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.

H-4 EAD Employer Change

8 years ago By Chief Editor

Question details

I have an approved I-140 with PD 2013. My wife works on H-4 EAD based on my I-140. If I join another company with my I-140(say I get H-1, my wife's H-4 and EAD for 3 years), Would it be fine if she continues to work on that EAD even if my I-140 gets revoked/withdrawn after H-1 approval.

USCIS has said if an I-140 is revoked, they reserve the right to revoke the H-4 EAD. So far, they have not been revoking.

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.

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Guestbook Entry for Vaibhav P Tale, United States

8 years ago By Chief Editor

Name

Vaibhav P Tale

Country

United States

State

virginia

Comment

Great advice on my case by Mr. Khanna

I had a trickery situation where I was

1. Changing my employer while being on H1B,

2. Moving out of country to assume my PR status in Canada, and

3. Wanted to work for my new company in US by frequently traveling back and forth from Canada.

Mr Khanna provided the correct advice of going for an H1B transfer instead of having a business (visitor) visa and since then, it has been a very smooth ride.

He helped us file for the transfer as well as my wife's H4 extension. His staff is also very courteous and helped us meet a tricky timeline during my transfer even though that meant working over time for them.

I have no doubt that Mr. Khanna is one of the very best immigration lawyers in US and I highly recommend him for his services.

Recording of Free Community Conference Call (Every Other Thursday), 2016, June 16

8 years ago By Chief Editor

Nonimmigrant Visas

Green Card

Substantial transcription for video

Discussion Topics, Thursday, 16 June 2016:
FAQ: Traveling on I-551 stamp and maintaining green card; Quota H-1 changing jobs before 1 October; EB-2 and how to find a company that sponsors green cards; How can employees save themselves from corporate fraud by employers; Correcting names discrepancy FNU LNU; Filing new green card if job changes; Filing new green card if job changes.

Other: Simultaneous green card through employment and marriage to US citizen; Options to stay in the USA after visa/status expires; H-1 travel to USA, quota exemption; Apply for F-2 or H-4; transfer H-1 pay stubs; Transfer H-1 after it expires; E-2 visa partnership; Tourist visa to maintain status, out of status; Emergency visa stamping; Priority date transfer; etc.

Recording of Free Community Conference Call (Every Other Thursday), 2016, June 02

8 years ago By Chief Editor

Profession/Occupation

Immigration.com

Community Conference Call

Nonimmigrant Visas

Green Card

Substantial transcription for video

FAQ: Successor in interest, effect of location change on green card; EB-5 investment-based green card loan, collateral, ownership; How soon can I leave the employer after green card approval; DUI/DWI visa revocation; EB-2 for nurses; What should employees do when employer convicted of visa fraud.

Other: I-94 expiring- passport duration; Children born within a few days after green card approval; H-1B amendment - change of location or project; H-1B cap exemption; Travel during STEM OPT extension; Opening a non-profit while on H-1; Physician (FMG) using H-4 EAD; H-4 extension; etc.

Nebraska Service Center to Accept Certain H-1B Petitions

8 years ago By Chief Editor

On July 1, 2016, the Nebraska Service Center (NSC) will begin accepting Form I-129 for H-1B and H-1B1 (Chile/Singapore Free Trade) petitions if the petitio

Changing Jobs After I-140 Approval

8 years ago By Chief Editor

Question details

I have PERM approved and I-140 filed in regular processing by my current employer "A". I have got an opportunity from employer "B" and then told they will process my GC as fresh application. I have 17 months left on my H-1B visa.
1. In pending approval of I-140. will I get the extension of 3 years from USCIS when employer "B" initiate the transfer ? OR Will I get the H-1B transfer extension till max out ?
2. Is it recommendable to switch now in between of pending approval process of I-140?
3. Will leaving in between of pending process impact me in future when employer "B" files my GC once again ?

FAQ Transcript

Under the current laws, if you change jobs after I-140 approval you keep your priority date, but you lose your right to H-1 extensions beyond what is given if your old employer revokes/withdraws the I-140.

Now answering your questions

Answer 1.No, you will get an H-1B extension for the time remaining and you can actually claim one year extra if your PERM was filed more than a year ago. But you will get only three years if the I-140 is approved. Not if it is pending.

Answer 2. I don't recommend it. I think you should get your I-140 premiums, get it approved and then leave if you want to.

Answer 3. I don't think that is a major issue, but do talk to your lawyers. Hence it makes sense in my view not to change until the I-140 is approved.

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.

I-94 Given for Duration Shorter than Entitled

8 years ago By Chief Editor

Question details

On December 18th 2015 I came back to USA on H-4, at that time my old passport was expiring on September 19th 2015 so the Immigration Officer approved my I-94 until September 19. Later I applied for H-1 and it got approved on Feb 2nd 2016 and my H-1 is valid until Ending Validity Date: 12/19/18 with I-94 number in it. I renewed my passport now and I have validity until 2026.
Question: Do I have to go for stamping again to extend my I-94 validity? Or since I got new I-94 with my H-1B is that good enough.

Watch Video: I-94 given for duration shorter than entitled

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.

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New Web Page on the H-1B and L-1 Fee Increase

8 years ago By Editor

USCIS has posted a new Web page on the H-1B and L-1 fee increase required by the Consolidated Appropriations Act, 2016 (Pub. L. 114-113). Pub. L. 114-113 requires certain petitioners to submit an additional fee of $4,000 for certain H-1B petitions and an additional $4,500 for certain L-1A and L-1B petitions.

Recording of Free Community Conference Call (Every Other Thursday), 2016, May 19

8 years ago By Chief Editor

Nonimmigrant Visas

Green Card

Form I-140

Substantial transcription for video

FAQ: Changing back to F-1 student status after filing for green card; I-94 given for duration shorter than entitled; H-1B amendment when change of cities; Impact of traveling while H-1 extension is pending; Birth certificate non-availability, affidavit; Changing jobs after I-140 approval; STEM OPT extension for consulting or staffing companies; Effect of divorce on an employment-based case and cross-chargeability; Transferring H-1 subject to cap, cap-gap extension; Remedy for denial of I-485 AOS; Sued by employer.

Other: Effect on relative petition if petitioner loses their green card; Revocation of I-140; Porting priority date; Changing jobs H-1 or EAD, converting from EAD to H-1; F-2 out of status converting to H-4; H-4 family traveling while H-1 extension is pending; CAP-GAP extension and drivers license; Effect of relocation to India during green card processing; Visa stamping for H-4 out of status, etc.

Guestbook Entry for Shashi Prakash, United States

8 years ago By Anonymous (not verified)

Name

Shashi Prakash

Country

United States

State

New Jersey

Comment

Mr Rajiv Khanna and his staff are the best!! I had my green card filed through them in 2001 and their response to all my queries was always prompt and perfect! Lately, I am hiring their services for filing H1B for my newly formed company and as usual Mr Rajiv Khanna has taken personal interest and devoted his time in understanding our situation and recommending the best options. His staff is always forthcoming in helping us meet the timelines and answering our questions promptly. So much appreciated and what a pleasant experience! No wonder our first H1B was filed through him and recently was selected in the lottery. We look forward to additional Visa sponsorships from him. Awesome work, Mr Khanna! You are an inspiration for everyone. My best wishes to you and your staff!! Shashi Prakash CEO, Net Serpents www.netserpents.com www.hadoopexpress.com

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