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Re-entry to USA with H1-B

Mar 31st 2014
Hello,
I currently hold an Indian passport and work in Texas based on my H1-B (I already have H-1B stamping). My current employer is sending me to the UK for 6 months with "Skilled worker transfer" visa. After 6 months I am planning to visit India and then return to the USA. However my manager concerned about whether there will be a problem with my returning to the US from India as I left to USA for UK. My question is,would I be able to re-enter with my H-1B if I am coming from India instead of UK?

Thank you!

H-1B/H-4 -Apply for permanent residence?

Mar 31st 2014
Dear community,

I am a German citizen currently working and residing in Germany. I work as a freelance translator (English-German) for customers around the globe, including Germany, the UK, the US, France and many more. My business is going very well, and I wouldn't trade my job for any other job in the world.

Two weeks ago, my fiancé and (very) soon-to-be husband received a highly interesting job offer from a US-based company. He would be provided with an H-1B visa, meaning that as his wife, I would be receiving an H-4 dependent visa. This would be such an amazing opportunity and experience for both of us, so he will probably accept their offer this week.

However, from my understanding, under no circumstances would I be allowed to continue working as a freelance translator with this H-4 visa. Of course I could always look for a US employer who would be willing to sponsor an H-1B visa for me and then switch from my H-4 to an H-1B, but as I said: My business is going so, so well and I just love being self-employed and independent, so I'm not exactly wild about that option. At the same time, we do have to take into account that our current lifestyle is dependent on our two incomes.

One solution that I'm currently considering is using my "free" time in the US under the H-4 visa to take additional translation and interpreting classes at a US university for the time being. However, seeing as this probably isn't exactly cheap, I am eager to go back to working as a freelancer as soon as possible after that. Therefore, I was wondering if anyone here had any experience as to how long my husband would have to wait before he could apply for permanent residence in the US, resulting in me receiving an unlimited work permit so I can go back to working as a freelancer? One year? Two years? God forbid, six years?

Up until this morning when I started researching this topic, we were very excited about this new opportunity, but right now I'm just feeling a mix of sadness, anger and helplessness. I am highly qualified, I love working hard for my money, and I want to work in my chosen profession to be able to support my family and the government of the country I live in by paying my taxes - so why shouldn't I be allowed to do so? It makes no sense.

Thank you so much in advance for your help, I really appreciate it!

Kind regards and all the best from Germany,
Caroline

Can the start date of H1B be later than Oct 1, 2014 for a petition filed on April1, 2014 ?

Mar 31st 2014
I wanted to know if an employer is filing a H1B petition on April 1, 2014 for a F1 student who has STEM OPT valid till July 2015, if the H1B petition is selected in the lottery, is it possible to have the H1B start date (change in status from F1 to H1B) after October 1, 2014 like in Dec 1, 2014 or Feb 15, 2015 so that the student can use the remaining days of his OPT ? If its possible, when it should be done like during the filing of H1B petition, the employer has to mention a start date, can a later date be provided after Oct 1, 2014 or can the start date be changed after the H1B petition is approved ?

process to transfer stamped H1B visa from present employer to other employer in India.

Mar 30th 2014
Dear All,
I have a stamped H1B visa and its valid for 3 yrs. I was supposed to fly to US and start working on a project but the client has put it in hold so my present employer is unable place me in other project. I’m planning to change job so I have few quires can you guys suggest me the right process.
1. What is the process to transfer H1B from present employer to other employer from India.
2. If I need to transfer visa from India should I have to attend the stamping interview again?
3. Is it best to transfer the visa in India or work in US for some time and then transfer it to other employer in US?
Thanks in advance, looking for your suggestion.

When can I apply for a fresh, new H-1B?

Mar 27th 2014
Hello,

I am nearing the end of my 6 years on an H-1B visa, and my employer is willing to hire me again on a fresh, new visa. We already know that in order to do this, I must leave the country for one year and apply to a new H-1B cap. I also know that I cannot apply for any other non-immigrant visas during that one year period.

