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Recording of Free Community Conference Call (Every Other Thursday), 1 December 2016

8 years ago By Chief Editor

Nonimmigrant Visas

Immigration Law

Green Card

Substantial transcription for video

Discussion Topics, Thursday, 1 December 2016:
FAQ: New I-140 EAD regulations -- Extending H-1 after I-140 revocation, retaining priority dates under new regulations, per country limits, EAD under the new regulations; effective date of new regulations; Visa cancelled CWOP, 214(b) denial; FAQ: Implications of joining an end client where H-1B employer objects, H-1B employer not paying salary - DOL Wage and Hour Division Complaint WH-4; AC21 green card portability, "same or similar" job under old/new regulations, working on 1099 as contractor; Frequency of visits and duration of stay on tourist/visitors/B-1/B-2 visa; Foreign Medical Graduates, Physicians, H-1B for part time jobs, concurrent cap and cap exempt H-1B employment.
Other: Consular processing green card through future employer; Can one start H-1B job before the requested start date? Court orders for migration of child by divorced parent; H-2B extension, denial, 240-day rule; Volunteering on F-1 OPT; Aging out; Name errors on green card; Humanitarian parole, H-1B change of status, etc.

What is new regulations for H-1 grace period, revocation of I-140 ?

8 years ago By Editor

Question details

My I 140 is approved in 2013 and H1-B 5 year and 3 months are completed.
I have important question , after 17 Jan 2016 , my any chance I loose my job and my employer revoke my H1-B and I 140.
1. Will I get some time to find new job and new employee to transfer my H1-B ?
2. after my employer revoke my H1-B what is time line I can still transfer my H1-B visa with new employer?

Government will sympathetically consider unexpected layoffs and should give you consideration up to 60 days each H-1 period. So one 60 day period let say you have taken and then changed your employer another 60 day period kind of like that and there is little more to it but each time there is new validity to H-1 . You will be able to get 60 more days.

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.

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Can I Join My Old Employer If The H-1B Transfer Is Denied?

6 years ago By Chief Editor

Question details

I have an H-1B visa stamped from employer A and the employer B has filed my H-1B (Transfer visa) based on the H-1B petition visa from employer A. Now, my H-1B visa filed by employer B is on RFE and my employer A wants to file the GC based on my previously approved i-140 from employer C. Below are my questions:

1. Can I reject the offer from employer B and still continue to work with employer A on current Visa if my H-1B from employer B is approved? 
2. Can I reject the offer from employer B and still continue to work with employer A on current Visa if my H-1B from employer B is denied? 
3. In case my visa from employer B is rejected do I need to leave the country and come on the stamped visa which I have now? 
4. Can I ask employer A to file my Green Card even if my H-1B from employer B is rejected or approved without any issues or do I need to provide any visa documentation to employer A on my petition from employer B being approved or rejected?
Can I immediately file the Green Card with employer B (after joining the employer B office) if my visa from employer B is approved?

Watch the Video on this FAQ: Can I join my old employer if the H-1B transfer is denied?

Video Transcript:

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.

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F-1 “Cap-gap” Status and Work Authorization Extension Only Valid Through Sept. 30, 2018

6 years ago By Chief Editor

F-1 students who have an H-1B petition that remains pending on Oct. 1, 2018, risk accruing unlawful presence if they continue to work on or after Oct. 1 (unless otherwise authorized to continue employment), as their “cap-gap” work authorization is only valid through Sept. 30.

Read more about F-1 “Cap-gap” Status and Work Authorization Extension Only Valid Through Sept. 30, 2018

Guestbook Entry for Satya Harish, United States

6 years ago By Anonymous (not verified)

Name

Satya Harish

Country

United States

State

Comment

Mr Khanna provided great advice regarding my petition as it was complicated. We had to apply for an amendment while current H1B extension was pending. Mr Khanna made all the right arguments and we were able to get an approval. All along the process I've been working with Kalpana and Bharathi on regular basis and had calls scheduled with Mr Khanna when needed. They were very detailed and current in terms of documentation.
I would like to thank them once again and highly recommend "Law Office of Rajiv S. Khanna".

H-4 EAD Based Upon Prior Employers

6 years ago By Chief Editor

Question details

I am currently working with employer A on H-1B visa with I-140 approved for over 180 days. My wife is on F-1 EAD. I am planning to move her visa status from F-1 to H-4 EAD AFTER I join Employer B next month based on my approved I-140 from my employer A.

My questions are: 
1. Once I join employer B, will I be able to apply for my wife's H4 EAD based on approved I140 which I have from employer A? Can I apply both visa status change (F1 to H4) and application for H4 EAD concurrently? 
2. In other words, will changing my employer impact my wife's eligibility to get H-4 EAD based on my approved I-140 from previous employer? 
3. Can I change multiple employer based on I-140 approved from employer A? If yes, what if employer B has already started green card process (PERM)? 
4. If I get I-140 approved from employer B also then what will happen to I-140 approved with employer A?

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.

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Recording of Free Community Conference Call (Every Other Thursday), September 13, 2018

6 years ago By Chief Editor

Immigration.com

Community Conference Call

Nonimmigrant Visas

Immigration Law

Green Card

Substantial transcription for video

Sept 13 Conference Call, Topics of Discussion

Travelling outside the US when H1 is pending, but already have a valid H1 and stamping, SEP-11-2018 USCIS PREMIUM STOPPAGE / NO MORE RFE'S ON OR AFTER SEP-11-2018

Change of Status to H-4 - effect on priority date; maternity leave on H-1

8 years ago By Editor

Question details

1. Planning to transfer from H1B to H4, I-140 approved with Jan2015 priority date. Can I keep the priority date after I change to H4? Intend to come back to H1 after few months. 2. Currently I'm 7 months pregnant and I work for a consulting company (employer) on H1B visa, Can I take maternity leave on H1B? If yes, for how long? will it be a paid or unpaid leave? If not do I need to convert status from H1B to H4? If yes, can I change it back to H1B and work again or need to apply for a fresh visa?

Here is an interesting question, if I am on H-1 and I convert to H-4, does that kill or affect my priority date ? Answer is no. If you were on H-1 and you had filed a Green Card, you got a priority date and I-140 was approved now you changed to H-4 that does not kill your priority date. That's not the problem.

And the second part of the question was can I take maternity leave on H-1?

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.

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