H Visa - Live Discussions from our Forums

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US Immigration, Immigration to USA, Best US immigration forum, Rajiv S. Khanna, US Immigration lawyer, attorney
Updated: 5 hours 55 min ago

Possibility of H4 with unauthorized unemployment on F1?

Nov 14th 2017
One of my friends is currently on F1 visa and have worked for almost 11 months under the table paid in cash (no contract or ssn is linked). She is getting married now to an H1B (I-140 approved) visa holder and wants to change her status to H4 and later be a dependent on his green card application.

She talked to an immigration lawyer and the lawyer suggested that she should go back to home country and apply for H4 visa there. In the DS-160 which asks about "have you ever violated your...

Possibility of H4 with unauthorized unemployment on F1?

Can I get a valid US visa with my new surname (after marriage) on a passport which has old surname?

Nov 9th 2017
I am a Polish citizen currently present in US on F1 Visa. I will be doing a court marriage with a Chinese national in the US.
I am planning to take my future husband's surname.

Updating my surname in my Polish passport is a long and time taking process. I am planning to go to Poland right after our wedding to see my family and a small ceremony there.
Will it be possible to do something like this:

1. Get married here in the US and then get the marriage certificate (the name on it will be...

Can I get a valid US visa with my new surname (after marriage) on a passport which has old surname?

H1B visa transfer after I140

Oct 31st 2017
I have I140 approved since October 2016. If i would change my employer under the same skills in Nov,2017 , do they still need to process my i140 again. The attorney with new employer says you dont have to start the Green Card processing again or file a i140. He says we will just keep renewing your H1b with the approved i140. What is the uscis process for this type of case? Is there any other suggestion or recommendation that i should watch out for? Thank you for your response in advance.

Starting an enterprise while on H1b

Oct 29th 2017
Hi All,

Some of my friends and I, who are all on H1B visa, are planning to start an enterprise. Can someone in the forum tell me if it's legal to do so while working full-time on H1B. If it's not, can someone please weigh in on some of the options before us. Any input on this is greatly appreciated. Thanks.

H1B time recapture after being away for over an year

Oct 27th 2017
On H1B since March 17, 2006
I-140 Notice Date - Dec 20, 2011
I-797A Valid between 9/6/12 - 9/5/15
Priority date - May 26, 2011 (EB2)
Country of citizenship by birth - India
Education - Engineering Masters in the USA.

Left USA - Jan 2, 2014.
Out of USA since then.

I want to come back to the US on basis of unused portion of H1B and approved I-140.

Assuming that my last US employer has not revoked I-140, can my future employer transfer my H1B (not subject to 65k quota) and apply for a new...

H1B time recapture after being away for over an year

CAP Exemption Deadline date Question!

Oct 17th 2017
Hi Folks,

I have a stamped unused H1B Visa from my previous Employer. It is understood that H1B Visa is valid for a CAP Exempt Transfer for 6 years from the issued date.

Would like to know which is the last eligible date (6 years from Reciept date or Notice Date ? or stamp date ?) for CAP Exepmt transfer in my Case. Below are the dates from my i797B and Passport Visa Stamping.

I am based out of Canada.


Reciept Date :April 20, 2012
Notice Date :January 10, 2013

Visa Stamping :...

CAP Exemption Deadline date Question!

H4 stamping without H1 stamp

Oct 16th 2017

I got my H1 (had L1 and filed a change of status) this year. Till now my wife was on L2 and she too got her H4 (we both have our new I-94s). Due to some urgency she is planning to travel to India. We both do not have any H stamps on our passports. Will it cause any problem to her when she goes to Chennai for the H4 stamping. I have valid documents supporting my H1 status.

please advise.


REF for speciality occupation

Oct 11th 2017
I got an REF for the "evidence pertaining to the proffered position."
Can someone throw some light on my REF case for speciality occupation:

The following is what they requesting

1. Explain the proposed duties and responsibilities.
2. Indicate the % of time devoted to each duty.
3. State the educational requirements for these duties

I applied as a Computer System Analyst position, please help. I don't know how to do this, can some one give me the examples / samples or help me. Thanks at lot.

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Oct 11th 2017
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Urgent Hep Needed:: i94 expired

Sep 28th 2017
My friend spouse i94 expired on Aug 18th and i have believed it is August 25th 2017 so have initiated the process on August 20th. Our attorney filed the I-539 extension on August 27th stating the above reason. But the application is denied saying the extension would have been filed by August 25th as we believed. Could you please help and let us know how to proceed further.

H1b Transfer,extension issued I797A with out I94 validity till 2020 consular processing Hyderabad

Sep 28th 2017
I am in USA now , I am on my second h1b now with small desi it firm below 10 employee firm,My employer in USA applied for H1b extension in Jan 2017 In Aug 2nd 2017 , we received I797A with out I94 from USCIS , employer is not cooperating to provide documents for my h1b Transfer to new employer , How can I transfer my h1b to other employer ?? Please help me to resolve my issue ,

Below are issues from my employer:
I joined with this organisation in 2016 Dec landed in USA from India in Dec...

