I would like to thank and congratulate for great work done by Mr. Khanna and team. My father stays in USA on B2 visa and as per guideline he cannot stay here for more than 6 months in a financial year. My father is having ill health and my mother is no more. I am completely responsible to take care of him. With the help of Mr. Khanna, We applied B2 Visa extension for my father second time and it got approved again. Otherwise, we all would have to go back to India. Peace of mind. I have received the approval notice. I really appreciate friendly and professional behavior of all team member I had interaction with. Whenever I had any query, it was resolved immediately. I strongly recommend Mr. Khanna for all immigration related matters. Thanks Again.
I have an approved I-140 with priority date 2013 from employer A and my employer A is withdrawing it. I am going to apply I-140 with employer B now in regular processing and also porting the date. I will complete my 6 years of H-1 end of the year. Will I still be eligible for 3 years of H-1 extension with my approved I-140 from employer A?
Watch Video on this view FAQ: The new regulations, withdrawal of I-140, H-1 extensions
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.
I am working on H-1B. The job will end in a few weeks. What are the implications of the "60 day grace period" rule that has been created recently?
Watch the Video on this FAQ: How does H-1 60 day grace period work?
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.
My H-1B visa is going to expire in 01-Jan-2018 and if my employer submits my PERM application in the month of June (i.e. before 6 months of my current 6 years of H-1B visa duration).<br>
1) If my PERM gets approved before my current H-1B visa expires (i.e. before 01-Jan-2018).<br>
Would I be eligible for a H1B extension for 1 year since my PERM was approved before the current H-1B expiration?<br>
2) If my PERM gets approved after my current H-1B expires can my employer file for H1B extension of 1 year since my PERM is approved now.<br>
3) If my PERM is not approved before my current H-1B visa expires.<br>
Would I need to go back to India?<br>
4) I spent about 2 months (on vacation) in India. Can these 2 months be added back to my current H-1B visa? or this can only be added if my current employer files for my green card?
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.
I have my H-1 extension till 2020. I recently visited India and got visa stamped 2020 as well but while coming back as my passport validity was till Feb 2018 - I got the I94 till Feb 2018. How do I extend my I-94?
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.
It gives me great pleasure to share my experience with Mr.Khanna and his courteous staff pertaining to my H1B and Green card processing. A majority of the immigration community thinks of Immigration lawyers as notorious for not returning the calls, not communicating with their clients regarding the progress of the case and not filing the petitions properly, Mr.Khanna and his staff completely eliminates this notion.At Mr.Khanna's office the emphasis is more on the Customer Service. You think I am exaggerating, but I have spoken and corresponded with lot of his staff members regarding my Green Card and H1B petitions and their attitude, their professionalism, their respect towards the clients is so conspicuously similar that you almost think that you are talking to the same person. Mr.Khanna and his staff have successfully filed my H1B and Green Card and at every step they have contacted me via E-mail and by phone.It is very comforting to get to know the progress of your case at every step contrary to having been left out in the dark, which lot of other firms do. My 7th year H1B extension has been approved and I am at the I-140 stage in my GC. The bottom line is if you are not with Mr.Khanna THEN YOU DON'T KNOW WHAT YOU ARE MISSING. Albeit all the staff members are courteous and very professional, I would like to specifically thank Ms.Shivane Sharma, Ms.Ursual Jara-Elouaddane, Ms.Sirisha Durgam, Ms.Rena Waddel, Ms.Charu Bhagat, Ms.Suman Bhasin Keep up the good work Mr.Khanna and thank you for serving the immigration community.
As usual, RK & Co. has done excellent job helping get my H1 extension. It was done professionally and expeditiously. The extension was approved without any problem. Good job!
I heard your community conference call for 1st December, you mentioned that even though the approved I-140 is withdrawn by a previous employer after 180 days of approval we should still eligible for H1 extensions with a new employer.
My question here: is it required that new employer need to file labor and I-140 in order to apply for extensions or can I just keep on applying for H1B extensions based on my first I-140 approval?
