I am on H1 Visa, my H1, wife's H4 and H4 EAD expires on 7/18/2017. I will be completing my 6 years by 7/18/2017. My I-140 is approved. I have a question
1. Should I file for H4 EAD extension along with my H1 and H4 extension
2. Can my spouse (H4-EAD) work while her extension in progress?
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, Thursday, 15 June 2017:
--------------------------------------------------------
FAQ: Exemption from H-1 quota, Visa stamped, did not join employer || The best methods for spouse of a green card holder to enter the USA || Effect of revocation of PERM on an already approved H1 extension || Applying for H-4 status while H-1 is pending || How to reset H-1 six years || FAQ: Applying for H-1B visa when there was a status violation ||
Other: Filing Form N-600 || Correcting H-1B visa errors || H-1B visa stamping where client company was acquired || Traveling on advance parole or H-1B visa || Changing place of birth in immigration records || Supplement-J || understanding motions to reopen || Criminal conviction || Changing status to J-1 || Parents status expires while I-485 is pending || Can a green card holder enter the US on a non-immigrant visa? || The new regulations for I-140, etc.
U.S. Citizenship and Immigration Services announced today that starting Monday, June 26, the agency will resume premium processing for all H-1B petitions filed for medical doctors under the Conrad 30 Waiver program, as well as interested government agency waivers.
I got H-1B approval in August 2013 valid from Oct 2013 to Sept 2016. After this, I traveled to the US in August 2014 on H-1B & I am here till now. My question is, till what time I can stay in the USA. I know for H-1B we get 6 years. But will this count my earlier stay on L-1B? For more than 2 years, I didn't enter to the US.
Will it be until August 2020 or ( August 2020 minus the L1B stay ) ?
Watch the Video on this FAQ: Rules for counting 6 years of 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.
1. If I have my I-140 Approved and its been more than 180 Days after approval then I believe that even if I change the employer the I-140 does not gets revoked and it still stays valid. I can continue to extend my H1B with my old I-140. Is my understanding correct?<br>
2. If suppose I have applied for my H4 dependents EAD while I am in my first company and both of us are working. Now it's been 180 days after my I-140 got approved and I switch my employer. In this case does my dependents EAD get's affected in any way?
<br>
3. Now assuming that answer to the first question is Yes, but I believe that in order to apply for GC my new employer has to file my PERM and I-140 again. If that happens will my dependents EAD gets affected in any way until the new I-140 gets approved?
1. The essence of your understanding is correct. You are safe against revocation.
2. No effect on H-4 EAD of H-1 change of jobs, as long as the H-1 holder maintains status.
3. Again, no effect on H-4 EAD if your new green card is filed.
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.
In a huge relief for Indian techies spooked over reports of the Trump administration considering a proposal to prevent the extension of H-1B visas, the US Citizenship and Immigration Services said it “is not considering a regulatory change that would force H-1B visa holders to leave the United States” reports The Indian Express.
Discussion Topics, Thursday 11 January 2018:
FAQ: Submitting adjustment of status, form I-485, When the applicant is in between projects/not working || H-4 EAD rules change and H-1B extensions rules change || Change in job title after getting a green card approval || Transferring H-1B while an RFE is pending || How to find an accredited university to get Master’s degree to process an EB-2 green card. Other: Wage requirements under the H-1B LCA ||Converting back to H-1B from a compelling circumstances EAD ||Extending H-1B from outside the USA with an approved I-140 || RFE pending delay in an adjustment of status case || Applying for adjustment of status while in authorized period of stay||Status while an H-1B extension spending ||Questions about EB-5 green card through investment/investment visa ||H-1B quota exemption if approved within
1. I have completed 6.9 years on L1A and move to H4-EAD based on my wife’s approve I-140. Now H4 EAD may go away. What option do I have to stay here and continue working (even after gap of a few months if needed) or I need to go out of US for at least 1 year and come back? <br>
2. I have already completed my 6.9 years. Can company apply H1B for me in April 2018 and I can come back to US after spending 1 year outside. I believe H1B can be applied only 6 months prior to joining that job. But I can’t start working from Oct 1st as I already completed 7 years without pending GC labor/ I-140. In that case I can apply H1B only in April 2019 and start working from October 2019?
