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: 15 hours 45 min ago

Applying H1B under Master's CAP

Mar 30th 2015
Hello,

When applying for the master's CAP, i'm missing only the Degree certificate in the package. Instead i added a letter from University Dean's office on my graduation date and possible issuance of Degree certificate (Not from Registrar Office).

My lawyer wouldn't want to take risk by applying in Master's CAP reason being it might get rejected upon document verification prior getting into Lottery. He suggest you apply under general category.


My Question here is will Master's CAP...

Applying H1B under Master's CAP

I94 Error - POE officer put L2 instead of H4 on electronic I94

Mar 29th 2015
Hi,
MY wife recently came through Newark airport from india.She came on a valid H4 visa.The stamp in her passport indicates that she is admitted as H4 until visa expiry date which is also petition expiry date.2 days after we checked the I94 and it shows the visa classification as L2 with same expiry date as stamped on the passport?

Anyone before in this situation and what is the solution for this?


Regards,
D

New H1B Petition/Transfer with new company

Mar 29th 2015
I currently have an approved I140 from company A, I am planning on doing a future job GC with company B. Company B said that I should transfer H1 before filing I140, while I can continue working in Company A until the new I140 is approved.

My questions:

1. Any reason why company B is requesting for H1 transfer even though I will join them only after the I140 is approved.

2. Can company B do anything such that I will be forced to join them after the H1 transfer, like running a pay roll...

New H1B Petition/Transfer with new company

Do I need to go for H4 stamping?

Mar 24th 2015
Hello,

I completed my H-4 stamping on last August 2014 and entered USA in same month. My H-4 visa is valid till Oct 2016. However I received my H-1 797 after I came back and was automatically moved to H1 status on 1st Oct 2014. I am currently in india and was planning to move back to H-4 status.

- Do i need to go for H-4 visa stamping as I already have a valid H4 visa in my passport ? I visited the consulate and they said I don't need any stamping but you can consult your lawyers again....

Do I need to go for H4 stamping?

H1B Visa Transfer

Mar 22nd 2015
Hello,

I am currently on OPT and my company is going to apply for my H1B on April 1, 2015. Now, if I get a new job in June/July, can I join this new company? What will happen to my H1B visa? Can I get my visa transferred to this new company?

H1 transfer Got RFE

Mar 19th 2015
Hi, I had 4 months on my visa nd 2 years of extension was ahead.I recently changed my company and my h1 transfer petition got RFE for client letter. Client and vendor issued the letter but they mentioned the project dates, which is a 6 months project only.
My question is-
what are the chances of getting my visa approved?
Will they approve visa for 6 mnths only?

H1B and 1099 MISC tax form concern

Mar 18th 2015
Hello All,

I worked for abc company for last 3 years. They extended my h1b at the end of 3rd year. But during 4th year this year I changed my company and changed my h1b too. At the same year, abc company was sold to another company. abc company decided to give bonus to its current and formal employees. I got a bonus check from abc company. Since, I was not on their payroll they issued me a 1099 misc form for tax purposes for this tax year. My understanding is h1b employee can file only w2 form...

H1B and 1099 MISC tax form concern

H1-B with AOS through I-130 (family category F2-B)

Mar 18th 2015
Hello
I am currently on OPT and the status expires on 06/26/2015. On April 1, 2015 my employer will file for H1B.
Also, I have an approved I-130 through the family based category (F2B) and my priority date will become current in April 2015.
When should I apply for Adjustment of Status through I-130 (family based category)?
If I apply for H1B and I'm selected in the lottery (should know by end of April), do I need to wait until I officially move to the H1B status (should happen some time...

H1-B with AOS through I-130 (family category F2-B)

Clarification Required - H1B Petition approved only till Oct '15 - Currently Stamping is on hold

Mar 14th 2015
Hi All

My H1B Work permit Petition had got approved on Oct 2014 and I appeared for the Interview on 24th Dec 2014. The VO Officer in Chennai had issued Blue Color 221 G - Slip and asked me to submit the document as email.

I did it on 14th Jan 2015. and on 9th Feb 2015 I got one more 221 G, this time in White Color asking for a detailed project description.

I had sent in the Reply for the Second 221 G, but still the status in the website shows as "Additional Admin Processing" and has the...

Clarification Required - H1B Petition approved only till Oct '15 - Currently Stamping is on hold

Travel to India for H1B visa Stamping through Europe

Mar 10th 2015
Hi, I am travelling to India from US for H1B visa stamping in May. I have heard that if I don’t have H1B visa stamp, then I cannot travel through Germany, UK, France and other European countries and some people advised me to travel through Middle East (Dubai, Abu Dhabi, Qatar etc). I want to know what’s the exact rule. I do have the F1 visa stamp in my passport (valid till June 2016) and also the OPT EAD card (validity till July 2015) but I am not a student anymore and my status has been...

