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B-1 in Lieu of H-1

11 years ago By Chief Editor
Question details

I came with B-1 to work until I obtain H-1B (this is B-1 in lieu of H-1 clause that authorize me to work). I was not selected at 2013 H-1B lottery. How long can I stay on B-1: 6 months + one renewal, would the second renewal be granted,I am looking at L-1B as an alternative but I did not complete the one continuous year before coming to US with my employer. Can the company "make up" some months of work abroad to complete the 12 months? How deep are they digging into for L-1B?

No making up please, unless federal prison is a part of our career plan. B-1 in lieu of H-1 is uncertain, but you can keep trying extensions. If the new law for comprehensive immigration reform passes, things could change drastically.

H-1B Approved after Denial

11 years ago By Chief Editor

Our office was retained to process an H-1 Change of Status petition for a Quality Assurance Engineer working on a turnkey project owned by a middle vendor at a client location.  We explained to USCIS that the end-client was infact the vendor, who “owned” the project.  USCIS denied the petition, holdingthat we had failed to obtain proper documentation from the end-client.  We filed an MTR with extensive arguments and evidence that the petitioner was the actual employer of the beneficiary and that the vendor, not the end-client, owned the project. 

Nonimmigrant Visas

H-1B Quota and the "Reminder Option"

11 years ago By Chief Editor
Question details

I have H-1B stamped valid till March 2014 and I am in India right now. My current employer laid me off and cancelled my petition.I have got a call from a consultant that they can file a new petition in premium category against my exiting stamped visa under cap exempt category even if my current petition is already cancelled. Can I use my H-1B in this way even if my petition is cancelled by my earlier employer and me being available in India .

There are two parts to your question. Are you subject to H-1 quota? The answer is no, not until you have been physically outside USA for a year. Even after that, you may have the "remainder option." Second, can you use the same visa stamp to travel?

Labor Certification Registry Document Availability Schedule (as of July 1, 2013)

11 years ago By Chief Editor

Currently, the LCR displays all certified H-1B1 and E-3 Labor Condition Applications (LCA) and Permanent labor certifications, dating back to April 15, 2009. However, the Department is experiencing technical difficulties with the display of approved H-1B LCAs. In addition, due to the historical paper-based filings of H-2A and H-2B applications, these labor certification documents must be manually redacted and uploaded to the LCR and, therefore, only a limited number of records covering Fiscal Year 2013 are currently available.

H-1 Concurrent Employment

11 years ago By Chief Editor
Question details

If I am applying for concurrent employment on H-1, can I extend my status based on my new employment, or can it only be for the time I am already approved for?

You can extend your time, assuming that you would be otherwise eligible for an extension of status.

Performing services in more than one work location

11 years ago By Chief Editor
Question details

The employer who is going to sponsor my petition has told me that I will be working in more than one work location. Will USCIS see this as a problem?

The petitioner (your prospective employer) will need to submit a complete itinerary of services or engagements if you will be performing services in more than one work location. Furthermore, the petitioner must comply with Department of Labor regulations requiring that an LCA is filed specific to each work location for the beneficiary.

H-4 to H-1 status

11 years ago By Chief Editor
Question details

I was in H-1B status for three years, then changed to H-4 status. If I want to change back to H-1, will I need to wait to file under the new quota?

If your previous H-1B petition was counted against the cap, you should not be subject to the quota and should be able to file an H-1B petition at any time. However, if your prior H-1B employer was cap-exempt, you will be subject to the quota.

Guestbook Entry for VRChowdary, United States

11 years ago By Anonymous (not verified)
Name
VRChowdary
Country
United States
State
Missouri
Comment

I have answered my  H1B Extension RFE with Rajiv's office. They were great in getting the work done and respond back quickly from their side. They will also answer very promptly for any immigration or rfe document related questions. I would like to say specially thanks  to Jagbir... who did a great job on his part and answered all the questions in detail. His timely updates & and his timely emails reminding the timelines are really very appreciable. Thanks for all the effort  --- Venkat

Guestbook Entry for Sundip Kadam , United States

20 years ago By Chief Editor
Name
Sundip Kadam
Country
United States
State
NJ
Comment

Law offices of Rajiv Khanna is very professional in their job. They will make sure to serve you the best and they make sure that you get all the possible help.
I have always had good experience with them hence all the immigration services from my office have been moved to Rajiv Khanna. The staff is prompt, responsive and very helpful and so is Rajiv himself. He takes personal interest and explains things easily.
And I also would like to mention the www.immigrationportal.com forum from Rajiv Khanna, which is an excellent service.
My personal thanks to Rajiv for the services and efforts he is making for the immigration community and his fight to make things right.
I would strongly recommend Rajiv and his law firm.
I can depend on them.
Thank You.
Sincerely,
Sundip.

Cap Gap Extension Rules

10 years ago By Chief Editor
Question details

I am on F-1/OPT extension which expires on March 2014. Is there any grace period so that my employer can file my H-1 visa. Do I loose my status after March or is there any grace period. If I come under current status when can I file my H-1?