H1b Transfer,extension issued I797A with out I94 validity till 2020 consular processing Hyderabad

L1-B to H4 - Canadian Citizen

Sep 21st 2017

I am a Canadian Citizen and was working in the US on L1-B visa.

I found out today morning that my Employer as let me go and my L1 visa is not valid anymore.

He informed me that I have 60 days grace period to obtain valid status in US or I will have to leave.

My husband is on H1-B status in US, so I am planning to switch from L1 to H4 status.

My question is, can I travel to Canada and re-enter in US on H4 status, or will I need to file a change of status from within the US.

I live...

L1-B to H4 - Canadian Citizen

Applying for a new H1B after 6 years

Sep 19th 2017

I am a H1B holder with ~3months left on it. Due to some unforeseen personal reasons I could not apply for a green card in time.
I am staying in India for one year so that I can apply for a new H1B.

1. My stay abroad for one year ends on 7th May, 2018. Can I still apply for a new H1B in April 2018, as the applications are sent soon?
2. How long before I find out if I have been picked up in the lottery process?
3. If I do get picked up in lottery and I am approved,...

Applying for a new H1B after 6 years

On H1B Extension - is extension possible by new Employer

Sep 11th 2017
I had a I140 approved through Employer A in the month of June 2015. Moved to Employer B (Feb 2017) using the approved I140 by H1b Extension. Got an extension till DEC 2019. Employer B has not started the GC process yet. Now, intending to move to Employer C, can the Employer C file a H1B Extension based on the approved I140 (by Employer A) as it is more than 180 Days when my I140 was approved through Employer A and as far as I am aware, USCIS will not cancel/withdraw I140 after...

On H1B Extension - is extension possible by new Employer

H1B- Company Split into 2 and Immigration status, Transfer

Sep 10th 2017
Hi there,

I am in a situation where I work for Company A, My division is bought by an Investment bank.
My H1B is with Company A. I will be working for New company B which is new entity created just for my division.

Does my H1B needs to be transferred from Company A to CompanyB?
Can I use I140 from my earlier employer (Not Company A ) to get 3 years validity.
If I have to transfer my H1B to company B, When should my H1B transfer be initiated? Immediately after started working for...

H1B- Company Split into 2 and Immigration status, Transfer


Sep 8th 2017

So I was visiting the US in November 2016 of last year and I was staying with a girl that I had liked for a long time. I was to come back to India in a couple of weeks, but one thing led to another and we started staying together. Soon enough we realised that we wanted to get married. We spoke to our parents and they gave us their blessings.

Now the girl is sikh and I am hindu, so to keep things neutral, we decided to get married in Las Vegas in a church (We ended up saving a lot of...


H4 visa and US marriage certificate

Sep 5th 2017
My spouse is applying for H4 visa next month in India. We realized that an original marriage certificates is required. We have original marriage license from the US while both of us were studying here nor from India.
Kindly help me to get around Indian marriage certificate.

1. Will US marriage license suffice the requirement at the US embassy for marriage certificate?

2. In absence of Indian marriage certificate, can he present affidavits? What exact affidavits would be required?...

H4 visa and US marriage certificate

H1B Transfer Issue - Help Needed!!

Sep 1st 2017

One of my friends needs urgent help with his current H1B status and some questions on H1B transfer, any kind of suggestions would be highly appreciated!!

1. He landed in US in June 2016 on his H1 status with company A and later applied for a transfer to company B sometime in Dec 2016.
2. He worked on a project with client 'X' through company B for a period of 6 weeks in Mar 2017 and the transfer is now pending with an RFE.
3. He recently had to visit India due to a family...

H1B Transfer Issue - Help Needed!!

H1B Approval with no change of Status - Canadian Citizen

Aug 24th 2017

I am a Canadian Citizen on TN Visa ( expiring Jan 2018) . I have got H1B Approved with no change of status. Valid from Oct 1 2017 - Sep 2020. To get my H1b stamped and H4 for my family do I have to book an appointment at the consulate or will I get this at the POE.

if this question has already been answered please link the Thread.

Z rahul

Options after Re-stamping refused with 221(g)

Aug 19th 2017

Back Story:
I went to US in May 2014 on H1-B working for Employer A. In Feb 2016, I moved to work for Employer B (small US based company, on other offices) with H1-B transfer receipt.
The new job was remote work, so I started working from home for Employer B.
I received RFE in April 2016 and I went to India the same month. While I was in India, the transfer got approved in June 2016 and I came back to US with the approval...

Options after Re-stamping refused with 221(g)