My question is WHEN can I actually APPLY for the new visa? Do I have to wait until one full year has passed to apply, or can I apply within the year but just stay abroad until the one year has passed? To put a timeline to my question: my visa expires September 8, 2014. If I leave the U.S. around that time, can I apply to the H-1B cap on April 1, 2015 and return to the U.S. in October 2015? Or would I have to apply April 1, 2016?

Additionally, here are some specifics to my situation:
- My employer is not able to file the green card. So that will not be an option.
- I have been out of the country on vacation for about 2 months while on H-1B status.
- I have a Master’s degree so I will be first placed in the 20,000 Master’s exemption.


Thanks in advance for your help.

H1 and STEM Extension OPT

Mar 24th 2014
Hi
I am currently on STEM Extension OPT and it will expire in May 2015.
If my sponsors me for for H1B and applies in April 2015, will my work authorization get extended automatically until H1B case decision is made( I believe it will be around Oct 2015)?

Thanks

I94 expired 4 months ago!! Help

Mar 23rd 2014
Hi guys,

I'm in an unusual situation at this moment. Any advice is welcome.

I entered US in November 2012. The immigration officer stamped the Entry Date but, he missed the Exit Date' on my I94 card. My Visa is valid till Nov 2014.

Two days back I visited the DMV to apply for a driver's license, and the lady there kept telling me that my I94 had expired. And she gave me a website link www.cbp.gov/i94 where I could get an I94 printed after entering my Passport details.

I did as told, only to find that my I94 has already expired in Nov 2013. What am I supposed to do now?

Dated: March 2014

H1B Visa extenstion issues - domestic violent case

Mar 17th 2014
Experts,

My spouse has filed fake domestic violence (protection from abuse) case recently..before i take further steps..just wanted to make sure whether would it impact my H1B visa extension or green card process in future.. please clarify..

thanks

H1B Job Transfer while Taking a Month Long Vacation outside US

Mar 16th 2014
If I quit my job at company A, and start a new job with company B.

1. Can I leave US right after B has filed a petition for me, or I must wait until the transfer is approved.
2. If everything goes well, can I leave US for 1+ month, and come back with a valid h1b status? Will there be any problems?

Thanks

H1 extension and labor process time

Mar 14th 2014
Hi All,

My 2nd H1 visa will expire in September 2016 (completing my 6 years).

I have a job offer in hand with joining in April 2014. The new company can start the Green Card only after 1 year of service. So I am hoping that they will start the process in April 2015.

I have few questions that can help me in making a decision.

1. How much time does the Labor approval takes.
2. Is just the labor approval enough for more H1 extensions (beyond 6 years ending in 2016).
3. What happens if the labor doesn't get approved before my H1 expires (September 2016)?
4. What happens if the Labor gets approved before Sep 2016 but i140 is not yet approved or filed?
5. Would this be a risky situation for me?

I read somewhere that if the labor is filed 365 days prior to H1 expiry, then we can still get the H1 extensions. Not sure how much this information is correct.

Thanks a lot for the help.

Regards,
- Need for GC

Job Change - Approved I-140 and other questions

Mar 12th 2014
So I had a few questions. I'm not sure if I was able to piece together all of this information looking through all of the other posts so areas that I am sure of I will clearly indicate below,

Background: I am currently in my 5th year of H1B with final expiry in October 2015. I have my I-140 approved as of November 2011 and have a PD of June 2011. I am currently contemplating a change in jobs and have some observations and questions with regards to the same,

1) My understanding is that to change jobs and apply for an H1-B three year extension, all I need is the I-140 receipt number. I have the receipt number for the receipt of the I-140 application but not the approval notice. Is this sufficient?

2) When the company I move to applies for the aforementioned three year extension to my H1-B, will it be granted for 3 years from the time of application or for 3 years from October 2015?

