I switch to employer B, what if my PD becomes current before employer B I-140 is approved? How long can I wait after my priority date becomes current to file I-485 with employer B I-140?
2) Will there be any issues for H-1B transfer and further H-1B extensions with employer B when the new PERM/I-140 is still under process?
FAQ Transcript
If you have changed employers priority date with the old employer becomes current you could go back and join them, if you have a good explanation why you left them in the first place.
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.
Maintaining H-1B status once I-I485 EAD is received after downgrading from EB-2 to EB-3
Question details
I have been on H-1B for the past 16 years. Recently received my I-485 EAD after downgrading from EB-2 to EB-3. Can I work full time for my own company now in the same field or Do I still need to have an employer, if I am ok to give up H-1 status?
FAQ Transcript
Theoretically at least, the answer is “yes”. The government clearly allows that, but there are a lot of wrinkles. Talk with the lawyer and make sure you understand all the nuances, including employer-employee relationship, genuine job offer etc., and then you can do it. I do not see any reason why you cannot.
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.
Interfiling - EB-2 to EB-3 downgrade as per the amendment. Can I now interfile?
Question details
My EB-2 was downgraded to EB-3 in Oct 2020 and the attorney marked the amended box ( "To amend a previously filed petition") as checked.
Timeline:
I received the EAD combo card in Dec 2021. Changed the Employer (though transferred H-1) using AC21 after way more than 180 days of pending 485
My PD is June 30, 2012 Now that EB3 is retrogressed and stuck in Jan 2012., I wanted to know
1. If I interfile EB2. Will it be rejected as the amended box was checked when downgraded?
2. If we interfile, will there be an impact on the EB-3, in case they reject it
3. What is the best way now to have both EB-2 and EB-3 run side by side. What is the fastest way to get to GC in my case?
FAQ Transcript
1. First of all you cannot interfile because you are not with that employer who holds your EB-2 I-140. Regarding rejection, you are right.
2. It could be.
3.Have your new employer start a new case. Start from PERM upwards.
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.
What exactly is Interfiling?
What exactly is interfiling?
USCIS will no longer accept a single combined payment on certain forms filed together with an H-1B or H-1B1 petition
For all H-1B and H-1B1 petitions received on or after April 1, 2022, USCIS will no longer accept a single, combined fee payment when Form I-539, Application to Extend/Change Nonimmigrant Status; Form I-765, Application for Employment Authorization; or Form I-824, Application for Action on an Approved Application or Petition, is filed together with an H-1B or H-1B1 petition (Form I-129, Petition for a Nonimmigrant Worker). Each of these forms received by USCIS on or after April 1 must have its own fee payment instrument or USCIS will reject the entire package.
USCIS Reaches Fiscal Year 2022 H-1B Cap
Release Date
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) 2022.
USCIS has completed sending non-selection notifications to registrants’ online accounts. The status for registrations properly submitted for the FY 2022 H-1B numerical allocations, but that were not selected, will now show: