What happens if your H-1 expires before the PERM audit is cleared by DOL. Are we supposed to leave country. I have 20 months of H-1 life left to reach 6 years and my LABOR is in AUDIT status I am just wondering if I get an extension or will I be checked out of USA.
While a PERM audit or even an appeal against a denial after the audit is pending, you would still be entitled to H-1 extensions beyond six years.
I have been working within the financial industry in New York since past 6 years on H1-B visa. For my GC and H-1B extension, I chose to work with Mr. Khanna and his extremely capable team. In past 6 years, I have worked with different groups of attorneys for immigration visa things a couple of times, I can easily say that Mr. Khanna and his team was the best. Also, I had so many one-off non-standard situations with my visa application, but everything was very pleasantly accomodated and carefully handled by Mr. Khanna's team. There was no mistakes made and their advisement was absolutely spot on. Very very professional indeed. Thank you very much to all the guys who worked on my applications.
Mr. Khanna has sound judgement and deep knowlege about US Immigration laws. He gave me an honest and straightforward answer everytime I've had a complex situation in the past ten years on a range of issues from F1 to H1 to GC. The staff at Mr. Khanna's office is awesome too. They are very efficient and have good templates for most forms.
WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) announced in response to recent stakeholder feedback, that it is currently reviewing its policy on H-1B cap exemptions for non-profit entities that are related to or affiliated with an institution of higher education. Until further guidance is issued, USCIS is temporarily applying interim procedures to H-1B non-profit entity petitions filed with the agency seeking an exemption from the statutory H-1B numerical cap based on an affiliation with or relation to an institution of higher education.
WASHINGTON—In light of the recent earthquakes and tsunami in Japan, U.S. Citizenship and Immigration Services (USCIS) reminds Japanese nationals of certain U.S. immigration benefits available upon request.
USCIS understands that a natural disaster can affect an individual’s ability to establish or maintain lawful immigration status. Temporary relief measures available to eligible nationals of Japan may include:
WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) announced that it will start accepting H-1B petitions subject to the fiscal year (FY) 2012 cap on April 1, 2011. Cases will be considered accepted on the date USCIS receives a properly filed petition for which the correct fee has been submitted; not the date that the petition is postmarked.
U.S. Citizenship and Immigration Services (USCIS) reminded potential applicants of the April 1 deadline to apply for funding under the fiscal year (FY) 2011 Citizenship and Integration Grants Program. Organizations must apply electronically by 11:59 p.m. EDT on April 1 using the application package and instructions available at www.grants.gov.
U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields, such as scientists, engineers, or computer programmers.
USCIS starts accepting H-1B petitions subject to the fiscal year (FY) 2012 cap on April 1, 2011. Cases will be considered accepted on the date USCIS receives a properly filed petition for which the correct fee has been submitted; not the date that the petition is postmarked.
I do not qualify to apply for OPT. I have used my CPT completely by working for my current employer for past 1.5 yrs. They started my H-1B process. My current job (QA Analyst) minimum requirement is Associates degree or 0+ yrs experience. Lawyer came back saying job description should be changed to minimum bachelors or equivalent. I have 16 yrs education from India + MBA from here (April 2011) + 1.5 yrs experience. My employer is not willing to change the job description. Can they ask the lawyer to continue the process with the current job description?
An H-1 can be requested for a job that requires minimally a bachelor's degree. Note that the employer MUST TRUTHFULLY require a degree. If not, you cannot process an H-1.
I am currently on H-1B with a university (cap exempt), working full time (40-hrs/week). An opportunity has come to work part-time for another For-profit institution (not cap exempt), may be for 20 hours or so per week. So my questions are:
Can I apply for a concurrent H1 (For-profit; not cap exempt) whose work load will be additional to my current H1?
Is there a restriction on where the concurrent H-1 sponsor is located in the US?
Does 'Concurrent H-1B' need to go through the yearly quota since it is 'not cap-exempt' in my case?
The last time I checked into this issue, you could apply for a concurrent quota H-1 even though you are currently holding an exempt H-1. Location of the employer is not important, location of the job is.
Our office works regularly and closely with the Law Offices of Rajiv S. Khanna, PC, with both H1B and Permanent Resident applications. We do not have any complaints at all -- our case managers are smart, fast, conscientious, polite, and very pleasant to work with. We treasure them! I myself have worked mainly with Fran Fisher and Heather Riddick, and to a lesser degree with Anna Baker. I don't know how we could speak more highly of them or of Mr. Khanna's law firm. We appreciate them greatly!
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today announced it continues to accept H-1B nonimmigrant petitions that are subject to the fiscal year (FY) 2012 cap. The agency began accepting these petitions on April 1, 2011.
USCIS is monitoring the number of petitions received that count toward the congressionally mandated annual H-1B cap of 65,000 and the 20,000 U.S. master’s degree or higher cap exemption.
Fact "H1Bs cannot do their own business in US". So checking the legal limit with below scenarios.
1. Can a H1b, while working for H1 employer, work for non US employer using options like work from home or other internet technologies and earn in their local currency without further documentation?
2. Does anything changes if the non US employer has clients in US and the person in above position actually work with those clients under the payroll of non US based organization?
