Published by: Live Mint: April 01, 2023
https://www.livemint.com/news/world/us-h1b-visa-exclusive-ways-to-impro…
Quotes and Excerpts from Rajiv in the article:
Immigration expert Rajiv Khanna cited, there are ways to increase your chances of being selected in the lottery process, such as having multiple employers file for the same employee.
My sister is in India and the prospective groom is a US citizen. They have concerns about how to proceed with marriage and relocation of the girl to US in a timely manner (prefer not to wait more than a year for marriage/ living together post-marriage for personal reasons) Current fiancé visa processing time seems to be 15 months. It was not this long pre-covid, realistically can this processing time reduce this year? If they do marriage in India first, what’s the quickest way for her to come to US and how long would it take She has a valid B1. Can she travel on that to US post-marriage for 5-6 months only without any risk to her green card application? She is trying to get an L1-B visa through her current company. Will that visa approval be affected if they get married in the meanwhile? In short, what is the quickest path for her marriage & relocation to the US right now?
She can travel with a B-1 visa as long as she tells the truth. L-1 and H-1B visas are the quickest paths.
I got my H1B visa approval recently and I have got my stamping date in May. My company is going through a bad phase financially and has had 2 layoffs (might do another layoff in next few months) I go to India for stamping and get laid off before getting my visa stamped (Can I come back to the US with 60 days left? Can I get my visa stamped if my company pays me for another month or so considering that my last day is a month later? Can I get my visa stamped even if my last day has passed)I go to India for stamping and get laid off after getting my visa stamped (can I come to US and do my job search) If I get laid off while in India but have an offer letter from another company (H1B transfer done/ transfer to be done after returning to US)
This is a pertinent question. I don't think you should go for visa stamping if you have been laid off. If you do go, you should make it clear to the consulate that you have been laid off. However, under the law, you have a 60-day grace period during which you intend to apply for another job. I don't think it's going to work like that. I don't remember the details of the regulation off the top of my head, but I think there might be some restrictions against travel.
An offer letter is not good enough just to get the H-1B approval. Then, I don't think there's a problem with traveling.
Discussion Topics:
I'm on H-1B with employer A and am currently in the PERM process(recruitment done). I'm in India right now and would like to know what happens if:
1) PERM approved and i140 filed; (while I'm in India)
2) Receive PERM audit; (while I'm in India)
3) I-140 approved and Post I-140 approval; (while I'm in India)
Do I need to return to the US in any of the above scenarios? Any worst-case scenarios I should keep in mind?
1. No problem.
2. No problem.
3. No problem.
Do discuss your long-term plans with your lawyers.
My wife is on H-1B visa working for a consulting firm. We are expecting baby in Feb 2016. What could be the maximum allowed time period on FMLA. Can my wife continue on H-1 status without pay checks on FMLA period?
If she considers to be in H-1 status FMLA (Family and Medical Leave Act) allows up to 12 weeks of guaranteed employment leave in 12-month period. It can be more or less also depending on the state law and remember if there is a medical need, for e.g. if the doctor says you have some medical issues you need to stay extra 6 weeks you will still be in status.
1. I-140 didn't get approved but received a GC-EAD card approved for 2-years along with advance parole. Is it fine to travel to India for 2 months or for how long staying from the US is valid while on EAD?
2. I didn't need to worry about having a valid visa while returning to the USA, just advance parole will suffice for return?
3. Prior to getting GC-EAD I was on H4-EAD, due to family issues I may seek a divorce. Now that I have GC-EAD will divorce affect my current status or upcoming Green Card? or should I wait until the Green card is through?
4. I have been an Owner of an Inc company while on H-1 and H-4 and H-4 EAD, but I haven't taken any profits or pay-stubs, except for signing on Company Tax returns. Does this situation restrict me from getting a Green Card? or since I have already received GC-EAD under the EB3 category, should I stay positive that I will receive GC in the near future?
1. Sure. EAD allows you to work, but advanced parole allows you to come back.
2. The law is if you return to the same job that you were doing on H-1B even though you used your advance parole you are still considered to be on H-1B.
