1. Had H-1B petition approved in 2015 through consular processing while residing outside the USA? But did not get stamped for H-1 but came to the USA on H4 visa. Currently working as an employee on H-4-EAD. Can I change my status to H-1B from H-4, If Yes - Will it be treated outside H-1B Cap?<br>
2. Do I have to leave the country and get stamped and re-enter with H-1B status?<br>
3. Will I get a new I-94 with latest 1 yr or 3 yrs approval? <br>
4. How many days will the process take to change status?<br>
5. Can I continue working while the COS is in progress or pending with USICS as I would like to continue working without a break? Also, do I have to go back to the same petitioner who applied for H-1B visa or can I transfer it to a different employer?
Watch the Video on this FAQ: H-4 EAD changing back to H-1
Video Transcript
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 received my 3-year extension post 6 years based on approved I-140 (sponsored by employer A). I am in the 7th year of H1B and have a valid visa until 2019. I have an offer from employer B. I am told by employer B that they are going to do H1B portability and extension using my approved I-140 from my previous employer. Since the premium processing of H1B is going to be suspended starting April 3rd, my new employer B wants me to join them based on the receipt notice of the H1B transfer. I am also told that the risk I have in case of denial is I would have to leave the US and re-apply for an H1B petition from my home country. From my understanding, one can always go back to their previous employer in case of rejection of H1 transfer?
Watch the Video on this FAQ: If H-1 transfer is denied, can I rejoin my old employer?
Video Transcript
According, to USCIS, when you are working under AC21 you are not out of status, you are in fact working according to the law and hence you should be able to join back. More...
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, 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.
Discussion Topics, Thursday, 9 February 2017:
FAQ: Extension of H-1 beyond six years, gap in H-1, late in filing PERM, etc; How can a US green card holder study abroad without losing their green card? || Automatic EAD extension, I-485 EAD; US Citizen applying for green card for brother or sister; How do we keep up with the rumors and changes in the laws; Should I travel outside the USA/H-1B visa stamping; When is an H-1B amendment required? || Job promotions during AC21 portability of green card; Impact of I-140 approval after 180 days, etc.
Other: Spouse of US citizen filing for naturalization; Following to join; Executive Order against criminal aliens; Change of status from L-2 to H-1B, remainder option, H-1 quota; Qualifying for OP after studying on H-4 visa, etc. || Starting green card from the I-485 stage; Going to home country for an extended period of time while green card is pending; Company going out of business during green card; Entry and reentry on visitors visa, etc.
USCIS has changed the direct filing addresses for where to file certain forms for beneficiaries who will be working or training in Florida, Georgia, or North Carolina. The changes are as follows:
Can my wife travel to India and then back to the USA for a period of 12 days while her H4 EAD application is pending? Based on current estimates of processing times we do not estimate that her H4 EAD will come before the first week of July. We will be back to the USA in the first week of May.
Watch the Video on this FAQ: Travel while H-4 EAD is pending
Video Transcript
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.
1. I have approved I-140 with company A and my wife got H-4 EAD. I am planning to move to company B. Can my current employer (Company A) revoke I-140? (I-140 has been approved for more than 6 months). If he can't revoke I-140, can my wife work on the H-4 EAD that she got based on company A's I-140?<br>
2. If my H-1 and my wife's H-4 transferred to Company B, do I need to apply for new H-4 EAD or can she continue working on H-4 EAD from company A (that H-4 EAD still has validity)?
1. The employer can revoke, but, USCIS says, after 180 days they will not revoke the H-4 EAD.
2. You will not need to change the H-4 EAD upon moving to any number of companies, as long as you maintain your H-1 status.
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.
Lost job recently. Was working on H1B. I am trying to understand how much time I have effectively to find another job and have the H1B filed by next employer. Is it necessary that the H1B “start date” in the I-129 petition be within the 60-day mark ( the grace period) from the last day of job in order for USCIS to grant H1B approval after a layoff?
