Feb 05, 2015, Video Recording available for Community Conference Call with Attorney Rajiv S. Khanna

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Dear Mr. Khanna,

I got my PhD from USA (2002-2007, F1). I worked from October 2007 to June 2012 at three different companies using H1b (4 years 9 months).
Do I need to apply for a fresh H1b on April 1st to enter or I have other options such as cap exempt quota.

Thanks a lot.

Dear Rajivji,

This is for my brother

His background:
He did his masters in "communicative science and disorder"(Speech-Language Pathology) and graduated on April 2014 from WestChester University of PA.
He is currently on OPT visa since May 2014 and was doing his Clinical Fellowship year (CFY) from last june onwards.
The speech-language pathology clinical fellowship (CF) is the transition period between being a student enrolled in a communication sciences
and disorders (CSD) program and being an independent provider of speech-language pathology clinical services.
But, last year on October 21st, he had a major car accident and was hospitalized for 3 months. He would need atleast another 3 more months to get back to his work.

His Current OPT Visa validity is from May 2014 to May 2015. Because of the accident he couldn't use his OPT to complete the Clinical Fellowship
to become a professional speech-language pathologist. So is there any way that he can extend his OPT Visa on medical reasons?
Since he is not in a position to work now, his current employer will not be able to file for H1B visa this year.
But they were kind enough not to terminate his employment because of this unfortunate situation.
Could you please guide us on the options he has at this point to extend his OPT?

Looking forward for your response,

Thanks for the open forum opportunity. I recently heard that there is a new directive within USCIS about non-IT background (by way of education) folks being screened extra carefully, or denied too, for H1B visas on jobs related to programming of any sort. Is there any such directive? Commonsense suggests its straightforward but there are certain programming jobs better suited for life sciences students (SAS Clinical for example).
please share your thoughts on this.

Rajiv S. Khanna

HOST, Immigration.Com
Staff member
FAQ: H-1 quota applications
FAQ: Can I postpone H-1 status
Currently I'm on L1-A status and it expires in *** hence my employer is planning to file new H1-B this April not change of status.

Here are my questions...

1) If I get H1-B this April, does it mandatory to work on H1-B from Oct 01, 2015?

2) Shall I continue with L1-A status until it expires and then can I change to H1-B?


FAQ: When do I become exempt from H-1 quota
I have spoken to you last year regarding the EB2/EB1 visa for extraordinary ability professionals and found out that I don't qualify for it. Thanks for your guidance that time. I have another interesting query where I need your expert guidance. I got my H1B petition approved in 2008 and again got it extended in 2008 unto Jan 2011. Now, I have never used both these visa's to work in US. Though, I have traveled few times to US but on B1 visa for meetings with customer. Today, one of my friend told me that I am eligible for cap exempt H1B application if I get job in US. Also, what will be the processing time for this cap exempt H1B. Can this be done in premium processing in 15 days ?
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