3. I am assuming that the green card was filed by you and not your wife so the divorce has no effect on you.
4. I do not see any obvious violation of the law. I am just suspicious of that time you were on H-4/H-1 and had your own company. The only time you are completely free is when you were on H-4 EAD.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
My son got his H-1B approved on consular processing this year which also happens to be the first year on OPT. His F-1 Visa expired in June and he is unable to travel to India for lack of slots for H-1B stamping I wish to know the following:
1. No.
2. Yes, because remember he has deferred his H-1B change of status by requesting consular processing
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.
I am an Indian national living in India now, working on H-1B from 2006-2011 for a small consulting company based in NY, US,. They have filed my EB2, I-140 and it got approved in 2009. I returned to India due to my personal situation in 2011. So I moved my case to Consular Processing in 2012. I got my date current during the last year 2021 and the Mumbai Embassy scheduled consular processing Interview was scheduled for last month. As soon as I received the interview call I found my sponsoring company in the US has their business. Hence, I have skipped my interview to avoid GC denial and retain the priority date.
1. They can both apply.
2. The answer is no you have to go through PERM I-140 again and you will keep the priority date from the old case.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
My wife is on H-1B and became aware of her project end dates. We are currently evaluating the options of H-4 EAD.
Question: My wife is on H-1B and became aware of her project end dates. We are currently evaluating the options of H-4 EAD. Can we file H-1-H-4 transfer and EAD concurrently?
Let's take the situation where you are filing H-1, for you yes I do not see any problem with it. If you are doing H-1 transfer, you can do her H-4 and EAD concurrently. However, if you are trying to do H-1 transfer for her along with H-4 EAD simultaneously, that can become little complicated. But I don't know what exactly you are trying to accomplish. If you are trying to cover both basis I would recommend to do an H-1 premium processing and then file an H-4. Let one status accomplish before you apply for the next status. If you want to do both simultaneously make H-1 premium.
Question: Do companies hire full time on H-4 EAD?
That depends upon the company. EAD holders has all rights almost equivalent to the Green card holder. So if the employer knows what this EAD is or they have good legal advice they should be able to hire full time on H-4 EAD.
Question: What are the benefits of H-4 EAD over H-1?
Some really big benefits. One benefit is there is no requirement of a particular salary. Number two is there is no requirement of specific job location. An H-4 EAD holder can work 3 hours in one job, 5 hours in another job location or 10 hours and then keep switching from job to job if they want. There is no limit on how they work. They can even start their own business. So those are some of the big advantages of H-4 EAD.
The biggest disadvantage is because the status depends upon the H-1 holder, something goes wrong with the H-1 status; they get laid off or they fall out of the status then the H-4 status is also in doubt.
Question: Do I recommend to convert to H-4 EAD?
That depends upon the case.
Question: What are the risks associated with the conversion?
From H-1 to H-4 not much risk that I can see.
Question: What is the typical timeline?
That is very tricky. We had a tweet exchange couple of weeks ago with the community member who said that; his wife's EAD got approved in couple of weeks. My office was reporting that H-4 EAD combine can take months. A few months ago they were only taking a couple of months. So few months is not an extraordinary for H-4 EAD combo. If you are doing EAD alone, already your wife is on H-4, it might be quick. Technically there is 90 days’ deadline on the government to decide these cases of EADs. How far they follow it I don't know.
1) I-485 Filed under EB 3 Downgrade - More than one year back and pending
2)Independent I140 Approved both in EB2 and EB3 (Not as Amendment)
3) Currently working on H1B Work Authorization
4) I-485 EAD and AP Available but never used (EB3 Category)
Questions: -
1) If you change your job but by transferring your H1B (Change of Employer) and NOT use EAD, would the AC21 still apply (Same or Similar Job constraint) if you want to keep the I-485 alive?2) You said the last call that for Same of Similar Determination - USCIS Looks at all aspects:
a) Do the Job Duties and Actual Job Title need to be a dollar-to-dollar match?
b) Job Location Changes (One City/State to Another) and Job Mode Changes (From Onsite to Hybrid or Fully Remote) - Allowed?
c) Compensation Differentials - Positive or Negative - Any specific considerations/grey areas
1. Absolutely fine. There is no law that states that in order to enjoy job portability you must necessarily use your EAD. In fact, in ninety nine percent of the cases I would advise you to transfer on H-1B simply because if there is a problem with your I-485 we are on solid footing to fight it out, otherwise you would be out of status and unlawfully present if your I-485 is denied. Hence definitely keep your H-1B active.
