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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.

Rajiv's Comments in the News - H-1B visa extensions will be smoother as Trump-era memo is revoked

3 years ago By Chief Editor

Published by: The Times of India  - Date: April 28, 2021

Quotes and Excerpts from Rajiv in the article:

Rajiv S. Khanna, Managing Attorney at Immigration.com told TOI, “Business entities make plans based on consistency and predictability – not being able to rely on the availability of professional workers was not conducive to business nor to non-citizen workers.”

Apri, 15, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

3 years ago By Chief Editor

Immigration.com

Nonimmigrant Visas

Green Card

FAQS: H-1B revoked after 1 October, never used. Am I quota exempt? Travel while I-485 AOS is pending: returning on H-1B visa, AP, AVR etc.

April 1, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

3 years ago By Chief Editor

Nonimmigrant Visas

Green Card

FAQs: AC21 Job Portability After I get my green card, is it legal to work for two companies (and not the original company) simultaneously?

Cap-exempt to cap-subject H-1

3 years ago By Chief Editor 2 comments
Question details

Situation: I am on a cap exempt H1 with an approved I-140 more than 180 days and I found an employer who can file my cap subject H1 this April.

1. If the cap subject H1 is approved before oct 1st, will my new employment start date be earlier than October 1st?
2. Should I have to leave my current employer as soon as the other H1 is approved?
3. What if I don’t join the new employer until I find a project with them? Meaning, can I wait until after oct 1st until I find a project with them?
4. From your previous calls, I understood that if the new H1 is not revoked until oct 1st, I don’t have to go under cap anymore. Is that still accurate? Also, can you explain about getting a new I-94?
5. Should I have to go thru the GC filing all over again? 
6. Can I start working with new employer while continuing my current employment?
 

FAQ Transcript

1.If you are going to completely transfer over to a cap subject H-1B from a cap exempt you are going to start on October 1st, no earlier.

2. No.

3. Do not have the employer file an H-1B unless there is a specific project. 

4.  Yes that is still accurate.

5. The answer is yes, because you are carrying your priority date forward. 

6.  If you are working for a cap exempt employer you can actually concurrently work for a cap subject employer as long as it is a concurrent H-1B. 

 

 

 

 

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 revoked by the USCIS - impact on Quota/lottery exemption

3 years ago By Chief Editor
Question details

I have question to related to H1B revocation and Cap exemption.

I am based in India and have never traveled to the US. Back in 2014, Employer A filed H1B for me. It got picked in the lottery, got approved for 3 years till August 2017. When I went for Visa stamping at Chennai consulate, I was given 221g and the case was sent back to USCIS and it got revoked in August 2017. ( about 3 years later of my H1B Approval)

Now I have an employer B who is ready to sponsor H1B. Am I eligible for cap exempt or should i go through the regular CAP quota? Earlier H1B can be used and transferred to my new employer?
 

FAQ Transcript

If an H-1B is revoked it gives you no benefit. You are back in quota. The moment it is revoked you have no benefit from that at all and if there is any kind of fraud allegation against you, you cannot come back to the United States at all. That's the permanent bar from entering the U.S with very few exemptions. 

 

 

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.

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