Rajiv's Article - Will the petition against H-1B visas harm you this year? - The Economic Times
Published by: The Economic Times - Date: February 15, 2021
Published by: The Economic Times - Date: February 15, 2021
We have an appointment set for the K-3 interview in Nairobi. Our I-130 Petition has been approved, IV fees payed and documents submitted. We have not seen each other since 12/08. If we go forward with K-3 processing, what are the negative consequences? Will my approved I-130 be cancelled?
In your case, a K-3 cannot be issued. You must wait for IV.
If an I-130 is approved, K-3 can still be approved if the consulate has not yet received OFFICIAL notice of approval of I-130. Note that your I-30 will NEVER be canceled.The recommended practice in K-3 cases is to indicate on the Form I-130 that the beneficiary will apply for AOS. Nevertheless, it is too late for that now. If they have received official notification, then an immigrant visa (green card will be issued) after processing locally. It should not take too much extra time.
My 10th yr H1B extension/my wife H4 was filed and got rejected. Following are the details.
H1B/H4 filed: March 1st 2009
RFE was issued in April
RFE replied: May 6th 2009
H1B/H4 denied: June 1st 2009
Our H1B/H4 I-94 expired: Apr 10, 2009
My company wanted to do a) file appeal and b) a brand new H1 with vermont center(along with original RFE/denial letter etc.).
1) While appeal is pending, if we don't file a new H1B, what is my status? Am I considered to be in status?
2) While new H1B is pending, what is my status? Am I considered to be in status?
3) Can we file brand new H1B through the same company while appeal is pending?
4) Can I work for my employer while appeal is pending, without filing new H1B?
5) Can I work for my employer while new H1B is pending?
6) Since my I-94 is expired, if we apply for H1B while appeal/MTR is pending, if it is approved, will I get the approval along with I-94 or with no I-94 at the bottom of the approval. I heard that in some cases they gave the approval from the date of new H1B petition.
7) When does the time for 180 days(towards 3yrs bar) start? Is it from my I-94 expiry date (or) my H1B petition denial date.
1) When an H-1B is denied and your I-94 has expired, your out of status immediately upon denial AND you are accruing unlawful presence. An appeal or an MTR does not give you status nor does it stop the running of unlawful presence.
2) You are still out of status AND unlawfully present because the new H-1 was applied after your I-94 expired.
3) Too many variables. Generally speaking, USCIS is supposed to hold a new case pending if an appeal has been filed on exactly the same case.
4) No.
5) No.
USCIS has received a sufficient number of petitions needed to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year (FY) 2021.
As of June 19, 2009, approximately 44,500 H-1B cap-subject petitions had been received by USCIS. Approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions.
Published by: Light Reading - Date: July 31, 2003
Topics: H-1B holder owning illegal stocks || B-2 visa extensions or alternatives in domestic abuse situations facing parent in home country || Merger effect on priority dates if EB-2 to EB-3 downgrade rejection and H-1 transfer || H-4 to F-1 change of status and aging out || Different I-94 expiration date on I-797A || I-485 downgrading from EB-2 to EB-3 || EAD-AC21-Self Porting || Name variation issue for immigration and Instructions for the 2021 Diversity immigrant visa program || Issues when priority date for EB-2 is getting closer to cut off || Plans after PD becomes current and responding to RFE based on EB-2 India I-485 adjustment of status || Questions regarding L-1A visa extension or renewal expiration while GC pending || EAD and AP Renewal under Category (c)(9) - Receipt notice delays || I-140, EB-2 NIW visa approved: Estimate time taken for an interview
I'm on H1B working in USA. My visa was expiring in May, so my company applied for H1B and H4 (for my wife) extension in April.
In May 1st week, my wife got admission & assistantship in one of the university. She returned to India on May 20th and she got her F1 visa stamped from India.
Now we are very much concerned that what will happen to my H1 and her H4?
1) Since she has F1, will it affect H1/H4 processing?
2) Do we have to apply for H4 withdrawal in order to maintain her status as F1 ? If so, is it possible for you to apply withdrawal on behalf of us? What is the fee you charge for the same?
3) Is it possible to have F1 and H4 both together at the same time?
4) Since my Employer is a large company and they have filed H1-H4 on behalf of us, is it possible for an outside agency to file H4 withdrawal? And will the H4 withdrawal application affect my H1 visa extension application?
1. H-4 is her personal application. All she needs to do is send a letter to USCIS stating "I hereby withdraw my application for H-4." Attach a copy of the fee receipt for H-4 application that comes from USCIS. I see no need for you spend money on legal fees, but that is your choice.
2. If nothing else works and she does get the H-4 approval, just have her step outside USA and reenter on F-1 visa and get a new I-94 from CBP at the airport.
3. Generally speaking, no.
CBP issued Fact Sheet offering guidance on automatic revalidation for F-1, J-1 and M-1 nonimmigrants. Pursuant to 22 CFR 4 1.1 12 and 8 CFR 214.1 automatic revalidation applies to expired nonimmigrant visas of aliens who have been out of the U.S. for thirty days or less in contiguous territory (Canada and Mexico).
