Discussion Topics, Thursday, 8 September 2016:
FAQ: Am I exempt from H-1 quota if visa was not stamped? Does AC21 permit promotions and higher salary for same or similar job? N-400 naturalization/citizenship delays; Applying for parents green card, I-130, I-485, birth certificate, marriage certificate, etc; Continuing work outside USA despite approval of L-1A;
Other: Quota impact of revocation of H-1; Green card filing and impact of Trivalley university; Travel on H-1 with just a few days left; Change jobs after green card approval; Transferring H-1B quota jobs; Surrendering reentry permit; Filing FOIA request to get H-1 and I-140/PERM papers; Cross chargeability - how to prove country of birth; Applying for H-1B and traveling on visa in an old passport; H-1B extension more than 6 months before expiration; H-1B visa stamping; etc.
My query is that whether my name which was sponsored by an IT company and come under quota (in 2008) could still be considered to remain as 'VALID' and 'UNUTILISED' under the year 2008 quota (and initial period 2008-2011). As no stamping of H1B took place in 2008, then can this be UTILIZED by any new employer/sponsor (under the 2008 quota) but with the validity starting from the date of stamping (e.g. 2016) and till subsequent years (as applicable). Can we say that this would be a case of stamping based upon PREVIOUS quota/approval and any new sponsor would NOT require to file a fresh H1B petition. So, only some MODIFICATION of the 2008 petition documents would required to be made by any new employer/sponsor.
Watch Video : Am I exempt from H-1 quota if visa was not stamped
Video Transcript:
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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.
It was a very pleasant experience working with the Law Offices. I would like to make a special reference to the person I worked with who kept me informed on each step during the process removing any anxiety - I did get prompt responses on all queries and she returned every call, that was amazing. I look forward to working with this team again when I apply for my Green Card.Thank and appreciate all your efforts.
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:
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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?
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Discussion Topics, Thursday, 12 January 2017:
FAQ: FAQ: New Regulations Calculation of 180 days for H-1 extension and several related questions; FAQ: Consequences for green card and other in switching to H-4 EAD from H-1; FAQ: Compelling circumstances EAD
Other: DUI affect on naturalization; CSPA; L-2 reentering the USA; SEVIS errors and J-1 options; Abandonment of I-130; Types of H-1 extensions after 6 years of H-1 are over; Applying for naturalization - counting days; Rules for H-1B quota exemption; Applying for h-4 visa; I-131 reentry permit; Effect of employer’s bankruptcy on green card and H-1, etc.
We won a case for an applicant who primarily served as a function manager, but also managed a few professionals. We provided extensive details regarding the job duties of the beneficiary for both the foreign entity position as well as the proposed US position. We outlined the proposed duties in detail and assigned a percentage to each task indicating how much time was allotted to complete the task.
We won a case following a Request for Evidence that requested additional proof of the relationship between the entities, verification of employment abroad in a managerial role for one continuous year prior to entering the US, as well as additional details of the proposed managerial position in the U.S. Initially we submitted documentation to establish the relationship between the U.S.
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
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Discussion Topics, Thursday, 18 May 2017:
FAQ: Is it legal to work for a foreign based company in the USA? || Changing employers after I-140 approval; impact on H-1, green card, H-4 EAD, etc. || Physicians (FMG) NIW, AC21 portability, teaching to clinical position || Impact of a misdemeanor under Trump EO || Extending H-1/H-4EAD; working while extension pending || Filing green card through multiple categories or employers and/or family simultaneously || Activities permitted under H-4 EAD.
Other: Losing H-4 status when using EAD under I-485 || Can a child enroll in school under G-4 visa? || Acquiring Canadian nationality || Changing H-1 visa after changing employers during 60 days grace period|| H-1B changing employers while transfer or extension is pending || Taking a 6-month break on H-1, H-1 quota || L-1 to F-1 change of status || Adoption under US laws || Getting paid on 1099 || H-1B amendment when company acquired, etc.
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!
Thanks very much for an outstanding job in obtaining my L1 visa through my company's request!
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.
Discussion Topics, Thursday, 17 November 2016:
FAQ: Refused entry 212(d)(3) waivers; L-1A for functional managers; Leaving employer after getting a green card; Changes in immigration after Trump.
Other: AOS for out of status; Giving and receiving money on H-1B visa/status; Name error in I-140; Medicaid for parents; Translations; Functional managers on L-1A; Denial of I-130; Losing green card; Amending H-1 is vendor changes; H-1 visa revocation; H-1B extension beyond 6 years; Priority date transfer; H-1 visa stamping; F-1 OPT based upon an employer who was not joined, etc.
USCIS has posted a new Web page on the H-1B and L-1 fee increase required by the Consolidated Appropriations Act, 2016 (Pub. L. 114-113). Pub. L. 114-113 requires certain petitioners to submit an additional fee of $4,000 for certain H-1B petitions and an additional $4,500 for certain L-1A and L-1B petitions.
FAQ: Successor in interest, effect of location change on green card; EB-5 investment-based green card loan, collateral, ownership; How soon can I leave the employer after green card approval; DUI/DWI visa revocation; EB-2 for nurses; What should employees do when employer convicted of visa fraud.
Other: I-94 expiring- passport duration; Children born within a few days after green card approval; H-1B amendment - change of location or project; H-1B cap exemption; Travel during STEM OPT extension; Opening a non-profit while on H-1; Physician (FMG) using H-4 EAD; H-4 extension; etc.
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.
Short: I found Mr. Rajiv Khanna to be a very competent and knowledgeable attorney, his firm has great processes, which I think increased the chances of success for my application. I recommended Mr. Rajiv Khanna and his firm highly. Detailed: I work in a law firm (not immigration law), and am very impressed with Mr. Rajiv's practice, the level of personal attention he provides, the efficiency with which my application was prepared, the promptness of his staff, transparency and fairness about costs involved, the amount of information on his website, and his forthcoming nature in understanding the case, explaining the options and providing recommendations.
Mine was an individual case - for L1 visa application, which was approved without a hitch. Unlike blanket L visa cases for big companies, every individual case has several small 'unique situations' that need due care while being described. I found that the law firm of Mr. Khanna is very well geared up to handle such cases. At the point my application was submitted, I was already confident that it was in good shape, and had captured all the information that needed to be there. Thanks to Mr. Khanna and his staff, I had all reasons to expect a successful outcome. I have used other immigration attorney's services, and not that I was unsuccessful with them or disliked them, but there is a difference in the way Mr. Rajiv Khanna's firm handles their matters, which, in my view, makes a big difference both to the quality of the applications, and very likely the outcome.
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.
H-1B and L-1 petitions filed on or after Oct. 1, 2015, should not include the additional fee that was previously required by Section 402 of Public Law 111-230, as amended by Public Law 111-347, for certain H-1B and L-1 petitions. The additional fee required by Public Law 111-230, as amended, expired on Sept. 30, 2015.
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