Watch the Video on this FAQ: H-4 EAD rules change and H-1B extensions rules change
Video Transcript
1. What you could try doing is have your green card started and you can use that to extend your H-1.
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 am working as a consultant for big client. My employer applied for my H1b extension and received an RFE, they have recently replied for my RFE and now waiting for the decision. Now my client offered me job and ready for transfer my H-1. My questions is : is it possible to transfer H-1 during RFE?
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 did my Dropbox on 17 nov17.
I am on H1B visa in US from 2008 with employer A, and i have I-140 approved in 2011 from Employer A, Now in 2017 i am planning to change my employer to Employer B.
My question: Scenario 1 : If say Employer B doesn't sponsor/start my GC/I-140 in 3 years, can my employer B use Employer A's I-140 to renew n number of times ?
Scenario 2: If I didn't like employer B in future and they have not sponsored or started my GC/I-140, can i switch to Employer C ,using Employer A's I-140.
Scenario 3:If I didn't like employer B in future and they have not sponsored or started my GC/I-140, then I switch to Employer A ,using Employer A's I-140 .. now do employer A again has to restart GC/I-140 ?.
Scenario 4: How much of over lap of dates of employment can happen b/w Employer A and Employer B.
Watch the Video on this FAQ: Changing jobs after I 140 approval, returning to the old job, etc.
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.
I am on H1B visa and was charged with DUI(1st off, no injuries, no aggravating factors) on October 29th,2017 at 2:30 AM in Harrisburg,PA. Took breathalyzer test and also the eye test was taken. After that I was taken to the booking center for bio-metrics and blood test. After 3 hours I was allowed to go home.
I have been charged with the following:
Gen Imp/Inc of Driving Safely - 1st Off 10/24/2017
DUI: High Rte of Alc (Bac.10 - <.16) 1st Off 10/24/2017
Obedience to traffic control devices - hazardous condition 10/24/2017
What should be the next steps to be taken. Also how and what can be done to reduce the charges?
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.
Planning to change my employer. Priority Date: Sept 2014 (EB2). H1: on my 5th Year (Filed for an extension it is currently in process). My plan is to change my employer once my extension is approved but I have the following questions. I am 100% sure my employer is going to withdraw my I-140. How is my H1 transfer going to work?
First of all the moment, your I-140 is approved no matter which category EB-1 or EB-2, the Priority Date is yours to keep that means if you got your green card filed in let's say 2017 and you left this employer after the I-140 approval, they revoked your I-140 and you started another green card in 2020 your Priority Date will be still 2017 because your I-140 was approved. So the moment the I-140 was approved the Priority Date becomes your property and it can be carried across categories, across employers, and across geographical areas. So if you go from a PERM filing in New York to an employer in California and your previous filing was EB-3 next filing is EB2 or even EB-1 you can carry the date of the work petition as long as the I-140 was approved. The moment the I-140 is approved, the Priority Date is yours.
There are limited exceptions unless the I-140 is revoked for fraud, etc., by the USCIS. Even if the employer revokes the I-140 you will keep your Priority Date. In addition to that, if the I-140 gets approved and stays approved for 180 days you will not only carry your Priority Date you will carry your right to extend your H-1 through any employer indefinitely. You will get a second benefit after 180 days and if the lawyer revokes the I-140 you will still get the benefit of both Priority Date and the right to extend your H-1 through any employer. The government has also said if you have an H-4 EAD for your spouse, your I-40 stayed approved for 180 days your wife's or your husband's H-4 EAD is safe even if the old employer revokes the I-140 later on as long as the I-140 stayed approved for 180 days. So if you left but the I-140 stayed approved for 180 days H-4 EAD is safe. That, in a nutshell, is the general law. More
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 can only recommend working with Rajiv's law offices. Rajiv himself and his teammates (Kalpana in our case) have been professional, efficient, smart and reliable.
We started to work with Rajiv to apply for a cap H1B in March 2016. Our file was excellent and we have been selected. Our petition, to our and Rajiv's immense surprise, has been denied without any relevant arguments from the immigration agent. Rajiv gave us precious advices, he was confident that we would win with an appeal. Rajiv built our appeal file, and later our RFE answer. We contacted Rajiv and Kalpana many times in the process; they always came back to us promptly and proposed call appointments in the next 2-4 business days. They were very well organized and precise in their answers. Our appeal has been sustained.
I was finally able to get the H1B visa. I know Rajiv and Kalpana are a big part of our success. I am very grateful for their work.