H Visa - Live Discussions from our Forums

Situation:
I Was working in L1 visa for Company A in 2008 and traveled back to India on March 2008

I filed H1 petition with company B and received approval notice I-797 on May 2008 when I was in India. But I never worked on H1.

My Company A filed a fresh L1 petition on June 2008 and I worked with L1 in US from Nov 2008 for 1.5 Years

In Dec 2011 Company A again filed a new L1 petition and I came to US in Feb 2012 to work on this L1.I got a gap of 1 year during my stay in India

Can Company B file new petition using I 797 which was approved in 2008 ? If so do I need to wait for Oct to start working in H1 and can any company other than B file for petition using this previously approved I797?

When H1B is due for renewal in a couple of months and currently a RFE is also being responded to and if we are returning to home country for personal reasons, here are my queries:

1. After a couple of years, I find a new employer offering me a job. Would his petition would be cap-exempt (65000 H1B visas per year) or he would need to go through the cap?

1. Would it be a variant of H1B Transfer but this time instead of USCIS it would need to go through consular processing right?

1. What would be documentation to be submitted in those case for consular processing? Latest payslips till in US plus whatever has got accrued with the Indian cos.

hi guys
i just completed my bs in accounting 4 years and was hired by a local accounting firm with $40000 salary
they agreed to sponsor but when i looked up the prevailing wage on the FCL data center, it says $47590 for level one "accountant and auditor"
now my question is most of my work is doing tax returns, should i file as a "tax preparer" which only requires $23379 in my area, but does tax preparer qualify for a specialty occupation? OR should i just say on the application that besides the base salary 40k, the benefits and overtime pay is about 10k a year which exceeds the prevailing wage?

which one is better please let me know what you think thanks

Hi

I would appreciate your help in regards for H4 visa. I am on H1B visa. My visa is valid till 2013. I had my status changed in the USA. I got married in 2011 july. My application for H1b was approved before my marriage till 2013. My wife applied for b2 visa. We didnt applied for H4 visa since i had it Marriage online. Now she recently had a interview for B2 visa stating that she will be here to consummate marriage( which according to the Foriegn Affair Manual is a valid reason to qualify for the B2 visa category- we had an attorney and discussed with him before applying). She got rejected by Visa officer stating the she will increase her chances if she apply for H4 visa. We didnt applied as we did have the combined pics. The visa officer told her that she can provide the pics from both the side and she can apply for the H4 visa. She explained him the marriage ceremony in details and then he said that your husband should apply for H4 visa from usa. Now my question is that how can i apply for H4 visa from here. Any help in this regard will be helpful.

I work for a University with H-1b approved till 2014 (past six years). I also have a US Bachelor's degree and married to a green card holder.

In 2010, I was lucky to get my first stamping in Vancouver after four days of waiting with 221-g. I am daring to go again but looks like the next appointment at Vancouver is few months ahead. There are appointments available in Toronto and I have some family and friends there. Can someone compare these two consulates? Should I wait few months for Vancouver or just go ahead with Toronto?

I would appreciate some feedback. Thanks.

-- tux

My H1b will expire on September 22nd 2012. This is my 6th year on H1B. My company applied for labor on behalf of me last year and received RFE which they respond on March 28th. My labor decision is still pending. My current employer applied for H1B renewal from another location (current position is based in NewYork and they want me to transfer to Cincinnati) but that H1B was denied on March 22nd 2012. I would like to know if

1) current employer or future employer will apply for H1B renewal/transfer, for how much time I get on H1B
2) If I change my status to student visa (F1), how soon I can apply for H1B (do I have to leave the country for one year?)
3) If my spouse apply for student visa (F1) and I become dependent on her (My status will be F2), how soon I can apply for H1B?
4) Is there any other way that I dont have to leave the country and continue working in US?
5) As my labor decision is pending, does it affect my H1B renewal/transfer (positive or negative) way? , Can I file a motion on the denial as my H1B was denied for Cincinnati location and then appeal?

Im not 100% sure what i should tick for this

High school grad diploma
some college credit but less than a year
one or more years of college no degree

I have courses achieved which were diplomas, have 19 years work experience plus 4 years education and work experience in specialized field.
My education though are not from government recognized institution...

I also do have a masters degree just not in this specialized field...

Any thoughts?

I was working with Company A in India and they filed H-1B petition for me in 2007. I got the petition approved and stamped the visa after some months. But due to project requirement changes , I was not required to travel.

I continued to work for Company A and in 2010 they applied L-1B for me.Right now I am in USA with my L-1B visa.

Now Company B offered me a Job, So I told them I need H-1B sponsorship and can start only in Oct 1st, 2012.

My Question is since I had one H1-B approved petition (visa) , is there a way I am exempt from the cap.Even though I did not use that visa to travel.

Thanks

I am doing a medical residency in an internal medicine training program on H1B visa. It is my 1st year now. Can I apply for a green card after three years ?
Can I apply now ? No way to apply for a green card at all in my case and nature of work ?

Thanks

Hi,
I have a few questions regarding the conversion from H4 to F1 status:

1. Can my wife convert from H4 to F1 status, while my PERM is pending?
2. While being in F1 status, can I add her name when applying for I-140 & I-485 (as my priority date is current)? Will there be any issue?
3. At what stage of the Green Card; I could add her name in the process?
4. Does dependent legally means that she should be in H4 status? She can be in any non immigrant legal status?

Really appreciate for your time & prompt respond.

Best Wishes.

So summary is I sent in application for H1B back in May 2011, I received confirmation of application in July 2011 and had banked checks.
I heard nothing from them at all until I received an email on January 2012 that they have sent a letter Requesting For Evidence (RFE).
The letter requested information to be sent by April 13th..

After I received this information I discovered the cap was reached in November 2011.

