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Change of Visa From H-1B to F-2

11 years ago By Chief Editor
Question details

I am currently on H-1B visa. Is there a way I can change the visa to F-2 without going back to India? My fiancé is here on F-1 visa and this visa is valid till Sep 2014.

You must be married to the F-1 holder in order to be eligible for F-2 status.  Fiances do not qualify for derivative status.

Guestbook Entry for VB, United States

11 years ago By Anonymous (not verified)
Name
VB
Country
United States
State
NJ
Comment

Rajiv Khanna, Judi and Anna worked with my employer on my H1 work permit. They were extremely diligent and thorough with their paper work. They guided us step by step through the process. They were extremely patient and were always there to answer any queries. I would recommend this firm to any individual or a firm to handle their immigration tasks. Great job guys! Thanks 

H-1B RFE for Confidential Project

11 years ago By Chief Editor

We were retained for an H-1B petition.  USCIS issued a Request for Evidence asking for proof that the beneficiary would be employed in-house and that the petitioner has sufficient specialty level work available for the beneficiary.  No project information or agreements entered into with the clients could be provided to USCIS as evidence because of the confidential nature of the projects that the beneficiary would be required to work on in-house.  Therefore, we relied on secondary evidence supported by legal arguments.  USCIS accepted our arguments and approved the application.

Nonimmigrant Visas

Guestbook Entry for AHM Rahman , United States

18 years ago By Editor
Name
AHM Rahman
Country
United States
State
NY
Comment

I was approved for H1B which would be effective on 1st of october,2005. But I didn't get my I-94 with my H1B approval. Before 1st of october, I left my previous employer and joined with my current employer. On that moment, it was tough for getting the new H1B. But Law offices of Rajiv S. Khanna made it, especially Rena Wadell, who was handling this case. My spouse's H4B also on processing. Hopefully, get the good news soon. I am really happy for getting their service.

Sufficient Evidence of an Employer-Employee Relationship

11 years ago By Chief Editor
Question details

We are filing an H-1B petition for a three-year period for a potential employee. However, they will be assigned to work at a client site and the contract we have with this client is not for the full three-year period. Will the petition be denied on this basis? We would still want this individual to work for us for the full three years.

If you do not initially provide sufficient evidence of an employer-employee relationship and the availability of sufficient specialty-level work for the duration of the requested validity period, you may be given an opportunity to correct the deficiency through response to a Request for Evidence (RFE).  Your petition may still be approved if you provide evidence that a qualifying employer-employee relationship will exist for a portion of the requested validity period, as long as all other requirements are met.  However, USCIS will limit a petition’s validity to the time pe

Applying for Spouse after H-1B Approval

11 years ago By Chief Editor
Question details

I am planning to come to the U.S. to work. The company that is going to file the H-1 petition for me tells me that they will not need to file any petition for my wife. I want her to accompany me to the U.S. What do we need to do?

The company will file your H-1B petition and, after you receive your H-1B approval, your wife should accompany you to the consulate to apply for her H-4 stamping in order to come with you to the U.S. as your dependent.

Guestbook Entry for Ravi Linga , United States

18 years ago By Editor
Name
Ravi Linga
Country
United States
State
Delaware
Comment

I just got approved for my Labour in PERM in 10 days. I was very surprised when Pramita (My case Team member) called me yesterday since I was in my 8th year extention for my H1B. My case manager Vijay Durgam and his team has done a good job and responded to my call very promtly. I Thank Mr. Khanna for his good stratagy on my case. I strongly recommend anyone to go with Mr.Khanna's Team. This company has very good support and care for their clients.

Guestbook Entry for Roustem Saiakhov , United States

19 years ago By Chief Editor
Name
Roustem Saiakhov
Country
United States
State
OH
Comment

Pleased with my H1B/H4 experience with Mr Khanna's firm I have decided to use his services for my GC processing 3 years ago. Today I got my passport stamped. Thank you for all your efforts, Rajiv, Diane, Leila, Hellen and for all your help. Would definitely recommend this firm to anyone

OPT to H-1B

11 years ago By Chief Editor
Question details

I am currently on my Post-completion OPT. I was recently hired as an IT by a company which agreed to sponsor my H-1B. My OPT expires on January 2013. I've done my Associate Degree in Computer Science. Also, I have BS in Computer Science but from foreign country. Seven year experience in IT.I had my BS evaluated recently. It is equivalent to US Bachelors Degree in Computer Science Computer Technology.

Q1: I will have a gap of 3 months before April 1. How to maintain my status?

Q2: I am under STEM not with my US AAS but with my foreign BS degree. Can I extend my OPT with my evaluated diploma?

A1. You can consider going back to school or B-1/B-2 status. There is information on our blog on B-1/B-2 to maintain status.

Important Information on Form I-129 H-1B, H-2A, and H-2B Petitions

11 years ago By Chief Editor

If an H-1B, H-2A, or H-2B petitioner submits evidence establishing that the primary reason for failing to timely file an extension of stay or change of status request was due to the government shutdown, USCIS will consider the government shutdown as an extraordinary circumstance and excuse the late filing, if the petitioner meets all other applicable requirements.

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