My 6 year period of H1b visa expires in Dec 2010 and my labor application is still pending for approval. It was filed in February 2009. Am I eligible to apply for a visa extension , if so when should I apply for that? I assume I still have time. Pls let me know.
I have responded on my blog: http://forums.immigration.com/blog.php?b=214
I stayed in US on H1b from 2013-18, almost 5 years and went back to India. In 2020(after 1 year of cooling period), my employer has filed new application for H1B and lottery got selected in 2020.
I got my visa stamped in April 2021 with a validity till 2023.Because of new location & salary mismatch, I had to file the amendment and this time I got the approval for next 9 months only till March 2022.
On further enquiry with my employer's immigration team, I came to know that USCIS has used the remaining 9 months on the first H1B. My queries are:
1. Does it mean I will be allowed around 7 consecutive years of stay in US( 9 months on older visa plus 6 years on new visa) or I need to come back to India and serve 1 year of cooling period after spending 9 months ?
2. Will my new visa be applicable once I spend 9 months of time in US?
3. Is there a way I can opt to take approval duration on the current visa only?
The USCIS had made a mistake and they should give you the entire six years. So your H-1 should be approved for three years and not for nine months. Your lawyer should reach out to them and say you are entitled to the three years.
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My parents are in Kenya and do business there. I want to have them shift to the states and do business here. Can my parents start a subway franschise on an L1 visa? My father owns supermarkets and a mall in kenya. I was wondering if he could get an L1 visa and start business here. What options does he have?
Can we start a fast food joint based on an L1 visa as well? Also, I would like to mention that my parents would like to keep the business in Kenya to continue and they would want to travel between the US and Kenya.
L-1 visas have progressively become more difficult for smaller companies. But I think it my be worth a try.
USCIS comment request on a draft Request for Evidence (RFE) template on Form I-129 L-1 Intracompany Transferees’ qualifying relationship of ownership and control, and evidence of doing business.
Please check the attachment to see the USCIS draft.
My employer applied PERM (in 6th year) in October 2011 EB-2 Category and it picked for random audit in Jan 2012, employer asked me to send signed ETA form to respond to Audit question with in 2 weeks. They said its random computer audit and has to respond with paper documents. I am already in 6th yr and my H-1 get expired by May 22, 2012 is it possible to go for H-1 extension beyond 6th year while PERM is still in Audit status.
You will be eligible for H-1 extension beginning October 2012, even if PERM is pending audit or not.
Rajiv Khanna law firm did excellent job for my wife and my son H4 extension case. Rena Wadell assist and help us preparing the application and finally we got approval letter in 3 weeks. Thanks for your excellent service.
We had a case with our employee where his H1 extension was denied. We had very little time to apply for a new extension before his earlier H1 expired. Rajiv Khanna assured us that he will get the H1 for our employee. All the team members at Rajiv Khanna's law offices were very helpful and got the application submitted in 2 days. The employee received his H1 approval in record time. Thanks a lot for all your efforts and help. We highly recommend Law Offices of Rajiv Khanna for all your immigration needs.
This report contains information on the Victims of Trafficking (T visa) applications and the Victims of Crime (U visa) petitions. The number of receipts, approvals, denials, and pending cases are displayed by fiscal year and by office.
Their 24-hour turnaround time no matter what the issue is the most refreshing customer experience service you can get. I am really glad to have them dealing with my immigration & non-immigration matters. Thank you.
If you will ask me what is the definition of the word HOPE, the first thing that I will definitely remember in my lifetime is Atty. Rajiv. I have asked numerous lawyers who can fix my case which was messed up by incompetent lawyers and they all told me the same thing, HOPELESS[b].[/b] Atty. Rajiv and his team, specifically Atty. Jagbir, literally saved my family's future! We have been subjected to a 10-year bar but because of Atty. Rajiv's ingenuity, we were able to escape the impossible. He is a[b] [/b]miracle worker. No adjective could ever describe the way we feel right now. We were finally granted our extension of stay which had been countlessly denied. His staff were very kind and accomodating, they were able to understand what we were going through at that time that they were very sensitive in answering all emails, calls and questions that I had. We are now in the process of filing our greencard and I am very optimistic that everything will now run smoothly since Atty. Rajiv is our "superlawyer". I have learned my lesson, no one could ever have done it best but Atty. Rajiv. My heartfelt gratitude to you and your staff! God bless all of you!!
My H-1 extension with the current employer is applied and is pending. My current H1 expires on 25th. If I apply for a transfer to another employer after 25th Sept., then is it necessary to have approved both extension and transfer in order to work with new employer, because I file transfer after my expiration of current H1?
If, by the time your second H-1 is approved, the first H-1 is not, USCIS can approve the second H-1 only without an I-94.
I got my H1B in Feb 2005 however never entered the country for first 22 months as I did not get an opportunity to visit my company here in US. Eventually I came here in Jan 2007. When does my 6 year period start? Feb of 2005 or when I first entered the US in Jan 2007?
H-1 starts on the date you ENTER USA.
