Attorney Nehal (Neal) Trivedi is a Hofstra University Law Graduate (New York), a US Licensed Attorney, since 15+ years, with its work locations in Jericho area of NY, USA; and is authorized to practice US Immigration law in all States of USA. The candidates may be located anywhere in world. One of the advantages being with us is we attempt to provide fairly reasonable priced services. We can also work on Students Visa to H1b Visato Green Card filings. To bring your spouse in USA, on marriage basis we work on Marriage based Green Card fling matters. Inquiries To file new h1b, or to transfer existing h1b visaor for h4 related matters, send your details. Attorney Nehal also works on Business Licenses and Permits.
If candidate already on H1b Visa in US, change or extension of h1b work Visa could be done now. Please note we do not find H1b employers for any candidates. It would be wise to ensure eligibility of company, job, candidate, quota, etc. before attempting for filing h1b visa.
Aprx. 1,90,000 H1b visas were received in year 2019, Aprx. 161,369 H1b visas were issued/received in year 2014, and 172,748 in year 2015. Under the H-1B1 visa program, the INA permits non immigrant professionals in specialty occupations from countries with which the United States has entered into certain agreements that are identified in section 214(g)(8)(A) of the INA to temporarily enter the United States for employment in a specialty occupation. Employers seeking to employ non immigrant workers in specialty occupation sunder H-1B, H-1B1, or E-3 visas must file a labor condition application with the Department of Labor as described in § 655.730(c) and (d). Certain procedures described in this subpart H for obtaining a visa and entering the U.S. after the Department of Labor attestation process, including procedures in § 655.705, apply only to H-1B non immigrants.
The max period for H1b Visa is 6 yrs. (3 yrs. extendable up to 6 yrs.). Even after 6 yrs., h1b visa is extendable if GC processing is pending at the relevant time, depending on case basis, etc.
Husband, Wife, Kids of H1b approved candidates can join to USA on H4 Visa basis.
H1b Filing Fees:
Basic USCIS Filing Fees are $ 460+**.
Other fees and expenses apply. Fees depends on various factors and is not uniform for all h1b filing companies or candidates. Fees could be :US $ 460 + $750/$1500 + $500 + $1225 (Optional ) (newly introduced applicable in some cases 4K). Within these, there are provisions of exemptions to some fees, which is dependent on many facts about company working for, candidate, etc…
New H1b filing acceptance for candidates of India, or from anywhere, for work period beginning October 2020 will begin on April 1, 2020. There is a fix number quota system opted by US immigration authorities and not all the h1b petitions filed woud be accepted and not all the petitions filed would be approved. Please call/email us to help you file New Petition. Our service charges are very competitive, and affordable.
H1b work Visa would allow the candidates from countries in the world, to work and live in USA, with family. We work with professionals for H1b work Visa and also for Marriage based Family visas. We are associated with Lawyers for USA immigration related services. Our US based services focus in area of H1b work Visa, and Family based visas. Our group consists of independent Lawyers affiliated with us.
Every year, millions of people visit USA on Student, as H1b Professionals, Family based visa holders, Business visa holders, Artist or in other category. Compliance to Labor and immigration law and genuiness of intentions are very necessary and we strongly recommend to abide by that. We could also provide discounted services to students, new start up employers, or needy h1b professionals. We respect US and US law and would request all to abide and respect by US laws.
** plus expenses, USCIS Filing Fees, etc.
Please note that H1b Visa Petition and other matters, even when made to USCIS, is not always accepted by USCIS due to quota, lottery system, other reasons. Please take a note that in the event of petition not elected/acceptrd/approved by USCIS in lottery system, or for any other reason, than the amount, time, expenses, fees, spent could be wasted. There is no guarantee any petition would be appoved by USCIS, even when accepted, because of mutiple factors deciding this. There could be delays in deciding matter.We urge all employers and candidates in abiding by relevant US immigration and Labor laws, also do not make any misrepresenations. Also we urge all employers, employees and all concerned to provide only true information and documentations. The contents and information on this web site could be old, incorrect, non verified.The web site managers, owners, Employees, workers, etc., or advertised/ affiliated Lawyers or service providers, or any other person attached to this web site do not assume any liability whosoever to anybody. If anyone acts on our or site’s contents basis, or interacts with us in any manner, assigns us any task, or takes any information or help from us, they do that on their own risk, and understand and agree to above. Please do not assign any work to us or deal with us if you do not agree to above. Note: This site and its information contents are under test and may not reflect: accurate, complete, true contents, information, knowledge. Contents of all pages, and Attorney names and phone numbers at all places related to attorneys, are advertisements. The site is not owned by Attorney Nehal Trivedi or other Attorneys.
