How to switch from Cap-Exempt H-1B To Cap-Subject H-1B?
Nonimmigrant Visas
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Situation: I am on a cap exempt H1 with an approved I-140 more than 180 days and I found an employer who can file my cap subject H1 this April.
1. If the cap subject H1 is approved before oct 1st, will my new employment start date be earlier than October 1st?
2. Should I have to leave my current employer as soon as the other H1 is approved?
3. What if I don’t join the new employer until I find a project with them? Meaning, can I wait until after oct 1st until I find a project with them?
4. From your previous calls, I understood that if the new H1 is not revoked until oct 1st, I don’t have to go under cap anymore. Is that still accurate? Also, can you explain about getting a new I-94?
5. Should I have to go thru the GC filing all over again?
6. Can I start working with new employer while continuing my current employment?
1.If you are going to completely transfer over to a cap subject H-1B from a cap exempt you are going to start on October 1st, no earlier.
2. No.
3. Do not have the employer file an H-1B unless there is a specific project.
4. Yes that is still accurate.
5. The answer is yes, because you are carrying your priority date forward.
6. If you are working for a cap exempt employer you can actually concurrently work for a cap subject employer as long as it is a concurrent H-1B.
Note: Where transcribed from audio/video, 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.
Release Date
U.S. Citizenship and Immigration Services announced updated guidance for adjudicating requests for P-1A nonimmigrant classification for internationally recognized athletes.
Release Date
H-1B Initial Electronic Registration Selection Process Completed
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1. I am a F-1 student graduating in May 2021. An employer "X" wants to e-register me for the H1B lottery and I am hoping for a better offer from employer "Y". Suppose I got selected in the H1B lottery filed by "X". Can I start working for employer "Y"? What are my options to work for employer "Y"?
2. Can employer "Y" file my H1B petition even though I was registered in the lottery by "X"?
3. Can I ask "X" to not file an H1B petition after winning the lottery and use F1-opt as work authorization?
4. I am also applying for F1-OPT. Can I use my F1-opt to work till September for "Y" and then use H1B in October to work for "Y" while it was filed by employer "X"? I believe "X" would send an H1B petition with change of status.
1. As long as you have your OPT you can work for any employer.
2. No.
3. Absolutely you can.
4.Yes, absolutely you can.
Note: Where transcribed from audio/video, 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 have question to related to H1B revocation and Cap exemption.
I am based in India and have never traveled to the US. Back in 2014, Employer A filed H1B for me. It got picked in the lottery, got approved for 3 years till August 2017. When I went for Visa stamping at Chennai consulate, I was given 221g and the case was sent back to USCIS and it got revoked in August 2017. ( about 3 years later of my H1B Approval)
Now I have an employer B who is ready to sponsor H1B. Am I eligible for cap exempt or should i go through the regular CAP quota? Earlier H1B can be used and transferred to my new employer?
If an H-1B is revoked it gives you no benefit. You are back in quota. The moment it is revoked you have no benefit from that at all and if there is any kind of fraud allegation against you, you cannot come back to the United States at all. That's the permanent bar from entering the U.S with very few exemptions.
Note: Where transcribed from audio/video, 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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Published by: The Economic Times - Date: March 03, 2021
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SUBSCRIBE to Immigration.com YouTube Channel for further updates.
Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney Rajiv Khanna
FAQs
- Switching employers while one's spouse is on an H-4 visa and the steps to ensure a smooth return to the U.S.
- H-1B or green card misrepresentation: Legal options and consequences for fighting back against USCIS
- Options for extending stay in the U.S. after layoff as an international student pursuing a Master's in IT
- Potential visa complications for an H-1B visa holder due to past employment with a blacklisted company and alternatives for obtaining an H-1B stamp
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Processing Queue | Priority Date |
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Analyst Review | July 2022 |
Audit Review | April 2022 |
Reconsideration Request to the CO | August 2022 |
Published by: Live Mint: May 04, 2023
https://www.livemint.com/news/world/us-visa-process-to-tighten-up-amid-…
Quotes and Excerpts from Rajiv in the article:
Following up on the announcements of April 21, April 27, May 1, and May 8, 2023, the Office of Foreign Labor Certification (OFLC) is postponing the date for filers to begin submitting the new, revised applications for permanent employment certification and CW-1 applications for temporary employment certification in the Foreign Labor Application Gateway (FLAG) from May 16, 2023, to June 1, 2023. Applicants should continue to use the current PERM and CW-1 forms until such time.
