Recording for December 14, 2023, Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
FAQ: Converting from B visa to any other status such as H-1B, etc.
FAQ: Converting from B visa to any other status such as H-1B, etc.
Question 1
1. Is it legal for an employee to pay all the expenses of a green card (eb2 / eb3), such as cost of attorney, pwd, recruitment, perm, I140 premium, I485, etc.?
2. Is it legal for employee to pay the cost of h1b premium transfer?
Question 2
My question is related to H1B stamping.
I have a stamped visa till April 2024 from my previous company.
I have a new I-797 from my current company.
Do I still have to go for Visa Stamping if I visit India in December 2023.
Answer 1: Employees cannot legally pay for green card expenses, H-1B fees, or premium processing associated with PERM. For the green card process, the employer must cover all costs. In the case of the I-140 stage, the employer should pay, especially if the employee is on H-1B. However, for the I-485 stage, the employee can pay.
Regarding H-1B, the employer should generally cover all expenses, except for premium processing. If premium processing is for the employee's benefit and the employer opts not to pay, the employee can choose to cover the cost. If premium processing is for the employer's convenience, the employer must pay.
In summary:
Green Card (PERM): Employer must pay; employee cannot.
I-140 stage: Employer should pay, especially for H-1B holders.
I-485 stage: Employee can pay.
H-1B expenses: Employer should pay, except for premium processing.
Premium processing: Employee can pay if for their benefit; otherwise, employer must pay.
Answer 2: Additionally, an employee with an old H-1B stamp from a previous employer can use it for a different employer. There's no need for new visa stamping if there's a new approval notice. Traveling on the old stamp with the new approval is permissible.
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance regarding the F and M student nonimmigrant classifications, including the agency’s role in adjudicating applications for employment authorization, change of status, extension of stay, and reinstatement of status for these students and their dependents in the United States.
I have a valid B-1 visa and have traveled to the US recently in April 2023. Now my H1B petition has been approved, and I am eligible for Dropbox. My employer is telling me that if my case does not get approved in Dropbox, he is asking me to travel on B1 and then get the status converted to H1B. In my I-129, it was mentioned as a change of status, as my I-94 was valid when my H1B was approved. I wanted to know if there will be any issues with coming to the US on B1 and changing the status if they call me for an interview in Dropbox. Also, I want to know if it is possible to switch employers with an approved H1B petition before getting my visa stamped. If I change the employer, will it have any issues?
I strongly recommend against attempting to convert B-1 status to H-1B without approval. Additionally, changing employers without visa stamping may pose challenges according to government guidelines. However, we have a successful track record of handling such cases in practice. Always consult a lawyer.
I have a valid B-1 visa and have traveled to the US recently in April 2023. Now my H1B petition has been approved, and I am eligible for Dropbox. My employer is telling me that if my case does not get approved in Dropbox, he is asking me to travel on B1 and then get the status converted to H1B. In my I-129, it was mentioned as a change of status, as my I-94 was valid when my H1B was approved. I wanted to know if there will be any issues with coming to the US on B1 and changing the status if they call me for an interview in Dropbox. Also, I want to know if it is possible to switch employers with an approved H1B petition before getting my visa stamped. If I change the employer, will it have any issues?
I strongly recommend against attempting to convert B-1 status to H-1B without approval. Additionally, changing employers without visa stamping may pose challenges according to government guidelines. However, we have a successful track record of handling such cases in practice. Always consult a lawyer.
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mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
The initial registration period for the FY 2025 H-1B cap petitions will open at noon Eastern on March 6, 2024, and run through noon Eastern on March 22, 2024.
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
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Discussion Topics:
Number 88
Volume X
Washington, D.C
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
This bulletin summarizes the availability of immigrant numbers during April for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.
There are two nonimmigrant visa categories for persons who want to participate in Exchange Visitor programs in the United States. The J nonimmigrant classification is for participants of exchange programs, designated by the Department of State, that are designed to promote educational and cultural exchanges between the United States and other countries. The Q nonimmigrant classification is for participants of international cultural exchange programs designated by the Department of Homeland Security.
Release Date
With the new fee rule that goes into effect April 1, 2024, you must use the new 04/01/24 editions of the following forms:
Processing Queue | Priority Date |
---|---|
Analyst Review | February 2023 |
Audit Review | December 2022 |
Reconsideration Request to the CO | April 2023 |
FAQs: AC21 Supplement J and Salary Increase: Potential Issues with Job Porting and leaving the employer after green card || EB-3 PERM Green Card Application: Implications of Applying for a Future Promoted Role || EB-3 PERM Green Card Application: Implications of Applying for a Future Promoted Role || Staying in and Working from Home Country with Long-Pending I-485
U.S. Citizenship and Immigration Service (USCIS) is committed to timely adjudicating DACA renewal requests.
Q1. My AOS is pending 180+ days, so which is less risky or will not cause problems when it comes to naturalization: (i) filing AC 21 and going with a new employer right after 180 days are complete, or (ii) leaving the current employer right after getting the green card?
Q2. Salary increase when filing ac21/485 j supplement: if I am filing an ac21 and the next job offers me a significant increase (2x) and 50% up from my current job, is it going to be an issue while filing a j supplement and porting a job?
Q3. What should I consider and keep in mind when changing from employer A to employer B when filing a J supplement (ac 21)?
