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March 19, Recording of Free Community Conference Call (Every Other Thursday)
Nonimmigrant Visas
Green Card
Discussion Topics, Thursday, 19 March 2020
FAQ: EB-1C - What if my priority date does not become current before my L1A expiry? Should I file an H1B for safety? If I do, will I get moved from EB1 to EB2 ? Should my wife try for H1B ? Is there any maximum number of tries for H1B? If neither me nor my wife manage to get a H1B visa in the next 3 years, is it ok to exit the country and come back when EB1 priority date becomes current ? What visa will I come back with? || Loss of job/laid off during Covid/coronavirus times
OTHER: Moving from a cap exempt H-1B, extension etc. || Apply for an H-1B extension while another MTR is pending || Rejoining old employer after withdrawn I-140 || 60 days grace period for H-1B || Travel during EAD/AP renewal || H-1B transfer or AC21?
Recording for November 30 2023, Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
FAQs: H-1B visa transfer before arrival into the USA|| Employee paying for green card and H-1B premium costs || Using an old H-1B visa stamp of a different employer
USCIS Changes Filing Location for Form I-907 for Pending Form I-140
Release Date
U.S. Citizenship and Immigration Services will begin transitioning the filing location for Form I-907, Request for Premium Processing, when filed for a pending Form I-140, Immigrant Petition for Alien Workers, from the service centers to appropriate USCIS lockboxes on Dec. 15.
Employee paying for green card and H-1B premium costs and Using an old H-1B visa stamp of a different employer
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.