Rajiv's Comments in the News - US’ OPT programme for int’l students challenged in court
"Having these three organizations to intervene in the case is a good development for students,” says Rajiv Khanna, Managing Attorney at Immigration.com.
"Having these three organizations to intervene in the case is a good development for students,” says Rajiv Khanna, Managing Attorney at Immigration.com.
I have applied for EB3 downgrade last October, received the EAD cards, I-140 is still pending. What would be the process for me to change employers at this time? Does the new employer need to start the GC process all over again? As the 180 days have passed since the I-485, what would be the process to use AC21 when I-140 is still pending for same or similar occupation?
The AC21 law says you can change jobs to a same or similar job once your I-140 is approved and I-485 has been pending 180 days. So until the I-140 is approved you are not protected. More...
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At present I am working in OPT ( expires in June 2020). I have an unused stamped H1B visa which I got in August’ 2013 and my visa stamped in my passport on August,2014. However I never traveled/ worked with this H1B visa and expired in October’2016 without using or entry. I came to USA in January’2016 in F1 Visa. My question is can I use this unused stamped visa for cap exempt as transfer of employer from F1 visa to H1B visa now? or do I need to apply in Master’s cap next year.
In your case if we counted from six years from August 2013 when your H-1B was approved, you are then okay or cap exempt till August 2019. But again, the policy has been that they count the six years from the date your H-1B expired which is 2014 not 2013. Policies can change overnight so I think you can apply for an H-1B exemption as an H-1B exempt worker.