2. That depends. It doesn't have to be a one-on-one match job location. You can move from one state to another as this is a part of AC21 compensation. The only time you will have a problem is if the compensation is unexplained and it's a huge jump. Always ask an attorney who understands your situation to review your file.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
1. Currently, I am on STEM OPT, working with my DSO-approved employer. My uncle wants to start a company and asked me for my help. So, an I help him without being an employee of his company?
2. Is active professional volunteering to a family member's company a violation of the F-1 STEM OPT status? I hold a Professional Engineer's license. If I let him use my license for his company, will that be ok under my current immigration status?
3. Can I be a partner in the company and an employee of the company if my uncle hires me as an employee?
1.The volunteering issue is a complicated one. When you are volunteering for charitable affairs or religious matters, I don't think there is any problem. The moment it starts getting into the realm of commercial volunteering it could potentially become an issue. Under the Fair Labor Standards Act (FLSA) private companies cannot take free work.
2. I personally think it is not a violation of your status. As for using your license for his company that could become problematic because the implication is that you are working for that company now. Remember under STEM OPT you can work for multiple companies, but you have to get approval from school for that.
3.The answer is Yes. Under OPT as well as under H-1B. As long as you have a genuine employer, employee relationship.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Hello, this is for my niece, a 28 years Engineering graduate from India, with 4 years of IT development work experience. She got her name in H1b lottery through a small consultancy firm and the consultancy firm is asking us to pay H1b fee to proceed further. But in her case, she have had a F1 student visa denial about 3 years ago and so we are debating if she stands a chance to get H1b or is it more likely to get denied again since she is coming through a smaller consultancy firm. Any advice will be highly appreciated.
The H-1B fees and expenses must be paid by the employer. It is illegal for them to demand any fees from a potential employee.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
FAQs: Impact of job changes on pending I-140 and/or PERM applications for H-1B holder || Recommendation letters for EB-1A applications ||What happens if you stay outside the U.S. for more than 8 months as a permanent resident
As previously announced, on March 27, 2023, U.S. Citizenship and Immigration Services (USCIS) received enough electronic registrations during the initial registration period to reach the fiscal year 2024 H-1B numerical allocations (H-1B cap), including the advanced degree exemption also known as the master’s cap.
The H-1B electronic registration process, implemented in 2020 beginning with the FY 2021 H-1B cap, has dramatically streamlined processing by reducing paperwork and data exchange, and provides an overall cost savings to petitioning employers and USCIS.
If your company files a new PERM for a different role within the same organization after your initial I-140 is approved, will the initial I-140 still be active?
If your employer revokes your initial I-140 more than 6 months after it is approved and you move to a new role within the same company, is there any risk involved?
Will every organization need to apply for a PERM again in the future if you switch employers? Can you work for an organization that is not ready to start your PERM process, and can you use your previous approved I-140 to extend your H1B for a new employer?
If you lose your job post I-140 approval and don't find a new job within 60 days, can you still apply for jobs while outside the United States? Will your last approved I-140 still be active?
What are the cases or situations in which you can lose your I-140 or priority date (i.e., your approved I-140 is revoked)?
When filing for the permanent labor certification (PERM) application, it is important to file from the corporate headquarters instead of a branch or sub-office, especially for consulting jobs or jobs that can be transferred to different locations. This is because the U.S Department of Labor considers the corporate headquarters to be the job site for transferable jobs. After the I-140 is approved, the priority date belongs to the individual even if the I-140 is withdrawn, unless it is revoked for fraud, misrepresentation, or an obvious error. Additionally, as long as the I-140 stays approved for 180 days, the individual has the right to extend their H-1B beyond six years with any employer, even if the I-140 is revoked. After 180 days, the employer can revoke the I-140, but it does not affect the individual.
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Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney Rajiv Khanna
FAQs
- Switching employers while one's spouse is on an H-4 visa and the steps to ensure a smooth return to the U.S.
