My spouse and I are living in different sates due to obvious work reasons. I am currently on H-1B Visa with my I-140 approved. My wife is on H-1b working as a full time employee to XYZ company. Now, with Obama's executive action particularly with H-4 EAD my wife is planning to change her visa status from H-1B to H-4 so that she can get opportunities at the place where I live (at this point of time all the companies at my place are asking her for Either Green Card or Proper Work permit without any sponsorship in order to hire her). In this regards I have 2 questions <br>
1. Would you suggest us to get H-4 approval in advance before H-4-EAD rule comes into effect or would you suggest we can file them concurrently?<br>
2. If she applies for H-4 when can she quit the job - Is it on the day of notice of application receipt from USCIS or from the day of H-4 approval?<br>
P.S: I am aware that no rule has been published yet but just wanted to get your thoughts/suggestions on this issue.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
Currently I'm on L-1A status and it expires in *** hence my employer is planning to file new H-1B this April not change of status. Here are my questions...<br>
1) If I get H-1B this April, is it mandatory to work on H-1B from Oct 01, 2015?<br>
2) Shall I continue with L-1A status until it expires and then can I change to H-1B?
See clip from Attorney Rajiv S.
I got my H-1B petition approved in 2008 and again got it extended in 2008 unto Jan 2011. Now, I have never used both these visa's to work in US. Though, I have traveled few times to US but on B-1 visa for meetings with customer. Today, one of my friend told me that I am eligible for cap exempt H-1B application if I get job in US. Also, what will be the processing time for this cap exempt H-1B. Can this be done in premium processing in 15 days ?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
Status of the H-4 EAD regulations
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://www.youtube.com/watch?v=sXq6DaDK7AA#t=93
FAQ Transcript:
This FAQ is about H-1 quota, how does H-1 quota work?
I think this is an issue important for many people.
Question: I am on L-1 A, If I get H-1B this April, is it mandatory to work from October 1st. Can I continue on L-1A and then change to H-1B when I like.
U.S. Citizenship and Immigration Services (USCIS) Director León Rodríguez announced today that, effective May 26, 2015, the Department of Homeland Security (DHS) is extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident (LPR) status. DHS amended the regulations to allow these H-4 dependent spouses to accept employment in the United States.
1. Is there any time frame within which H-4 should have job offer after getting H-4 EAD?
2. Why is an adjustment of status I-539 needed? What status is being adjusted (H-4 to H-4?)? I get the other form for application of EAD. What if someone is on F-1? Could they file I-539 (To go from F-1 to H-1?) and I-765 concurrently?
3. I am currently on OPT ( from F-1- visa) and it ends in Dec. My husband on H-1B and I-140 to be approved 2009 PD in "ABC" company and he moved "XYZ" company .The XYZ company process my new I-140
Do we have any clarity on the F-1/OPT to H-4 EAD process? Should I move to H-4 and then apply for EAD ?
4. I know there is no clear picture that there will be a change in law for all candidates with I-140 approved can register for I-485, so that they can get EAD/AP. If that really happens, there is no use of this H-4 EAD regulation anymore it is just obsolete, any person with approved I-140 can apply for I-485. The H-4 EAD process took one calendar year from starting to beginning for approval which will become a waste of process, effort, wait time, expenses for the Government. If it really happens, it is a miracle or my guess is they might keep a condition that the person should be waiting at least 3-4-5 years with a approved I-140.
My question is it that easy task for USCIS/GOVT/EO just amend the process for I-485 pre registering ?
5. Can H-4 EAD can do business ?
6. I am in USA on H1B and running my 5th year. but recently I have got H1 extension from USCIS to 7th year. (This is because my labor is pending with DOL now for more than 1 year). So based on these conditions, is my spouse eligible for EAD?. Can your firm help me in filing the EAD for my spouse?
7. a. After the H-4 EAD, if the candidate is not willing to work or doesn't have a job and visited India, does she have to go for visa stamping while coming back?
b. Can she enter on approval EAD (without working) if she doesn't have H-4 visa stamped?
8. 1. I am planning to apply for H-4 EAD for my wife, what happens to her EAD if I change my current employer maintaining my H-1B status?
2. My wife has found a job which can apply for her H-1B, can we file for her H-4 EAD before actually knowing if her application is selected in lottery process? (In short have both H1B application and EAD application open at same time)
9. I am on H-1 B and my husband on H-4 working in India. Can I apply H-4 EAD while he is in India or he has to come here before applying?
10. a. If my H-1B petition is not selected in lottery, I will apply for H-4 COS and EAD simultaneously. Is it advisable to apply for H-4 COS/EAD on my own or through my wife's employer?
b. While my H-4 COS/EAD petitions are under USCIS’ review, can my ongoing STEM extended OPT EAD be further extended (under cap-gap extension policy or similar) to allow me continue working after 9-June-2015 (the day my OPT EAD expires) till I receive the decision on H-4 work authorization petition?
c. If YES, how long is this ‘grace period’ for OPT cap-gap extension?
- If NOT, will I be considered out of status (and have to leave USA) during the time period between the day my OPT EAD expires and H-4 EAD is approved/effective (assuming a positive outcome)?
1. Is there any time frame within which H-4 should have job offer after getting H-4 EAD?
As of March 5, 2015, U.S. Citizenship and Immigration Services (USCIS) is temporarily suspending adjudication of Form I-129 H-2B petitions for temporary non-agricultural workers while the government considers the appropriate response to the court order entered March 4, 2015, in Perez v. Perez, No. 3:14-cv-682 (N.D. Florida, Mar. 4, 2015).
I am an Indian and have been living in London for the last 6 years and currently in the process of getting British Citizenship, which I am hoping to get by April and subsequently British Passport by June. I work for a leading international bank in London.<br>
My girlfriend is currently doing Masters in Illinois, USA, so, I am looking to move to US, but understand the H-1B visa is a bit complicated.
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My question is, how does the quota system work for H-1-B visa and when does the new quota start, and what's the best period to apply for one? So, If I am looking to move there in October 2015, when do I have to get an employer to apply for H-1B for me (provided an employer agrees to sponsor me)? or, is there a particularly good time to apply for H-1B visa?
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Also, is it easier to get the visa if I am there physically in the US or it doesn't matter?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
I am US citizen and planning to sponsor green card for my sibling. My sibling has already visited US in B-1/B-2 visa few times and holds that visa for another few years.
I know that this kind of application takes 10+ years to approve. From this context in mind, I have few questions -<br>
1) Can my sibling enter United States on the same B-1/B-2 visa after I apply immigration application?<br>
2) Can my sibling apply for renewal or new B-1/B-2/H-1 visa while application is being processed?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://www.youtube.com/watch?v=baprYGs8IzQ&t=782
FAQ Transcription
On April 1, 2015, U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions subject to the fiscal year (FY) 2016 cap. U.S. businesses use the H-1B program to employ foreign workers in occupations that require highly specialized knowledge in fields such as science, engineering and computer programming.
The congressionally mandated cap on H-1B visas for FY 2016 is 65,000. The first 20,000 H-1B petitions filed for individuals with a U.S. master’s degree or higher are exempt from the 65,000 cap.
Today, March 17, 2015, the Department of Homeland Security (DHS) will resume adjudications of H-2B petitions, but will continue to suspend premium processing until further notice.
Monday, March 16, 2015 the Department of Labor (DOL) filed an unopposed motion to stay the March 4 order of the U.S. District Court for the Northern District of Florida in Perez v. Perez until April 15. That order vacated DOL's H-2B regulations on the grounds that DOL had no authority under the Immigration and Nationality Act to issue them.
The Department of Labor is making available Frequently Asked Questions (FAQs) regarding its implementation of the Northern District of Florida's March 18, 2015 decision to temporarily stay its earlier judgment in Perez v. Perez, No. 3:14-cv-682 (N.D. Florida, Mar. 4, 2015). As a result of this stay, the Department has temporarily resumed processing of requests for H-2B prevailing wage determinations and applications for H-2B temporary non-agricultural labor certification until April 15, 2015.
USCIS would like to inform stakeholders about the proper action to take if cap-subject filings for fiscal year 2016 H-1B petitions are mishandled by delivery services. If a petitioner filed an FY16 H-1B cap petition in a timely manner, but received notification from the delivery service that suggests that there may be a delay or damage to the package, the petitioner may file a second H-1B petition with a new fee payment and the following:
I worked for ABC Company for last 3 years. They extended my H-1B at the end of 3rd year. But during my 4th year (this year) I changed my employer and updated my H-1B too. At the same year, ABC Company was sold to another company. ABC Company decided to give bonus to its current and formal employees. I got a bonus
check from ABC Company. Since, I was not on their payroll they issued me a 1099
misc form for tax purposes for this tax year. My understanding is H-1B employee
can file only W-2 form with current employee. If I file my tax with this 1099 misc
form from ABC Company? Am I violating the H-1B rules?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
On April 15, 2015, the federal district court in the Northern District of Florida issued an order effectively permitting the U.S. Department of Labor (DOL) to continue issuing temporary labor certifications under the H-2B visa program through May 15, 2015. As a result, DOL will continue to process temporary labor certification applications under its 2008 H-2B regulations through May 15, 2015.
I got my H-1B petition approved last year, it got extended as well. I have never used any of these visas to work in the U.S. though I have travelled few times to U.S. but on B-1 visa for meetings with the customers. So the question is when do I become exempt from the H-1 quota?
In your situation when you are outside the USA, you become exempt from the H-1 quota when you get your visa stamped. So I think USCIS interpretation of law is faulty and incorrect, because in my view as soon as H-1 is approved you should be exempt from the quota but USCIS has taken the position that unless you get the visa stamped from the consulate we will not consider you exempt if you are outside the USA. So it appears to me that you should be exempt from the quota.
My H1B petition got approved through my existing employer and became effective 10/01/14 (I was on F1 OPT before). Where am I eligible to go to for doing first time H1B stamping, other than my home country (Russia) – can it be done in Canada, Mexico, or other countries? I have Masters from an American university, and over a year of working experience in the US. Also I’ve heard that starting June Canada has suspended doing first time H1B stamping, can you please provide any clarification, and also could you please advise what all options are available to me?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://www.youtube.com/watch?v=xp4B1_qhvtM&feature=player_detailpage&l…
https://www.youtube.com/watch?feature=player_embedded&v=ujMQ79pgzX8#t=1665