We have compiled all the questions sent by people from all over the world that have been answered by our attorneys via the Ask Kidambi feature on the site. Please browse through them and if you don't find your answers, ask us a question and it will be answered by one of our attorneys within 48 hours.
Will I be out of status for 1 day?
My first H1B was expiring on 04/24/2010. so i applied for H1B extension in November and i got my H1B extension approved on Jan 5th from 04/26/2010 to 04/25/2013. Will I be out of status for that 1 day(04/25/2010)? Should I carry the additional documentation that was mailed to USCIS that we already asked for correction in case if we receive revised petition after 04/25/2010?
As long as the extension was properly filed (evidenced by a Receipt and the receipt date on the Approval Notice), you would not be considered out of status. Carry the original receipt with you when you travel.
Will I be able to submit a greencard petition and work legally in the US if I start with a new employer? I'm in the sixth year of my H1B.
Your only hope of being able to remain in the U.S. and continuing in H-1B status is if your Immigrant Petition is approved prior to the expiration of your H-1B visa (post reclamation of time). It may be too late to rely of the rule that allows for extensions based on a pending PERM application since you are already in your sixth year. There are other options in such situations including switching to a different status (F-student) and then returning to H-1B upon I-140 approval. However, it is best if you discuss this with an Attorney based on your specific circumstances.
Am I CAP subject if I accept temporary CAP Exempt employment?
You will no longer be subject to the CAP even if you accept temporary cap-exempt H employment. However, you could always choose to continue as a non exempt employee in H status to avoid any complications.
How do I correct my name on H1-B Approval Notice?
The first step is to correct your name as it appears on your Passport. Once this is accomplished, you could file an amended H-1B petition to correct the name on the H-1B approval Notice. This will also change your name on the corresponding I-94. Once this is accomplished, you could go about changing your name on your SSN and Drivers License.
Wrong Approval used for I-94 Validity - Am I out of status?
--I transferred my H1 from company A to company B and then I went to India and entered USA. At the time of entry I had visa stamp in my passport of my previous employer A, so I showed the H1 I-797 doc which has the validity till August 12, 2009. The Immigration officer has put the same date of August 12, 2009 on my I-94 card. But my current H1 with the current company B is valid until June 12, 2010. Is this a problem?
This is a situation that repeats itself over and over again. Individuals entering the U.S. show the POE Officer the wrong H-1B approval notice which leads to the situation that you are in right now. If you had discovered this error within days of entry, you could have gone back to the POE and sought amendment of the I-94. Now, it may be too late. So, your best bet is to seek an extension at the earliest and explain the error. Hopefully, you retained the I-94 affixed to the Approval Notice of Company B. While we have tried our best to provide you with direction here, it is best you seek an appointment to consult with an Attorney. Please visit our website to schedule an appointment.
H1-B CAP related question
-- My visa transfer from one company to another got denied in july'09 and at the same time my previous company also canceled my H1B so I didn't have status and came back to india, my visa expired in sep'09. The new company is filing H1-B. Am I subject to CAP and is my case a tranfer or extension or new?
You are no longer subject to the CAP, but your petition must be filed as "New Employment" with the same employer. However, your employer would have to notify the USCIS that this is the second petition they are filing on your behalf and seek exemption from paying the $500.00 fraud fee all over again.
I was employed on H1B visa and I just got laid off. Can I claim for unemployment benefits using my EAD ? Will it hurt my Green Card processing?
You could certainly apply for unemployment benefits. And no, it should not affect your GC processing.
Can My Wife Apply for H-4 Visa if her H-1B Visa Application is Rejected?
Generally, the answer would be yes. However, if the Consulate rejects your wife's visa application on substantive grounds (lack of evidence of work; failure to substantiate Employer-Employee Relationship; violation of status, etc.) it may be harder for her to apply for an H-4 visa immediately after an H-1B visa rejection. Therefore, it is important to ensure your wife has all the paperwork required for successful stamping before she leaves the U.S.
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