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.

USCIS will no longer accept a single combined payment on certain forms filed together with an H-1B or H-1B1 petition

2 years ago By Chief Editor

For all H-1B and H-1B1 petitions received on or after April 1, 2022, USCIS will no longer accept a single, combined fee payment when Form I-539, Application to Extend/Change Nonimmigrant Status; Form I-765, Application for Employment Authorization; or Form I-824, Application for Action on an Approved Application or Petition, is filed together with an H-1B or H-1B1 petition (Form I-129, Petition for a Nonimmigrant Worker). Each of these forms received by USCIS on or after April 1 must have its own fee payment instrument or USCIS will reject the entire package.

What exactly is Interfiling?

2 years ago By Chief Editor

What exactly is interfiling?

Maintaining H-1B status once I-I485 EAD is received after downgrading from EB-2 to EB-3

2 years ago By Chief Editor

Question details

I have been on H-1B for the past 16 years. Recently received my I-485 EAD after downgrading from EB-2 to EB-3. Can I work full time for my own company now in the same field or Do I still need to have an employer, if I am ok to give up H-1 status?

FAQ Transcript

Theoretically at least, the answer is “yes”. The government clearly allows that, but there are a lot of wrinkles. Talk with the lawyer and make sure you understand all the nuances, including employer-employee relationship, genuine job offer etc., and then you can do it. I do not see any reason why you cannot.

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.

Interfiling - EB-2 to EB-3 downgrade as per the amendment. Can I now interfile?

2 years ago By Chief Editor

Question details

My EB-2 was downgraded to EB-3 in Oct 2020 and the attorney marked the amended box ( "To amend a previously filed petition") as checked.

Timeline:

I received the EAD combo card in Dec 2021. Changed the Employer (though transferred H-1) using AC21 after way more than 180 days of pending 485

My PD is June 30, 2012 Now that EB3 is retrogressed and stuck in Jan 2012., I wanted to know

1. If I interfile EB2. Will it be rejected as the amended box was checked when downgraded?

2. If we interfile, will there be an impact on the EB-3, in case they reject it

3. What is the best way now to have both EB-2 and EB-3 run side by side. What is the fastest way to get to GC in my case?

FAQ Transcript

1. First of all you cannot interfile because you are not with that employer who holds your EB-2 I-140. Regarding rejection, you are right.

2. It could be.

3.Have your new employer start a new case. Start from PERM upwards.

Interfiling - Job change after I-140 approval with priority date current and issues with H-1B transfer and H-1B extensions

2 years ago By Chief Editor

Question details

I am on H-1B visa with employer A. Have approved I-140 with priority date as Oct 2015 under EB-2. Looks like EB-2 can hit 2015 by the end of this year. With that in mind, Below are my questions:

1) Suggestions on switching employers when PD is nearing anytime soon. If I switch to employer B, what if my PD becomes current before employer B I-140 is approved? How long can I wait after my priority date becomes current to file I-485 with employer B I-140?

2) Will there be any issues for H-1B transfer and further H-1B extensions with employer B when the new PERM/I-140 is still under process?

FAQ Transcript

If you have changed employers priority date with the old employer becomes current you could go back and join them, if you have a good explanation why you left them in the first place.

Feb 17, 2022, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

2 years ago By Chief Editor

Immigration.com

Community Conference Call

Nonimmigrant Visas

Green Card

Discussion Topics, February 17, 2022

FAQ's: Left while Extension pending. B-1/B-2 visa inspection at the airport by the CBP and repercussions || Interfiling || Interfiling and AC21 Portability || Interfiling, Returning to Old Employer

Feb 3, 2022 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

2 years ago By Chief Editor

Citizenship and Naturalization

Nonimmigrant Visas

Green Card

Discussion topics:

FY 2023 H-1B Cap Initial Registration Period Opens on March 1

2 years ago By Chief Editor

Release Date

01/28/2022

U.S. Citizenship and Immigration Services today announced that the initial registration period for the fiscal year 2023 H-1B cap will open at noon Eastern on March 1 and run through noon Eastern on March 18, 2022. During this period, prospective petitioners and representatives will be able to complete and submit their registrations using the online H-1B registration system.

Are you eligible to become a naturalized US citizen?

2 years ago By Chief Editor

Question details

1. My Son was born in February 2020 in the USA, where my wife is on an F1 visa working on OPT. Due to the Covid19 pandemic, I couldn't meet my son for two years. Kindly suggest to me the way forward to meet my son and wife. I also tried to travel on a tourist visa and F1 Visa. Unfortunately, I got both rejections. I'm an Indian taxpayer and an IT employee.

2. My brother is a US citizen, and he applied for our mother's green card. Everything is clear, all paperwork is done, but due to the pandemic, we are waiting for the interview date from March 2021. Do you have any information on how we get the date or how much time it will take?

3. My daughter is in Dallas, US, and under medical treatment. She is there with an IN40 visa. As a father, I want to be there during her medical urgency. How can I get a visa now to be with her in the US?

4. I am a US citizen currently in India. I am traveling back to the States in mid-February for two months and want to take my Indian-citizen senior citizen mother with me for that duration. Her last US tourist visa expired eight years ago. (She has an active Schengen visa on her passport) Is there a way she can get a short-term two-month visa to the US?

5. I stayed outside of the US for more than two years because of COVID-19. Am I eligible for naturalization? I came to the USA in August 2016.

*Please note that the queries have been put together and edited by the Economic Times to address similar questions at once and that the answers are clear and relevant to the audience.

FAQ Transcript

Note: For the NRI readers, The Economic Times has started an immigration helpdesk. A team of experts which includes Rajiv S. Khanna will address the most pressing issues. Please see the link below.

https://economictimes.indiatimes.com/nri/migrate/nri-helpdesk-who-is-eligible-to-become-a-naturalized-us- citizen/articleshow/89116038.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst

Jan 20, 2022, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

2 years ago By Chief Editor

Nonimmigrant Visas

Immigration Law

Covid - Coronavirus

Green Card

Discussion Topics, Jan 20, 2022 FAQs:
1. EB-1B for postdoctoral holder after a gap of several years in career 2. Date of birth and name corrections in birth certificate 3. COVID-19 delays in tourist/visitor extensions for B-2 holding parent and applying for their green card

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