USCIS announced on May 3, 2017, that it has completed data entry of all fiscal year 2018 H-1B cap-subject petitions selected in our computer-generated random process. USCIS will now begin returning all H-1B cap-subject petitions that were not selected. Due to the high volume of filings, USCIS is unable to provide a definite time frame for returning these petitions. USCIS asks petitioners not to inquire about the status of submitted cap-subject petitions until they receive a receipt notice or an unselected petition is returned.
I lost my job recently. I was working on H1B. I am staying in the US until my grace period ends or until I find a new job. Can I apply for the Unemployment Insurance in my state? I believe that is paid by the employer.
Watch the Video on this FAQ: Getting unemployment payments on H-1B
Video Transcript
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.
Can my wife travel to India and then back to the USA for a period of 12 days while her H4 EAD application is pending? Based on current estimates of processing times we do not estimate that her H4 EAD will come before the first week of July. We will be back to the USA in the first week of May.
Watch the Video on this FAQ: Travel while H-4 EAD is pending
Video Transcript
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.
1. I have approved I-140 with company A and my wife got H-4 EAD. I am planning to move to company B. Can my current employer (Company A) revoke I-140? (I-140 has been approved for more than 6 months). If he can't revoke I-140, can my wife work on the H-4 EAD that she got based on company A's I-140?<br>
2. If my H-1 and my wife's H-4 transferred to Company B, do I need to apply for new H-4 EAD or can she continue working on H-4 EAD from company A (that H-4 EAD still has validity)?
1. The employer can revoke, but, USCIS says, after 180 days they will not revoke the H-4 EAD.
2. You will not need to change the H-4 EAD upon moving to any number of companies, as long as you maintain your H-1 status.
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.
I stayed with my last employer more than 6 months after I-140 was approved. My employer revoked I-140 but I can retain my priority date.
Now, I am filing I-140 again with a new employer. Will I have stay with my current employer more than 6 months after I-140 is approved to retain my (old) priority date? If I change job after I-140 is approved, my employer can't revoke it. True? Is there any period I need to be employed with the current employer after I-140 is approved?
Under the law effective from 17 January 2017, an employee will retain their priority date once an I-140 is properly approved, even if a day later the employer asks for a revocation. There is no requirement that the employee be employed with that employer for a certain period of time.
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.
Lost job recently. Was working on H1B. I am trying to understand how much time I have effectively to find another job and have the H1B filed by next employer. Is it necessary that the H1B “start date” in the I-129 petition be within the 60-day mark ( the grace period) from the last day of job in order for USCIS to grant H1B approval after a layoff?
Watch the Video on this FAQ: H-1B 60 days grace period explained
Video Transcript
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.
TAMPA, Fla. — U.S. Citizenship and Immigration Services (USCIS) assisted in an investigation that led to U.S. District Judge Charlene E. Honeywell sentencing Rosa Cingari to 12 years and 7 months in federal prison and Domenico Cingari to 8 years and 1 month in federal prison for conspiracy, making false statements in immigration applications and petitions, and mail fraud.
If USCIS determines that there are more immigrant visas available for a fiscal year than there are known applicants for such visas, we will state on this page that you may use the Dates for Filing Visa Applications chart. Otherwise, we will indicate on this page that you must use the Application Final Action Dates chart to determine when you may file your adjustment of status application.
Wanted to share my Special thanks to Rajiv Khanna and Diane Lombardo for their continuous support in the last 2 years , They have helped to file all my visa applications effectively , cleared all the queries on time , provided appropriate guidance at every critical moment and helped me to achieve 100% success rate in my Visas. Working with them was a wonderful experience.
PERM Processing Times (as of 4/30/2017)
Discussion Topics, Thursday, 18 May 2017:
FAQ: Is it legal to work for a foreign based company in the USA? || Changing employers after I-140 approval; impact on H-1, green card, H-4 EAD, etc. || Physicians (FMG) NIW, AC21 portability, teaching to clinical position || Impact of a misdemeanor under Trump EO || Extending H-1/H-4EAD; working while extension pending || Filing green card through multiple categories or employers and/or family simultaneously || Activities permitted under H-4 EAD.
Other: Losing H-4 status when using EAD under I-485 || Can a child enroll in school under G-4 visa? || Acquiring Canadian nationality || Changing H-1 visa after changing employers during 60 days grace period|| H-1B changing employers while transfer or extension is pending || Taking a 6-month break on H-1, H-1 quota || L-1 to F-1 change of status || Adoption under US laws || Getting paid on 1099 || H-1B amendment when company acquired, etc.
My wife has received her L-2 visa. She plans to continue with her US branch of her India employer once she lands in the US and gets her EAD. However for the period while she is US waiting for her EAD to come in, can she continue to be employed with her employer in India and keep receiving paychecks in India, while technically not working for any US based employer prior to getting her EAD?
Watch the Video on this FAQ: Is it legal to work for a foreign-based company in the USA?
Video Transcript:
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.
Consult with Rajiv S. Khanna/Other Attorneys
Visitor |
Student |
Work |
Green Card |
Citizen |
B-1 | F-1 | H-1B | Employment Based | |
B-2 | J-1 | L-1 |
Secretary of Homeland Security John F. Kelly has extended Temporary Protected Status (TPS) for eligible nationals of Haiti (and eligible individuals without nationality who last habitually resided in Haiti) through Jan. 22, 2018. After consulting with the appropriate U.S. government agencies and reviewing country conditions, Secretary Kelly has determined that a limited, six-month extension is warranted.
As of May 25, 2017, USCIS has received a sufficient number of petitions to reach the maximum possible numerical limit (the “cap”) of workers who may be issued CNMI-Only Transitional Worker (CW-1) visas or otherwise provided with CW-1 status for fiscal year (FY) 2018. Although the FY 2018 cap has not been set, it is required by statute to be less than the 12,998 workers set for FY 2017.
Do the 3 years spent in residency training in an HPSA/MUA area be counted towards the five years required for NIW? The residency training (3 years) and subsequent job (2 years) were on H1B visa in two different HPSA/MUA areas but not processed through NIW route. Can the NIW petition be filed now retrospectively for those years already worked in underserved areas? My current GC sponsoring job is in a University teaching hospital (job designation Assistant Professor) but obviously also involves treating patients. The PERM prevailing wage category was teacher/ Professor but job description included patient care. Can the job be changed to that involving only patient care (no teaching) and still be considered same/ similar? How about a job (with patient care only & no teaching) in a private practice (as opposed to hospital employee)?
Watch the Video on this FAQ: Physicians (FMG) NIW, AC21 portability, Teaching to clinical position
Video Transcription
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.
Mr. Khanna is very competent, and is supported by a very prompt and proactive staff. He suggested me one of the best ways, given my situation, to obtain permanent residency (Green Card), and navigated through the various questions from the USCIS expertly. As a legal professional (from a different field of law), and as someone who has dealt with a few other immigration attorneys, I rate him and his practice among the best. Highly recommended!