ONLY – If you are currently working on H1b Visa, or was on H1b Visa in past. Free Evaluation of your H1b working Rights. We will ensure: you are/were paid you are entitled to, not exploited, given your wages, not fired illegally, etc.
Get back your money YOU MIGHT BE ENTITLED TO ! !
Do you know – H1b Companies had been compelled to pay thousands and millions in cases, for their violations and unfair approach towards h1b employees/ candidates. In one of the matters, H1b Company was ordered to pay $ 225000 in back wages and huge penalty. In yet another case, it was found that several H1b Employees are owed $ 3 Million in back wages…Harsh steps were taken against company for their approach and non payment to H1b candidates…
Various companies including Cognizant, Infosys, and many middle and small companies were also compelled to make payments to H1b employees, for their non payment, less payment, or other issues.
H1b Employees – Email Lawyer to find out if you are legally entiled to financial monetory or other reliefs.
If you are working as an h1b candidate or has been working as an h1b candidate in past, and had issues with h1b employment: coercion, force, illegal deduction from salary, employer making you pay all h1b fees, benching, improper termination, non payment of salary, payment of less salary, exploitation, dicrimination, working conditions, etc., Attorney will help get you your rights to get you past appropraite Salary, wages, or many other employment related rights. The law does not allow any h1b candidate to be discrimiated on the basis of h1b status. We hope our knowledge and skills in this area would be beneficial to you. Email: email@example.com with summary and details.
Filing Petition for your Husband / Wife:
File papers for your Husband / Wife for you at Low Fees. Just send email to firstname.lastname@example.org.
In order to bring your spouse (husband or wife) to live in the United States as a green card holder (permanent resident), you must be either a U.S. citizen or green card holder.
What Is a “Spouse”? A spouse is a legally wedded husband or wife.
The First Step toward an Immigrant Visa: Filing the Petition
The first step is to file a Petition for Alien Relative, Form I-130, with the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) for your spouse (husband or wife) to immigrate to the United States.
In certain circumstances, a U.S. citizen living abroad can file an immigrant visa petition outside of the United States. Review Filing Immigrant Petitions Outside the United States to learn more
U.S. Sponsor Minimum Age Requirement
There is no minimum age for a U.S. sponsor (petitioner) to file a petition for a spouse. However, you must be at least 18 years of age and have a residence (domicile) in the U.S. before you can sign the Affidavit of Support (Form I-864 or I-864EZ). This form is required for an immigrant visa for a spouse and other relatives of U.S. sponsors.
Is Residence in the U.S. Required for the U.S. Sponsor?
Yes. As a U.S. sponsor/petitioner, you must maintain your principal residence (also called domicile) in the United States, which is where you plan to live for the foreseeable future. Living in the United States is required for a U.S. sponsor to file the Affidavit of Support, with few exceptions. To learn more, review the Affidavit of Support (I-864 or I-864EZ) Instructions.
If You Were an LPR and Are Now a U.S. Citizen: Upgrading a Petition
If you filed a petition for your spouse when you were a lawful permanent resident (LPR), and you are now a U.S. citizen, you must upgrade the petitionfrom family second preference (F2) to immediate relative (IR). You can do this by sending proof of your U.S. citizenship to the National Visa Center (NVC). You should send:
If you are now a U.S. citizen, you must file separate immigrant visa petitions for each of your children. If you upgrade a family second preference (F2) petition for your spouse and you did not file separate petitions for your children when you were a lawful permanent resident (LPR), you must do so now. A child does not receive derivative status in an immediate relative (IR) petition. This is different from the family second preference (F2) petition where a child is included in his/her parent’s F2 petition. A child is not included as a derivative in his/her parent’s IR petition.
Children born abroad after you became a U.S. citizen may qualify for U.S. citizenship. They should apply for U.S. passports. The consular officer will determine whether your child is a U.S. citizen and can have a passport. If the consular officer determines your child is not U.S. citizen, the child must apply for an immigrant visa if he/she wants to live in USA
Study in USA
Each year, thousands of students from all over the world come to USA for study, and eventualy settle down in USA, after getting necessary approval for Green Card. Process of : Students Visa to H1b Visa, to eventually getting US Greencard has become so common. However, it takes so many years, and compliance, to complete this cycle. Many Students choose to go back to their home country after completion of studies.
