Guestbook Entry for Madhumita Joshi, United States
Name
Madhumita Joshi
Country
United States
State
Arkansas + New Jersey
Search
Filing two quota H-1 petitions simultaneously through different companies
Question details
1. Is there any legal restriction to have two H-1B petitions from totally unrelated employers in the lottery to double my chances of getting H-1B?<br>
2. I do not intend to inform both the companies. Will they ever know that another company has also filed H1B on my behalf?<br>
3. What will happen in case both my H-1B petitions are approved (chances are rare). Can I join any company?
<br>
4. I also want to ask, is there any possibility USCIS can trigger RFE or NOID in case both H-1B petitions get approved?
Video Transcript
FAQ 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.
Understanding H-1B Requirements
This guidance provides you with some key requirements you must fulfill to apply for an H-1B Visa. For each requirement, USCIS has included forms of evidence that you may submit to meet the requirement and other tips to help you prepare your petition.
For more visit this USCIS link: Understanding H-1B Requirements
PERM CMS Will Allow Submission Of Electronic Documentation, Beginning On And After 4/15/17
The new change to the PERM CMS will allow submission of electronic documentation beginning on and after 4/15/17 as announced by DOL.
Please use this User Guide which is designed for employers and attorneys/agents, describes the fundamentals of the Web-based system, including registering, logging in, preparing PERM application, and managing your user account.
Guestbook Entry for Rajasekhar, United States
Name
Rajasekhar
Country
United States
State
MN
Comment
I completed my Masters program in Forestry at Stephen F. Austin State University (Texas). I accepted a professional position at Minnesota Department of Natural Resources (Forestry). My wife and I had some concerns and wanted some stability as our daughter (first child) was born recently. We contacted Attorney Khanna and he immediately called home and advised me to convert to H1. My Supervisor and higher ups gave a very favorable reception. Attorney Khanna and his staff demonstrated high professionalism resulting in me getting my H1 status. We (myself, my wife Esther and Hannah - our little one) want to take this oppurtunity to convey our sincere gratitude for all the consideration and timely help. I express my best wishes to Attorney Khana and his team in their endeavor. D. Samuel
USCIS targets employers for H-1B investigation unverifiable, H-1B dependent, and off site consultants
From Rajiv: To identify employers who are abusing the H-1B visas, USCIS will now target for investigation three specific types of H-1B employers: unverifiable, H-1B dependent and consultants working at client sites.
USCIS Release
Agency Creates Avenue for American Workers to Report Abuse
H-1B for Programmers - 2017 Guidance
Note From Rajiv:
There is nothing new in this memo that we have not encountered before. What USCIS has said in this memo is that the IT title “Programmer” is not necessarily a job that requires a degree AND further a degree in specific discipline. If we claim otherwise, we have to prove our case. We have to do that in many, many cases anyway. Like I noted earlier, this is not new.
Justice Department Cautions Employers Seeking H-1B Visas Not to Discriminate Against U.S. Workers
Department of Justice
Office of Public Affairs
Monday, April 3, 2017
USCIS Announces Further Measures to Detect H-1B Visa Fraud and Abuse Inbox
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) today announced multiple measures to further deter and detect H-1B visa fraud and abuse. The H-1B visa program should help U.S. companies recruit highly-skilled foreign nationals when there is a shortage of qualified workers in the country. Yet, too many American workers who are as qualified, willing, and deserving to work in these fields have been ignored or unfairly disadvantaged.
Form I-698 Update
USCIS recently updated the following form:
Changing employers after 6 years of H-1 are over
Question details
1. With my approved I-140 from Company B can Company C use that to file my extension for 3 years. I have a copy of approved I-140. Is it safe to change companies in the 6th year. <br>
2. Using the approved I-140, I have filed H4-EAD for my spouse in Feb 2017 and is yet to receive the EAD approval. If I get it will be only valid till Nov 2017 based on current I-797 validity. So, if H1-B is approved for Company C, can I file extension of H4-EAD 120 days before validity based on that approval. If EAD is provided, it is going to expire on Nov 2017 based on the H1-B's current I-797.<br>
FAQ 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.
H-4 EAD changing back to H-1
Question details
1. Had H-1B petition approved in 2015 through consular processing while residing outside the USA? But did not get stamped for H-1 but came to the USA on H4 visa. Currently working as an employee on H-4-EAD. Can I change my status to H-1B from H-4, If Yes - Will it be treated outside H-1B Cap?<br>
2. Do I have to leave the country and get stamped and re-enter with H-1B status?<br>
3. Will I get a new I-94 with latest 1 yr or 3 yrs approval? <br>
4. How many days will the process take to change status?<br>
5. Can I continue working while the COS is in progress or pending with USICS as I would like to continue working without a break? Also, do I have to go back to the same petitioner who applied for H-1B visa or can I transfer it to a different employer?
Watch the Video on this FAQ: H-4 EAD changing back to H-1
Video Transcript
FAQ 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.
