Guestbook Entry for Rama Gadam, United States
Name
Rama Gadam
Country
United States
State
Florida
Search
Recording of Free Community Conference Call (Every Other Thursday), 6 October 2016
Nonimmigrant Visas
Substantial transcription for video
Discussion Topics, Thursday, 6 October 2016:
FAQ: Issues regarding changing jobs while on H-1:-- Is there a minimum time gap necessary to transfer H-1 from one job to another, change jobs| timing of resigning and joining; Errors in visa and passport; Name spellings different in various documents; Arrival departure records from-to Canada; Liquidated damages clause in H-1 employment contract; Applying for EB-1 if EB-2 is in process; Changing careers on H-1
Other: Indian passport for child born in USA; Priority dates movement; Work visa or status for students; Correcting errors in I-140 approval; Changing from B (visitors visa, tourist visa, business visa) to student status; Minimum days needed on passport expiration for visa entry; Processing through NVC; H-1B extension beyond 6 years; Visa dates movement, changing jobs on H-1, priority date transfer, approval of I-140; Adoption and immigration; Name discrepancy when applying for parents visa; Changing jobs, filing I-485, precautions for priority date transfer, etc
Issues regarding changing jobs while on H-1:-- Is there a minimum time gap necessary to transfer H-1 from one job to another, change jobs, timing of resigning and joining
Question details
I recently moved from Company A to B on July-2016 as a contractor while on i was on my 6th year H-1B visa. Company B did my H-1B transfer and I-140 got approved through them as well. Now working at End client location placed through Company B. Now End client wants to hire me as Full Time employee.<br>
1. Given I recently joined Company B will my jumping to Company C cause any issue to my H-1B visa? <br>
2. Can company B cancel my H1B petition?If Yes, Do i have to have a approved H-1B petition from Company C before informing Company B about the offer?<br>
3. Will my I 140 which got approved thru company B still be valid? Can i use it for future extensions of H-1B?<br>
4. Company B did not provide I-140 copy, how to obtain the same from USCIS?<br>
5. Is there any mandatory period to serve in one company who has sponsored my GC as I recently got my I-140 approved in August-2016?
FAQ 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.
Guestbook Entry for Varun Maheshwari, United States
Name
Varun Maheshwari
Country
United States
State
MO
Comment
Its been a long journey that started with completion of masters (F1) visa and today receiving green card (GC). I have been with Rajiv ji and his team since the beginning of my immigration journey (F1(OPT) -> H1 -> H1 Ext.-> Perm -> I140 -> I765 -> I485).
As said by everyone else here in the guestbook i also concur with all the things.
Firstly, they know what they are doing and are best at it. They have a solid knowledge about all the immigration rules, jargon, what can cause potential problem in future and how to handle the complexities a case has.
Secondly, very professional, prompt replies and free consultations. One thing that i liked is that they all are very easy to reach including Rajiv ji itself and that helps a lot in calming down the immigration anxieties of clients.
Best wishes to you and your team.
Free Community Conference, 20 October 2016, Every Other Thursday
Immigration.com
Substantial transcription for video
Discussion Topics, Thursday, 20 October 2016:
FAQ: H-1B or Green Card changing job roles, How soon should I-485 be filed once dates are current; Changing jobs while a quota H-1 is pending; Changing jobs after I-140 approval; Applying for reentry permit; Filing a PERM based green card through a company owned or managed by a relative; Filing green card while on student visa F-1;
Other: How soon can I go for H-1 visa stamping; Does CBP officer at the airport have the right to search belongings, cell phone, etc? Large medical treatment bill; Green card for a nurse; Visitors/Tourist visa reentry; Using experience under PERM as a contractor; EB-1C if I have been in the USA already for three years; Traveling while H-1B amendment is pending; Applying for H-4 EAD; H-1B remainder option; Applying for tourist/visitors visa after having applied for green card; Factors affecting EB-1 green card; H-1 holder leaving USA for medical reasons.
USCIS Reaches Fiscal Year 2025 H-1B Cap
Release Date
USCIS has received enough petitions 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) 2025.
Recording for December 05, 2024 Conference Call with Rajiv S. Khanna
Citizenship and Naturalization
Nonimmigrant Visas
Topics Discussed:
FAQs: Green card process for STEM OPT candidates: Timing for concurrent H-1B and GC filing, employer strategies, and impact of client/location changes || Can I change employers and transfer my H-1B after revocation, or do I need to re-enter the lottery? || Impact of H-1B automatic revocation on future sponsorship and job change: What does 'Case Was Automatically Revoked' mean? || Applying for a second H-1B transfer after the 60-day grace period while a first transfer is pending
DHS Strengthens H-1B Program, Allowing U.S. Employers to More Quickly Fill Critical Jobs
Release Date
Rule will provide greater benefits and flexibilities for U.S. employers and specialty occupation workers, helping to meet U.S. labor needs
Green card process for STEM OPT candidates: Timing for concurrent H-1B and GC filing, employer strategies, and impact of client/location changes
Question details
I am in my first year of STEM OPT. My employer verbally committed to filing a cap-exempt H1B in 2026 so that I can get the H1B right about the time my STEM OPT expires.