You can keep applying for H-1B extensions based upon a valid I-140 approval from an old employer. The new employer does not have to file. But if you want to get a green card, some employer will have to restart the process.
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.
Great advice on my case by Mr. Khanna
I had a trickery situation where I was
1. Changing my employer while being on H1B,
2. Moving out of country to assume my PR status in Canada, and
3. Wanted to work for my new company in US by frequently traveling back and forth from Canada.
Mr Khanna provided the correct advice of going for an H1B transfer instead of having a business (visitor) visa and since then, it has been a very smooth ride.
He helped us file for the transfer as well as my wife's H4 extension. His staff is also very courteous and helped us meet a tricky timeline during my transfer even though that meant working over time for them.
I have no doubt that Mr. Khanna is one of the very best immigration lawyers in US and I highly recommend him for his services.
My H-4 visa extension has been approved, I mean the USCIS has sent me an approval notice with the I-94 record card. Now it clearly says, this is not a visa. What do I need to do in order to travel to India, do I have to go to a US consulate here, to get a visa stamped in my passport, because in order to travel through Europe we need a valid US Visa or travel through Dubai , which doesn't require any visa, and then get stamped in the US consulate while coming back? I am confused and do not know what is the next step after approval notice. By the way my spouse H-1B visa was also extended while in US by the Employer. But, my spouse hasn't gone out for visa stamping yet, will this effect my visa stamping?
When you travel abroad, in order to return to the USA, you must first obtain a visa stamp from a US consulate in (any) country that you are visiting. Check the consulate web site to make an appointment and what documents you should bring for H-4 visa stamping. H-1B visa stamp is usually not a precondition to H-4 visa.
I had applied for H-1B extension on May 15, 2015 with I-94 card expiring on Aug 29,2015. Due to some emergency, I traveled to India in June and returned in July with new I-94 card expiring on Nov 2015. Now, it's been 6 months that I applied for extension, no response from USCIS. Will there be any problem since I filed my H-1B extension with old I-94. Do we need to amend my case with new I-94 card?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
My H-4 to F-1 is approved on October 08 2015. My Spouse Employer filed H-4 extension for me which is currently in Process. We sent this H-4 withdraw letter and it has been reached USCIS (Vermont Service Center) on Oct 13th 2015. Could you please let us know approx when do USCIS withdraw this H-4 extension?. If by mistake USCIS approves this H-4 Extension, can we fight with USCIS to withdraw this H-4 extension?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
Rajiv S. Khanna's office was very thorough, professional, and most importantly responsive. We worked with Rena Waddell. She was very easy to work with and knowledgeable. We will definitely use this office for any other immigration issues. Elyse Lazerwitz
Below are questions I have on the H-1B Amendment and H-1B transfer being filed almost at the same time with little gap with USCIS for the same person. The H-1B Amendment is in light of the new H-1B regulation that has been mandated by USCIS when there is a significant change in the Job Location of the beneficiary from the address mentioned in the initial Petition from the employer which was approved initially.<p>
1. Does the USCIS Last action rule apply in case of the below 2 being applied almost at the same time for the same beneficiary?<br>
a) H-1B Amendment with Current Employer<br>
b) H-1B Transfer to New employer while H1B Amendment is pending with Current Employer.<br>
2. If the answer for the above is 'Yes', then incase the H-1B Amendment Approval comes after the H-1B Transfer would the H-1B transfer to the new employer that was approved earlier be automatically nullified?<br>
3. If the answer for #2 above is 'Yes' Is there any way to request USCIS to consider the H-1B Transfer approval to new employer as the primary incase that get approved earlier and avoid the H-1B amendment to dictate the latest H-1B for a given employer? (I believe we can request USCIS to withdraw/cancel the Amendment but is this something that the new employer/employee can do or only the existing employer who was filed for H-1B amendment has the authority to request any cancellation/withdrawal of the H-1B amendment?)<br>
4. Also does the current suspension of H-1B premium processing apply even for the H-1B transfers (with a new extension for 3 Years) or is it only for new H-1B extensions of Petitions from the current employer?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
I am currently on H-1B(Valid till Sep 2018) with approved I-140 for Company A and spouse has H-4 EAD (valid till Sep 2018). My question is, if I switch my job to a company B. Can my spouse continue working with the current H-4 EAD (which is valid till sep 2018)?Will it cause any issue during next H-4/EAD extension?