Doing business in the USA on a B-1/B-2 visa
Question details
1. Am I allowed to travel to the USA as a B-1 business visitor? How many times in a year and for how long can I stay in the US for my business trip?<br>
2. What kind of paperwork would I be asked to show at the port of entry?<br>
3. B-1/B-2 visa stamp is valid until 2026; Do I need to renew it every time before travelling to the US by going to the US consulate or any other office?
Watch the Video on this FAQ: Doing business in the USA on a B-1/B-2 visa
Video Transcript
1. B-1/B-2 are mixed used visas. You can do pretty much everything on these visas. <br>
FAQ 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.
Guestbook Entry for EYG, United States
Name
EYG
Country
United States
State
AR
Comment
I recently got my I-485 approval. The whole process took 28 months. Mr Khanna and his staff in particular, Ms. Diane Lombardo and Ms. Suman Bhasin, have done such a marvelous job. I cannot describe my thanks in words. Mr. Khanna has a very well organized, knowledgeable, reliable, and efficient team. They know exactly what needs to be done and are always available to answer questions. I would definitely recommend Mr. Khanna to anyone who needs a legal help on immigration issues. Again, thanks Mr. Khanna, Ms. Batista, Ms. Suman Bhasin, and Ms. Diane Lombardo for your help.
Do jobs have to be same or similar when I port my priority date?
Question details
1. I'm on H-1 visa and on my 8 th year ...visa is getting extended based on I-140 approved. I'm getting an offer to join different company end client(currently I'm with the consulting company) designation not decided yet. In my current employer, I am manager and wondering if I get a different position in other company like Director or solution architect or Sr Manager...and if I join that company what effect that will make on my current approved I 140 or GC process. Is this safe to jump? I heard job category needs to be same or similar in various forums for PERM but I don't have clarity or understanding what that rule is and....how that thing impact my situation.<br>
2. I have not filed I-485 yet since my priority date is back in 2013 in EB2. Also, my wife has H-4 EAD does that impact as well?
Watch the Video on this FAQ: Do jobs have to be same or similar when I port my priority date?
Video Transcript
FAQ 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.
H-1B Visa Changes
Discussing various changes taking place in H-1B visas.
Employment Authorization Documents Issued by the Potomac Service Center
On April 17, 2017, the Potomac Service Center (PSC) will begin handling corrections to Employment Authorization Documents (EADs) that were issued by the PSC that may have incorrect information due to USCIS error. Previously customers were instructed to send EAD’s issued by the PSC to the Nebraska Service Center to be corrected.
Is it legal to do business in home country while working in USA on a visa?
Question details
I am a Canadian citizen currently working in the U.S. with a TN visa.
I am planning to start a Canadian business part time with a partner in Canada (also a Canadian citizen).
I've read that starting a U.S. business is not allowed while I'm working in the States with a TN visa, but I cannot find sufficient information online about whether I can operate a Canadian business part time while I am in the states as a Canadian citizen.
Video Transcript
FAQ 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.
Consequences of I-140 revocation
Question details
1. Consequences if revoked (I-140) within 180 days. Benefits, if unrevoked(I-140) for 180 days and end date at work still be May 15th (or, should I ask my employer to EXTEND my end date until end-of-June so I complete my 180 days of I-140). <br>
2. How question (1) above will impact H4-EAD which is under processing. if approved before May-15th H4-EAD is still valid and can be used ?<br>
3. Does it mean after May-15th (last day at work) I have 60 days grace period to look for a new employer who sponsors my H1-B?
Watch the Video on this FAQ: Consequences of I-140 revocation
Video Transcript
1. If I-140 is revoked within 180 days of its approval you only get to keep your Priority Date. You do not get to keep your right to extend your H-1.
FAQ 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.
Form I-914 Update
USCIS recently updated the following form:
USCIS Reaches FY 2018 H-1B Cap
Release Date: April 7, 2017
Recording of Free Community Conference Call (Every Other Thursday), 6 April, 2017
Immigration.com
Green Card
Guestbook Entry for Arul Palanivelu, United States
Name
Arul Palanivelu
Country
United States
State
ID
Comment
I got my Immigrant Visa thru Consular Processing on August 2000. Law Offices of Rajiv Khanna helped me through the process. His staff were generally helpful and knowledgeable. Among other things one I most appreciated was the fact Rajiv made time to reply every e-mail queries I sent and return every phone messages I left. That was re-assuring during various stages of the process. I will certainly refer them to anyone who wants immigration/non-immigration services.
I have been working with Mr. Khanna over the past decade to resolve my green card application. It has always been a pleasure to talk to him. He gives his advice in a timely and appropriate manner and has provided free telephonic counsel to me for visa issues concerning my family members - SEVERAL YEARS AFTER MY GREEN CARD WAS OBTAINED. I believe he goes above and beyond his duties to serve his countrymen. We really appreciate his timely advice on several occasions. Best wishes for a very successful practice in years to come.