If my boss is willing, can he:
Start my GC filing in 2025 before filing h1b in 2026 to save some time for my GC process. Or should I wait to get h1b first till 2026 and then start GC after that? Or file for GC concurrently with H-1B in 2026?
FAQ Transcript
You can start the green card process before filing for H-1B, as they are separate. It's advisable to start the green card as early as possible rather than wait. For green card filing involving different locations, you can file either as a transferable job through the company headquarters or for a future job at the intended location. Always consult a lawyer for advice.
Rajiv's Comments in the News - US H-1B visa cap for FY2025 reached: Can Indians still apply and what should applicants do? All details here
Published by: Mint- Nov 04, 2024
https://www.livemint.com/news/world/us-h-1b-visa-cap-for-fy2025-reached…
Quotes and Excerpts from Rajiv in the article:
Rajiv's Comments in the News - H-1B modernisation rule: Flexibility in defining eligible occupations but stricter site-visit norms
Published by: The Times of India - Nov 18, 2024
https://tinyurl.com/bd62mfc2
Quotes and Excerpts from Rajiv in the article:
Recording for December 19, 2024 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
Green Card
Topics Discussed:
Impact of H-1B automatic revocation on future sponsorship and job change: What does 'Case Was Automatically Revoked' mean?
Question details
I was on H1B (shows automatically revoked), then switched to B2, then switched to F1 (current status) without leaving the US.
1 - Will automatic revocation of H1B cause any issues? Is it simply because the employer has submitted a withdrawal after terminating my role?
2 - When I find a new job that sponsors, will the revoked H1B cause any issues? I have only used 4 months of my initial H1B. It will be a switch from F1 to H1B if everything works out.
Just wanted to clarify what "Case Was Automatically Revoked" means; revoked - sounds a bit concerning. My role was terminated.
FAQ Transcript
If your H-1B was automatically revoked after activation (i.e., you were already on H-1B status), it typically won’t affect future sponsorships or job changes. However, if it was revoked before activation, issues may arise, and it’s recommended to re-enter the lottery to ensure eligibility.
Applying for a second H-1B transfer after the 60-day grace period while a first transfer is pending
Question details
Q1: My brother was recently laid off from his current company. Let's say he applied for an H1B transfer within 60 days (grace period) with Company-A, and it’s still in process. Then, after 60 days, can he apply for an H1B transfer with Company-B (better opportunity)?
Q2: To follow up on the above scenario, if his H-1B is denied (company-A), how much time does he have to leave the country?
Q3: He was notified about his last day as Oct 30th. Does his 60-day grace period end on Dec 30th? Or is it 60 working days?
*Note: His current company said they have not revoked the H-1B.
FAQ Transcript
If someone applies for an H-1B transfer within the 60-day grace period and later applies for another transfer after 60 days, they can file multiple petitions. However, for approval to continue working in the U.S., the first petition (filed within the grace period) must be approved. Otherwise, they may need to leave the U.S. for visa stamping.
The 60-day grace period starts the day after the last fully covered pay period, not the paycheck date, and it consists of calendar days, not working days.
Can I change employers and transfer my H-1B after revocation, or do I need to re-enter the lottery?
Question details
I got my H1B Approved (I have I-797B) through Consular Processing by Company A this year. After a few months, I got laid off from Company A and they Revoked my H1B petition (after Oct 1). I have not yet activated my H1B status (currently on STEM OPT EAD). The Immigration team at Company A said that I could do the Change of Status with Regular H1B Transfer from new employer. (As I would be considered Cap Exempt Individual with I-797B).
Can I know if I need to re-enter the lottery again or if it is possible to file a new H1B petition and change it to Company B?
FAQ Transcript
If your H-1B was approved but not activated (e.g., through change of status or visa stamping), you likely need to re-enter the lottery if it’s revoked. However, if the H-1B was activated (e.g., you worked on it), revocation doesn’t usually require re-entering the lottery, though you may need to refile through a new employer. Always consult an attorney for specifics.
I would like to thank Mr. Rajiv Khanna for guiding me through from the time I applied for HIB through and until I got my green card. My special thanks to Ms. Bharati Gajjala, my case manager who was very responsive and she handled the process of submitting all the relevant doucumets professionally. I also thank Ms. Suman, who also assisted me when I requested for information. I would strongly recommend the services of "The Law Offices of Rajiv S. Khanna" to any one who want to apply for H-IB or for a Green Card. RAMA