General Nonimmigrant Visa

Successful lawsuit for H-1B extension of stay

2 years ago By Chief Editor

We filed an H-1B extension petition for a small software company that offers customer software and technology solutions to the local clientele. USCIS approved the classification portion of the petition, but denied the portion of the petition requesting an extension of stay. USCIS stated that beneficiary had failed to maintain his nonimmigrant status because his H-1B status had expired prior to the filing of the H-1B extension petition and he was only in an authorized period of stay because of a pending extension request from the previous employer.

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Rajiv's Comments in the News - As H-1B employees return to their workplace, compliance obligations arise

3 years ago By Chief Editor

Published by: The Times Of India - Date: October 02, 2021

Quotes and Excerpts from Rajiv in the article:

Sept 30, 2021, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

3 years ago By Chief Editor

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Green Card

Discussion Topics, Thursday, September 30, 2021:

FAQ: Obtaining student or visitor's visa while a green card is pending || Continuing to use H-1B when I return on Advance Parole || Nuances of changing employers during the green card process || Green card holder working on multiple jobs - Is it legal? || How long can green card holders stay outside the U.S.? || Effect of a career change on naturalization process and timing.

Consequences of extending parents’ B-1/B-2 (visitors/tourist) status more than once

3 years ago By Chief Editor

Question details

What are the consequences if we extend parents visitor's visa's stay for more than 1 time? Will it be a problem when they come back to US again? Is the minimum time to come back again still 6 months?

FAQ Transcript

The first consequence is coming too frequently. So, then stay away for one year. The second is you have to keep daisy-chaining your extensions. Three if you leave without an extension result, it's okay as long as you're leaving within the time that you asked for and lastly, if the extension is denied you may have to apply for a new tourist visa. More...

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.

J-1 exchange visitors and NIE (National Interest Exception)

3 years ago By Chief Editor

Question details

I am a Slovenian citizen, and I plan to do a 3-month student internship in the USA in December. I have everything arranged with my employer. The only question I have is, can I travel from the Schengen area on my J-1 visa? And if not, how can I come to the USA for my internship?

J-1 exchange visitors will be able to travel only if the visa is approved and they qualify for a national interest exception (NIE).

FAQ Transcript

Documents required for F-1 OPT holders to travel to the United States of America during pandemic

3 years ago By Chief Editor

Question details

I am on my OPT period (June 1st, 2021 - May 31st, 2022) and am working for a company in the USA. I plan to travel to India for my sister's wedding from December 18th, 2021, to December 28th, 2021. The following are my questions for travel in these COVID situations:

1. I wanted to know the details for entering the USA. What documents should I have while entering the USA?

2. Does the USA allow OPT holders to enter?

A1: You will need to contact your DSO for endorsement on your I-20 to travel, evidence that you have been working (like pay stubs), and a letter from your employer confirming that you will be returning to your ongoing employment.

FAQ Transcript

F-1 OPT and travel during pandemic

3 years ago By Chief Editor

Question details

I am on F1 OPT and in the U.S. My OPT started in Jan 2021. My wife is in India and just got her F-2 visa. We both are Indian and haven't been able to meet. Would you please tell us if she can travel to the U.S.? Most places say that the program needs to start on or after August 1st, but I am very confused, given that my OPT began in January.

OPT is considered an ongoing program. She can travel now, subject only to the Covid-19 related health directives.

FAQ Transcript

Intermittent H-1B employment

3 years ago By Chief Editor

Question details

I recently transferred from the U.S. to the UAE office since I was not selected in the H-1B lottery in March. I was then selected in the second lottery and my company has started the H-1B process. Can I do short-term 1-2 week visits on H-1B every few months instead of B-1? Do I need to be employed to enter the U.S. using H-1b?

While intermittent H-1B employment is permitted, it is only for the job for which you have an H-1B approval. You cannot use an H-1B visa to travel to the US intermittently without that job.

FAQ Transcript

H-1B visa expired - Travel to the U.S. based on daughter's U.S. passport

3 years ago By Chief Editor

Question details

We are currently in India, and one of my daughters is a U.S. citizen by birth. However, our H-1B visa expired a few years ago. So now we do not have any valid U.S. visas. Can we travel to the U.S. now based on my daughter's U.S. passport? Please advise as we heard many such parents are traveling like this, Are there any options for us?

You cannot reenter the USA without a visa. Having a US citizen child exempts you from the travel ban, but not from the visa requirements.

FAQ Transcript

H-1B visa and applying for National Interest Exception

3 years ago By Chief Editor

Question details

I am presently in the U.S. and will be visiting India to get my H-1B Visa stamped. As there are travel restrictions for passengers from India to the US, will I be allowed to enter the U.S. on an H-1B visa? Presently I am staying in the U.S. on OPT.

Unless you are covered by an exemption, you will have to apply for a national interest exception. Also, getting appointments for visa stamping is not particularly easy at the moment.

FAQ Transcript

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