Generally, a citizen of a non us country, who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence. You must have a student visa to study in the United States. Your course of study and the type of school you plan to attend determine whether you need an F-1 visa or an M-1 visa.
To enter the United States to attend:
You need the following visa category:
University or college
Private elementary school
Another academic institution, including a language training program
Vocational or other recognized nonacademic institution, other than a language training program
Students cannot travel on the Visa Waiver Program or with Visitor Visas
Citizens of Visa Waiver Program (VWP) participating countries who intend to study cannot travel on the VWP or on visitor (B) visas, except to undertake recreational study as part of a tourist visit. Students must travel to the United States with student (F-1 or M-1) visas. For more information on the VWP, see Visa Waiver Program.
For short periods of recreational study, a Visitor (B) visa can be used
Enrollment in a short recreational course of study, which is not for credit toward a degree or academic certificate, is permitted on a visitor (B) visa. Learn more about Visitor Visas.
Study leading to a U.S. conferred degree or certificate is not permitted on a visitor (B) visa, even if it is for a short duration. For example, distance learning which requires a period of time on the institution’s U.S. campus requires an F-1 visa.
Before you can apply at a U.S. Embassy or Consulate for an F or M student visa, you must first apply to and be accepted by a SEVP approved school. Visit the Department of State Education USA website to learn about educational opportunities for undergraduate and graduate study, opportunities for scholars, admissions, and more. You can also visit the DHS Study in the States school search page to search for SEVP-certified schools.
When you are accepted by the U.S. school you plan to attend, you will be enrolled in the Student and Exchange Visitor Information System (SEVIS). You must pay the SEVIS I-901 Fee. The U.S. school will provide you with a Form I-20 to present to the consular officer when you attend your visa interview. If your spouse and/or children intend to reside with you in the United States while you study, they must obtain individual Form I-20s, but they do not pay the SEVIS fee. Visit the U.S. Immigration and Customs Enforcement (ICE) Student and Exchange Visitor Program (SEVP) website to learn more about SEVIS and the SEVIS I-901 Fee.
How to Apply
There are several steps to apply for a visa. The order of these steps and how you complete them may vary at the U.S. Embassy or Consulate where you apply. Please consult the instructions available on the embassy or consulate website where you intend to apply.
Complete the Online Visa Application
Schedule an Interview
While interviews are generally not required for applicants of certain ages outlined below, consular officers have the discretion to require an interview of any applicant, regardless of age.
If you are age:
Then an interview is:
13 and younger
Generally not required
Required (some exceptions for renewals)
80 and older
Generally not required
You must schedule an appointment for your visa interview, generally, at the U.S. Embassy or Consulate in the country where you live. You may schedule your interview at any U.S. Embassy or Consulate, but be aware that it may be difficult to qualify for a visa outside of your place of permanent residence.
Wait times for interview appointments vary by location, season, and visa category, so you should apply for your visa early. Review the interview wait time for the location where you will apply
Submit your information:
A. For H1b Visa: Provide information mentioned below:
1. H1b Employer: Organization Name,Tax ID, All Addresses, Total revenue since last 3 years, proposed income for next 2 years, Work Location, Corporate address and Phone, Web site, work areas, Name of Supervisor signing papers, Designation of Person Signing papers, Total Number of Employees, Number of existing H1b and L1 employees in entire company; the organization is Profit or Non Profit; Educational Institution, Or Government Agency, etc.
2. H1b Candidate: First Name, Middle Name, Last Name, DOB, Home Country detailed Address, Passport details, Passport address, Salary Offered, Job Position offered, candidate possible work locations(all) addresses, Third party clients site addresses – if working at client site, Expected Employment Start Date, Past Experience, Education, Merit Certificates, Computer courses done, Detailed Resume with job dates, Marital Status with Name, Children, with Name.
3. Documents required: Candidate: Educational certificates, Foreign Education Evaluation, Experience Yrs. and Certificates, Job related Certificates, Resume, Birth Certificate, Passport Copies, Past H1b and L1 Company and dates, US presence from and to dates with visa status during that period, Family Members’ information: Names, Relation, DOB, Current Location, Current US status if in US; Complete Address in NON US country, Complete Address in US, Email ID, Phone.
4. If New company: Company Tax papers, Incorporation papers, business related papers, office photographs.
5. If working at client site – name, address, location, web site of client sites; current and proposed income of client; contract between client / third party and h1b employer, Job Position: Duration, Salary, Job duties described, etc.