- H-1B or green card misrepresentation: Legal options and consequences for fighting back against USCIS
- Options for extending stay in the U.S. after layoff as an international student pursuing a Master's in IT
- Potential visa complications for an H-1B visa holder due to past employment with a blacklisted company and alternatives for obtaining an H-1B stamp
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Published by: Live Mint: May 04, 2023
https://www.livemint.com/news/world/us-visa-process-to-tighten-up-amid-…
Quotes and Excerpts from Rajiv in the article:
Published by: Live Mint: April 03, 2023
https://www.livemint.com/news/world/if-h1b-visa-holders-lose-jobs-can-s…
Quotes and Excerpts from Rajiv in the article:
Immigration expert Rajiv S. Khanna stated regulations aim to provide greater opportunities for skilled foreign workers and their families to settle and contribute to the US economy.
Hello, I have been laid off from Amazon, and I am unemployed since March-20, I got one offer from another company, and they did my immigration assessment, they told me that I do not have enough time and its difficult to ensure that I will not go out of status within this time saying that they have rejected my application. If I just file LCA my unemployment days will stop, or they will have to file my H1B change petition only then will I be able to save my status. Also, will I get 60 days grace period for each H1B petition?
Filing an LCA is not enough. In order to stop the running of the 60-days grace period and to start working, your H-1B transfer petition must be received by the USCIS within the grace period.
The grace period is not a one-shot deal. You will get it whenever you are in the layoff/cessation of employment situation again.
If I change my employer while my wife is in India on an H4 dependent visa, will she be able to return to the US even though her visa stamp bears my old employer's name? She has valid stamping till Sept 2024. What steps should we take to ensure a smooth return to the US for her?
No, it is not a problem as long as you maintain your H1-B status. Whether you have changed employers or are in the 60-day grace period, she can return on her H-4 visa without any issues. Even if her visa stamp bears the old employer's name, it does not matter. There are no specific steps to take in this situation as it is perfectly legal.
1. Have you taken cases of H1B or GC fraud or misrepresentation?
2. What are the consequences if caught - Just losing status and deportation? Can it lead to Jail in any case?
3. Can we fight back in court to justify our case and win against USCIS?
Yes, our firm has taken cases involving H-1B or green card fraud or misrepresentation for about 30 years. Our focus is on employment and business-based immigration and related cases. Our firm has also assisted criminal defense teams in similar cases. If caught in a fraud or misrepresentation, the government can choose to prosecute you criminally since most immigration papers are filed under penalty of perjury. This can result in imprisonment for up to five years, as felonies are serious crimes. From an immigration perspective, a misrepresentation or fraud can lead to a permanent bar from entering the United States, causing you to lose your stay and potentially be unable to return. However, if you did not intentionally lie or the misrepresentation was immaterial, you can fight back in court by asserting defenses such as lack of intent or immateriality. For example, if a minor detail unrelated to the visa decision is misrepresented, it may not be considered material. These are some of the grounds to consider when fighting against misrepresentation. If you don't have any valid arguments, it may not be worthwhile to fight your case.
I came to the US in Aug 2015. Completed masters in 2017. Started OPT on 07/2017. When applying for OPT EAD I joined employer AZTech Technologies. I joined as an intern and was there for like 4 months. He responded for 2 months during training, after a couple of months employer did not respond at all. I got a doubt and found another job and moved to a different company. Later I got an H1B and I 140 approved. I am planning to go to India this August 2023. Recently I found out through social media that the company I joined in the initial stage of OPT EAD was a black listed company. Most people who joined those similar companies' visas got rejected when they went for stamping. I am going for H1B stamping. Will there be a problem in my case? Could you please advise me in this case? In an emergency situation, I need to go to India. I heard from some friends and social media groups out of my research that I can go get stamping done in other countries and then travel to India and can be back to the US.
Firstly, it is crucial to be truthful and transparent about your employment history. Attempting to hide or misrepresent any information can have serious consequences. If there is misrepresentation in your background, it is possible that you may be barred from entering the United States permanently. Unfortunately, there may not be much we can do to change that outcome.
It is advisable to consult with an immigration attorney who can assess your specific circumstances and provide personalized advice based on the current immigration laws and regulations.