3. Does it cross the legal H1B limit if we assume the H1b person in scenario 1 and 2 is also the owner of non US company and earns in local currency not USD?
1. In my view, no.
2. No. The critical thing is that the work is being performed on US soil.
3. I believe this too would be illegal under immigration laws.
These Questions & Answers address the automatic extension of F-1 student status in the United States for certain students with pending or approved H-1B petitions (indicating a request for change of status from F-1 to H-1B) for an employment start date of October 1, 2011 under the Fiscal Year (FY) 2012 H-1B cap.
Exemplary, professional input; assessable and candid on interaction. Professional without being commerical, knowledgeable and willing to find out more as necessary. I feel in good competent hands with immigration issues.
I am currently on OPT, expiring on 23 May 11. I am currently working but my current employer is not willing to file for my visa and I am unable to find an employer who can file for H1B. I have following questions:
1) If I am not able to find a company-how much time ahead of my visa expiration I will have to file for H4?
2) How difficult it is for an employer file for H1 from H1 and what is the process?
3) If I have to travel out of country before the OPT expiration-do I need to have another visa approved to re enter before my OPT expiration?
1. Your H-4 application must reach USCIS before expiration of your OPT (although it could be argued that you have an extra 60 days, but I stay away from having to argue).
2. No different than filing a new H-1.
3. You could have a difficult time entering if cutting too close the end, although, legally you are entitled to it as long as you have a job in your field that you have been performing on your OPT.
I would highly recommend the Law Offices of Rajiv S. Khanna!!
They are extremely professional, methodical, thorough, and value for money because they get the job done!!
I was on a B1 visa originally and my H1B was approved but I did not receive the document. When I finally did after a year, there was no I-94. I had overstayed in the US and it was a totally mess because of a number of bad advices.
At that stage, I contacted the Law Offices of Rajiv S. Khanna. I got excellent service considering the fact that everything was done over the phone and via email. It was a pleasure to have had the services of Rajiv S. Khanna, Jitesh Malik, Anna Baker and Rena Waddell.
I thank them sincerely for resolving my issue.
How long is it taking for K-3 visa to get approved? If we moved the wedding to Jan 31st, is there a chance to get K-3 approved by July 31st? My sister's fiance is in India. She lives in Philadelphia (Vermont service center). I also hear K-3 is getting closed automatically because I-130 is approved. Is this true?
Once the I-130 is approved and consulate is notified of the approval, they will not issue a K-3. They expect us to wait for the green card approval.
I have filed for an Extension in the month of August'2010 as my Visa expires on Sep1'2010. I have not received anything yet. The Status is still in initial review. I have plans to go to India on Jan28. Should I convert to Premium now or shall I wait. My Case is with California?
Personally, I have seen no correlation between premium processing and increased RFE's.
Fran Fisher and Anna Baker were very dedicated to insuring that this sensitive issue was processed diligently. Follow up was constant, insuring that nothing was left undone.
A big thanks to Rajiv and his excellent team including Mathew, Heather, Mark, Anna, Rena and everyone else who touched my case over the past five years. Thank you for sharing my pain when I was waiting (sometimes impatiently) for the Green Card and for responding to all my questions (of which there have been many) as I tried to understand the options available to me through the green card process as well as all the H1B renewals.
Rajiv, thank you also for the phone consultations as they have helped my decisions during crucial moments in my career.
Rajiv has an excellent team in Mathew & Heather. They are very knowledgeable, proactive & understanding. They would call me at home with an update. I highly recommend Rajiv and his team of Mathew & Heather as your case managers
Jan. 27, 2011
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2011. USCIS is notifying the public that yesterday, Jan. 26, 2011, is the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in FY2011.
During my immigration processing, I have dealt with many immigration lawyers with rather disappointing results. The Law Offices of Rajiv S. Khanna stand out in many ways for their professionalism, quality of customer service, promptness of business, profound legal knowledge and expertise, and above all, professional ethics. My case was complicated - I had an I 751 petition denied for lack of supporting evidence and did not have my US Citizen husband's support. So I wanted to get an H1 visa to be able to stay in the country. Mr. Khanna and his team members really helped me with my case by giving me a very sound advise. I found several differential advantages of Mr. Khanna and his team members: They were able to grasp and line up all the facts of my case with no confusion or room for interpretation. The did legal research for my case before giving me legal advise and BEFORE deciding whether to take my case or not. So they do not waste their clients' money. The work that they performed on my case was done very promptly without leaving me up in the air waiting for the results. The work that they did for me left me confident that I got the best legal help available on my case, which is very important as dealing with USCIS and Immigration lawyers can be very frustrating. Overall, Mr. Khanna and his team members saved me time, money, frustration, trouble, stress, and made working with them an enjoyable experience.
Mr. Khanna proved to be the best lawyer I had to deal with. I highly recommend the Law Offices of Rajiv S. Khanna to everyone without any doubts. I hope I will not sound too strong if I say - if there's anything that can be done on complicated immigration cases, Mr. Khanna and his team will do the best job for the best value with professionalism, honesty, ethics, and integrity that makes them markedly stand out amongst the immigration lawyers. If I ever need any legal help for my immigration, I will not go to any other place.