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.
Hi Mr Khanna ,
I am highly thankful to you to take my father's case of B-2 visa extension which is just got approved. I appreciate your business. You team is excellent and very helpful. I got all my queries answered timely and a very good manner. Now I will be in touch with you for further extensions and any other case. Also, I will suggest your name for my near and dear.
Thanks again Regards Deepak Kumar Gupta
My dependents visa stamp on passport expires on Sept 1st 2017 and have valid I-94 till Sept 1st 2017 and this was with the previous employer A I worked for. I moved to a different employer B a year back and haven't filed H4 for dependents with employer B as it was not necessary. Now if my dependents travel to India prior to Sept 1st 2017, do I still need to file for H4 extension or is it good if they attend the interview at consulate in India and get visa stamped on passport without H4 extension using my approved I-797 (till 2019) with employer B.
Watch Video on this FAQ: Does H-4 require a prior USCIS approval for visa stamping?
Video Transcription
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.
I am currently working on H1B visa, My current visa stamping is via my previous employer (Employer A) and valid till September 2017 and my I-797 is via my current employer (Employer B) ,its valid till August 2018.
I have few queries regarding my new H1B visa stamping and I-94. <br>
1. Can I get my visa stamped in CANADA or any other country nearby to USA without revisiting INDIA.<br>
2. Am I eligible for drop box option for my new stamping as my current stamping is via my previous employer.
<br>
3. I can see also my I-94 expiring is September 2017. Do I need to reach out to USCIS to update it, in order to maintain my status.
Watch the Video on this FAQ: H-1B visa stamping in Canada or Mexico; importance of I-94
Video Transcript
1. You can get your visa stamped in any country which is called Third Country National (TCN) processing. It is a good idea to check with them beforehand. Sometimes if they have too much of a workload, especially in Mexico they might temporarily stop taking TCN's.
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.
I went to the US in May 2014 on H1-B working for Employer A. In Feb 2016, I moved to work for Employer B (small US based company, on other offices) with H1-B transfer receipt.
The new job was remote work, so I started working from home for Employer B. I received RFE in April 2016 and I went to India the same month. While I was in India, the transfer got approved in June 2016 and I came back to the US with the approval notice as proof. My visa was getting expired in Sep 2016, so extension was filed with Employer B. The extension also got approved after RFE and extended till Sep 2019. <br>
Current Situation:<br>
Now, I came to India in Jan 2017 for my marriage. I went for visa stamping in Delhi with my wife (for H4) in Feb 2017. The visa officer asked me about my Role, client, and other common questions which I answered correctly. VO then collected my documents (I-129, client letter etc) and handed me 221(g) letter saying that he needs some time to review the documents. We left the embassy and the wait started.
In March 2017, I received an email from embassy asking for the latest LCA which I promptly provided.
After that there was no response for a few months, and I started working from India in US hours. Since my employer is a small company, they did not hire any attorney and did the processing themselves. They also did not seem to put any effort to expedite or help the process.
In July 2017 (after 5 months), I received a call to collect the passport. On collecting the passport, the stamping was not done and I received a letter stating that my stamping is being refused and visa is sent to consulate for revocation.
This came as a shock. I notified my employer, they were disappointed and did not know what can be done about this case. When I enquired, they said they don't want to spend more resources on this case and are fine with me continue working from India (reduced salary).