Watch the Video on this FAQ: H-1B 60 days grace period explained
Video Transcript
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.
My wife has received her L-2 visa. She plans to continue with her US branch of her India employer once she lands in the US and gets her EAD. However for the period while she is US waiting for her EAD to come in, can she continue to be employed with her employer in India and keep receiving paychecks in India, while technically not working for any US based employer prior to getting her EAD?
Watch the Video on this FAQ: Is it legal to work for a foreign-based company in the USA?
Video Transcript:
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, 6 October 2016:
FAQ: Issues regarding changing jobs while on H-1:-- Is there a minimum time gap necessary to transfer H-1 from one job to another, change jobs| timing of resigning and joining; Errors in visa and passport; Name spellings different in various documents; Arrival departure records from-to Canada; Liquidated damages clause in H-1 employment contract; Applying for EB-1 if EB-2 is in process; Changing careers on H-1
Other: Indian passport for child born in USA; Priority dates movement; Work visa or status for students; Correcting errors in I-140 approval; Changing from B (visitors visa, tourist visa, business visa) to student status; Minimum days needed on passport expiration for visa entry; Processing through NVC; H-1B extension beyond 6 years; Visa dates movement, changing jobs on H-1, priority date transfer, approval of I-140; Adoption and immigration; Name discrepancy when applying for parents visa; Changing jobs, filing I-485, precautions for priority date transfer, etc
It has been a very pleasant experience getting help from the law offices of Rajiv Khanna.They have been extremely helpful and efficient with our visa application and successful too and they continue to assist us through their website.Kudos to your guys who handled everything for us.Thank you.
My wife is on H-1B visa and went on Maternity Leave (normal delivery) starting 8-Sep-2015 and will be completing 6 weeks of allowed vacation on 16-Oct-2015 (We have 6 Weeks letter from doctor). However, she would like to extend the leave till 15-Dec-2015 ( Total Duration 3 Months 10 Days) as we do not have the required support for the baby. Her Employer is willing to provide her with a leave/vacation letter and she can continue to work with the same employer post her vacation. Pay stubs ($0) will not be provided by the employer.<br>
Also, we are trying to have the pediatrician provide a letter suggesting 4 months of leave but not sure if we can get the same or will it be helpful?
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State - New Jersey<br>
Visa Type - H-1B<br>
Question 1 - Will a $0 pay stub from employer be helpful to keep her in status while on leave?<br>
Question 2 - Will letter from pediatrician suggesting 4 months of leave be helpful to keep her in status while on leave?<br>
Question 3 - Request you to suggest if she will be in valid status if she continues to be on leave till Dec-15 and have a vacation letter from the employer without pay stubs ?<br>
We do have an option of moving her to H4 starting 30 Oct but would like to avoid the same.
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If she changes her status to H-4, <br>
Question 4 - Will her current employer have to file a new H1B or a simple COS from H-4-H-1B would be required once she is ready to work?<br>
Question 5 - Can COS from H-4 to H-1B be filed in premium processing ? If not, what are the timeline for processing of the same.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
We have received an approval for an O-1 for a pharmaceuticals scientist employed by a small company. The case was approved without an RFE where we clearly showed the advanced nature of the work and the qualifications of the beneficiary. The outcome of O-1 visa petitions is always unpredictable, and, as a practical matter, more so where the employer is a very small company. Despite its size, the company was engaged in highly specialized and advanced level work. In addition to the beneficiary’s qualifications, the nature of the work
Question 1: Redo the PERM or just the I-140. If redoing the PERM again then what's new in this regulation?
Answer: After 180 days, you can extend H-1 even if 140 is withdrawn.
Question 2: It seems that there is no easy provision for EAD/AP for approved 140 applicants. So is there any point in waiting for this rule or Should I consider Visa stamping is only option for traveling outside US? Please suggest as I waited for a year or long thought they are going to give AP.
