H Visa - Live Discussions from our Forums

I am on H4 visa depending on my husbands H1. I have a valid i.94 till sep 30th 2013. My husband changed his employer when he was changing we applied for both H1 and H4 extensions from new employer but his visa got denied at first and later file for motion to reopen and got it approved but the new employer did not file motion to reopen or any kind of filing for H4 extension. And the denail notice given to H4 has a 33 day time limit for any further actions which has expired. Now my Question is
1) Am i out of status?
2) can i reopen the denied i539 petition?
3) Can i apply a fresh i 539 just ignoring the earlier one?

Please help me as i have no more trust with my husbands employer.
Thank you

Hello
I'm on an H4 visa, through my husband's work a petition for green card was submitted two months ago. In the meantime I have a job offer, they are willing to file for an H1 (academic) for me.
Important question:
- will the change in status from H4 to H1 affect in ANY way the process/speed of getting the green card? Will we have to refile the papers for the green card?
The job is important, but not as much for me to jeopardize the green card.
In the meantime, since the H4 is expiring on August and the green card won't be ready, I already filed for a renewal of the H4. If I get the job: how do I proceed to change the H4 to H1?

Thank you

Can I use my PERM Prevailing Wage Determination to get an LCA to renew my H1b ? my Prevailing wage for my PERM is still valid.

Thanks

Hello,

New employer has applied H1 transfer in premium process on 9-May-2013, I see status update in USCIS below.

Initial Review
On May 14, 2013, the 15-day Premium Processing clock stopped on your I129, PETITION FOR A NONIMMIGRANT WORKER. A notice was sent on this date explaining the specific reason for stopping the premium processing of your case. This notice will contain detailed information on further action required by you. Your premium processing receipt notice contains contact information for direct inquiries on your case.

Is it RFE?

Below are my Questions please answer and help me.

1) I got the joining date from new employer on june-3, Do you want me to join or wait until it get approve?

As per law I can even work with present employer if it is denied

2)How many days premium process takes ?

Hello,

New employer has applied H1 transfer in premium process on 9-May-2013, I see status update in USCIS below.

Initial Review
On May 14, 2013, the 15-day Premium Processing clock stopped on your I129, PETITION FOR A NONIMMIGRANT WORKER. A notice was sent on this date explaining the specific reason for stopping the premium processing of your case. This notice will contain detailed information on further action required by you. Your premium processing receipt notice contains contact information for direct inquiries on your case.

Is it RFE?

Below are my Questions please answer and help me.

1) I got the joining date from new employer on june-3, Do you want me to join or wait until it get approve?

As per law I can even work with present employer if it is denied

2)How many days premium process takes ?

Hi.

I am from India, currently on a visit to the USA on B1/B2. I am looking for advice on any possibilities to get sponsorship to stay in the USA I feel it is best suited for me as I have been diagnosed with Multiple Sclerosis about a decade back and have been hardly on ANY medication since then, because the doctors back there are almost clueless on how to handle my situation. am restricted to a wheelchair now.Even the infrastructural facilities there are not upto the mark to meet the needs of people like me.

The first best thing that I experienced here in the US is the motorised wheelchair which has given me a lot of independence in terms of my daily life which was very unaffordable there in my country.

So basically I would like to ask whether there is any kind of possibility for me to get permission to stay back here and work to lead an independent life.And also what is the process and how much time it takes.

Thanks.

Hi,

I'm in a delegate situation here. I'm moving out of US on June 5th. My Extension will be filed to USCIS before that. I may not come back to US before Sep 30th (My Visa Expires)

is there any chance that my extension could be approved even if I'm not coming US before my current Visa gets expired?

Please help me out here.

Hi All,

I was wondering if you can suggest me what my options are, below is my situation.

I came to US on H4 and an employer applied for H1 and it was approved in October 2009 but he did not put me on project till March 2010, so no pay stubs generated. He did not pay me one or two months in 2010 and after then continuous pay stubs. now i have moved to a direct client company who holds my h1B and planning to go for h1B stamping in hyderabad.

what should be my answer at the consulate if they ask why i was not paid initially and why w2 does not have LCA salary.

My previous employer who applied my first h1b gave me offer letter from March 2010 will this help.

Some help would be greatly appreciated.

Thanks in Advance.

Already have H1B approval(Masters Category)-. Since my OPT ends 2-3 months before October i will be in CAP GAP, but planning to take a STEM OPT instead. Company A visa was approved and I will get H1 approval notice. Now I want to move to company B who are still not E-Verified. What are my options? Need to send B with clarification, pros and cons info.
1) Ask B to be E-Verified Move to B on STEM Apply transfer of H1b. B wants to know how much will it cost and procedure and if it will need A's permission.
2) Be in CAP GAP - then transfer.
3) if 2 fails apply STEP ask B to be E-verified
4) if 1,2,3 -transfer fails ask B to E-verif, apply for H1 next year.
5) B wants atleast 3 yrs of my work
B needs info on procedures, cost etc before proceed to nxt interview. B is very small company than A.

My petition got through lot and was also approved.. Also how do I check how my application was filed? like if it was files as change of status? Not sure what this means.. Someone asked me

When getting a H1B stamp in Consulate, is there a difference in interview timeline for somebody who is applying for H1B for the first time through CP versus somebody who already has H1B petition approved in US and traveling to his/her country?

Does anyone know if an H2B visa holder's SSN is valid for any employer during their stay in the U.S. or can their SSN only be used with their sponsoring employer? For instance, would obtaining additional employment in an unrelated field raise a red flag and prohibit the other employer from employing the H2B holder?

