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

2 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

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.

H-1B visa and applying for National Interest Exception

2 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

H-1B Visa and seeking emergency visa appointment

2 years ago By Chief Editor

Question details

We are the parents of a minor (5 months) old U.S.Citizen daughter who is currently in India. We need to take our daughter to the U.S. for her 6-month vaccination doses. My H-1B visa and my spouse's H-4 visa need to be renewed, but unfortunately, there are no dropbox appointments available in any city. Is there a way an exemption can be made for our travel? I am a civil engineer who has built commercial facilities and will be building more commercial facilities in California, USA.

You can try seeking an emergency visa appointment based on medical reasons applicable to your daughter.

FAQ Transcript

H-1B Visa - Change of Status

2 years ago By Chief Editor 2 comments

Question details

I have an approved H-1B petition. Right now, I am in India. However, my spouse also holds an H-1B. Can I apply for an H-4 visa and travel to the USA with my spouse and apply for a change of status in the USA from consular processing and use my H-1B there. Will it affect my H-1B in any way?

Technically, the USCIS can object to applying for a change of status within 90 days after entry, if the change results in activities that are inconsistent with the original visa used for entry, the H-4 visa. The key question is whether applying for H-1B soon after entry into the USA is inconsistent with H-4, a visa that allows work authorization.

FAQ Transcript

H-1B Approval for a computer and information systems manager

2 years ago By Chief Editor

We assisted in the filing of an H-1B petition for a newly established company in the healthcare industry for a computer and information systems manager. We received a request for evidence (RFE), asking for details about the employer and questioning the employee’s qualifications. Oddly, the RFE specifically questioned the credentials of the professor, who had assessed the employee’s educational background and experiential qualifications.

H-1B Approval for a computer and information systems manager

2 years ago By Chief Editor

Nonimmigrant Visas

H-1B Visa

Profession/Occupation

Computer and IT Professionals

H-1B Approval for an Operations Research Analyst

2 years ago By Chief Editor

We were approached by an employer in the pharmaceutical manufacturing industry to respond to an RFE (Request for Evidence) for an Operations Research Analyst. The RFE indicated that the job duties were vague, and did not allow the USCIS to ascertain the minimum requirements for the position, or determine whether it constituted a specialty occupation.

Nonimmigrant Visas

H-1B Visa

Profession/Occupation

Pharmacists

Sept 2, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

2 years ago By Chief Editor

Agency

Ombudsman

Nonimmigrant Visas

Green Card

Discussion Topics, Thursday, September 02, 2021

Rajiv's Comments in the News - H-1B denial rates decline: USCIS data

2 years ago By Chief Editor

Published by: The Economic Times - Date: September 01, 2021

Quotes and Excerpts from Rajiv in the article:

“We have seen a very positive trend in the moderation in unnecessary hurdles. We see this trend all through legal immigration, not just H-1B visas. It’s not that we are not getting requests for evidence, it is that they are a lot more reasonable,” said Rajiv S Khanna, managing partner at immigration.com.

Retaining valid H-1B status while AOS is pending and when to file Supplement J

2 years ago By Chief Editor

Question details

1) Most attorneys don't recommend to abandon H1B status while AOS is pending.
What are the chances of AOS denial for someone who has had a clean history and is a law abiding alien living in the US waiting for AOS?
2) What are your thoughts about the timing of filing I-485 J? Upon job change, should it be filed proactively or wait for RFE Won't it delay the AOS adjudication if it's not filed proactively?

FAQ Transcript

I do not think you should let your H-1B or even L-1 lapse just because you have a I-485 pending. There are times when things go wrong with the I-485. So it's such an easy thing to maintain your H-1B.

As far as the I-485 J is concerned, I personally feel that the Adjustment Of Status Supplement J should be filed as quickly as possible as it will give you an additional protection. More...

Subscribe to H-1B Visa