We successfully assisted a new client in filing an E-2 visa extension. The applicant was a national of a treaty country and was the 100% shareholder of the U.S. enterprise. Through extensive documentation, including contracts, invoices, financial statements, and detailed explanations of the evidence, we were able to show that the U.S.
Release Date
U.S. Citizenship and Immigration Services is updating guidance in the USCIS Policy Manual to address the documentation that certain E and L nonimmigrant spouses may use as evidence of employment authorization based on their nonimmigrant status.
We assisted our client in filing an E-2 change of status application for treaty investor. USCIS issued an RFE requesting information to determine if petitioner met the general requirements for E-2 Treaty Investor, without specifying in the RFE which specific information was missing. The RFE also requested information about a prior filed EB-5 petition, and questioned whether the client was maintaining current nonimmigrant status.
Hello Rajiv, I recently got layoff from my employer but I was lucky enough to get selected for the H-1B lottery. The bad thing is that they still haven't submitted my H-1B petition yet. I am wondering if I have an offer from a different/new employer, will they be able to file the H-1B petition for me?
Unfortunately, lottery selection cannot be transferred to another employer. If the H-1B is approved and not withdrawn before October 1, it can be transferred.
---------------------------------------
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 am a student on F-1 and will be graduating by December 2022. Company A is willing to apply for an H-1B for me this year. I am interviewing with other companies, and I am planning to drop company A as soon as I graduate
1. If I am selected in the lottery and haven't done a change of status, can I continue on F-1 OPT with the other company (not Company A), after graduation?
2. Can Company A retract my H-1B if I leave them?
3. Being on F-1 can Company A start my green card if I win the H-1B lottery?
1. If you file it as a consular processing you can continue working on F-1OPT for that company or another company.
2. Absolutely.
3. That depends upon which country you were born in. If you were born in India that's not such a great deal.
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.
1. I am a F-1 student graduating in May 2021. An employer "X" wants to e-register me for the H1B lottery and I am hoping for a better offer from employer "Y". Suppose I got selected in the H1B lottery filed by "X". Can I start working for employer "Y"? What are my options to work for employer "Y"?
2. Can employer "Y" file my H1B petition even though I was registered in the lottery by "X"?
3. Can I ask "X" to not file an H1B petition after winning the lottery and use F1-opt as work authorization?
4. I am also applying for F1-OPT. Can I use my F1-opt to work till September for "Y" and then use H1B in October to work for "Y" while it was filed by employer "X"? I believe "X" would send an H1B petition with change of status.
1. As long as you have your OPT you can work for any employer.
2. No.
3. Absolutely you can.
4.Yes, absolutely you can.
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 question to related to H1B revocation and Cap exemption.
I am based in India and have never traveled to the US. Back in 2014, Employer A filed H1B for me. It got picked in the lottery, got approved for 3 years till August 2017. When I went for Visa stamping at Chennai consulate, I was given 221g and the case was sent back to USCIS and it got revoked in August 2017. ( about 3 years later of my H1B Approval)
Now I have an employer B who is ready to sponsor H1B. Am I eligible for cap exempt or should i go through the regular CAP quota? Earlier H1B can be used and transferred to my new employer?
If an H-1B is revoked it gives you no benefit. You are back in quota. The moment it is revoked you have no benefit from that at all and if there is any kind of fraud allegation against you, you cannot come back to the United States at all. That's the permanent bar from entering the U.S with very few exemptions.
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.
Subscribe to our YouTube channel for the latest immigration updates in Biden Administration
The URL for the channel is:
http://youtube.com/immigrationdotcom
Discussion Topics:
Published by: The Economic Times - Date: January 07, 2021
Synopsis
Subscribe to our YouTube channel for the latest immigration updates in Biden Administration
The URL for the channel is:
http://youtube.com/immigrationdotcom
Hi Rajiv ji, This is Harsh. I work for an employer A on STEM OPT. They registered me for the h1b lottery but it didn't get picked up. But I also had another offer from other employer B they also registered me for the h1b lottery and it got picked up and they have filed my h1b case and it's approved now. Can I transfer my h1b to employer A now before October 1 ? Please let me know
If the employer who filed your H1B revokes it before October 1, the current thinking of the USCIS is that you have lost your place in the lottery.
---------------------------------------
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.
Published by: The Economic Times - Date: March 03, 2021
We have just received our first H-1 quota receipt notice. That indicates the H-1 lottery is concluded.
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.
FAQ: What happens to H-1B after Green Card approval? || OPT eligibility requirements, F-1 status for one academic year, and Change of Status or visa stamping from back to H-4 || PERM issues for a green card for remote jobs - headquarters || Can an H-1B visa holder rent via Airbnb? Is this a violation of status? || How long does it take from PERM to Green Card, and difference between NIW and PERM Labor Certification? || Applying for E-2 Visa with a pending family-based Green Card; who can be the main applicant for an E-2 visa? ||
We are looking to apply for an E2 visa being Canadian Citizens born in India. Seeking your advice on a couple of questions- we have pending F3 status immigration with a 2011 priority date, can the primary applicant on the E2 application be my wife, who is also the primary applicant on F3 immigration? Would you recommend going through consular processing or an adjustment of status for my wife, considering we have a pending immigration file?
In my opinion that can be done because the E-2 visa is kind of a dual intent visa. It allows you to have a green card pending as long as you have no intention to violate U.S immigration laws and you have the intention to go back to your home country if required.
Release Date
U.S. Citizenship and Immigration Services (USCIS) is providing information for nonimmigrant workers whose employment has terminated, either voluntarily or involuntarily. These workers may have several options for remaining in the United States in a period of authorized stay based on existing rules and regulations.
Hi Rajiv Sir, I am on H-1B visa. But I was laid off. Due to some personal reasons, I need to go to India for 6 months. Can I apply for a job from India? And will the visa still be valid for obtaining work in the US?
You can apply for a job from anywhere. If you are offered a position, you can start working remotely while the new employer applies for your H-1B transfer.
My spouse is on H4 EAD, and I'm on H1B. Can she start an LLC and apply for a concurrent H1B for me so I can do two jobs? Please let me know if this is legally possible. Any dangers associated with it?
Sure why not as long as you are truthful with the government. Concurrent H-1Bs do not require Lottery again.
Discussion Topics:
FAQs: H-1B visa cap exemption - How does the 6-year rule work? || Will having EAD cards or petition approvals with gaps in the start and end date cause an issue?|| H-1B visa layoff options - Going to home country and applying for jobs, going through the lottery again, documents required to apply for a new visa to explain missing pay stubs and the contents of the documentation for termination contract sent by the company to the USCIS
Mr.khanna and his team is really super,they are very professional and always commited to provide high quality services to their clients.I am so happy to get my E-2 visa within 6 days via premium process.I would highly recommend Mr. khanna's consultation blindly to everyone,those who need to solve immigration problem without having any difficulty.
Thanks Mr.Khanna,Ms.Anna,Ms Savita for great work!!!!!!.
Vinod Kumar