Discussion Topics, Thursday, 14 January 2016:
FAQ: Percentage arrangement for salary; Naturalization (citizenship) after lengthy stay abroad; H-1 6 years expiring, options; H-1 Cap exemption, visa stamped, but never worked; FAQ: Can I apply for H-4 visa if H-1 visa is rejected; can I convert from H-4 to H-1; Filing multiple PERM/green card petitions; Green card EB-1C international executive or manager, L-1A.
Other: Entering USA close to visa expiration; L-1B to L-1A and PERM; Transfer of priority date, green card through future employment, H-4 EAD based upon old employer’s I-140; H-4 EAD applying for green card, extending H-1; H-4 to H-1 conversion; Green card through future employer; Green card job duties, job title, promotion; G-315a RFE; Affidavit of birth; H-4 EAD and Change of Status; Priority date transfer, etc.
We obtained an O1 for an applicant who achieved a Master in Bonsai technique. He had apprenticed under one of the premier experts in Japan. We offered letters from field experts praising the applicant's work and noting his extraordinary artistic abilities. We also provided documentation of the applicant's participation as a trade show "featured artist" which is an honor only bestowed on the very best in the field.
Dear Rajiv & Diane, Thank you for taking time to talk with me yesterday. I was trying to make my case an O-1. Rajiv was upfront in letting me know that it was not an O-1 case. Prior to this, I also benefited from his invaluable advice, which he didn't charge anything, to have got a Back Pay for 10 months. Rajiv earned my trust with his honesty, knowledge and generosity. I would recommend him to those who are in need of professional services in immigration. Best regards, Wendy Zhang
Discussed: CSPA for EB-3 to EB-2; H-1B amendments; Marriage on B-2 visa/H-4; Consequences of travel without advance parole; Following to join process; H-1B liquidated damages contracts; Moving temporarily abroad while I-485 is pending; Relocation while green card is pending; Checking which MSA we are in; What is an H-1 amendment? Getting student visa while green card pending; L-2 EAD, etc.
I am very delighted to write our journey for O1 visa apporval for me and my wife with Mr. Rajiv ji and his excellent, highly professional and kind team. We approached to Mr. Khanna's law firm through my current employer, the process of writing the petition, collecting the papers and then review, edit and final submission was handled with the highest quality standards and as per the required regulations. We had several phone call discussions with Mr. Khanna, and to my surprise he knew every minute details of the information which was provided to him by us. Frankly speaking this was a truly professional at the same time a kind humanized approach from the team of Mr. Khanna. Special thanks goes to Ms. Diane Lombardo for her unconditional help, support and encouragement. We strongly recommend this firm to be used for any law related assignment. (e.g. visa, green card etc). Time management was excellent, follow up was extremely good. Best Regards, Dr. Manoj Jadhav,PhD, FCP
Topics for Discussion, Thursday, 25 February 2016:
FAQ: Can I travel during the pendency of my (B-1, B-2 extension, H-1, H-4, H-4 EAD, L-1, L-2, I-130, I-140, I-485, I-485, Advance Parole, Reentry Permit etc.) case? When should I join my future green card employer, also recapturing time on L-1B; Can a denied H-1B petition make you cap exempt; Special immigration options for UK citizens; How to correct errors on a submitted Form DS-260.
Other: Effect of abandoned change of status from F-2 to F-1; Time for non-premium processing of H-1B employer transfer and process for H-4; Green card or status for autistic son; CSPA for family-based children and disclosing pending immigration application when applying for a student visa; Changing employers after I-140; OCI; The new I-140 regulations; Status when H-1 is denied; Options for addressing H-1 processing delays; Affidavit of support from a person domiciled outside the USA; H-1B extensions based upon old employer’s I-140; Cross chargeability; H-1B quota exemption, etc.
It has been an amazing experience with my H1 transfer this time. I was getting RFEs in all the last 3 times when my H1B petition was filed, but this time, it got approved straight without an RFE in just 10 days of time with premium processing. This definitely indicates that the documentation done was very much detailed and complete. Apart from this, prompt communication is something that I really appreciate a lot. Thanks for all the support.