Hi,
Current Status: H1b (expires in Jun'13); 6Yrs in USA
I-485 filed in 2012 and have EAD valid till 2015 (I have not worked on/used EAD)

I am between the projects (bench) since one month on H1b (valid till Jun'13). My current company paid me using my accumulated PTOs in last two payrolls and now they do not have enough reserve to pay me. They are asking me to provide EAD card copy (valid till 2015) so that they do not need to pay me until I get a new project.They told me they will keep EAD copy for audit purpose only and will not withdraw my H1b nor will ask to fill new I-9 form for EAD. So, they will not do my status change from H1b to EAD. Once I come on EAD they will ask me to take Unpaid leave until they will find new project for me. Upon getting a new project they will switch me to H1b again. They will also use EAD to pay me for last 2 weeks salary at minimum state wage (non-H1b wage).

Now, I am also helping them to find a new project (Corp2Corp) and simultaneously searching out for H1b transfer (direct placement). Luckily, I found a company who is ready to transfer H1b and my pending Green Card. The new company has filed my H1 transfer documents (no receipt notice yet) along with I-140 copy in premium process and hopefully I will get 3 yrs extension.

Should I give EAD copy to my current employer? If I send copy to them then will it change my legal status to EAD? How may this affect my H1b transfer to the new company?

Thanks for your suggestions.

Hello,

I had an H1B visa for one year after which I changed employer and I had an extension while in the US. I went on a vacation and went to the US embassy with I-797 to get the visa stamp to be able to get back to work. I was put on extra processing for 8 weeks now. I went back to the US with my B1/B2 visa but my employer says I am not authorized to work as the I-797 is invalid anymore to confer work authorization once I left the US and the visa stamp is the only work authorization now. Is this true? and what can I do? I am in the US now and want to return to work?

Thanks,
Ahmed

Hi ladies and gents.
I am hoping I could get some advice on my situation. I am currently a permanent resident in Canada. My partner is working on an H1B visa in the US and we are wanting to get married. Consequently I would apply for an H4 visa. My question is this, should I apply from within the US, provided I will be granted a stay on my visitors visa. Or should I apply at one of the US Consulates here in Canada? Which would be a quicker process? Any advice and pointers on this would be greatly appreciated.

Many thanks in advance!
:o

Hi All,

I am working for a company, say company A, which holds my H1B(expiring on 07/15)

I got offer from two companies, say company B and C. Both applied for H1 transfer.
Along with H1, company B DOES NOT apply for H4 extension and C applies for H4 extension as well.

Both comapnies got approval.
Company B got till 12/15 (only H1)
Company C got till 01/16(for both H1 and H4)

Now I want to join company B, Please help me with below questions.
1. if I join company B, what will be H4 expiration date, 07/15 or 01/16?
2. Do I have to have H1/H4 papers from company C (if yes i am not sure how to get them from C because i am not joining them)?
3. Will this cause any problem in our GC?

Thanks
Sanjay

Hi all,

I'm currently working for a non profit organization. I have used up 4 years of my H1B. I don't know if my employer will sponsor GC for me. I plan to switch to a for profit company but the H1B quota has run out this year. If I switch next year, I will only have 6 months left, I don't think any company would sponsor me for just 6 months.

I'm just wondering if it is possible to be working for a company under H1B status while have another company files for an Eb2 GC petition for me at the same time.

And if I were able to have a company that is willing to sponsor the GC for me under EB2 now, How long will it take for me to start working for the company from the day the company starts the process?

Thank you,

Hi,

I am holding a valid H1B visa till nov 2014, from Company 'A'. but didnot travel to U.S still working in India. i got an offer from Company "B", Company "B" has filled H1B Transfer and H1B got transfered with appproval notice. Now I got a chance to Fly to U.S. next week from Company A. Can i travel to U.S from Company A?
Do I get any issues regarding this H1B transfer at board of entry / immigration?

Please suggest ASAP...

Thanks,
Suresh

Hi

I am on J2 (no 2 years residency required) with a valid EAD. I am doing my MS, finished initial two semesters and expected date of graduation is May 2014. My J2 is valid until August 2015.

1. Is it worthy to switch to F1 now as I will be eligible for OPT after graduation or shall I switch directly to H1B as I am not involved in residency requirement. In that case, will I eligible for USA foreign graduates H1B quota? (though i am on J2)

2. Since my J2 is valid until August 2015, can I process my H1B petition in April 2015? If it gets approved, how about the gap period between September 1 to Oct 1, 2015?

Please guide me.

Thanks.

Hi:

I am a H1B Holder and have a valid visa until 1st October 2013. My family lives here in the US with me and they are on a H-4. This summer, they like to travel for a month's vacation to India (Depart US end-June and return by end-July'13). I would like to know what has been the experience with returning families holding H4 visa - is it too risky that they should just take it easy and not travel outside US?

Appreciate your response please.

Thank you

Hi all,

I have a query regarding my H1 (in 6th year) which is expiring in March 2014.

Came to US: March 2008
6 year ending: March 2014
Never been outside US in H1 period.

I found a consultant who is ready to apply my GC and started the process. My labor will be filed around Jul-1-2013.
But my H1 cannot be extended after March 2014. This consultant has suggested me to go on H4 (my husband is on H1 which is valid till another 3 years) for 6 months after GC filing. And come back on H1 and recouping whatever my leftover time on H1. After finishing my H1, they can apply for extension.

SO, what I am trying to do is:
(just for number sake)
Labor file date: Jul-1-2013
Change of status (from H1 to H4 for 6 months): Aug-1-2013 (8 months still left on H1 at this time)
Change of status (from H4 to H1): Feb-1-2014 (This should atleast get me 8 months i.e. 30-Sep-2014)

Now, my question is: After 30-Sep-2014 can I extend my H1 on the basis of my Labor File date of Jul-1-2013?

Any help would be really appreciated!

Thanks.