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

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

Submitted by Chief Editor on

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?

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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Unstamped H-1B Quota Exemption

Submitted by Chief Editor on

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?

Watch the Video on this FAQ: Unstamped H-1B quota exemption

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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H-1B portability without a visa stamp

Submitted by Chief Editor on

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?

Watch the Video on this FAQ: H-1B portability without a visa stamp

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

Submitted by Chief Editor on

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

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

Submitted by Chief Editor on

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.

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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