Change of status

Guestbook Entry for Hetvi Patel, United States

Name: 
Hetvi Patel
Nonimmigrant Visas: 
Change of status
State: 
Tx
Green Card: 
EB1 Green Card
Profession/Occupation: 
Engineers
Country: 
United States
Email: 
Contact person by email
Homepage: 
Highly recommand
Comment: 
I am very impresed with the prompt reply of all my emails. Mr.Rajiv is giving very honest opinion.  We scheduled a conference call with him which was on time and he was really taking time to make us understand the situation of our case and how to proceed next.  He didn’t charge anything for the call.  We heartly appreciate his time and guidance provided to us.         
Post date: May 9th 2013

Change of Visa From H-1B to F-2

Submitted by Chief Editor on

I am currently on H-1B visa. Is there a way I can change the visa to F-2 without going back to India? My fiancé is here on F-1 visa and this visa is valid till Sep 2014.

You must be married to the F-1 holder in order to be eligible for F-2 status.  Fiances do not qualify for derivative status.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Guestbook Entry for John, United States

Name: 
John
State: 
Maryland
Nonimmigrant Visas: 
Change of status
Green Card: 
Employment Based Green Cards
Profession/Occupation: 
Computer and IT Professionals
Country: 
United States
Email: 
Contact person by email
Comment: 
I had a conference call with Mr. Rajiv Khanna. My question was regarding time lines for Green Card processing. I am in my 6th year of H1-B and was planning to change my Job with 9 Months left on my Visa. I have not started my Green Card Processing yet. The call was quick and to the point. He detailed me of the options available. He didn’t promise me that everything will be done but the call gave me the required confidence in my decision making. He is a [i]walking encyclopedia of immigration[/i]. Note: The call was a free call and he was there on call even before I dialed in. On the whole it was a good experience.
Post date: Apr 13th 2012

Guestbook Entry for A Singh, United States

Name: 
A Singh
Profession/Occupation: 
Scientists and Researchers
Computer and IT Professionals
Engineers
Mathematics and Statistics Professionals
Managers and Executives
Economists
Nonimmigrant Visas: 
H-1 Visa
H-1B2
H-4 Visa
LCA
AC21 H-1 Portability
H Visa
I-94
Authorized Period of Stay
Change of status
Miscellaneous
Status
Glossary: 
AOS
DOL
DOS
GC
I-140
I-485
I-765
USCIS
Green Card: 
EB2 Green Card
EB3 Green Card
PERM - Labor Certification
Form I-140
Form I-485
Loss of green card
Employment Based Green Cards
Special Green Cards
Priority Date
Advance Parole
AC21 AOS Portability
Adjustment of Status
Preadjudication
State: 
OK
Country: 
United States
Comment: 
I had an accident and am on disability while my green card adjustment of status application ( form I-485 ) has been pending for over 4 years. My I-140 had been approved about 5 years back but my case has been caught up in the visa backlogs at USCIS and Department of State. I wanted to know if there was any provision for help in the immigration laws, in case I am sent for long term disability or my employment is terminated before I receive my green card. I learnt that employment and disability are subjects to be discussed with a benefits or employment attorney. The only immigration benefits are via AC 21 or via a private bill. Also, that one should not loose the advance parole anytime while the AOS is pending. I want to thank Mr. Rajiv Khanna for his generosity with time and expert guidance. Over the phone I found him to have a very pleasant personality. he had me feel comfortable and didnt seem money minded at all.
Post date: Aug 17th 2011

Guestbook Entry for RAM NARAYANAN, United States

Name: 
RAM NARAYANAN
Green Card: 
Adjustment of Status
Nonimmigrant Visas: 
Change of status
Profession/Occupation: 
Computer and IT Professionals
State: 
CA
Country: 
United States
Comment: 
I AM A US CITIZEN AND I APPLIED FOR FAMILY BASED GREEN CARD FOR MY WIFE. THE WHOLE PROCESS STARTED IN FIRST WEEK OF JANUARY 2009. INITIALLY WE HAD APPLIED ON OUR OWN AND DID NOT CONSULT ANY ATTORNEY. THEN WE GOT AN RFE ON MY WIFE’S BIRTH CERTIFICATE, AND WE WERE HELPLESS AND DID NOT KNOW HOW TO PROCEED. THAT IS WHEN WE APPROACHED, RAJIV KHANNA. HIS ATTORNEY’S MATHEW CHACKO AND BHARATHI GUIDED US FOR SUBMITTING THE RFE DOCUMENTS AND GUIDED US IN EACH AND EVERY STEP AFTER THAT. THEIR GUIDANCE WAS OF GREAT HELP TO US. AND FINALLY MY WIFE GOT HER GC ON 24TH APRIL 2009.
Post date: May 11th 2009

Effect of H-1B Approval on H-4 EAD

Submitted by Chief Editor on

My wife currently working on H4 EAD which is valid till October 2020. Her company filed for H1B this year and she got approval for 3 years starting 10/01/2019. However, She would like to stay on H4 EAD. Does law permits her to work on H4EAD even after her H1B approved? or naturally her work visa status will convert to H1B effecting 10/01/2019?

Watch the Video on this FAQ: Effect of H-1B approval on H-4 EAD

Video Transcript:

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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When Does One Become H-1B Cap Exempt - Change of Status/Visa Stamp?

Submitted by Chief Editor on

At present I am working in OPT ( expires in June 2020). I have an unused stamped H1B visa which I got in August’ 2013 and my visa stamped in my passport on August,2014. However I never traveled/ worked with this H1B visa and expired in October’2016 without using or entry. I came to USA in January’2016 in F1 Visa. My question is can I use this unused stamped visa for cap exempt as transfer of employer from F1 visa to H1B visa now? or do I need to apply in Master’s cap next year.

Watch the Video on this FAQ: When does one become

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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H-1B Joining Another Employer while a Transfer, Extension or Amendment is Pending

Submitted by Chief Editor on

Situation: Resigned company A already and Got offer from employer B and applied H1B transfer(premium processing) but received RFE. But I have another offer from Employer C as well who is yet to file my h1b transfer Question:
1. If RFE is denied for employer B Can i join employer C with the receipt notice as Employer C has started H1B transfer by that time ?
2. How long one can stay in US without job/payroll having H1B ?

FAQ: H-1B joining another employer while a transfer,

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Impact on Current H-1B if Another H-1B is Denied

Submitted by Chief Editor on

I am already on a cap-exempt H1b working for a non-profit full time. Another employer filed my H1b petition on the cap-subject quota on april 2018 and got an RFE april 2019 and was denied with a reason for maintaining of status. They asked my paystubs from my current employer. My questions are:
1. will there be any impact to my current H-1B?
2. If they only ask for paystubs, can I submit them and initiate motion to reopen the case? what are the possibilities of success.

Watch the Video on this FAQ:

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Travel While Change of Status Request is Pending - H-1B Related

Submitted by Chief Editor on

I was planning on going to India for vacation (after I graduate, before I start work) and I had some questions about whether that would be alright from an immigration stand point. My lawyers are filing my H1B visa application this April; would there be any potential issues with the application if I was to leave the US in May/June?

There are multiple issues involved in traveling.

First, if someone travels while a change of status request is pending, they will have to obtain a visa stamping or reapply for an H-1B for change of status to activate the H-1B on or after October 1.

Second, getting visa stamping is by itself a highly uncertain process that could take from days to months. The consulates reopen and dissect the entire H-1B case from the ground up and try to find any reason they can to deny the case.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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