Q4. Also, is it advisable and recommended that we stay with our employer for six months upon getting a green card? Or does it matter, and we can move as soon as we get the green card? Or should we stick with our employer for at least 3 months?
Q5. Suppose I am filing a J supplement (ac21) vs. moving right after from the employer from whom I just got the green card. Are both things considered the same, i.e., filing a J supplement and leaving the green card regarding consequences or future issues regarding citizenship/renewal? Or is one thing less risky compared to the second thing?
In most cases, filing Supplement J before moving is preferable. It's a more transparent approach, indicating your intention to change jobs before your green card approval. Moving right after obtaining the green card may require explanations and potentially dishonest justifications for your decision to leave. Therefore, Supplement J is generally considered a better option.
Q1. I-485 Filed for EB3 ROW Category While I am not in PERM Sponsored Role
I am stuck in the scenario where my green card was prepared for a future/prospective role, but the AOS/485 is filed, and I still do not have that prospective role (not promoted yet). What are the issues or risks if the green card is approved but I am not holding that future/prospective role? Is it necessary for me to be in the PERM-sponsored role (future role) at the time when USCIS approves I-485?
If the green card is approved and I am not given that future sponsored role, what are the issues/consequences? And how do we go about navigating this process?
Q2. Filing of GC
If my green card application is prepared for a future role and I am not in the perm-sponsored role (future role), i.e., I haven’t got a promotion while the AOS is filed, is it necessary for me to have that future role or not? If yes, then at what stage will the promotion be required for me to get a green card? And if I don’t get a promotion by the time the green card is approved, will there be any issues? If yes, what are the issues?
Answer 1: There isn't an immediate risk if you haven't been promoted at the time of filing Form I-485. However, it's expected that you'll be promoted within a reasonable period after your green card approval, typically within four to five months. Failing to be promoted after approval may raise questions, but it's not inherently problematic as long as the intention to promote was genuine.
Answer 2: If you haven't transitioned into the future role after your green card approval due to unforeseen circumstances or company issues, there generally aren't significant consequences. As long as all parties acted in good faith, the failure to fulfill the anticipated role doesn't usually jeopardize your green card status. While this situation may be contentious, it's typically manageable and shouldn't pose a substantial risk to your immigration status.
U.S. Citizenship and Immigration Services announced agency-wide anti-discrimination guidance that addresses public-facing interactions and affirms the public service principles.
This article is part of the continuing series of interviews between The Practical Lawyer Editorial Board Member Rajiv S. Khanna and leading practitioners across the country, designed to provide personal and professional insights into various areas of the law.
Read more by clicking the pdf attachment.
USCIS is updating guidance in the USCIS Policy Manual to clarify how USCIS considers expedite requests related to government interests and requests related to emergencies or urgent humanitarian situations, including travel-related requests. This update also clarifies how to make an expedited request and explains how USCIS processes expedited requests.
Government Interests
Release Date
USCIS has extended the initial registration period for the fiscal year (FY) 2025 H-1B cap. The initial registration period, which opened at noon Eastern on March 6, 2024, and was originally scheduled to run through noon Eastern on March 22, 2024, will now run through noon Eastern on March 25, 2024. USCIS is aware of a temporary system outage experienced by some registrants, and is extending the registration period to provide additional time due to this issue.
I have known about Rajivji since last 25 years when his team had helped me with h1 and green card of mine and lots of my friends and relatives too. We were very happy and impressed then and I had always recommended his name when I came across any immigration help that others I knew had needed. I have been working for a start up as an HR for past few years and the employer needed help with filing H1 for one of his very crucial employee. The employer decided to hire a local attorney in CA and unfortunately, the H1 filed by them got denied. I then recommended Mr. Rajiv Khanna and his team as I knew only he could get the H1 approved for this employee. As expected, my employer and I both agreed Rajivji is the best immigration attorney we have ever dealt with.
Initially, the employer had hired an attorney who we felt that she did not do a thorough job of filing the employee's h1 and hence his visa got denied (the RFE response did not provide the details which were needed).
On my recommendation, my employer then decided to take Rajivji's help. Right from the first meeting, my employer, employee and I feel we have gotten an excellent service from the whole team. We are truly grateful for the detailed work that was done for the H1 which was approved once filed by the team - without any RFE. We thought the whole process was done with due diligence and very professionally - lot of efforts and time were put in and I could see all that in lot of back and forth that was done. The team made was always available to answer any questions (silly as well) and also was very punctual and prompt in doing so. The final file that was prepared was shared with us and we were very impressed with the contents and details of the file, how professionally it was put together. Rajivji would come on calls to ensure everything including even any grammatical mistakes etc. The overall experience we had was the BEST and we cannot be more grateful than this - I thank Rajivji and his team from the bottom of my heart for helping us out and for navigating us through in such crisis mode. We went back for the h1 extension recently and yes that got done smoothly too, it has been absolute pleasure to work with them, to be honest, I actually miss working with them, I even commented in my last meeting with them, that I hope my employer hires many more employees on H1 and that I get a chance to work with the team again and again, and I mean that.
We plan to go back to them for the GC soon because we know, there is no other better team than this, and we are very grateful to have known of them - Thank you Rajivji and the team - Looking forward to working with you soon!