Has anyone had this problem before and what happened when you responded to letter?
A call was made and we were told we had reapply all over again including the fees. How is this friggin fair when we applied months before cap and they took 6 months after (not 2 like their website said) they received application to respond and that was also 3 months after cap was reached...

Please help me with advice, it doesnt seem fair we have to pay fees and do application again cause they took 3 times as long to respond like their website mentioned...

Very unhappy applicant

I am thinking to take full time offer in one of the American US based company B.

Am i eligible for EB3 Category with my below education.


1.) Can we file GC/Labor based on 3 years Bachelors of Commerce (B.Com) degree from India in EB3 category?

2.) I also have 2 years PGDCA certificate.


Do the attorney's of the US based company B would recognize my 3 years Bachelors degree to initiate my labour in EB3 once i take this Full time offer.

Gurus please reply on this.

In case there's a sibling in the US in an overstay, can a visa application be rejected? If applicant himself doesn't have any immigration issues and have a genuine H1B approval - should he be worried because of the sibling refusing to leave the US?

Hi entered usa on h4 visa. I applied for f1 visa in dec 2010 and got approved in feb 2011. Due to unva issue, I had to apply for h4 again in august 2011. My status was still pending and my husband's h1b was going to expire in december 2011. His lawyer filed my h4 extension again with the refrence of my previous pending application. We got our visa extension in feb 2012. Now I have recieved a RFE redarding my previous application. They have mentioned few things which doen not make any sense like they are asking for 2010 tution fee info n all. But I received my f1 in feb 2011. Please share your knowledge. What we should do?

Hi All,

I am currently on my OPT with validity till Jan 2013. Suppose by July end I get H-1B approval notice with change of status on 1st October. Can I travel to India with notice of approval, valid EAD & job offer letter. And if I return back before 1st October (which is effective date of H-1B), can I get H-1B stamped at US embassy?

Thanks.

Hello All,


I will be completing 6 years of my H1-B in a month. I need to go back to India before this. Is the Company entitled to provide me the return flight Ticket to India. ( Please note I am not terminated by the Company but because my H1 Term is getting over I need to leave to India. )


Can someone please reply.


Regards,

Hello guys,
i have question regarding h1 visa. My company will sponsor me for H1 visa. I will work as an IT.
I am also a photographer/designer and i want to work with that also. so my question is: is it legit if i work on projects as a freelance photographer and someone get me paid for that ( let say find some freelance projects on craigslist )

thank you

I'm having a very complicated H4 renewal issue.

GC Status : 485 pending.

In Nov-2011 my company applied for H1B/H4 renewal for me and my family (wife, daughter & son) as my H1B was expiring in Feb-2012. When we got the extensions I found that I got H1B extended for 3 years (up to Feb-2015) but my wife and both the children got only up to Nov-2013). When my lawyer check with USCIS he found that this was because my daughter reached the age limit of 21 years in Nov-2013. She can get H4 approval only up to age of 21.

As I-539 application was common for all H4 applicants, they issued same validity for my wife and son, even though they were eligible to get extension up to Feb-2015. I don't know why they can not even give different dates for all three different applicants.

Now my question is, Is there any way we can get validity up to Feb-2015 for my wife and son? Can we reapply for H4? It is very important to do so as otherwise I have to apply and stamp for their (wife+son) H4 visa next year again. We already tried Nunc Pro Tunc petition and result is null.

If anybody experienced the same or heard about this issue, please share.

Appreciate your help in advance.

Thanks

Hi, I am currently on H1 with company A. I want to join company B and the same has applied H1 transfer (premuim). I need help to understand when should I join B or give notice to my current employer A (2 weeks notice required) given the following scenarios

1) On receipt of H1 transfer application receipt from USCIS, i give notice to my current employer. An RFE is issued to the H1 transfer application within the 2 weeks when I am still with employer A and serving notice period - can i still join company B and work legally while B is processing or has submitted response on the RFE?

2) Based on receipt of H1 transfer application receipt from USCIS, i join company B. An RFE is issued to the H1 transfer application after I have joined company B - can i continue to work legally (as far as the same is not denied) ?

3) Based on receipt of H1 transfer application receipt from USCIS, i join company B. The application is denied and company B plans to file an appeal. - can i continue to work legally for the period the denial notice was received, appeal submitted and decision made and communicated?

Please advise. Thanks in advance!

Hello 1 year ago I made the a process to obtain my Visa H1b and my wife H4 with an I-797C and I-129 forms. Since April last year was placed with immigration that form and other papers and all was fine and on October last year I stamped my Visa H1B and my wife H4, now the Visa´s say:

PED-01JAN2014
Expiration Date: 25OCT2012
Both I94´s say valid until Jan 2014

Now I can see clearly that the Visa´s are until 2014 but need to be re-stamped/reseal before 25OCT2012. Now my questions are:
1.- How complex is the process to re-stamp/reseal? I need to put another I797 and I-129 forms like on April last year and wait confirmation of approval like past year but now for April 2012? Or what I need to do?
2.-Now is supposed to make something regarding point 1 before 25OCT2012, now if is not from next April 2012 like past year exactly when is recommended to do the re-stamping/reseal? 1 or 2 or 3 months before 25OCT2012 or in same month of October?
3.-What paper work need to do to to make that process of re-stamp/reseal to go to ambassy?
4.-Can I change of Attorney? I have a very bad service no answer my questions and is very complex find to ask incredible but it´s true. In case
of change of Attorney is complex do this? I´ll need to make the I797 process from start or the new Attorney can resume the re-stamping/reseal process?. What I need to give to my new Attorney in case of change?

I´m Mexican and I placed my Visa H1B last year on México, City Ambassy in case of re-stamping/reseal I´ll go to the same Ambassy.
Thank you I hope you can help.