Notice of FY 2025 H-1B Cap Initial Registration Selection Process Completion and Cap Season Reminders
Release Date:
04/01/2024
H-1B Initial Electronic Registration Selection Process Completed
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March 30, 2024, Rajiv in QnA session on behalf of students, young professionals
Immigration.com
Nonimmigrant Visas
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
H-1B for Recruiter Position
A recruiting firm for accountants retained our services to file an H-1B petition for a recruiter. Typically, it is difficult to justify that the position of a recruiter qualifies as an H-1B level occupation. Our petition to USCIS argued, however, that even though recruiters do not generally qualify as a specialty level occupation, the present case is different because the beneficiary will be hired as an International Accounting/Finance Recruiter.
Nonimmigrant Visas
Profession/Occupation
Guestbook Entry for Navin Gunalan, United States
Name
Navin Gunalan
Country
United States
State
Virginia
Unemployment Benefits for H-1, H-4 + EAD Holders with Previous H-1B Employment
Question details
Can someone in H4 + EAD status receive unemployment benefits if they only worked on H1b status? Would receiving such benefits be considered a public charge or have any other negative impact down the road?
FAQ Transcript
Unemployment benefits in the US vary by state and can be complex. If you are an H1B visa holder who has been laid off, you may be eligible for benefits during your 60-day grace period, but it's important to confirm with your state's unemployment office. Regardless of your visa situation, it's important to remember that unemployment benefits are considered an earned benefit funded by your employer's contributions, so there's no public charge concern. Always check with your state's unemployment office for specific requirements and the application process.
Guestbook Entry for Siva K, United States
Name
Siva K
Country
United States
State
Minnesota
Guestbook Entry for A Singh, United States
Name
A Singh
Country
United States
State
OK
Guestbook Entry for Ishtmeet Singh, United States
Name
Ishtmeet Singh
Country
United States
State
OR
Recording for April 11, 2024 Conference Call with Rajiv S. Khanna
Immigration.com
Green Card
Discussion Topics:
April 13, 2024, Rajiv in QnA session on behalf of students, young professionals
Immigration.com
Nonimmigrant Visas
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
Guestbook Entry for Veronica Jackson, HR Director DataStaff, Inc., United States
Name
Veronica Jackson, HR Director DataStaff, Inc.
Country
United States
State
North Carolina
Guestbook Entry for Arpita Kohli, United States
Name
Arpita Kohli
Country
United States
State
NJ
Guestbook Entry for Rajendra, United States
Name
Rajendra
Country
United States
State
Texas
Recording for April 25, 2024 Conference Call with Rajiv S. Khanna
Immigration.com
Nonimmigrant Visas
Green Card
FAQs:
1) H-1B lottery layoff before start, Automatic status change, Multiple filings, and Traveling
2) Layoff during Self-NIW application, changing jobs with NIW not yet filed, pending, or approved
3) What is Cap Gap extension? How does it work?
4)Is it COS to change from cap-exempt H-1B to cap H-1B?
Prevailing Wage Determinations - Update
The Office of Foreign Labor Certification is providing this update to the public on its plans for becoming current on issuing prevailing wage determinations:
PERM: Week of October 23, 2011
H-1B: Week of November 6, 2011
H-2B: Week of December 18, 2011
USCIS Updates for the Fiscal Year 2025 H-1B Cap Registration Process
U.S. Citizenship and Immigration Services announced on April 1, 2024, that USCIS received enough electronic registrations during the initial registration period to reach the fiscal year (FY) 2025 H-1B numerical allocations (H-1B cap), including the advanced degree exemption, also known as the master’s cap.
Guestbook Entry for Venkata Thadiboyina, United States
Name
Venkata Thadiboyina
Country
United States
State
PA
Guestbook Entry for Poolsingh, United States
Name
Poolsingh
Country
United States
State
IL
Options when H-1B project is canceled
Question details
Scenario: Currently working for company A. Company B has filed H1B petition and gotten approval for Oct 1st start date. Unfortunately, Project with company B goes away before Oct 1 and company B doesn't revoke my visa before Oct 1st.
1) Since I will automatically move to H1B on Oct 1st and I don't have that project anymore, can I continue to work for my current employer using the new H1B visa? (What options I have if I want to use the new H1B visa and work for the same employer?)
2) In the same case, will company A be notified about my new H1B visa on Oct 1st?
3) Will company A have to rehire me for H-1B transfer? or can I continue to work with them while the transfer is pending?
4) How would it work if I find a new project through a new company C? Would they need to file for H-1B transfer as well ?
5) What info can USCIS ask for H-1B transfer in that case? What sort of RFEs may come up?
FAQ Transcript
You can't work for your current employer (Company A) on the new H-1B. File an H-1B transfer to Company A. USCIS won't notify them. Consider a lawyer consultation to possibly keep working at A while the transfer is pending.
Procedure to recapture H-1B/L-1 time outside the U.S.
Question details
During the last three years on H-1B, I have spent approximately one year outside of the US (multiple visits to India). What is the procedure to recapture that time and add it back to my H-1B total time?
FAQ Transcript
You can recapture your H-1B time (one year) by requesting it during your next extension application. There's no deadline, and you might even recapture a full year if you exceed six months out. Documentation like passport stamps is needed.
USCIS Memo on Maximum Period of Stay for R-1 Nonimmigrants
This memorandum provides instruction to Immigration Service Officers who adjudicate R-1 nonimmigrant petitions for aliens who are coming to the United States temporarily to perform religious work, and their dependents. This memorandum outlines the procedure to be used for recapturing time spent outside the United States by R-1 nonimmigrants when seeking an extension of their R nonimmigrant status.
Please check the attachment to read memo.
Guestbook Entry for Atul Kumar, United States
Name
Atul Kumar
Country
United States
State
Virginia