B. For Green Card filing for husband or wife of US Green Card Holder or US citizen, provide information about yourself and your Husband and Wife:
1. US person: Current US Status, First Name, Middle Name, Last Name, DOB, SS Number, Residence address and Phone current and past, Home country current and past addresses, Education, Salary, Occupation, Assets overview, Passport Number and details, Marital Status, Children’s Names, Addresses, DOB, Past Marriage details.
2. Your Wife/ Husband in Home country, or in USA:
If in USA, Current US Status, First Name, Middle Name, Last Name, DOB, SS Number( if any ), Residence address and Phone current and past, Home country current and past addresses, Education, Occupation, Passport Number and details, Marital Status, Past Marriage details, Children Names, Addresses, DOB.
3. Documents Required:
For Husband and Wife: Marriage Certificate, Passport Copes, Birth Certificates, Marriage Photographs, Affidavit by closest relative- Mother, Father, Brother, about Facts of Marriage, Location of Marriage, date of marriage, addresses – Time spent together after Marriage, Document showing names of both – in Bank account, Property, Home lease, likewise.
C. For Student Visa- To Study in USA
1. US College or Education Institution Details: Name, Address, Locations, Photograph, Web site, Email, Courses Offered, Establishment year, Total Number of students enrolled, Medium of education.
2. Student Details: Level of study( Undergraduate/Graduate/Masters, Academic), Education/Training Opted for, Major Subjects opted for, Duration of studies, Past educational background, Intended Degree/ Certificate, DOB, Passport details, First Name, Middle Name, Last Name, Home Country complete address, Phone, Email ID, Languages Known, Document showing Proficiency in English.
3. Documents Required: Students DOB, School Leaving Certificate, Past Education Certificates, Transcripts, Education Evaluation by WES or Equivalent Body, Passport copies, Resume with dates, Work Experience, I 20 Form provided by educational Institution to student – on Acceptance by educational institution , Documents to show Courses or Major opted for, Fees Receipt provided by College, Application Form, College/Institution Brochure/Booklet– All copies, no originals.
Please note that: Please note that any information, news, contents, etc. available on this web site may be obselete, untrue, non accurate, incomplete, false; and should not be considered legal advise or true, or legal information. This site and all page contents are under test. and may not reflect: accurate, complete, true contents and information.
F1 to H1b – Cap Gap
Each year, F-1 students seek to switch nonimmigrant classification from F-1 student status to H1b work Visa after completing a program of study or post-completion optional practical training (OPT). Cap Gap allows some F-1 students to be eligible for an F-1 status extension authorized period of post-completion OPT.
General Eligibility: If a F1 Status of student is expiring(OPT is expiring, or 60 days grace period is expiring) after filing H1b petition( normally April, 1 ) but before start of employment date which could be normally Oct 1), such gap in status is pardoned for student and student is considered to be on valid status till- if H1b Petition, denied, till outcome of petition, and if approved, till October 1, when new h1b Visa Status is granted.
Student may be eligible for an extension of your F-1 status through September 30 if they meet the following requirements:
You( Student ) may be eligible for an extension of your F-1 status and authorized period of post-completion OPT (including the STEM OPT extension) in the following circumstances:
While you are generally eligible for a cap gap extension if you meet the above qualifications, your individual case may be different. You should always talk with your designated school official about whether you would qualify for a cap gap extension of your F-1 status and, if applicable, your work authorization. Additionally, you should maintain regular contact with your potential employer to receive updates on the status of your H-1B petition should they file one for you.
International Students: STEM OPT Extension Eligibility
DHS grants STEM OPT extensions to eligible F-1 students who are currently in a period of post-completion OPT once per degree level (i.e., bachelor’s, master’s or doctorate). A student may participate twice in the STEM OPT extension over the course of their academic career. Students may not apply for STEM OPT extensions during the 60-day grace period following an initial (usually 12-month) period of post-completion OPT.
To participate twice in the STEM OPT extension, a student must earn a second qualifying degree at a higher education level and must be participating in an initial period of OPT at the time they apply to USCIS for their second STEM OPT extension. In some cases, students may be eligible to use a prior STEM degree to qualify for their second STEM OPT extension. More information about using a prior STEM degree to qualify for a 24-month STEM OPT extension is detailed in the “Degree” portion below.
To qualify for the STEM OPT extension, an F-1 student must hold a bachelor’s degree or a higher degree in an eligible STEM field from an SEVP-certified school that is accredited (by an accrediting agency recognized by the U.S. Department of Education) at the time the student submits their STEM OPT extension application to USCIS.