When your application for H-1 is filed within 60 days of OPT 

Guestbook Entry for Appa Rao Hoare , United States

20 years ago By Chief Editor
Name
Appa Rao Hoare
Country
United States
State
Texas
Comment

I welcome this opportunity to thank the Law Office of Rajiv S Khanna and especially my direct contact Ms. Rena Waddell for her valuable time and the terrific job she has performed in getting me approved for the H1B within such a short period of time. The sheer promptness, professionalism and clockwork precision exhibited by Ms. Rena Waddell was excellent. The processing & paperwork was very prompt and it was hardly any time after my case was filed that I got a call from Ms. Waddell informing me of my approval.
Thanks once again Rena and expect to receive the same kind of treatment and professionalism from your office in future.

Travelled to India on H-1B status, stamping done through NIE, job contract ended: What are the chances to get back to the U.S.?

2 years ago By Chief Editor
Question details

My friend had traveled to India in an emergency situation in April this year. Since the consulates were closed for so long, he could get his H-1 visa stamping done by an emergency appointment last month (through NIE) only. Now, his job contract ended here. What are his chances to come back to the U.S.? - Does he need to have a job with an offer letter before traveling back to the U.S. back?

FAQ Transcript

 Unless you have a specific job in hand, the one that has been described in the H-1B you should not come back.

 

Note: Where transcribed from audio/video, 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.

Impact on H-1B status of using advance parole

2 years ago By Chief Editor
Question details

H1-B Visa Stamp Expired - but H1-B Status Valid until Sept 2023 (I-797 Approval Notice) 

I-140 approved long back, I-485 pending (PD not current but close), I-765 + I-131 approved Combo Card. Travelled to India with both H-1B I-797 and I-485 EAD/AP (Validity was 1 Year) and returned a couple months back; chose to return on I-485 AP because could not get a Visa Drop Box Appointment. New I-94 received upon entry is only valid till AP expiry date; which is prior to H-1B I-94 attached to I-797 (Sept 2023). No change of Employer before or after the travels - return to the same employer.

a) Does the use of AP on returning mean the H-1B status is abandoned in this case?

b) Will I fall out of status after August 2022 - based on this new I-94 with AP entry?

c) Can the already approved H1B status be reinstated (if it was abandoned) and also be extended like regular H1B extension after 2023 - if yes, would that need a travel out of the country before August 2022 and return on H-1B visa stamp?

 

FAQ Transcript

a). Although you entered the United States on advance parole this time you are still considered to be holding a H-1B status. That is not disturbed by your exit and entry.

b). The I-94 that you get with the advance parole entry is limited and hence it should not be a problem. You should be able to transfer employers. You definitely can amend or even extend your H-1B within the United States. I am not aware of any limitations on the ability to use the H-1B for a transfer.

c). Yes you can always revive an H-1B. If the H-1B has expired, you can seek a renewal of the H-1B through the USCIS and then go outside the USA (your home country or any country) and get a H-1B visa stamp and come back.

 

 

Note: Where transcribed from audio/video, 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.

Can I use an approved, but never used, H-1B petition to transfer to a different company?

2 years ago By Chief Editor
Question details

I have had an approved H-1B petition since 2010 but never used it. Can I reuse that petition and obtain an H-1B transfer to a different company? The old company who has filed H-B petition has not withdrawn it.

FAQ Transcript

The problem I see is that the approval is too old. A never-used H-1B approval obtained more than six years ago may not be viable. But, you can have it researched further. I suggest you look into something called the” remainder option.” Although, it is probably not applicable to you, but your lawyers should make sure of that.  Normally, the remainder option is available for people who were employed for a while in the USA on H-1B. These folks, if they go outside the United States for one year after the H-1B employment, can get the time remaining on their H-1B without regard to when it was approved.

 

Note: Where transcribed from audio/video, 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.

DHS Withdraws H-1B Selection Final Rule

2 years ago By Chief Editor

Release Date 

The Department of Homeland Security has published a final rule that withdraws the Modification of Registration Requirement for Petitioners Seeking to File Cap-Subject H-1B Petitions final rule, also known as the H-1B Selection Final Rule, issued Jan. 8, 2021. That rule was vacated by the U.S. District Court for the Northern District of California.

Rajiv's Article - Republicans attempt another shot at H-1B and OPT

2 years ago By Chief Editor

Published by: The Economic Times - Date: December 20, 2021

Synopsis
According to the U.S. Bureau of Labor Statistics, the number of job openings has increased to a record 11.0 million. The 27 million small businesses, responsible for almost 50% of the GDP, are the most severely affected. They cannot find workers. A Bill like this would destroy them.
 

For more on this article please see the attachment below.

Dec 23, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

2 years ago By Chief Editor

Nonimmigrant Visas

Green Card

Discussion Topics: FAQ: L-1B or TN visa for intracompany transfer - advantages and disadvantages || STEM-designated MBA - is it easier to get an H-1B visa?|| Parent's EB-2 approved, EB-3 downgrade pending, - will aging-out child's EAD interfere if EB-2 advances, and the best way to maintain the status of a child turning 21|| Do we have to refile PERM or I-140 0r I-485 due to corporate restructuring/successor-in-interest

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