Sept 2, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
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Nonimmigrant Visas
Discussion Topics, Thursday, September 02, 2021
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H-1B Approval for an Operations Research Analyst
We were approached by an employer in the pharmaceutical manufacturing industry to respond to an RFE (Request for Evidence) for an Operations Research Analyst. The RFE indicated that the job duties were vague, and did not allow the USCIS to ascertain the minimum requirements for the position, or determine whether it constituted a specialty occupation.
Nonimmigrant Visas
Profession/Occupation
H-1B Approval for a computer and information systems manager
We assisted in the filing of an H-1B petition for a newly established company in the healthcare industry for a computer and information systems manager. We received a request for evidence (RFE), asking for details about the employer and questioning the employee’s qualifications.
Nonimmigrant Visas
Profession/Occupation
H-1B Approval for a computer and information systems manager
We assisted in the filing of an H-1B petition for a newly established company in the healthcare industry for a computer and information systems manager. We received a request for evidence (RFE), asking for details about the employer and questioning the employee’s qualifications. Oddly, the RFE specifically questioned the credentials of the professor, who had assessed the employee’s educational background and experiential qualifications.
H-1B Visa - Change of Status
Question details
I have an approved H-1B petition. Right now, I am in India. However, my spouse also holds an H-1B. Can I apply for an H-4 visa and travel to the USA with my spouse and apply for a change of status in the USA from consular processing and use my H-1B there. Will it affect my H-1B in any way?
Technically, the USCIS can object to applying for a change of status within 90 days after entry, if the change results in activities that are inconsistent with the original visa used for entry, the H-4 visa. The key question is whether applying for H-1B soon after entry into the USA is inconsistent with H-4, a visa that allows work authorization.
FAQ Transcript
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.
H-1B Visa and seeking emergency visa appointment
Question details
We are the parents of a minor (5 months) old U.S.Citizen daughter who is currently in India. We need to take our daughter to the U.S. for her 6-month vaccination doses. My H-1B visa and my spouse's H-4 visa need to be renewed, but unfortunately, there are no dropbox appointments available in any city. Is there a way an exemption can be made for our travel? I am a civil engineer who has built commercial facilities and will be building more commercial facilities in California, USA.
You can try seeking an emergency visa appointment based on medical reasons applicable to your daughter.
FAQ Transcript
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.
H-1B visa and applying for National Interest Exception
Question details
I am presently in the U.S. and will be visiting India to get my H-1B Visa stamped. As there are travel restrictions for passengers from India to the US, will I be allowed to enter the U.S. on an H-1B visa? Presently I am staying in the U.S. on OPT.
Unless you are covered by an exemption, you will have to apply for a national interest exception. Also, getting appointments for visa stamping is not particularly easy at the moment.
FAQ Transcript
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.
H-1B visa expired - Travel to the U.S. based on daughter's U.S. passport
Question details
We are currently in India, and one of my daughters is a U.S. citizen by birth. However, our H-1B visa expired a few years ago. So now we do not have any valid U.S. visas. Can we travel to the U.S. now based on my daughter's U.S. passport? Please advise as we heard many such parents are traveling like this, Are there any options for us?
You cannot reenter the USA without a visa. Having a US citizen child exempts you from the travel ban, but not from the visa requirements.
FAQ Transcript
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.
Intermittent H-1B employment
Question details
I recently transferred from the U.S. to the UAE office since I was not selected in the H-1B lottery in March. I was then selected in the second lottery and my company has started the H-1B process. Can I do short-term 1-2 week visits on H-1B every few months instead of B-1? Do I need to be employed to enter the U.S. using H-1b?
While intermittent H-1B employment is permitted, it is only for the job for which you have an H-1B approval. You cannot use an H-1B visa to travel to the US intermittently without that job.
FAQ Transcript
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.
Aug 6, 2020 Recording of Free Community Conference Call (Every Other Thursday)
Substantial transcription for video
FAQs: I-485 Pending Using EAD Consequences || H-4 EAD issues || FAQ: H-1B no notification of termination, 60 days grace period, etc. || Deadline to join new employer after H-1B transfer is approved ||
OTHER: DV lottery || Withdraw BALCA appeal, H-1B extension || H-4 EAD Starting business || Name error on I-140 || Green Card holding parents unable to travel || Traveling with existing L-2 visa || H-1B extension based upon pending green card || EB-1C priority date prediction || F-1 OPT withdrawing H-1B
H-4 EAD Issues
Question details
I am having H4-EAD,Can I start any business?
Watch the Video on this FAQ: H-4 EAD issues
Video Transcript
FAQ 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.
H-1B no notification of termination, 60 days grace period, etc.,
Question details
My employer ended my employment due to COVID reasons on May 31, 2020 but I never received an official termination letter. Calculating the grace period depending on the assumed termination date mentioned above, I have till July 30 to find a new job. Should my new employer give me an offer or start the H1B transfer application before July 30? What happens if they fail to do so in time? Can I extend the grace period on the basis of having an offer in hand or maybe because of the pandemic? My final interviews with potential employers are being withdrawn because of the time restriction.
Watch the Video on this FAQ:
H-1B no notification of termination, 60 days grace period, etc.
Video Transcript
File a complaint against the employer with the Wage and Hour Division of the U.S. Department of Labor by filling up the form WH-4. You can also call them.
FAQ 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.
Deadline to join new employer after H-1B transfer is approved
Question details
After H-1B transfer is approved with the new employer, how long do I have to decide if I can to join the new employer? Can I join after 90 days of H-1B transfer approval? Is there a deadline?
FAQ 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.
Aug 20, 2020 Recording of Free Community Conference Call (Every Other Thursday)
Nonimmigrant Visas
Substantial transcription for video
FAQs: Changing jobs while I-140 pending and change in job title || Going to school while I-485 is pending || Issues in changing employers after I-140 approval.
OTHER: Fiance visa without a formal ceremony || Impact of Supplement J approval || Taking leave during H-4 EAD gap || H-4 EAD delay || Family-based I-485 interview rescheduled || Relocation while PERM green card is pending || Evidence of marriage || Applying for green card for parents || Applying for H-1 through two companies || Unlawful presence after H-1B denial, etc.
Changing jobs while I-140 pending and change in job title
Question details
I have my PERM approved from my current employer A recently this month, can I still use my PD when I transfer my H1B to a new employer B, before I-140 approval or when I-140 is in progress with the old employer A?. If my job title is changed (from 'Software Engineer' to 'Business systems analyst')with changing job to the new employer B, can I still use the approved perm from employer A for the PD or to extend my H1B max stay beyond 6 years?
FAQ 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.
Rajiv's Comments in the News - H-1B denial rates decline: USCIS data
Published by: The Economic Times - Date: September 01, 2021
Quotes and Excerpts from Rajiv in the article:
“We have seen a very positive trend in the moderation in unnecessary hurdles. We see this trend all through legal immigration, not just H-1B visas. It’s not that we are not getting requests for evidence, it is that they are a lot more reasonable,” said Rajiv S Khanna, managing partner at immigration.com.