Feb 3, 2022 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Citizenship and Naturalization
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Discussion topics:
Discussion topics:
Discussion Topics, February 17, 2022
FAQ's: Left while Extension pending. B-1/B-2 visa inspection at the airport by the CBP and repercussions || Interfiling || Interfiling and AC21 Portability || Interfiling, Returning to Old Employer
I am on H-1B visa with employer A. Have approved I-140 with priority date as Oct 2015 under EB-2. Looks like EB-2 can hit 2015 by the end of this year. With that in mind, Below are my questions:
1) Suggestions on switching employers when PD is nearing anytime soon. If I switch to employer B, what if my PD becomes current before employer B I-140 is approved? How long can I wait after my priority date becomes current to file I-485 with employer B I-140?
2) Will there be any issues for H-1B transfer and further H-1B extensions with employer B when the new PERM/I-140 is still under process?
If you have changed employers priority date with the old employer becomes current you could go back and join them, if you have a good explanation why you left them in the first place.
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 been on H-1B for the past 16 years. Recently received my I-485 EAD after downgrading from EB-2 to EB-3. Can I work full time for my own company now in the same field or Do I still need to have an employer, if I am ok to give up H-1 status?
Theoretically at least, the answer is “yes”. The government clearly allows that, but there are a lot of wrinkles. Talk with the lawyer and make sure you understand all the nuances, including employer-employee relationship, genuine job offer etc., and then you can do it. I do not see any reason why you cannot.
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.
My EB-2 was downgraded to EB-3 in Oct 2020 and the attorney marked the amended box ( "To amend a previously filed petition") as checked.
Timeline:
I received the EAD combo card in Dec 2021. Changed the Employer (though transferred H-1) using AC21 after way more than 180 days of pending 485
My PD is June 30, 2012 Now that EB3 is retrogressed and stuck in Jan 2012., I wanted to know
1. If I interfile EB2. Will it be rejected as the amended box was checked when downgraded?
2. If we interfile, will there be an impact on the EB-3, in case they reject it
3. What is the best way now to have both EB-2 and EB-3 run side by side. What is the fastest way to get to GC in my case?
1. First of all you cannot interfile because you are not with that employer who holds your EB-2 I-140. Regarding rejection, you are right.
2. It could be.
3.Have your new employer start a new case. Start from PERM upwards.
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.
What exactly is interfiling?
For all H-1B and H-1B1 petitions received on or after April 1, 2022, USCIS will no longer accept a single, combined fee payment when Form I-539, Application to Extend/Change Nonimmigrant Status; Form I-765, Application for Employment Authorization; or Form I-824, Application for Action on an Approved Application or Petition, is filed together with an H-1B or H-1B1 petition (Form I-129, Petition for a Nonimmigrant Worker). Each of these forms received by USCIS on or after April 1 must have its own fee payment instrument or USCIS will reject the entire package.
Release Date
USCIS has received a sufficient number of petitions needed to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year (FY) 2022.
USCIS has completed sending non-selection notifications to registrants’ online accounts. The status for registrations properly submitted for the FY 2022 H-1B numerical allocations, but that were not selected, will now show:
I am currently working at a company in India. I am eligible to claim Employee Stock Option (ESOPS) on 17th August 2022. However, I will be landing in Dallas, USA on 10th August on F-1 Visa (For Fall 22). The company will still offer those ESOPs, but the official relieving date will be on 17th August. From 9th August onwards till 17th August, I will be on Loss of Pay Leave i.e (unpaid leave). I am worried that situation would create a conflict with my F-1 visa status.
1. I want to know whether this is legal as I will be employed at a company in India for 7 days after arrival in the U.S. on an F-1 visa.
2. Whether this will cause problems in future when I apply for OPT or H-1B or even EB-3 as my previous employment end date is 7 days after arrival in the U.S.?
1. It appears that you are getting a benefit based on the work you have already done. You will NOT be performing any "new" work for the Indian company.
2. I do not see this as an issue.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Discussion Topics
FAQs: Changing profession after receiving Employment Based Green Card || Eligibility for the EB-1A extraordinary ability category || The H-1B remainder option: Calculating recapture of H-1B unused time ||
Release Date
USCIS has received a sufficient number of petitions needed to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year (FY) 2023.
USCIS has completed sending non-selection notifications to registrants’ online accounts. The status for registrations properly submitted for the FY 2023 H-1B numerical allocations, but that were not selected, will now show:
Discussion Topics, Aug 18, 2022
FAQs: Change of employers after H-1B is approved and before October 1; the number of pay stubs required; revocation of H-1B before October 1 || I-140 was approved and then revoked in 2011. Can I keep my priority date and also apply for I-485? What is the deadline for filing I-485? || Impact of alternate wage survey for H-1B LCA; the success rates of H-1B extensions; AC21 rule when the company is bought by a successor-in-interest
Published by: The Times Of India: August 22, 2022
Quotes and Excerpts from Rajiv in the article:
According to Rajiv S Khanna, Managing Attorney at Immigration.com, “There may not be a second H-1B lottery this year. The USCIS has electronically issued several ‘non-selection’ notices, which is a step taken only when there will be no more lotteries.”
For more on this news please see the attachment.
My Wife and Kid have an appointment to get stamped on H4 as i have a valid H1 till Jan2023 and I am in USA. Now I just received a notification that my EAD card is approved for my GC. Will this impact in any way for my Wife and Kid's H4 Stamping?
Your H-1B remains valid as long as you do not use the EAD. Mere approval of an EAD has no impact.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
I had a quick question for you. I worked in the US from 2009 to 2012 on an H-1B visa, left the US in 2012, then came back on a new H-1B visa to work in the US from 2014 to 2017, and then left the US again in 2017. So overall, I didn’t use 3 years on both my H-1B visas. Recently I came to the US on an H-1B visa in mid-2022 using the unused 3 years on my most recent H-1B visa issued in 2014. This H-1B visa expires in mid-2025.
(a) Do I need to leave the US for one year after mid-2025 to be eligible for a new H-1B visa, or am I eligible to apply for a new H-1B visa after mid-2025?
(b) Is it possible for me to recapture unused 3 years on my previous H-1B visa issued in 2009 after my current H-1B status expires in mid-2025?
(c) Is the only way for me to extend my H-1B visa status in the US after mid-2025 is to file for PERM ETA 9089 (pending over a year) or have an approved I-140?
Yes, you need to leave the United States because you have a total of six years. You are using the remainder left on that six years. You should have your ETA 9089 (PERM labor certification) pending for over a year, or have an approved I-140. There is no other way to extend this H-1B.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Q1. After the H-1B COS is approved, how long will I need to work with my current employer before I can file H-1B transfer?
Q2. Do I need permission from my current employer for H-1B transfer?
1. There is no law that requires you to wait a certain number of days before you can apply for a transfer.
2. You can change employers without the first employer's permission. There is absolutely no issue.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.