<br>1. Is it possible to have the case reconsidered and to know the exact reason for refusal? If yes, how would I go about it without the support of my employer?<br>
2. If this is only for stamping, how long will my extended visa be valid? Can I try the stamping again with this employer or find a new employer from India and use the same visa with them?<br>
3. What happens to my assets (personal stuff, bank accounts, etc) in US?<br>
4. If I can legally work for the same employer, how does it affect my taxes? Do I now pay taxes in India and in US both? Since when I can be considered liable to pay tax in India (when I came to India or stamping refusal date etc)?
Video Transcript
1. Not until a notice of intent to revoke is sent.
2. This case is going back to USCIS.
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.
Example Scenario: H1-B EB3. Candidate is in US for 10 years and extending his H1-B using approved I-140.<br>
If a Candidate’s Priority Date is Current can the Candidate file I-485 after 4 years of the Priority Date being Current? Is it allowed without problems?
Is there any specific limitation on the timing of filing (like I-485 should be filed within a specific time period after the priority date becoming current)
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.
1. My H1B is valid until 23-Aug'18. I am planning to submit visa extension request on Mar'18. let's assume if USCIS reject my extension request in Apr'18, then, in that case, can I stay till 23-Aug'18 as per initial approval or rejection will supersede and I have to level immediately (within 60 days of time from denial date)<br>
2. Does H-1B extension denial invalidate an existing H-1B?
Watch the Video on this FAQ: Does H-1B extension denial invalidate an existing H-1B?
Video Transcript
1.Yes. The previously approved extension does not go away. The only way that can go away is if the government separately issues a notice of intent to revoke, gives you notice and a chance to respond and then denies.
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.
On 10-Mar-2017 I completed my 5th year on H-1B visa. I changed my job and joined my current employer on 01-Feb-2017 (after receiving the H-1B receipt number) while my H1B petition was being processed at USCIS.In the meantime, my employer filed my GC PERM application on 01-Mar-2017 while my H1B was still in process at USCIS.I got a RFE on my H1B application and while responding to the RFE my employer requested for 2 years of H-1B visa instead of 1 year i.e. 1 year for the 6th year on H1B and another year extension as my PERM application was filed and pending.
Watch Video on this FAQ: Effect of revocation of PERM on an already approved H-1 extension
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.
My H1 Extension is in progress since Apr 2018. My 240 day work authorization period is expiring on Jan 15th. My employer will put me on Loss of Pay after that. My questions are :<br>
1). If I plan to wait for a decision on H1 extension, will I go out of status after Jan 15th and be staying illegally ?<br>
2). I have approved I140. Can I go back to India and apply H1 extension from there (in case this extn gets rejected), will this be considered cap exempt ?
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.
My wife's I-140 was approved and I was also on her I-140. My non-profit employer also filed my PERM and is pending with USICS. If I have to switch employers before my I-140 approval and pending 180 days, I am assuming that my new employer would have to file my GC all over again. Given that I was on my wife's I-140, will I be eligible for H1 extensions after my 6yr period if I don't have my own I-140?
Also, can I change employers and my job roles once I have my I-140 approved and pending for 180 days?
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.
Dear Rajiv I am very much delighted to say that I received my Employment based permanent residency status last week. Hats off to you and your excellent team for having done this for me within 19 months. I never ever dreamed that I would get this status within such a short time. Throughout this period I never had a feeling that your office is somewhere hundreds of miles away as I got all the work done electronically within minutes, which would not have been possible even if I had an Attorney’s office in my neighborhood. I highly appreciate the excellent work, responsibility and the best & fastest communication delivered by you & your team. Also, kindly accept our heartfelt thanks for maintaining such a wonderful web site IMMIGRATION.COM, which is the best site I ever used to obtain real immigration related experiences & information. Please convey my wishes and thanks to Subha, Shivane, Leila and all others who did a splendid job related to my Green card and Sirisha, Charu & Rena related to my H1B renewal. GOD BLESS YOU AND YOUR TEAM. Thanks again. MT