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.
Sister Filed Petition
Question details
My sister filed petition for me last year maybe I-130. I am an Indian and my wife is Italian, I am in California nowadays since last week. Can we stay here permanently under I-485 or AOS whatever?
That category takes 13-14 years. During the time you are waiting for your priority date to be current, you cannot stay in the USA just because your green card is pending. You can, however, stay or come to the USA under a visa independent of the green card such as L-1, H-1. You can also apply for a green card in several categories simultaneously.
Writ of Mandamus for Govt. Delays
Question details
Hello Rajiv Ji,
Thanks for your time and responses (over the email). I have below questions.
1) I am an EB-2, with Priority date Jun-2008. Applied i-485 in Jan-2012. Cut-off date became current in July-2014. Through congressperson / infopass found that my application is in background checks.
1.a) I have given fingerprints 2.5 years ago and background checks are not cleared yet. so what are my options in expediting it?
1.b) My worry is the checks may not be cleared before next time dates become current, and I may be in the same situation again.
1.b) Can I use Writ of Mandamus? Does my case (485 pending for 2.5 years, current for 2.5 months, but background checks are not completed yet) have enough reasons to claim "unreasonable delay"?
2) I am using my EAD. My labor says "Senior Analyst" as my job title.
2.a) Can I accept a promotion with a director/managerial job title ?
2.b) or does it cause a problem / RFE in future? Duties are more or less similar and work on same software technology, but will have few direct reports and need to manage projects.
3) Can I switch to H1-B as a safe measure?
3.a) Does switching mean I am abandoning my GC?
3.b) Do I need to go out of the country for stamping or can I continue to work without going out?
3.b) what are the risks involved?
See the marked clip below from Rajiv's video recording for the answer to this question.
https://www.youtube.com/watch?feature=player_detailpage&list=UUm4s1qwOS…
Can An Associate Degree Qualify For RN Based H-1?
Question details
Can I qualify for RN based H-1 if I have only an Associate degree in nursing?
The simple answer is, no, unless you also have 6 years of professional experience. Also note, not all RN's can qualify for an H-1.
NPWC Processing Times (as of 09/08/2014)
Nonimmigrant Visas
Green Card
Immigration Law
Is CPT an Acceptable Way of Working?
Question details
My H-1 6 years are about to be over. No way to extend per lawyers. Can I move to CPT?
This is tricky. Usually CPT in the first semester is looked upon with suspicion by USCIS, unless: 1. yours is a graduate program; 2. the practical training is integral to the academic program; and 3. the employer has signed a co-operative agreement with the school.
Guestbook Entry for Vishnu Shankar Lakshminarayanan, United States
Name
Vishnu Shankar Lakshminarayanan
Country
United States
State
Texas
Guestbook Entry for Poonam Gole, United States
Name
Poonam Gole
Country
United States
State
MD
Comment
Very helpful and understandig staff. Fast processing..
OFLC Updates YTD Statistics on H1-B Temporary Specialty Occupations Labor Condition Program
OFLC updates YTD statistics on H-1Bs number of LCAs received, top occupations, states, and employers, as well as the number of certified, denied, and withdrawn LCAs, number of positions requested and certified, and percentage of applications timely processed.
Guestbook Entry for Faraz D, United States
Name
Faraz D
Country
United States
State
Virginia
Comment
Mr. Rajiv Khanna and Ms. Rena Waddell were very professional and fast in there services. I would highly recommend them to any one for any of there services. Keep up the good and fast work.
Thank you for getting my H1 Approved again