August 06, Community Conference Call with Attorney Rajiv S. Khanna, Recording Available

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Hello Sir,

I am currently on H1-B working full-time. I am selected for another full-time job and my last working day with my current employer was 07/31/15. My new employer has filed the H1 Transfer - premium processing (the transfer documents package was sent on 7/28/15) but has still not received the receipt/acknowledgement, nor the checks have been cleared. Now that my last date has already passed and I cannot start working until my new employer has received the receipt, could you please let me know how much time I can be unemployed during this transfer process, without being out of status?

Hi Rajivji,

My sister filed petition on 05-05-2003(F4 category ),petition approval date is 04-aug-2009.Now my priority date is about to current soon,I am principal beneficiary and my child is secondary beneficiary who is unmarried.

My Question is
"My child's date of birth is 02-05-1992(24 Years) i want to take him with me but as he is above 21 years of age and its confusing to me whether CHILD STATUS PROTECTION ACT(CSPA) applies to him or not ?or do i need to file any extra form to NVC or mumbai for the same? if yes then which form or petition is required to file and where?"
Do we need to fill any form or inform USCIS about my over age or its auto calculated at the time of visa interview(For application of CSPA)?

Please,Guide me on the same.

Thanks & Regards
Hi Rajiv,
I am from India and my F1 visa was refused 9 years back under section 212a6ci. I sincerely regret that it happened due to my carelessness and partial knowledge while preparing documentation. I was not given any refusal letter during rejection and was asked to apply again. I tried twice and left the F1 hope at that time.
Now an employer is applying H1b for me.
Would the previous rejection cause any problem for my H1B visa stamping?
Am I eligible for waiver now? Should I ask the attorney to prepare a waiver package for me before going for stamping so that I can apply the wavier during visa interview? Or do I need to wait until the Visa officer recommends a waiver?
Ideally how much time it takes to prepare such a waiver package?
Is it difficult for the waiver to be approved?
If waiver is approved for 1 year initially, can it be extended later and can I stay in US till my H1 is expired?
Is the waiver applicable only for non-immigrant visa? Or is it applicable for applying green card as well?

Please suggest good option
Hello Mr. Rajiv,
Thank you for taking out time to host these calls. I always try to listen to them and update my knowledge about the immigration laws. Very helpful.

I had the following questions if you could oblige to help please -
1. Can a candidate call the USCIS directly to ask questions about their case (H1B in this case) or we have to ask the employer to do so?
2. What is the process of changing from one job title to another (under H1B) when they don't fall under the same occupation classification but with the same employer? Please clarify the process.

Appreciate all the help!

Hi Rajiv -

Thanks a lot for your service to the community.

Below are few questions I have w.r.t my previous employer and his harassment. Can you please provide your inputs on the same?

I used to work for a consulting company which was adopting some shady practices like not paying while on bench and asking for money to run paychecks. After being with them for few months, i resigned one day by sending them an resignation mail. Given that they have stopped paying me while on bench and started harassing to pay money to run payroll, i didnt give them any notice and i left them by resigning point in time.

Is there any rule that I need to give notice to my previous employer before resigning as per law? He was smart enough to play around the legal system and started harassing by making calls instead of leaving any trail of the harassment.

I have refrained for any further action from my front to avoid getting any hassles, but wanted to see what are the legal implications of this issue.

Hi Rajiv Ji

This is regarding the experience letter for I-140. I am having issues to get experience letter from my previous employer and he is not providing it. Hence in-order to get around the issue would it be ok to get the experience letter from the middle vendor for the duration which I have worked with them? My previous employer is avoiding my request by mentioning that he is looking into it for a while and is not providing me the letter.

For Example:

I worked with Employer X for 3 years under EVC model as follows:
  1. Employer X - Vendor A - Client A - 1 Years
  2. Employer X - Vendor B - Client B - 2 Years
Since my GC application requires a minimum of 2 years experience, I am planning to get experience letter from Vendor B above by mentioning that I worked through Employer X at Client B through Vendor B for 2 years.

Will the above experience letter suffice the req for I-140?

Thank you
FAQ: Investing/doing business while on H-1
Hello Rajiv,

I am on H1B visa and my wife is on H4 EAD (recently approved), I wanted to start an LLC for consulting business and have my wife as an employee. I did some google search and found out that, one cannot start a business as an H1B holder. Wanted to check the validity of this statement with you? Also, if I am not eligible to create an LLC - could my wife do (as she has an EAD) and work in the same company and draw salary?

Kindly advise.

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