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Rajiv's News Clips - United States Department of Labor proposes increase in H-1B wages - The Economic Times
Published by : The Economic Times - Date: September 22, 2020
USCIS to Provide Contract Interpreters for Asylum Interviews - Temporary Rule to Help Reduce Spread of COVID-19
U.S. Citizenship and Immigration Services announced a temporary final rule to help prevent the spread of the coronavirus (COVID-19) by using government-contracted telephonic interpreters for affirmative asylum interviews at no cost to the applicant.
Owning or Doing Business on H-1B
Is there any legal issues with starting a LLC for a software product on H1B based on below scenarios.
Scenario 1: Start a LLC in partnership with a US Citizen. For example say I would be 90 % stockholder and the other person would be 10 %. My partner would run the company and do all the work that is needed to sell the software product. I would be a passive owner and not involved in any active duties.
Scenario 2: Start a LLC as 100 percent stockholder and employ a GC holder or US Citizen as a manager to run the company. I would be a passive owner and the manager would do all the active duties. Is there any restrictions around how much salary i should pay the manager of my company? How about if i offer him/her 10 % of the stocks as a compensation instead of salary or offer him/her commission based salary?
Watch the Video on this FAQ: Owning or doing business on H-1B
Video Transcript
1. I do not see any problem with that.
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.
Changing Status During a Pending Application - Authorized Period of Stay
Currently, I am On My H1B, filled H1 extension on time, before I -94 expiry, ( Perm, I-140 Approved ). When H1 extension pending in normal process can I apply for a change of status to F1 by using the H1 receipt number? While I am on F1 if my Priority date is current, can I Adjust my status / file (i-485) when I am on an F1 visa? Will it be an issue If I am F1 visa to Adjust my status if priority date is current?
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.
Issues in changing employers after I-140 approval
I am planning to switch from Employer A to B. Can you please help clearing some confusion i have.
Moving from Employer A to Employer B with I-140 approved.
1: If Employer A revokes I-140 and Employer B files a new petition I can retain the priority date. Does Employer A have to revoke I-140 or if he can continue it even if I am not working there?<br>
2: If Employer A doesn’t revoke the I-140 and Employer B files a new Labor and I-140 petition and retains the PD of previous I-140, would the previous I-140 be valid anymore?<br>
3: If Employer B files a brand new PERM and I-140 with new PD (2020) and Employer A I-140 is valid with the old PD. What happens if the old PD becomes current. Do I need to go back to old employer A or Employer B can file I-485 with the old I-140 PD.<br>
4: Is there a one year max limit rule on filing the I-485 once the date becomes current? What if it cannot be filed, does that void approved I-140?
FAQ: Issues in changing employers after I-140 approval
Video Transcript
1. Absolutely.
2. Absolutely. The I-140 priority date gets attached to you. Therefore, wherever you go, that's where the priority date goes.
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.
Guestbook Entry for Ankita, United States
Rajiv's News Clips - Recent court order paves way for expedited American citizenship - Times of India
Published by : Track.in - Date: September 04, 2020
Quotes and Excerpts from Rajiv on the article:
Sept 3, 2020 Recording of Free Community Conference Call (Every Other Thursday)
Nonimmigrant Visas
FAQs: H-1B portability without a visa stamp || Unemployment benefits while on B-2 || Owning or doing business on H-1B || Unstamped H-1B quota exemption || Change of status on an H-1B approved for consular processing || Changing status during a pending application - authorized period of stay.
OTHER: Visas for Canadian permanent residents || J-1 waiver for multiple DS 2019 || Name discrepancy || Union membership for nonimmigrants or immigrants || Pandemic Unemployment Assistance, etc.
Guestbook Entry for Haresh Umaretiya, United States
Recently, we worked with Mr. Rajiv for three different employment immigration cases. I could not describe here how well he and his team handled all cases. They are extremely professional and we organized, very responsive. Even with his busy schedule, Mr. Rajiv reviews call cases and documents. Many thanks to Ms. Anna, Ms. Kalpana, and Mr. Manik. You all are awesome. You become our lifetime immigrant advisor.
