Video Recording for US Immigration related Community Conference Call, August 21

[Reddyb1234]

Hi Rajiv ji,

I am completing H1b 6 years and moving back to India in Sep 2014.

Am I eligible to apply new H1b in Apr 2015 quota as I complete 1 year outside US by Oct 2015 start date

Or I need to wait until Apr 2016 quota

Please help me

Thanks
Reddy

 

[Jinii]

My husband’s H1B visa is due for extension on November 31,2014. I am on H4 visa and the visa expires on November 31 st, 2014 as well. I got a project and the prospective employer initiated my H1b visa process for change of status from H4 to H1b. The employer received a RFE and subsequently has received a denial notice.

I have few questions:

a. Does this affect my H4 status or I am good until Nov. 31st, 2014? My I-94 expires on Sept 31,2014. My prospective employer is thinking of appeal as if now.

b. My husband’s employer Legal team has started his H1b extension process and inquired about my status. Since my H1b visa petition was under process, we notified them. Should we let his employer know my visa denial and if the legal team can consequently put me under his extension petition as a dependent? Can I put my H4 extension along with the H1b appeal process at the same time?

c. Further, we both have booked our tickets to visit India in December, 2014. For some reason if the H1b (regular processing) doesn’t get approved. Does my husband’s H1B extension and my H4 extension can both go under premium process?

d. For my knowledge, how bad the H1b denial affects me? Does it stay on my record and do I have to share it with the prospective employers in future?

 

[abp]

Hello Rajivsir,
My question is regarding Immigration visa.
i-130 was filed for wife of USA citizen husband-march-2013
USCIS approval -April 2014
AOS fees paid- June 2014
ds 261 form ( choice of address and agent ) -completed -1st week of june 2014
Still IV application fees is not invoiced !!! ( The web portal states that within 3-5 days of submission of ds 261 form , iv fees will be invoiced ; in my case its been 2 months +2 weeks , still i can't pay the fees . )
What is going on ? How long it will take to invoice the fees ?
We have already call NVC ,their response is wait ,and Email is not responded yet ( already 3 weeks) .
Thank you in advance for your valuable response!

 

[mrsekhar]

Dear Mr. Rajiv,

My current H1B expires on Sep 15th 2014 and this is my 6th year. I received Eb-1b petition approval this week. Prior to this, my Attorney advised to capture vacation time on my current H1-B to keep my status as we were not sure when we will receive a decision on Eb-1b. Now, since Eb-1b case was approved, my attorney advised that it would be best to simply file the I-485 and EAD work card at this time instead of the H-1b. He further mentioned that - "although it could take up to 3 months to get the EAD and you would technically be working illegally if you continue to work after the expiration of the current H-1b (i.e. Sep 15th, 2014) and the EAD has not been approved yet, you are allowed to work illegally for up to 180 days without detrimentally affecting your green card application."

I am not sure if this a good advise or it would best to keep the status by applying for H1B extension with I-140 being approved in Eb-1b case, and pursue for I-485 and EAD work card. Your advise is immensely appreciated.

Thank you for your services to immigration community,
Raja.

 

[prodigy7035]

Hi Rajivji,
I am on J1 exchange visitor, which is expiring end of this month. I have J1 waivers, but no job offer from academic or non profit research organization to convert to H1b. I have 30 days J1 grace period until end of September. Now I am thinking of changing to B2 or F1, Can the request for change of visa status be made in grace period or should it be done within this month. Also if one of us ( me or my wife has I 20) can other person stay as dependent if we convert to this status within USA.