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: 14 hours 48 min ago

New H1 extension Petition after current extension got denied based on I140 approval

Jan 19th 2018
1. I140 approved from previous Employer X for few years, already crossed 6 yrs limit
2. Current Employer Y already initiated my GC process, yet to file PERM though
3. Present H1 Petition with current employer Y is expiring on 2/10/18
4. Current I94 expiring on 2/20/18
5. H1 extension in premium got RFE recently

Question: I am thinking on options if current extension request goes to denial
1. Can existing employer re-file another extension for same client same position with previously...

New H1 extension Petition after current extension got denied based on I140 approval

TN to h1b

Jan 4th 2018
I am currently on TN. My employer wants to apply for h1b this year. I only have 1.5 years of experience with another company. But I am working since 3.5 years with current company. Can I use the current company experience while applying for h1b with current company. I read that for Green card current company experience is voided. I am not sure if the same is true for h1b also.

Please advise.

SMALL FIRM H1B PROCESSING

Jan 4th 2018
I work for a small NON IT company with 30 employees. If that company fills my H1B, is it possible to do. If yes then what are my chances of getting accepted/rejected for H1B? for more info: Out of 30, there are only 2 people who will be on H1B (including myself).

After my H1B has been filled before 1st April, how long do I have to wait to receive all confirmations and when can I change my employer after getting H1B. I will be highly grateful if you can tell me for both premium processing...

SMALL FIRM H1B PROCESSING

Transfer to another employer while working on receipt

Dec 26th 2017
Hello,

I had valid H1 VISA with my previous employer that expired on Sep 29 2017. In May 2017 I got an offer from another company and filed transfer in June 2017. I stated working with new employer and filed transfer and transfer is still in process. My valid VISA with previous employer expired on Sep 29 2017 and with my current employer am working under transfer receipt. My question is, given that I don't have a valid approved VISA and am working under receipt, and I got offer from...

Transfer to another employer while working on receipt

H1B Cap Exempt after 221g (Case sent to USCIS for further review)

Dec 20th 2017
Hi,

My wife entered USA on H4 visa and changed to H1b (through lottery) and started working from Oct'2013 to Sep'2016.

She went for H1B Stamping at Chennai and received 221g (Employer-Employee additional documentation) and a particular client-vendor contract document couldn't be submitted since the client is federal. Eventually the case has been sent to USCIS for further review and we didn't hear back anything from USCIS yet.

Meanwhile, she went for H4 stamping and traveled to USA and...

H1B Cap Exempt after 221g (Case sent to USCIS for further review)

Revalidating I-94

Dec 11th 2017
FIXING I-94 ERRORS

I am not sure how I should approach this issue. Here is my situation:

My H1-B visa expires 12/DD/2005. (I have visa stamped in my passport until that date)
My Indian passport expires 04/DD/2004.

I returned from a short vacation to India in mid-July. The Immigration officer at SFO airport told me that although I have a valid visa until 12/2005, but since my passport expires in 04/2004, he can only validate (Admit Until) my I-94 until 04/DD/2004. He said that...

Revalidating I-94

Experience with Federal WHD

Dec 11th 2017
Hello All

I have started this conversation and request all on H1B visa who have experience filing a wage claim/ complaint against your employer with Federal WHD (Wage and Hour Division) to share your experience, proceedings, best practices and timeframes in which your claim was processed or is pending by WHD.

Have you faced retaliation by the employer and in which ways, shapes and forms post-filing the claim/ complaint?

Regards
Member

H4 - I-94 expired overstay. What to do?

Dec 8th 2017
My H1-B was approved in 2013 and I got a visa for 1 year till 12/22/2014 and I traveled alone to USA. I got my family’s stamping done on on 09/15/2014 which was till 12/22/2014 but then they could not travel. Then I got my H1-B extended till 12/22/2017. I had my family go for stamping again on 10/22/2014.

My wife got a visa till 10/16/2019 and my son got his visa till 12/22/2017. My family made a trip to USA on 12/24/2014 and reached Phoenix. My wife was given a I-94 till 12/23/2016 and my...

H4 - I-94 expired overstay. What to do?

H1b,H4 visa stamping experience in Mumbai

Dec 7th 2017
Hi All,

I did my Dropbox on 17 nov17.

Got an email to collect passport on 20nov17, but online visa status showed as "admin processing".

When collected passport it was without stamp and had 221g form asking me to attend visa interview alone along with wifes passport and 3 documents - LCA, client letter and paystubs.

Attended visa interview on 24nov17.
VO asked me some basic questions and they took LCA, client letter and paystubs.
VO looked at LCA and client letter properly. She didn't...

H1b,H4 visa stamping experience in Mumbai

Email sent for H1-B Extn Approval and online status says 'Case Re-opened'

Nov 29th 2017
I have a situation with my H1-B extension and I would like to know if anyone has similar situation or know what this means. Thanks in advance for any inputs.

My petition was filed in June 2017 in regular processing and received an RFE on Oct 10, 2017 for Employer-Employee relationship, which was addressed in Premium Processing on Nov 14, 2017. And on Nov 28, 2017 we received Email notification which mentions the H1-B is approved and validity period for next 1 year, and the form I-797...

Email sent for H1-B Extn Approval and online status says 'Case Re-opened'

H1-B Visa which degree should I give

Nov 28th 2017
Hi Everyone,

I have planned to apply for an H1-B visa and I am not sure which degree I should provide.

To give some background, I have three bachelors in computer science, politics and economics, two masters in management and communications and one PhD.

However, I live abroad (in the UK) and my universities were in Switzerland. Even though I have the copy of my degree for my masters and my PhD I don't have the ones for my bachelor.

Is it ok to only give the copy of my degree for my...

H1-B Visa which degree should I give

H1 extension more than 6 months before expiry

Nov 27th 2017
I know that an H1 petition cannot be filed more than 6 months before the requested start date.

My question is particularly about extension petition (filed by the current H1 petitioning employer). For example if the current petition ends on Oct 30, can the employer file an extension on say Jan 1, requesting a start date of Jul 1?

Typically if it were to be a 'transfer' (different employer filing the petition), it would be allowed since the current petition expiry would be irrelevant.

H1B Status Document Was Mailed status again

Nov 21st 2017
Hi All,

Can any one help me with the H1B status that "Document Was Mailed"? The USCIS issued 2nd RFE today and now the status was changed to the above.

This is the second time within a month the status is changed to "Document Was Mailed" from the "request for additional evidence was mailed"
For first time, they re-sent the RFE document. Now waiting what they send this time. Can anyone give me any light or have gone through the same experience.

Following is my history.
H1B picked up in...

H1B Status Document Was Mailed status again

Possibility of H4 with unauthorized unemployment on F1?

Nov 14th 2017
Hello,
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.

Both on TN Visa, Spouse applying for H1-B to get a Greencard, should I...?

Oct 29th 2017
My spouse and I we both are computer engineers from Mexico working under TN Visa, for different employers.

In order to obtain a Greencard, we both asked for our employers to change to H1-B. Only my spouse was accepted to be sponsored.

Our goal is for both to get a greencard.

Can I apply for a greencard after my spouse gets one? I will still be on a TN Visa, so I don't know if that's possible.
Can I still be working under TN if I applied for an H-4 visa and filed for permission to work...

Both on TN Visa, Spouse applying for H1-B to get a Greencard, should I...?

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

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