First of all thank you for all your blogs and videos on immigration. They are very informative and knowledgeable. I follow your views and suggestions on all my immigration work. I also recommend your suggestions to lot of my friends and colleagues. I appreciate your help towards the community.<br>
I have a situation:<br>
I am in my 3rd year of my H-1B status, my I-140 is approved and need to file for my spouse H-4EAD on May 26, but she needs to travel to India for family reasons in August this year.<br>
Questions:<br>
1) Will that be a Ok for her to travel to India while her H-4 EAD petition is pending?<br>
2) How long will the petition will take to come to a decision (~estimate)?<br>
3) What happens if her H-4 EAD petition gets approved and she is in India? Does she have to go to the US Embassy again?<br>
4) (Being positive but need to think the other sides of a same coin) what happens if her H-4 EAD petition gets denied? Will she be able to retain her H-4 status? Will she able to enter US without any issues?<br>
5) What would you suggest? Will that be ok for her to visit (or) to wait till the decision is made on her H-4 EAD petition?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/8N82R3qAiJo?t=123
FAQ Transcript:
My husband got his I-140 approved from his previous employer. Then he changed his employer and has filed his LC which has NOT been approved yet. His previous employer has WITHDRAWN the I-140.He is in his 11th year of H-1. Couple of questions.<br>
1) Can I file for H-4 EAD?<br>
2) My husband currently has no I-140 approved. While checking my application, will they look into his application and cause any issues to his present H-1 extension?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/8N82R3qAiJo?t=569
FAQ Transcript:
Below are questions I have on the H-1B Amendment and H-1B transfer being filed almost at the same time with little gap with USCIS for the same person. The H-1B Amendment is in light of the new H-1B regulation that has been mandated by USCIS when there is a significant change in the Job Location of the beneficiary from the address mentioned in the initial Petition from the employer which was approved initially.<p>
1. Does the USCIS Last action rule apply in case of the below 2 being applied almost at the same time for the same beneficiary?<br>
a) H-1B Amendment with Current Employer<br>
b) H-1B Transfer to New employer while H1B Amendment is pending with Current Employer.<br>
2. If the answer for the above is 'Yes', then incase the H-1B Amendment Approval comes after the H-1B Transfer would the H-1B transfer to the new employer that was approved earlier be automatically nullified?<br>
3. If the answer for #2 above is 'Yes' Is there any way to request USCIS to consider the H-1B Transfer approval to new employer as the primary incase that get approved earlier and avoid the H-1B amendment to dictate the latest H-1B for a given employer? (I believe we can request USCIS to withdraw/cancel the Amendment but is this something that the new employer/employee can do or only the existing employer who was filed for H-1B amendment has the authority to request any cancellation/withdrawal of the H-1B amendment?)<br>
4. Also does the current suspension of H-1B premium processing apply even for the H-1B transfers (with a new extension for 3 Years) or is it only for new H-1B extensions of Petitions from the current employer?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
The H-1 quota cuts down 50% or more applications each year.
Seamless working thru the process from my original visa extension and then filing my status change GC. I was on L1-A and status change to GC. Very professional office and timely responses.
I had a chance to work with Rajiv and Diane. You won't complain working with them because of their timely response and professional approach.
Overall a very good experience working with them.
Thanks.