Under certain circumstances, an F-1 student may use a prior STEM degree from a currently accredited SEVP-certified school to fulfill this eligibility requirement. To use a prior degree to qualify for the STEM OPT extension, the F-1 student must:
For more information about which programs of study qualify for the STEM OPT extension, visit our eligible classification of instructional programs codes resource page.
In order to receive the STEM OPT extension, a student must pursue their practical training through an employer that is enrolled in USCIS’ E-Verify employment eligibility verification program.
Additionally, STEM OPT extension applicants must select employers that can guarantee the student will complete a minimum of 20 hours of work per week and provide the student with formal training and learning objectives.
The student must work with their potential STEM OPT extension employer to complete the Form I-983, which must include how the training opportunity has a direct relationship to the student’s qualifying STEM degree. Visit our Students and the Form I-983 page to learn how to properly complete and submit the Form I-983.
F-1 students cannot qualify for STEM OPT extensions unless they will be bona fide employees of the employer signing the Form I-983 because F-1 students may not provide the employer attestation (i.e., signatures) on their own behalf. However, they may use a start-up business so long as all regulatory requirements are met. The employer that signs the Form I-983 must be the same entity that employs the student and provides the practical training experience.
Please note that a student’s post-completion OPT employer does not need to be the same as the student’s STEM OPT extension employer.
Students in 60-Day Grace Period
Like the 17-month STEM OPT extension, students may not apply for STEM OPT extensions during the 60-day grace period following an initial (usually 12-month) period of post-completion OPT.
Accordingly, if a student anticipates that they will enter the 60-day grace period before May 10, 2016, the student should not wait to apply. Such a student should apply for the 17-month STEM OPT extension before their initial OPT period expires and follow the respective transition plan that applies to them.
Optional Practical Training (OPT) for F-1 Students
Optional Practical Training (OPT) is temporary employment that is directly related to an F-1 student’s major area of study. Eligible students can apply to receive up to 12 months of OPT employment authorization before completing their academic studies (pre-completion) and/or after completing their academic studies (post-completion). However, all periods of pre-completion OPT will be deducted from the available period of post-completion OPT.
All OPT must be directly related to the student’s major area of study. Students may participate in OPT in two different ways:
F-1 students may apply to participate in pre-completion OPT after they have been enrolled in school for one full academic year. Students authorized to participate in pre-completion OPT must work part-time while school is in session. They may work full time when school is not in session.
F-1 students may apply to participate in post-completion OPT after completing their studies. Students authorized for post-completion OPT may work part-time (at least 20 hours per week) or full-time.
Please Note: Practical training may be authorized to an F-1 student who has been lawfully enrolled on a full time basis for one full academic year at a college, university, conservatory, or seminary that has been certified by the U.S. Immigration and Customs Enforcement (ICE) Student and Exchange Visitor Program (SEVP) to enroll F-1 students. The “one full academic year” requirement may be satisfied while in another nonimmigrant category, not just while in F-1 status. Students may participate in OPT both before and after completing their studies. However, all periods of pre-completion OPT will be deducted from the available period of post-completion OPT.
Students who have earned degrees in certain science, technology, engineering and math (STEM) fields may apply for a 24-month extension of their post-completion OPT employment authorization if they:
If you are interested in applying for a STEM OPT extension, please see our Optional Practical Training Extension for STEM Students (STEM OPT) page for more information.
Generally, if you are an F-1 student who wants to apply for OPT, you must:
|If you are applying based on a…||For…||Then you…|
|STEM degree||Pre-completion OPT|
|Initial post-completion OPT|
|Post-completion STEM OPT extension|
|Non-STEM degree||Pre-completion OPT|
You may begin your OPT only after USCIS approves your Form I-765 and you receive your Employment Authorization Document (EAD).
If you are an F-1 student with a timely filed H-1B petition and change of status request, and your F-1 status and employment authorization will expire before the change of status to H-1B occurs (typically October 1), you may be eligible for a cap-gap extension. Go to our Cap-Gap Extension page for more information.
Citizenship Filing : Start the process for just $ 500.
You may apply for naturalization when you meet all the requirements to become a U.S. citizen. General eligibility requirements are the following:
Regular Filing Fees: $640. (Add the $85 biometric fee for a total of $725, where applicable. See exceptions below.)
You must make your check payable to Department of Homeland Security. Fees are accepted in the form of a money order, personal check, cashier’s check, or credit card payment.
Yes, H1b visa holder or H4 visa holder could start their own new business in USA. Contact Attorney Nehal Trivedi.
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