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Recording of Free Community Conference Call (Every Other Thursday), July 13, 2017
Immigration.com
Nonimmigrant Visas
Green Card
Substantial transcription for video
Discussion Topics, Thursday 13 July 2017:
FAQ: Evidence or documents created after the filing of a petition || H-4 EAD when an I-140 is revoked after 180 days || Can a green card be started on F-1 status? || New regulations, effect on layoff after I-140 approval || Reentry permit to preserve green card and extensions || I-94 given for a shorter duration at the airport than the petition approval date ||
Other: Deportation for crimes || Changing status after marriage in the USA || Revocation of I-140 after 180 days || Effect of minor violations on immigration status || Filing H-1 amendment, etc. || Removal of condition, Form I-751 || Multiple I-94 issued || Changing status when a change of status petition is pending || PERM - effect of variation in job description/requirements || Getting a copy of I-140 by filing FOIA with USCIS || Applying for change of status to H-1 || Calculating deadlines for RFE response falling on holidays || Changing status from H-1 to F-1, etc.
USCIS Returns Unselected Fiscal Year 2018 H-1B Cap-Subject Petitions
USCIS announced on July 19, that it has returned all fiscal year 2018 H-1B cap-subject petitions that were not selected in our computer-generated random selection process. USCIS previously announced on May 3, that it completed data entry of all selected cap-subject petitions.
USCIS to Resume H-1B Premium Processing for Certain Cap-Exempt Petitions
U.S. Citizenship and Immigration Services (USCIS) will resume premium processing for certain cap-exempt H-1B petitions effective immediately. The H-1B visa has an annual cap of 65,000 visas each fiscal year. Additionally, there is an annual “master’s cap” of 20,000 petitions filed for beneficiaries with a U.S. master’s degree or higher.
Premium processing will resume for petitions that may be exempt from the cap if the H-1B petitioner is:
* An institution of higher education;
* A nonprofit related to or affiliated with an institution of higher education; or
Recording of Free Community Conference Call (Every Other Thursday), July 27, 2017
Immigration.com
Nonimmigrant Visas
Immigration Law
Green Card
Substantial transcription for video
Discussion Topics, Thursday 27 July 2017:
FAQ: Does H-4 require a prior USCIS approval for visa stamping? ||I-485 applicant holding multiple jobs on EAD
H-1B lottery layoff before start, Automatic status change, Multiple filings, and Traveling
Question details
Case: Picked for H1B lottery.
- What happens if the company lays off after June but before October 1? Would I stay on my current visa status? Or will I be on H1B but with a 60-day timeline to find the next job?
- Does the status automatically change to H1B on Oct 1? or does immigration require paystubs for a couple of weeks to prove our employment?
- If I file the petition with two companies separately, how will immigration decide which one to approve? Will they approve both?
- Are there any travel restrictions from June to Sept
FAQ Transcript
In this scenario, you won't be on H-1B status with a 60-day grace period to find a new job.
What is Cap Gap Extension? How does it work?
Question details
1) Is H1B cap-exempt to H1B lottery-based considered a change of status?
2) If I currently have an H1B cap-exempt visa and am filing for an H1B petition in June, when can I not travel outside of the US - from now to June, June to Petition Approval, or from Petition Approval to Oct ? My current H1B visa would be valid until Nov.
FAQ Transcript
Yes, potentially. It allows you to work while your STEM OPT expires (April 30th in your case), and your H-1B petition is pending, extending your work authorization until October 1st.
Recording for May 09, 2024 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
Immigration Law
Green Card
Discussion Topics:
FAQ’s: EAD delayed - options || Benefits of National Interest Waiver
Benefits of National Interest Waiver
Question details
Two general questions,
1. What are the benefits of filing an EB2 NIW for a person whose I-140 has already been approved by an employer in the same category apart from NIW, not depending on your employer? Also, can you get your I140 approved priority date to your NIW?
2. Is it possible to renew the H-1B visa stamp before expiration? For example, if my H1B expires on November 1st and I apply for a visa stamp in October with approved extension I797, Would I be able to renew it?
FAQ Transcript
While an approved I-140 with an employer offers some benefits, an EB-2 NIW grants portability - you can keep your green card across job changes in your field. It also allows extending your H-1B past the 6-year limit and enables your spouse to work and travel with you. For those with backlogged priority dates (e.g., India), NIW can help with I-130 petitions in specific situations. If your I-140 is approved already, the main advantage of NIW becomes self-sponsorship. Finally, you can renew your H-1B visa stamp before expiry, though consulate lead times (like four months) might apply.
May 24, 2024, Rajiv in QnA session on behalf of students, young professionals
Immigration.com
Nonimmigrant Visas
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mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
Recording for May 23, 2024 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
Green Card
FAQs: Options when H-1B project is canceled || B-2 visa dilemma: Extend or switch to CPT for PERM/I-140 || Procedure to recapture H-1B/L-1 time outside the U.S.
Options when H-1B project is canceled
Question details
Scenario: Currently working for company A. Company B has filed H1B petition and gotten approval for Oct 1st start date. Unfortunately, Project with company B goes away before Oct 1 and company B doesn't revoke my visa before Oct 1st.
1) Since I will automatically move to H1B on Oct 1st and I don't have that project anymore, can I continue to work for my current employer using the new H1B visa? (What options I have if I want to use the new H1B visa and work for the same employer?)
2) In the same case, will company A be notified about my new H1B visa on Oct 1st?
3) Will company A have to rehire me for H-1B transfer? or can I continue to work with them while the transfer is pending?
4) How would it work if I find a new project through a new company C? Would they need to file for H-1B transfer as well ?
5) What info can USCIS ask for H-1B transfer in that case? What sort of RFEs may come up?
FAQ Transcript
You can't work for your current employer (Company A) on the new H-1B. File an H-1B transfer to Company A. USCIS won't notify them. Consider a lawyer consultation to possibly keep working at A while the transfer is pending.
Procedure to recapture H-1B/L-1 time outside the U.S.
Question details
During the last three years on H-1B, I have spent approximately one year outside of the US (multiple visits to India). What is the procedure to recapture that time and add it back to my H-1B total time?
FAQ Transcript
You can recapture your H-1B time (one year) by requesting it during your next extension application. There's no deadline, and you might even recapture a full year if you exceed six months out. Documentation like passport stamps is needed.