3) Let us assume I change jobs, leave company A (with which I have an approved I-1400 and join company B. They apply for a transfer and extension and everything goes well. Now for some reason if I choose to leave company B for company C in the next 1-2 years, would company C only be able to transfer my H1B for the period of the extension or would it also be able to use company A's approved I-140 (assuming it has not been withdrawn or revoked) to re-apply for a 3 year extension. Or would I need a new approved I-140 from company B?

4) Can company B use the I-140 receipt number to re-capture my PD or would it have to file a FOIA request to retrieve the actual I-140 application with approval?

5) Can the transfer+extension from A to B be denied/rejected/RFE'ed. Since at that point joining back with A would be fairly impossible (given I have resigned based on the receipt of H1B transfer notice), would the only option be to leave the country? Does this happen fairly often to recommend waiting for transfer to actually complete before resigning the current position?

I really appreciate any answers to my questions and I hope these help anyone else in a similar position :)

--blue

Difference between Change of status and counsular processing for H1B visa...

Mar 11th 2014
Hello,

I am currently on post OPT, working in a company and my company is filing for my H1B visa. The immigration attorney wants to file for counsular processing since I might have to go out of US for one training in Gremany. Is it possible to go to Gremany and come back to US before my H1B visa is approved? What is the difference and pros and cons of counsular processing v/s change of status processing.

Thank you

10 months of H1-B left, Joining a desi consultant on (H1B transfer)

Mar 11th 2014
Friends, I need your help.

Here is my situation:

I have 10 months of H1-B left with me. I am an FT employee of a big (100000+ employees) India IT consulting firm. Though, they have asked me that they will file my GC (most probably EB3), I have no timelines by when it will be.

I have an W2 offer (percentage basis) from one of the desi consulting firm ABC (200+ employees)… highlights of this offer.
- 30% more on-hand salary (atleast for this project)
- Perm(EB2) with-in a weeks time of joining
- All GC cost will be from ABC
- Surely good hands-on experience
- No paid vacation

I am confused, should I join desi consultant or not. Guys, I need your 2 cents… isit worth taking risk. Here is what I am thinking. "Anyway I am will be going back to my home country in next 10 months, why not give a try, If I am very very lucky, things may turn well".

Also, I have heard that stamping is a big issue when it comes to small desi consulting company, is that true?

Many Thanks for your time.

H1 transfer

Mar 9th 2014
Hi,

My first entry in to US was in 1999 Jul with the company A. As the company couldn't find me a job I had moved to B in 1999 Sep. Within the same month I got placed at C. I worked as a consultant for them till 2001. After that they hired me as a full time employee, after that they applied for my GC. My GC priority date is Jun'2003 under EB3, which is "current" now.

In 2007 I have changed the employer and started working for D. They applied for my extension and I got 3 yrs extension which was valid up to 2010 may. But to family emergency I came to India in 2008 May, But did not leave the company, I went back to US in 2008 Dec for couple of weeks and came back later. Ever since I've been living in India. I’m still not sure whether my H1b was revoked by my former employer before 2010 or not.

My I-140 with company C has not been revoked.

So now it's been almost 6 yrs that I have been out of US.

Now as the dates are current I'm planning to come back to US, Here I would like to know a couple of things.

1) I'm not sure whether if I fall under cap for 2014 fiscal year? or not? What would be the best way to go ahead and apply as New or Extension?

2) If I apply as new for 2014 fiscal year and couldn't get it, can I apply again as an exempt? What are the chances?

Thx

Am I cap Exempt? URGENT

Mar 9th 2014
Hi,

My first entry in to US was in 1999 Jul with the company A. As the company couldn't find me a job I had moved to B in 1999 Sep. Within the same month I got placed at C. I worked as a consultant for them till 2001. After that they hired me as a full time employee, after that they applied for my GC. My GC priority date is Jun'2003 under EB3, which is "current" now.