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
If I change my employer while my wife is in India on an H4 dependent visa, will she be able to return to the US even though her visa stamp bears my old employer's name? She has valid stamping till Sept 2024. What steps should we take to ensure a smooth return to the US for her?
No, it is not a problem as long as you maintain your H1-B status. Whether you have changed employers or are in the 60-day grace period, she can return on her H-4 visa without any issues. Even if her visa stamp bears the old employer's name, it does not matter. There are no specific steps to take in this situation as it is perfectly legal.
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.
1. Have you taken cases of H1B or GC fraud or misrepresentation?
2. What are the consequences if caught - Just losing status and deportation? Can it lead to Jail in any case?
3. Can we fight back in court to justify our case and win against USCIS?
Yes, our firm has taken cases involving H-1B or green card fraud or misrepresentation for about 30 years. Our focus is on employment and business-based immigration and related cases. Our firm has also assisted criminal defense teams in similar cases. If caught in a fraud or misrepresentation, the government can choose to prosecute you criminally since most immigration papers are filed under penalty of perjury. This can result in imprisonment for up to five years, as felonies are serious crimes. From an immigration perspective, a misrepresentation or fraud can lead to a permanent bar from entering the United States, causing you to lose your stay and potentially be unable to return. However, if you did not intentionally lie or the misrepresentation was immaterial, you can fight back in court by asserting defenses such as lack of intent or immateriality. For example, if a minor detail unrelated to the visa decision is misrepresented, it may not be considered material. These are some of the grounds to consider when fighting against misrepresentation. If you don't have any valid arguments, it may not be worthwhile to fight your case.
I came to the US in Aug 2015. Completed masters in 2017. Started OPT on 07/2017. When applying for OPT EAD I joined employer AZTech Technologies. I joined as an intern and was there for like 4 months. He responded for 2 months during training, after a couple of months employer did not respond at all. I got a doubt and found another job and moved to a different company. Later I got an H1B and I 140 approved. I am planning to go to India this August 2023. Recently I found out through social media that the company I joined in the initial stage of OPT EAD was a black listed company. Most people who joined those similar companies' visas got rejected when they went for stamping. I am going for H1B stamping. Will there be a problem in my case? Could you please advise me in this case? In an emergency situation, I need to go to India. I heard from some friends and social media groups out of my research that I can go get stamping done in other countries and then travel to India and can be back to the US.
Firstly, it is crucial to be truthful and transparent about your employment history. Attempting to hide or misrepresent any information can have serious consequences. If there is misrepresentation in your background, it is possible that you may be barred from entering the United States permanently. Unfortunately, there may not be much we can do to change that outcome.
It is advisable to consult with an immigration attorney who can assess your specific circumstances and provide personalized advice based on the current immigration laws and regulations.
I moved to the USA to pursue my Master's in IT. Unfortunately, I have recently been affected by mass layoffs in the tech industry, leaving me with only 30 days to extend my stay in the country to address household responsibilities and potentially secure a full-time job.
I have researched a few options for extending my stay and would greatly appreciate your guidance on these alternatives:
1) Apply for a B2 visa promptly: This option would allow me to remain in the country for an additional six months (until July or August) and continue my job search.
2) Enroll in a community college and obtain an I-20: Many community colleges do not require GRE or TOEFL scores, and their Fall semester usually begins in mid-August. This cost-effective choice would give me time until December, and I could transfer any earned credits to a university if needed.
3) If more time is required, I could join a university in the Spring semester and transfer my community college credits. However, I understand that applying for an MS or PhD program would necessitate a direct application to the university.
If you are facing a layoff as an international student pursuing a Master's in IT and seeking to extend your stay in the US, there are several options available. One option is to apply for a B-1/B-2 visa. Please visit Rajiv’s blog at immigration.com for more information.
Another option is to enroll in a community college and obtain an I-20. This can provide you with additional time in the US. If more time is required, you could consider joining a university in the spring semester.
Curricular Practical Training (CPT) is another option to explore. There is another blog entry specifically discussing CPT, which you should read for more information. Additionally, there is an option to secure a quota exempt job. Our website features frequently asked questions that address quota exempt jobs, so be sure to review them.