For Fact Sheet please check the attachment.
I had a question about the H4 extension for my daughters.
My H1B visa is stamped until 10/05/2009 for my earlier employer A,when my current employer B transferred my H1B the new NOA had a validity date of May 2010.
My daughters have a valid H4 visa until May 2010
When I returned back from a visit to India back to the US the official at the Port of entry stamped our I-94 until the expiry of the H1B visa for Emp A for oct '2009 for the whole family.
I entered the US on a B1/B2 visa in febuary 2007, and then changed my status to F1 in May 2007. I enrolled into a 1 year certificate diploma program and started attending school in June 2007. I completed the program and in Fall 2008, I transfered and enrolled into a Master's program at a prestigious university. I have completed 1 year of study and I am half way through the program. I am intending to visit my home country this summer. I would like to know the procedure to obtain the F1 visa stamping. I wish to travel and come back while I am a student. I have obtained my SSN and my Driver's License as well. I have also signed a lease for my apt for the next 1 year. I have always maintained legal status till date. I have working on campus for the last 6 months. I would like to know about the chances of getting my visa stamped before coming back to continue my studies. I am very confused listening to people and I really need some good advice. Its been close to 3 years now and I really wish i can get to see my family back home. I will really appreciate any advices and help. I dont know what kind of questions will be asked in the interview. Also the probability or obtaining the visa stamp. Please tell me what is the best way to approach this and the best thing that I can do.
Chances of getting an F-1 visa are remote. I would want you to reconsider the trip. The biggest problem here is, unless you declared to the consulate that you intended to convert from B to F status, they are likely to consider you to have misrepresented your true intention when you obtained/traveled on B visa.
***President Biden has revoked the Trump Visa Ban IN RELATION TO GREEN CARD PROCESSING ONLY. It should be effective today, Feb 24, 2121. It might take a few days for this to be fully implemented, but the consulates will still operate under the COVID precautions needed locally.
***OPT Students. Rajiv has sent a letter based upon the difficulties he has been asked to address in the last two weeks.
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I have a question on the new very scary and confusing interoffice memo (May 6, 2009) that the acting associate director of USCIS issued regarding unlawful presence. I am currently on EAD/AP since the expiration of my 6 years of H1-b visa on september 3, 2008 with my I-140 approved and my I-485 (PD-october 2, 2004, EB2) pending. According to the example 2 (page 10) of this memo-, anybody with an expired non-immigrant visa is subject to deportation even though his I-485 was filed properly when that person was in proper non-immigrant status and the petition is still pending. My understanding was that once an AOS is filed, I am authorized to stay here and work on EAD and go in and out of USA on AP until that petition is denied. When did this law change?
That example does not make any sense. It appears to be more a clarification of a concept - NOT practice. Do NOT worry. You are fine. If someone has not already done so, I will write USCIS next week after reviewing the entire 51 page memo carefully. Do NOT lose sleep over this.
Discussion Topics, Thursday, 04 March 2021:
FAQ's: How to deal with H-1B employer paying salary less than required || Green Card Renewal - Do I have to be employed in a similar job?
Other Topics: Downgrading from EB-2 to EB-3: Interview process, job responsibility, wages and period of time to change jobs || | If approved EB-1C and GC (consular processing): Impact of delay to move to the US || AOS versus NVC processing for family members in different status || Upgrading to premium processing, while service correction to I-140 pending/options if, spouse moves to EB-3 || Documents required for parents GC || Spouses changing from EB-2 to EB-3 with a new law firm and service center || Maintaining status || Impact of H-4 EAD expiring on spouses || Time estimate for pending asylum review || Impact of moving to a new office branch with AOS pending || Parent on I-140: Impact on 19-year-old son and CSPA || Green Card through Brother or Sister
I am currently working for a Non-profit org on a cap-exempt H-1B. and my company initiated my GC processing. Below are the few questions:<br>
1. Is the GC processing any different thru a non-profit from a for-profit organization? meaning, is it any advantageous to process my GC thru a non-profit?<br>
2. Can my I-140 from a non-profit be transferred to a for-profit org, if I was able to move to a for-profit org?<br>
3. What are the possible ways that I could move to work for a for -profit organizations? From your previous calls and thru my research I found out below few ways that I could to that. Please give your inputs<br>
a. Finding a profit employer to file my cap-subject H1 (Can I start working for my new employer as soon as my H1b is picked in the lottery or approved, instead of waiting till Oct 1st?)<br>
b. If a new employer sponsor my cap-subject H1 and if I dont move to the new employer, will my current cap-exempt H1 be still active and should I have to go under the cap next time I file a Cap-subject H1<br>
c.applying for concurrent H1b<br>
d. Moving on to H4EAD and filing a H1b next April<br>
e.Joining a Masters CPT college and filing a Cap-subject H-1B next year
Video Transcript
1. The answer is No. There is no advantage in going through for-profit or non-profit that's just irrelevant.
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.
FAQs: - Effect of I-140 revocation on priority date - H-1B extensions through any employer - Is there any law to provide legal stay to the parent of US citizen child with disability? - Status of off-site placed STEM OPT extension students - how does one change status while within the United States?