Nebraska Service Center to Accept Certain H-1B Petitions
On July 1, 2016, the Nebraska Service Center (NSC) will begin accepting Form I-129 for H-1B and H-1B1 (Chile/Singapore Free Trade) petitions if the petitio
On July 1, 2016, the Nebraska Service Center (NSC) will begin accepting Form I-129 for H-1B and H-1B1 (Chile/Singapore Free Trade) petitions if the petitio
FAQ: Successor in interest, effect of location change on green card; EB-5 investment-based green card loan, collateral, ownership; How soon can I leave the employer after green card approval; DUI/DWI visa revocation; EB-2 for nurses; What should employees do when employer convicted of visa fraud.
Other: I-94 expiring- passport duration; Children born within a few days after green card approval; H-1B amendment - change of location or project; H-1B cap exemption; Travel during STEM OPT extension; Opening a non-profit while on H-1; Physician (FMG) using H-4 EAD; H-4 extension; etc.
Discussion Topics, Thursday, 16 June 2016:
FAQ: Traveling on I-551 stamp and maintaining green card; Quota H-1 changing jobs before 1 October; EB-2 and how to find a company that sponsors green cards; How can employees save themselves from corporate fraud by employers; Correcting names discrepancy FNU LNU; Filing new green card if job changes; Filing new green card if job changes.
Other: Simultaneous green card through employment and marriage to US citizen; Options to stay in the USA after visa/status expires; H-1 travel to USA, quota exemption; Apply for F-2 or H-4; transfer H-1 pay stubs; Transfer H-1 after it expires; E-2 visa partnership; Tourist visa to maintain status, out of status; Emergency visa stamping; Priority date transfer; etc.
I have an approved I-140 with PD 2013. My wife works on H-4 EAD based on my I-140. If I join another company with my I-140(say I get H-1, my wife's H-4 and EAD for 3 years), Would it be fine if she continues to work on that EAD even if my I-140 gets revoked/withdrawn after H-1 approval.
USCIS has said if an I-140 is revoked, they reserve the right to revoke the H-4 EAD. So far, they have not been revoking.
Note: 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.
Discussion topics:
Discussion Topics, February 17, 2022
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
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?
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.
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?
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.
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?
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?
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.
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:
Great advice on my case by Mr. Khanna
I had a trickery situation where I was
1. Changing my employer while being on H1B,
2. Moving out of country to assume my PR status in Canada, and
3. Wanted to work for my new company in US by frequently traveling back and forth from Canada.
Mr Khanna provided the correct advice of going for an H1B transfer instead of having a business (visitor) visa and since then, it has been a very smooth ride.
He helped us file for the transfer as well as my wife's H4 extension. His staff is also very courteous and helped us meet a tricky timeline during my transfer even though that meant working over time for them.
I have no doubt that Mr. Khanna is one of the very best immigration lawyers in US and I highly recommend him for his services.