I received my H1B Extension as well as my wife’s extension of stay with Rena Waddell, Law Offices of Rajiv S. Khanna, P.C. Rena Waddell is an expert on immigration laws and we never got any problem or incompletion about the paperwork done under her supervision. She is very co-operative and would return calls & emails promptly. We are greatly pleased with her as far as her professionalism, courtesy and promptness throughout my H1B Renewal Process. We are very Thankful to Rajiv and his Staff.
USCIS seeks your input on the draft memoranda listed below. These memoranda are drafts of proposed or revised guidance to USCIS Field Offices and Service Centers. They are not intended as guidance for the general public, nor are they intended to create binding legal requirements on the public. Until issued in final form, the draft memoranda do not constitute agency policy in any way or for any purpose.
USCIS policy memo providing guidance about the extension of status for T and U nonimmigrant visas , including any related adjustment of status applications.
I have valid visa till 2013. Last year when I came to US, my passport was about to expire in Dec'2011 and hence I got my I-94 till Dec'2011. Now I have renewed my passport. At the time of entry, the officials said I can apply for extension once I renew my passport. I saw your previous comments "legality of stay in USA is governed by your I-94, not the visa." So my question is how to do L-1 extension?
I came to USA before 3 years and 6 months on L1B-Individual visa. I had 2 years of managerial experience before 3.5 years with the same employer, outside U.S.A. Now I got my L1A-Blanket petition approved and waiting for Personal Appearance with U.S.Consulate. My concern is that, I read in the conditions that the experience should be within the preceding three years....but I have managerial experience before 3.5 years. Will affect the chances?
There is an exemption of time for people who come to USA and continue working with the same group of companies in USA. Their 3 years are counted back from the date they enter USA.
My 6th year H1-B extension is done succesfully by Rajiv khanna law firm.I got 3 years extension ..My application has been approved in 4 days...I am really thankful to people of firm especially ana baker,rachel for their support and advice . Initially i am very afraid of this employer and employee relationship ..i dont understand what exactly is that .. and most of my friends who filed with different lawyer got RFE or their h1b denied due to improper documentaion about employer and employee relationship....... With Rajeev Khanna law firm they will explain you what exactly is this and help us to prepare perfect documentation..Once again i really thank firm and all the people who helped for my approval Thanks, Srikanth.k
I worked as Dept. Director at a Spanish Hotel from Jan 08-Jul 09. My employment was in the Hotel full-time, but was hired/paid through a consulting firm they employed (and still employ) to manage the operations of that department. I have now been offered a position (Dec 2010) in a similar Managerial/Director job within the Hotel's parent company in the USA but I have not got a US work permit, (I am Spanish). Can I qualify for the L1-blanket visa of the Company, based on my history with their consultant? Do I need to be employed by Hotel in Spain again prior to applying for the L1 visa?
Interesting situation. Not having researched this issue, I am guessing, the only way you can qualify for the L-1 is if you can establish that the hotel in Spain was your "true" employer in that they controlled you, even though your salary was paid by the consulting company.
I am on an L-1 visa, and I am working in the U.S.. My wife is outside the U.S. Her L-2 visa has expired. We want to get an appointment somewhere to get visa stamping together. I cannot travel without an appointment, or else I will be stuck and will not return to the U.S. without visa stamping. The embassy has not opened for more than a year now, and she is stuck, so how can we get appointments? Can this be an emergency appointment case?
We do not have enough information about your case, but generically, it appears that your wife may have the option to go through the dropbox process. Please look into that. Also, emergency appointments are just that: reserved for an emergency. Most consulates are not likely to entertain such a request unless there is a real emergency.
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What are the consequences if we extend parents visitor's visa's stay for more than 1 time? Will it be a problem when they come back to US again? Is the minimum time to come back again still 6 months?
The first consequence is coming too frequently. So, then stay away for one year. The second is you have to keep daisy-chaining your extensions. Three if you leave without an extension result, it's okay as long as you're leaving within the time that you asked for and lastly, if the extension is denied you may have to apply for a new tourist visa. More...
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We filed an H-1B extension petition for a small software company that offers customer software and technology solutions to the local clientele. USCIS approved the classification portion of the petition, but denied the portion of the petition requesting an extension of stay. USCIS stated that beneficiary had failed to maintain his nonimmigrant status because his H-1B status had expired prior to the filing of the H-1B extension petition and he was only in an authorized period of stay because of a pending extension request from the previous employer.
I am on H1 and my wife (on H4 visa) was out of status for more than 8 months. We received the approval nunc-pro tunc. Just to give little background, we found about this when we were planning to process her F1 visa. We browsed through all known forums and short listed two firms, Murthy's and Rajivji's. After the first consultation with Rajiv, I got some ray of hope and thought of retaining Rajivji's firm at that very moment. I omitted the options of retaining my employer's corporate firm and Murthy's firm. Rajivji was very thorough about our case and even had a discussion with my employer to get all the inputs.
I want to convey my special thanks to Rajiv's attorney Ms Sheena Gill. She was very prompt during the preparation of this case.I really appreciate her enormous follow-ups with USCIS, without which we could not have achieved this success. Thanks to Rajivji and his entire team, they literally gave us a new life. Winning a nunc-pro-tunc case is not a piece of cake, a lot depends on luck and the skill of the law firm. I would highly recommend Rajiv's firm to anybody for complicated case like this.