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:
Search
Sept 2, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Agency
Nonimmigrant Visas
Discussion Topics, Thursday, September 02, 2021
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. Oddly, the RFE specifically questioned the credentials of the professor, who had assessed the employee’s educational background and experiential 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.
Recording for May 01, 2025, Conference Call with Rajiv S. Khanna
Agency
Nonimmigrant Visas
Immigration Law
Green Card
Recording for May 15, 2025, Conference Call with Rajiv S. Khanna
Immigration.com
Green Card
FAQs:
1. H-1B extension beyond six years. PD is now current. I changed employer. Options.
2. Employer deducted H-1B premium fee — Will this affect visa stamping or POE?
Other Topics :
H-1B extension beyond six years. PD is now current. I changed employer. Options
Question details
My GC was filed, and I-140 was approved in 2012. My PD is November 2012, which became current in March 2025. However, I changed employers a few years back. My current employer is willing to start my GC application but hasn't started yet. Do I really have only one year from the time my PD turned current to file for AOS? If yes, what are my options to maintain my H1 status?
FAQ Transcript
If your I-140 is approved and your priority date becomes current, you generally have one year to file Form I-485 (Adjustment of Status) to maintain H-1B extension eligibility beyond six years. This one-year window is dynamic: if your priority date retrogresses and then becomes current again, the clock resets. USCIS rarely accepts changing employers as a valid reason for not filing the I-485 within this timeframe, making H-1B extensions difficult if you miss the deadline while your priority date is current.
Employer deducted H-1B premium fee — Will this affect visa stamping or POE?
Question details
My H1B was picked in the 2024 lottery, but there was no progress on the case for months, so I asked my employer to move it to premium. They said that it would be charged through my payroll, and I was okay with that. Later, I received an RFE, and the petition was approved recently.
My employer has already started deducting the premium fee from my last payroll (it is set to be deducted across 6 pay cycles). But when I checked my payslip, that deduction was not mentioned in it. Instead, the base pay is reduced by the installment amount, and then all the taxes are calculated on the reduced amount. This means that for the 6 pay cycles, my pay will be run on an amount lower than the LCA amount.
Will this cause any problems during stamping or at the port of entry? Please let me know if there is anything I can request my employer to change in this process.
FAQ Transcript
Employers are generally not allowed to deduct H-1B premium processing fees from an employee's salary. Most believe the employer should bear this cost. Such a deduction effectively reduces your actual pay, which could lead to issues if your salary falls below the LCA (Labor Condition Application) stipulated amount, or even if it remains above but is lower than your expected wage.
To mitigate this, you should ask your employer to consult an immigration lawyer and reimburse you for the deducted amount, restoring your salary to its original level. This step, while not a guaranteed fix, is crucial for addressing the issue.
Rajiv's Comments in the News - Indian parents face uncertainty over US citizenship for newborns
Published by: The Economic Times - May 27, 2025
https://economictimes.indiatimes.com/nri/migrate/indian-parents-face-un…
Quotes and Excerpts from Rajiv in the article: