My wife is working here in the US on J-1 visa as a Post Doctoral Fellow and She is subject to 2HRR requirement.I came to United States last year on J-2 visa from India and after few month I applied and got the EAD card and now I am also working for XYZ IT company here in the USA and I am subject to two HRR requirement as well. My employer wants to file H-1B visa for me but my wife does not have an offer for H-1B visa so in that case Can I (J-2 visa holder) file a waiver petition independently of the J-1 Principal?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/XAfykYM-cUQ?t=89
FAQ Transcript:
Topics for Discussion, Thursday, 29 October 2015:
FAQ: Withdrawing one pending petition (H-4) when another is (F-1) approved; Writ of Mandamus against delay; Investment property while on H-1 (Buying and renting out a house); Starting my own company while on H-1; Priority date loss upon revocation of I-140; Consequences of getting laid off on H-1; etc.
Other: TN/TD Visa; I-14- approved, company acquired; Job termination AC21; Cross chargeability evidence (Iraq); Applying for H-1 from OPT and travel; H-1 transfer while an extension is pending,I-140 revocation and priority date; Minor son on tourist visa, parent on green card; PERM denial and probability of success; Naturalization delay; etc.
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.
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FAQ: I-485/AOS/AC21 issues in job through future employer - I-485/AOS; Reentry permit; New Priority Date rules; Priority date port and multiple I-485/AOS petitions;
Discussed: H-1B extension using I-140 receipt; cross chargeability; Losing priority date when I-140 revoked; location change on L-1B visa; Porting priority date to a different job; Spouse of green card holder; H-4 EAD extension; Filing I-485 without employer; CSPA; Birth certificate issues; Petty offense exception; H-1B and maternity leave; I-485 through future employer; etc.
Our software company has worked with Rajiv and his staff for 2 years on various visa applications (H1B, L1, EB2) and couldn't be more pleased. The entire staff is professional, reliable, knowledgeable, and friendly. Rajiv is never too busy to have a call to provide updates & recommendations, and even just to put employees at east during these most stressful times. I highly recommend the Law Office of Rajiv S. Khanna.
Discussion Topics, Thursday, 28 January 2016:
FAQ: Conversion from H-1 to H-4 EAD and back to H-1 – H-1 quota; L-1B converting to H-1B change of status and quota; H-1 duration through a new employer after I-140 approved – starting a new green card – do job titles and job descriptions have to match; Reapplying for a B-2 visa after denial – importance of income; Filing B visa to maintain status – H-1 and H-1 extension durations when I-140 is approved – when I-140 is revoked – time USCIS takes to revoke an I-140; Visas for starting a restaurant business franchise in the USA.
Other: Changing jobs after returning on N-470; PERM approval after MTR/Appeal on harmless error/typo; Consequences of old employer withdrawing I-140; Limit on number of times one can apply for H-1; Porting priority date from an approved I-140 that was revoked for error; Entering to do business on a prior approved B-2 visa; L-1A and PERM based green cards; H-1 quota based upon prior approval.
Discussion Topics, Thursday, 11 February 2016:
FAQ: Traveling on EAD, Advance Parole, H-4; Does changing jobs require restarting green card; Returning to H-1 after I-485 EAD; Birth certificates and affidavits of birth, non-availability certificate, secondary evidence; E-3 visa change of employers and filing green card; Options after 6 years of H-1 are completed; Extending B-2 visa and status for dependent parent; Effect of change in project on EB-1C (International Managers/Executives) green card.
Other: H-4 for autistic son over 21; H-1 amendment location has changed; Using B-1 B-2 visa after Advance Parole expire, I-485 is abandoned; H-1 reuse and quota; I-140 priority date transfer and returning to old employer; H-1 quota if no visa was stamped; I-485 RFE; Correcting errors on Form I-130; Starting green card with new employer, porting (transfer of) priority date; AC21 changing jobs while RFE is pending; Denial of Form I-751, conditional permanent residence (green card); Resetting the clock on H-1B and L-1B; H-4 EAD issues; Applying for change of status from H-3 to F-1.
Topics for Discussion, Thursday, 21 April 2016:
FAQ: Is H-4 Visa needed after H-4 EAD approval; H-1 cap exempt working concurrently for H-1 cap employer; Safe time to change jobs after I-140 approval; PERM-based green card through relative-owned company; What to do if company is under visa fraud investigation, indictment, conviction.
Other: L-1B expiring, options to stay and work in the USA; Form N-600 child born outside the USA to a US citizen parent; H-1 quota exemption if visa is not stamped; H-4 EAD gap in EAD; Attorney negligence in H-1 filing; H-1 approval for projects where duration is 6 months and only vendor letter is available – no end client letter; CAP Gap extension; Priority date transfer problem – delays; Police clearance from the USA; Unlawful presence under H-1B; Renewing green card; L-1A options to stay in the USA after 7 years; Applying for naturalization – several visits outside the USA – residency requirement; H-1B unlawful presence; Bounced check USCIS fees problems; etc.
Right now I'm in USA on B1 visa. I came last week 1st Oct 2017. Got the stamp for 6 months (i94 expires on Mar 31, 2018). This is the 3rd time I'm traveling to the US on B1. Below are the previous trip details.<br>
Aug 02 2014 To Sep 28 2014, May 03 2015 To Jun 15 2015,3) Oct 1 2017 To till date (Nov 11 2017). Now my company wants to file L-1B petition for me. The employer is ready to file an application for L-1B in the USA if it is legitimate.<br>
1) Now I'm already in the US, so Is there a process to get my L-1B without going back to my country (India)? Is B-1 to L-1B is a complex process? Is there any complication(s) if I put my petition in USA?<br>
2) What will be the time frame to get L-1B?
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 got H-1B approval in August 2013 valid from Oct 2013 to Sept 2016. After this, I traveled to the US in August 2014 on H-1B & I am here till now. My question is, till what time I can stay in the USA. I know for H-1B we get 6 years. But will this count my earlier stay on L-1B? For more than 2 years, I didn't enter to the US.
Will it be until August 2020 or ( August 2020 minus the L1B stay ) ?
Watch the Video on this FAQ: Rules for counting 6 years of H-1B
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.
The Visa Waiver Program (VWP) enables nationals of 36 participating countries to travel to the United States for tourism or business (visitor [B] visa purposes only) for stays of 90 days or less without obtaining a visa. The program was established in 1986 with the objective of eliminating unnecessary barriers to travel, stimulating the tourism industry, and permitting the Department of State to focus consular resources in other areas. VWP eligible travelers may apply for a visa, if they prefer to do so.
In your knowledge, how long does it usually take to obtain a green card (through dual intent)with an L1B visa?
The time taken for L-1B holder who applies through PERM is the same as for anyone else from the country you were born in. No special case here, unless yo convert to L-1A and go through EB-1.
Topics:
I have 3 questions about the L1B visa I hope you can help me with:
1.Is it possible to work part time for another company than your sponsor under an L1B visa? (at the same time)
2.Is there a minimum amount of hours you have to be employed weekly under an L1B? Or can you just work part time for your sponsor company?
3.Lets say I want to apply under the "dual intent" law to permanent residence with an L1B visa, is it possible to do so by working only part time to my sponsor or do I have to be full time employed to be able to apply under the dual intent law ?
1. L-1B visas do not permit part time employment.
2. I think 35 hours each week (full time). Part time is not permitted.
3. Part time is not allowed under L-1B.
I had come to US in September 2008 for 30 days externship (as short term visiting scholar) on J1 visa. After that I went back to India in October and came again in January 2009 on F1 visa to do PhD in animal science program. My concern is do I need to apply for J1 waiver before joining a job or a post doc here in USA? If yes, how should I go about it?
The 212(e) can attach to even a short program. Step one, ask DOS for an advisory opinion whether you are subject to the Home Residency Requirement. The detailes are here: http://travel.state.gov/visa/temp/info/info_1288.html
Certain exchange visitors (J-1) are subject to a two-year home-country physical presence requirement which requires you to return to your home country for at least two years at the end of your exchange visitor program. This is also known as the foreign residence requirement under U.S. law, Immigration and Nationality Act, section 212(e).
I recently abandoned the US for Canada. I had been living in the US illegally for 15 years (since the age of 11). I got an opportunity to conduct biological research at the University of Alberta, AB, and Canada. I'm fully funded to live in Canada by the institution. Anyway, I would like to return to the US in 2013 for my 10 year high school reunion. I would like to know how likely I would be to get a tourist visa given my recent history. I have no intentions of staying in the US, just visiting. Am I automatically banned?
Look into a 212(d)(3) waiver, which should allow you an entry. Ask CBP at the border how much time they need to process the waiver (usually a few weeks).
The Adjudication of L-1B "Specialized Knowledge" Worker Petitions: How Is It Working for You?
Tuesday, February 7, 2012
2:00 - 3:00 p.m. EST
Can I obtain an F-1 if I have a two-year home residency requirement on my earlier J-?
Yes. F visa is NOT forbidden. But you will not be able to get an H-1, L-1 or green card unless you address the HRR through compliance or waiver.
Excellent service from Rajiv Khanna's team members ... Thank you JJ