H-1B portability without a visa stamp
I came to US on H-4, so I have only H-4 stamping in my passport. Got my H1b picked up in lottery two years back, and did COS to h1, and have approved i797A with I-94 and working with my current employer.
Got an offer from another company, and they filed my H1b transfer, and got the i-797A approval with I-94.
So my question here is, can I join the new company using the H1b transfer approval, even though I don’t have H1b stamp at all in my passport? Will this be a valid H1b transfer?, or should I go back to India to get my H1b stamping to join the new employer?
Watch the Video on this FAQ: H-1B portability without a visa stamp
Video 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.
Guestbook Entry for Aditya Mahajan, United States
Law offices of Rajiv S Khanna handled my H1B visa application. I am on H4-EAD and the initial consultation from Mr. Khanna was immensely useful. The team members, Shilpa and Anna were very responsive and proactive and the entire process was smooth. I strongly recommend Law offices of Rajiv S Khanna for visa and immigration purposes.
Guestbook Entry for Kalyan Vuthunori, United States
My H1B amendment case was very unique situation where it was approved for 3 times and now USCIS issued RFE. Rajiv S Khanna Law firms has very specialized skill they go very deep into the RFEs and make sure all aspects are covered. I got three years approval. I highly recommend Rajiv S Khanna law firm.
Sept 17, 2020 Recording of Free Community Conference Call (Every Other Thursday)
Immigration.com
Green Card
FAQs: Priority date and original I-140 approval notice || Staying with the same employer for 180 days after I-140 approval|| Green Card holder stuck outside the US for more than a year|| Salary reduction on H-1B.
OTHER: Lawsuit for delay || EB-1C Consular Processing|| H-1B withdrawal by old employer, etc. || H-1B approved, current visa options || Section 319(b) naturalization || H-1B transfer after visa denial || Arrest for Marijuana || L-1A number of employees || Transferring H-1B with a copy of approval || L-1A for a newly acquired company || Filing green card on H-4 EAD || Supplement J issues, etc.
Unstamped H-1B Quota Exemption
I had an H1B from my previous employer that was valid from Dec 2016-Dec2017. I never got the visa stamped and it has complete 6 years unused on it. The question I need your help with is if an employer files H1B for me, would it be eligible for Cap-Exempt processing or not?
The government may be pushy on this issue, but they do maintain that if you have not received a change of status, for example, from F-1 to H-1 or an H-1B visa stamp, if you are outside the USA, you are still subject to the quota. I think they are legally wrong. So the bottom line is you should try to go ahead and give it a shot, and I don't think the government is in a legally defensible position.
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 lottery layoff before start, Automatic status change, Multiple filings, and Traveling
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
In this scenario, you won't be on H-1B status with a 60-day grace period to find a new job.
Layoff during Self-NIW application, changing jobs with NIW not yet filed, pending or approved
I started the self-NIW application while working with employer A, but for some reason, I could not file the petition. Later I got laid off from employer A and now I'm working with employer B.
I want to restart the NIW application. Questions:
1. Since I got laid off with employer A, will that be a challenge/red flag in my petition?
2. It's only been one month with employee B. Shall I wait some time at company B to restart my NIW application? or doesn't it matter?
Answer 1. Being laid off is not a challenge/red flag.
Answer 2. There's no reason it should be. You don't need to wait to restart the application. You can file it even though you've only been with employer B for a month.
I worked with Rajiv and Diane for my EB1-B greencard petition. The initial consultations with Rajiv were a big help in understanding my eligibility (I have a PhD and work as a scientist at a Biotech company) and the paperwork required for the petition. Diane’s amazing organizational skills made the daunting process of preparing the I-140 petition very manageable. The I-140 was approved within a week of submission which is a testament to how thoroughly prepared it was. Due to the dates for EB1 India being retrogressed, the I-485 (adjustment of status) process took 3 years during which the office helped me with switching jobs via AC21 portability, renewing three EAD/AP cards and answering any questions that I may have had. The sense of urgency and empathy from both Diane and Rajiv at every step is what makes them the best at what they do. They are of course also incredibly knowledgeable and in step with all the various changes that have rapidly occurred in immigration. My husband and I finally have our green cards and we can’t thank the team at the Law offices of Rajiv S. Khanna enough for everything they do.