Travel to India for H1B visa Stamping through Europe

Deadline for entering the country after new H1B

Mar 10th 2015
Hi,

I got laid off from my job under H1B. Within one week USCIS revoked my visa. I got new offers and the new company applied for new H1B visa and I also went to US consular in another country to get the new form I-. I got approved by USCIS but I am still waiting for visa and I-94. I know there is a six months period that you should get your new H1B. Since my new H1B is approved by USCIS, is there a deadline or limit for when I can get my visa. My company has been kind and they have been...

Deadline for entering the country after new H1B

Transfer previously revoked H1 - Currently on F1 OPT

Mar 9th 2015
Hi,

I had my 1st H1 stamped in Nov 2010 (valid until September 2012) through Employer A and I arrived to US on H1 in July 2012 through the same Employer A. The same Employer A filed for an extension in September 2012 and I got an approval in December 2012 (valid until September 2015). I returned to India in January 2013 and resigned from the company and came back to US for my Masters in May 2013 on a fresh F1 Visa. USCIS then revoked my H1 petition in May 2013 (I am not sure if this was on the...

Transfer previously revoked H1 - Currently on F1 OPT

Transfer previously revoked H1 - Currently on F1 OPT

Mar 9th 2015
Hi,

I had my 1st H1 stamped in Nov 2010 (valid until September 2012) through Employer A and I arrived to US on H1 in July 2012 through the same Employer A. The same Employer A filed for an extension in September 2012 and I got an approval in December 2012 (valid until September 2015). I returned to India in January 2013 and resigned from the company and came back to US for my Masters in May 2013 on a fresh F1 Visa. USCIS then revoked my H1 petition in May 2013 (I am not sure if this was on the...

Transfer previously revoked H1 - Currently on F1 OPT

Audit risk of EB2 vs EB3 (British citizen applying for Greencard)

Mar 3rd 2015
Hello all,

Basically, apparently I'm eligible for both EB2 or EB3, but I'm scared there is a significant chance that I would be audited if I went through EB2. About me - I have a British undergraduate Masters (MEng) - basically you graduate straight away with a Master's degree after 4 years of study rather than doing the normal UK route of getting a UK Bachelors (3 years) then reapplying to do a UK Masters (1 year). I'm concerned how this may appear in the eyes of DOL/UCSIS. When I applied...

Audit risk of EB2 vs EB3 (British citizen applying for Greencard)

Changed employer with EAD and then applied H1b

Mar 3rd 2015
Hello All,

I changed by employer using my EAD. After a month when I came to know that my previous employer is going to revoke my I140, my new employer lawyer suggested that I get a H1b. My H1b got approved till 2017.

One question I need your help:

1) Will it be considered that I am working with my new employer on H1b or EAD ?

H1 Transfer

Mar 3rd 2015
Hello there,
I am in the process of a H1B transfer to a new employer. I have all the documents needed for a H1B transfer. I was wanting to check how recent should the pay stubs be? My employer runs my payroll with 60 days late pay period. The check date on the pay stubs is 31st of Dec but the pay period is Oct 1st to Oct 30th. Does the current "Check date" matters or "Pay Period". Is this ok for a H1B transfer? I have all the other documents required as per law which is required for a H1B...

H1 Transfer

Transfer of H1-B to L2 and then again back to H1-B

Feb 27th 2015
I was working for a company ‘A’ till September 2013 on L2 – EAD. I had filled H1 B in the same year and it got approved on second week of October 2013. But due to some personal reason I had to travel internationally. When I have to return back I returned on L2 visa at Point of entry.
> My employer said they are revoking the approved H1B mentioning that to USCIS that I did not appeared for the project.

Now almost one year after that now I ‘am looking for a job in US.
> My questions are:
1....

Transfer of H1-B to L2 and then again back to H1-B

H1B Tranfer RFE - maintenence of status

Feb 25th 2015
I got an RFE while transferring my H1B from company A to company B. The RFE was triggered by my paystub which said "professional contract work" on the paystub.

Here is summary of statements from RFE

"According to the provided pay statement provided in the initial filing here it indicates that the beneficiary was being paid once a month for professional contract work. However, the record does not show that the beneficiary was maintaining a valid H1B status at the time of...

H1B Tranfer RFE - maintenence of status

Working for a Canadian company in the USA for 3 weeks? ESTA OR H1-B?

Feb 25th 2015
Hello,

I'm a Canadian permanent resident with a hungarian passport and I'll be working for a canadian company for 3 weeks in USA.

I'm not clear if I need a H1-b VISA or can I just do an ESTA and take this trip as a business trip, since it is not paid by a US based company??

Thank you,

All help is very appriciated!

H1b Visa department change

Feb 25th 2015
I am looking to apply for the job in different department(same company), my job title will remain the same and also the job description and pay. Do they have to file new H1b or any other documentation?

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