Change of status

Guestbook Entry for Hetvi Patel, United States

Name: 
Hetvi Patel
Nonimmigrant Visas: 
State: 
Tx
Green Card: 
Profession/Occupation: 
Country: 
United States
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.         

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

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

Add new comment

Guestbook Entry for John, United States

Name: 
John
State: 
Maryland
Nonimmigrant Visas: 
Profession/Occupation: 
Country: 
United States
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.

Guestbook Entry for A Singh, United States

Name: 
A Singh
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.

Guestbook Entry for RAM NARAYANAN, United States

Name: 
RAM NARAYANAN
Nonimmigrant Visas: 
Profession/Occupation: 
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.

Change of Status on an H-1B Approved for Consular Processing

I'm currently working on H4-EAD in USA. I have approved H1 I-797B with employer "ABC" having start date as 11/16/2020 under consular processing in cap. Can employer "XYZ" file H1B transfer before my start date with "ABC"? If yes, can he do it with change of 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

Add new comment

Unstamped H-1B Quota Exemption

I had an H1B from my previous employer that was valid from Dec 2016-Dec2017. I never got the visa stamped and it has complete 6 years unused on it. The question I need your help with is if an employer files H1B for me, would it be eligible for Cap-Exempt processing or not?

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

Add new comment

H-1B portability without a visa stamp

I came to US on H-4, so I have only H-4 stamping in my passport. Got my H1b picked up in lottery two years back, and did COS to h1, and have approved i797A with I-94 and working with my current employer. Got an offer from another company, and they filed my H1b transfer, and got the i-797A approval with I-94. So my question here is, can I join the new company using the H1b transfer approval, even though I don’t have H1b stamp at all in my passport? Will this be a valid H1b transfer?, or should I go back to India to get my H1b stamping to join the new employer?

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

Add new comment

H-1B no notification of termination, 60 days grace period, etc.,

My employer ended my employment due to COVID reasons on May 31, 2020 but I never received an official termination letter. Calculating the grace period depending on the assumed termination date mentioned above, I have till July 30 to find a new job. Should my new employer give me an offer or start the H1B transfer application before July 30? What happens if they fail to do so in time? Can I extend the grace period on the basis of having an offer in hand or maybe because of the pandemic? My final interviews with potential employers are being withdrawn because of the time restriction.

Watch the Video on this FAQ:

H-1B no notification of termination, 60 days grace period, etc.

Video Transcript

File a complaint against the employer with the Wage and Hour Division of the U.S. Department of Labor by filling up the form WH-4. You can also call them. 

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

Add new comment

Applying for tourist, visitors, B-1, B-2 to maintain status

Spoken to the current employer's attorney on Tourist visa , they replied its not a correct path moreover it takes much proofs to tell USCIS i was on H1b working for employer and then changing to visitors and then after certain period of time when i find a project, changing it back (i.e applying) to h1 makes this case more complex.

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

Add new comment

Pages

Subscribe to Change of status