H-1B Visa

H-1B visa is reserved for "specialty occupations." Those that require a at least a bachelor's degree in a specific subject or closely related subjects.

Guestbook Entry for Eswara Kakkera, United States

Name
Eswara Kakkera
Country
United States
State
VA
Comment

I am quite thankful to Rajiv Khanna and his staff for getting Green Card to me and my wife. The case manager for my case is Bharati. She handled my case very well and huge kudos to her in getting the GC. Bharati is quite knowledgable in immigration matters. She responded  to all my questions quickly. Her response time is very qucik. She applied Labor Certification, I-140, 485 and EAD Renewals. She is quite friendly and good going to work with. I am very thankful to Bharati for her continous support through out the Green Card Process. Thanks once again to Rajiv S Khanna, Mathew for getting my Green Card approved. Appreciate all your help.

H-1B transfer when 221g pending

Question details

I was working on a EVVC model till Dec in the US, when I came to India for my stamping, I got a 221g which is now pending at the Chennai consulate. I am now trying to transfer my visa to the primary vendor to work for the same client. Is there any issue with this? Can I also respond to the 221g when I am doing the transfer?

I do not see any major issue with this as long as 221g was related to your employer, not you.

Guestbook Entry for Arun Lanka, United States

Name
Arun Lanka
Country
United States
State
Illinois
Comment

Rajiv Saab, I have used your firm a few times in the past 3-4 years mailnly for H1 queires and a couple of times to take general legal opinion on Immigration. All the times I interacted with your firm, I found you and your staff very polite, helpful and professional. Fortunately all the cases very successful with your help. Along with you I would like to thank Anna Baker and Leslie Hager for their support. Wish you all the best and hope many others will be benefited through your firm.

OPT - H4 - H1

Question details

I am currently on OPT, expiring on 23 May 11. I am currently working but my current employer is not willing to file for my visa and I am unable to find an employer who can file for H1B. I have following questions:
1) If I am not able to find a company-how much time ahead of my visa expiration I will have to file for H4?
2) How difficult it is for an employer file for H1 from H1 and what is the process?
3) If I have to travel out of country before the OPT expiration-do I need to have another visa approved to re enter before my OPT expiration?

1. Your H-4 application must reach USCIS before expiration of your OPT (although it could be argued that you have an extra 60 days, but I stay away from having to argue).
2. No different than filing a new H-1.
3. You could have a difficult time entering if cutting too close the end, although, legally you are entitled to it as long as you have a job in your field that you have been performing on your OPT.

USCIS Publishes QA on OPT and F-1 Status for Eligible Students under the H-1B Cap-Gap Regulations

Introduction

These Questions & Answers address the automatic extension of F-1 student status in the United States for certain students with pending or approved H-1B petitions (indicating a request for change of status from F-1 to H-1B) for an employment start date of October 1, 2011 under the Fiscal Year (FY) 2012 H-1B cap.

Business in the US, on H1B visa

Question details

Fact "H1Bs cannot do their own business in US". So checking the legal limit with below scenarios.
1. Can a H1b, while working for H1 employer, work for non US employer using options like work from home or other internet technologies and earn in their local currency without further documentation?
2. Does anything changes if the non US employer has clients in US and the person in above position actually work with those clients under the payroll of non US based organization?
3. Does it cross the legal H1B limit if we assume the H1b person in scenario 1 and 2 is also the owner of non US company and earns in local currency not USD?

1. In my view, no.
2. No. The critical thing is that the work is being performed on US soil.
3. I believe this too would be illegal under immigration laws.

USCIS Continues to Accept H-1B Nonimmigrant Petitions for FY 2012

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today announced it continues to accept H-1B nonimmigrant petitions that are subject to the fiscal year (FY) 2012 cap. The agency began accepting these petitions on April 1, 2011.

USCIS is monitoring the number of petitions received that count toward the congressionally mandated annual H-1B cap of 65,000 and the 20,000 U.S. master’s degree or higher cap exemption.

Guestbook Entry for Suki Baldwin, United States

Name
Suki Baldwin
Country
United States
State
Illinois
Comment

Our office works regularly and closely with the Law Offices of Rajiv S. Khanna, PC, with both H1B and Permanent Resident applications.  We do not have any complaints at all -- our case managers are smart, fast, conscientious, polite, and very pleasant to work with.  We treasure them!  I myself have worked mainly with Fran Fisher and Heather Riddick, and to a lesser degree with Anna Baker.  I don't know how we could speak more highly of them or of Mr. Khanna's law firm.  We appreciate them greatly!