H-4 Visa

H1B-H4-H1B

Question details

Recently (2009), I changed my status from H1B to H4. My Employer cancelled the H1B after I changed the status to H4 Visa. I have H1B petition document(I-797) with me.

1)Now Can I use existing H1B with the new employer?
2)Do I fall under quota or I need to file new H1B in this Year quota?

You will be exempt from the quota (assuming your previous employer was a private employer - NOT exempt from quota). The new employer will need to apply for an H-1 again.

H4 to H1-B

Question details

I was working as an IT professional and my H1-B visa expired on 13 december 2008 (I shifted to H4). I have been in this country for 10 years now and there are other factors involved too. Is there some way I can reactivate my H1-B visa status?

Once 6 years on H-1 are over, I know of only two ways to reactivate: go physically outside USA for one year, OR apply for a green card, one year after which you can extend your H-1 (or upon approval of I-140, whichever is earlier).

Guestbook Entry for Tribendu Datta, United States

Name
Tribendu Datta
Country
United States
State
Nevada
Comment

I am on H1 and my wife (on H4 visa) was out of status for more than 8 months. We received the approval nunc-pro tunc. Just to give little background, we found about this when we were planning to process her F1 visa. We browsed through all known forums and short listed two firms, Murthy's and Rajivji's. After the first consultation with Rajiv, I got some ray of hope and thought of retaining Rajivji's firm at that very moment. I omitted the options of retaining my employer's corporate firm and Murthy's firm. Rajivji was very thorough about our case and even had a discussion with my employer to get all the inputs. 

I want to convey my special thanks to Rajiv's attorney Ms Sheena Gill. She was very prompt during the preparation of this case.I really appreciate her enormous follow-ups with USCIS, without which we could not have achieved this success. Thanks to Rajivji and his entire team, they literally gave us a new life. Winning a nunc-pro-tunc case is not a piece of cake, a lot depends on luck and the skill of the law firm.  I would highly recommend Rajiv's firm to anybody for complicated case like this.

Guestbook Entry for Bruce A. Trickel, United States

Name
Bruce A. Trickel
Country
United States
State
Oklahoma
Comment

I have utilized the services of Attorney Rajiv Khanna many times over the last 10 years and have 100% of the time been satisfied with the prompt, expert, and swift handling of the H1B and Green Card applications.  Most recently I took over a very complicated immigration situation when I took over as the Chief Operating Officer for CCOM Medical Group.  I was faced with an employee that was out of status and her whole immigration process had been mishandled by numerous attorney’s over several years.   Rajiv’s staff quickly put together a plan, researched all the potential obstacles we could potentially run into, and executed parallel applications for an H1B visa and green card.   The end result was obtaining an approved H1B visa for my employee and H-4 for her son along with an approved I-140 so that as her priority date comes up later this year she can get her green card.  We are all very happy and appreciative of the fine work Rajiv and his staff did for our employee and CCOM Medical Group.  In my ten year history in working with Rajiv he has never, ever, let me down and he and his staff are always conscious of ensuring I have the appropriate expected outcome in mind and am fully aware of any downside to a situation before it happens.  I like to make informed decisions and Rajiv allows me to do that.  Anyone reading my comments is more than welcome to contact me at  (918) 683-0753. 

Are H-1 holders being turned back at the airport?

Question details

This is the buzz going around in techie town. If you have already heard it then pl. ignore if not this is interesting.

A techie based of Jersey goes to India to visit his family recently. Techie is assumed have lived in the US for quite some time. He is currently working on his work permit as an alien worker. Techie also has a temporary un-approved/un-guaranteed green card called the EAD.

While re entering an immi-officer that if they can call his manager. Techie then hands all the contact information. Officer gives him a call and asks if they really need a H1B worker for his position. Officer also ensures if the H1B possesses exceptional skills. Manager replies back with a YES!

Officer then calls an office that could tell how many citizens posses the same skill and are unemployed. Officer is told numerous unemployed. Officer now decides to send the techie back. Techie then pleads that he has a house on mortage, a car out of a loan. He needs time to return. Officer then grants him a month on a visiting visa. Techie once again pleads and successfully bargains a 3 month on a visitor visa to return back.

If this is all what happened, then the govt. has acted illegally. There is no question in my mind about it.

Guestbook Entry for Prithvi , United States

Name
Prithvi
Country
United States
State
Arizona
Comment

Folks,

We filed H1B/H4 and Green Card application through Rajiv's Office.

His team: Anna Baker, Richa Narang, Prerna Mehta, and Attorney Mathew were very helpful and diligent. They would answer our queries promptly. Moreover, Rajiv was on conference calls when my company had some questions about filing for Green Card. Our Company had good faith in Rajiv's ability to deal with immigration related matters.

Rajiv's team....Thanks a ton!!

Guestbook Entry for Ram , United States

Name
Ram
Country
United States
State
IL
Comment

There are very few instances when you want to take time out to appreciate the good work done.

This is one such instance wherein the law office of Mr Khanna was amazingly helpful in applying a change of status to H4.
We had no time to apply for this switch & I am grateful to Mr Khanna & his team, especially Anna Baker & Francesca Barna. They were very helpful & amazingly fast. This was a time sensitive issue & their help was really worth appreciating.
Very courteous & dependable !

I am delighted with their service. I am hopeful & confident that they would continue to provide great service.

Thank you !

H-4 Nunc Pro Tunc

Our firm has been successful in numerous H-4 (and H-4 nunc pro tunc) out of status cases (involving unlawful presence leading to a three-year to ten-year bar). Of particular note, one gentleman assumed if his H-1 was renewed, his dependant's H-4s were automatically renewed. Upon learning of the need to file for H-4 renewals, this gentleman consulted various attorneys and even took his case to Court. He was unsuccessful in bringing his dependants back into H-4 status.

Status
H-4 status approved.

Nonimmigrant Visas