In 2007 I have changed the employer and started working for D. They applied for my extension and I got 3 yrs extension which was valid up to 2010 may. But to family emergency I came to India in 2008 May, But did not leave the company, I went back to US in 2008 Dec for couple of weeks and came back later. Ever since I've been living in India. I’m still not sure whether my H1b was revoked by my former employer before 2010 or not.

My I-140 with company C has not been revoked.

So now it's been almost 6 yrs that I have been out of US.

Now as the dates are current I'm planning to come back to US, Here I would like to know a couple of things.

1) I'm not sure whether if I fall under cap for 2014 fiscal year? or not? What would be the best way to go ahead and apply as New or Extension?

2) If I apply as new for 2014 fiscal year and couldn't get it, can I apply again as an exempt? What are the chances?

Thx

H1 B Visa Help/Suggestion

Mar 7th 2014
I have submitted H1B petition to US Consulate in the year 2011 with one year fake experience in my resume with lots doubts. I was fortunate enough that time and the petition got approved. But i didn't go for stamping worrying about background check by embassy.

Now I have everything genuine experience in my resume by removing that one year fake experience which was at bottom of the resume(first company in resume). Now my current company willing process my H1b visa.

1. Here my query is, does US Consulate will compare my previous resume and current resume and convey the resume inconsistency to my current company? if that happens i will be in trouble with my current company since i have shown everything genuine experience to my current company.

So, please advice is it good to apply for VISA with genuine experience which i have given to current company?

2. If I go for VISA processing with USCIS, will consulate inform the consistencies in my resume to my current company?

H1 Application - after 5 year gap

Mar 6th 2014
My friend was in US on H1B from 2006 to 2009 (3 years), and his extension was rejected in 2009 due to recession. Now he wants to comeback on H1B.

Does he come under quota now?

(He used 3 years out of 6 years)


Thanks in advance.

H1B Filing While H4 Extension Under Process

Mar 3rd 2014
I came to US on 3rd Dec2012 on H4.I filed H1B on 1st April2013.H4 was valid till 30th Sept 2013.I waited for H1B result and did not file H4 extension.H1B denial came on 30th Jan2014.I filed H4 extension.Receipt number came on 14th Feb.Question is:
1.Can I file H1B in April2014 while H4 extension is still under process?
2.Can I file H1B in April2014 after H4 extension result comes?(I've to convert H4 extension to premium in this case)
3.Will the gap from 30th Jan(result of H1)and 12th Feb(H4 extension filing) cause any problems?

I would like to know the number of years left on my H1-B.

Mar 3rd 2014
Hello Sir,

I came to US on F1 visa and after completing my Master's degree, I got a job and my employer processed H1-B. My first H1 started on 01/13/2011 and was valid till 01/02/2013. In September 2011, I had to go to India for personal reasons and had to appear for H1-B visa. My application was put under administrative processing citing additional documentation. My employer submitted the required documents but my case was pending for about an year.
In September 2012, the client for whom I was working as a contractor, filed a new H1-B petition. My case was again put under administrative processing and I was also asked to withdraw one of the petition since my old petition was still pending. My previous employer withdrew the first H1 and my new H1 was approved after a couple of weeks.
I stayed out of the country for more than 1 year waiting for the H1 visa.

Could you please let me know how many years of my H1 are still left. Does my 6 years of H1 start from October of 2012 or is 01/02/2013 the beginning of my 6 years of H1.

Thank you very much for your time. Please let me know if you need more details.

Confused

Mar 2nd 2014
Hello I wonder if I can get some advice.


I am currently in a relationship (same sex) and was thinking of applying for a job in the USA. I want my partner to come with me and he would like to be able to work. What are my options?
Ive looked up a number of places and all I can see is I need to be married (but marriage is not available in Australia) could I get married in the US (in a same sex marriage state)?

Is there a method that doesn't require me to get married ?
Can he come over on a tourist visa stay for 180 days while trying to find a job then go for his own when he finds a job ?


Cheers

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