H Visa - Live Discussions from our Forums

Subscribe to H Visa - Live Discussions from our Forums feed
US Immigration, Immigration to USA, Best US immigration forum, Rajiv S. Khanna, US Immigration lawyer, attorney
Updated: 18 hours 22 min ago

Question regarding H1 Stamping.

Apr 13th 2018
Hello Friends,

This is my situation.

I transferred to new employer in the month of January and H1B was approved for 1 year, so the i-94 is valid till January 2019. I'm planning for vacation in the month of September 2018. With only 4 months of H1B validity, is it advisable to go for stamping ?

I have checked with my manager, he said a big NO.
I hav't checked with the attorney.

Please advice.


Thanks.

H1B after 6 Yrs with approved I-140

Apr 12th 2018
Person is in the 7th year of H1-B in the USA with an approved I-140 and visa on the passport is expired (Currently H1-B Extension petition is under process with USCIS). If he leaves to India what are the options for him to come back to the USA on H1-B before or after 365 days of the departure.

Can he apply for H1-B transfer/extension under cap exempt using the approved I-140 before 365 days?

Can he apply for H1-B transfer/extension under cap exempt using the approved I-140 after 365...

H1B after 6 Yrs with approved I-140

H4 visa denied due to fraud or misrepresentation (it affected husband H1 visa too)

Apr 9th 2018
My Wife went for H4 visa interview in Delhi consulate.
We did Arya Samaj marriage in Ghaziabad.
She got nervous in interview and gave wrong answer for few questions.
They denied her H4 visa and mentioned reason as fraud or misrepresentation because they believed that marriage didn't happen.
They forced her to write on paper that marriage didn't happen.
After 3 days i got email that my H1 visa is also cancelled.
Can you please suggest me why H1 visa was cancelled and what should be the best...

H4 visa denied due to fraud or misrepresentation (it affected husband H1 visa too)

What should be the procedure to get H4 visa stamped for the 2nd wife when the H4 visa of 1st wife ha

Mar 31st 2018
M1 had H1B and got married to W1 in Feb 2016. W1 got H4 stamped in Feb 2017 valid till Apr 2019. M1 and W1 divorced in Dec 2017. Indian Family court has issued the divorce decree in Hindi. M1 will be getting married to W2 in June 2018. M1 has always filed tax in the US as single. M1, W1 and W2 are all Indian Citizens. M1 is a US resident and W1, W2 are Indian Residents. W1 and W2 have never traveled to US. Marriage, Divorce and Visa stamping happened/will be conducted in India. What should...

What should be the procedure to get H4 visa stamped for the 2nd wife when the H4 visa of 1st wife ha

Attempting to TN after H1 6 years expires !

Mar 26th 2018
Hi

Can one request to TN after expiring 6 years on H1B?

Petty DP offense while H1B extension in progress

Mar 14th 2018
I am currently on H1b visa and i was recently charged for petty DP offense (Harassment) by my spouse. In court judge announced that if incident doesn't repeat in 6 months, the case will be dismissed and i was not plead guilty. As i have currently h1b extension in progress , will this incident make any impact ? I was not convicted but case is still open for next 6 months.

IS H1B AMENDMENT REQUIRED FOR LOCATION CHANGE WITHIN SAME MSA, SAME EMPLOYER & SAME END CLIENT?

Mar 8th 2018
Hello - Please help me with this query. My Client Location is going to be changed but its within same MSA(within 3 miles). My Employer, End client remains same. My Employer said that they are going to file LCA amendment but No H1b Amendment.
Also my current jobtitle is "Computer Programmer" which seems discontinued & no longer eligible for H1B visas. Employer said that they are going to change my jobtitle as well while they ammend my LCA for Location change.They said within same MSA, you...

IS H1B AMENDMENT REQUIRED FOR LOCATION CHANGE WITHIN SAME MSA, SAME EMPLOYER & SAME END CLIENT?

IS H1B AMENDMENT REQUIRED FOR LOCATION CHANGE WITHIN SAME MSA, SAME EMPLOYER & SAME END CLIENT?

Mar 8th 2018
Hello - Please help me with this query. My Client Location is going to be changed but its within same MSA(within 3 miles). My Employer, End client remains same. My Employer said that they are going to file LCA amendment but No H1b Amendment.
Also my current jobtitle is "Computer Programmer" which seems discontinued & no longer eligible for H1B visas. Employer said that they are going to change my jobtitle as well while they ammend my LCA for Location change.They said within same MSA, you...

IS H1B AMENDMENT REQUIRED FOR LOCATION CHANGE WITHIN SAME MSA, SAME EMPLOYER & SAME END CLIENT?

H4 travel while H1B extension pending

Mar 6th 2018
Please let me know your valuable inputs on this.

My family is in my home country now. Our H1 and H4 are stamped upto June-2018.
We already submitted H1B extension petition. By mistake we submitted I-539 also for H4 extension.

My questions are:
1. Can my wife and kids travel to US in their existing H4 (valid upto June-2018) in April-2018 and go back to home country in May-2018? Will they face any issue in PoE due to visa expiry in Jun-2018?
2. How can I withdraw the I-539, since I am not...

H4 travel while H1B extension pending

H4 travel while H1B extension pending

Mar 6th 2018
Please let me know your valuable inputs on this.

My family is in my home country now. Our H1 and H4 are stamped upto June-2018.
We already submitted H1B extension petition. By mistake we submitted I-539 also for H4 extension.

My questions are:
1. Can my wife and kids travel to US in their existing H4 (valid upto June-2018) in April-2018 and go back to home country in May-2018? Will they face any issue in PoE due to visa expiry in Jun-2018?
2. How can I withdraw the I-539, since I am not...

H4 travel while H1B extension pending

RFE on Visa transfer. I-94 expiring soon. H1b extension needs to be filed.

Mar 3rd 2018
Employer: ABC (IT consultancy)
Client: XYZ (IT operations Healthcare )
Job: Software Quality Analyst
Experience: 10 years (7 in USA, 3 in India )

Employer ABC got my I-140 approved and also visa extended beyond 6 years. Visa end date is by end of April, 2018. They are requesting to renew Visa extension.
Meanwhile, my client XYZ is trying to convert me as Full time employee and they filed premium : Visa Transfer + extension ( using ABC's I-40). I got RFE with this due to my Bachelor degree...

RFE on Visa transfer. I-94 expiring soon. H1b extension needs to be filed.

RFE on Visa transfer. I-94 expiring soon. H1b extension needs to be filed.

Mar 2nd 2018
Employer: ABC (IT consultancy)
Client: XYZ (IT operations Healthcare )
Job: Software Quality Analyst
Experience: 10 years (7 in USA, 3 in India )

Employer ABC got my I-140 approved and also visa extended beyond 6 years. Visa end date is by end of April, 2018. They are requesting to renew Visa extension.
Meanwhile, my client XYZ is trying to convert me as Full time employee and they filed premium : Visa Transfer + extension ( using ABC's I-40). I got RFE with this due to my Bachelor degree...

RFE on Visa transfer. I-94 expiring soon. H1b extension needs to be filed.

H1/H4 and H4 EAD extension together - Urgent

Mar 1st 2018
I do have a question regarding I-765 filing.

In the EAD Application (I-765) there was a question (#18):



"(c)(26) Eligibility Category. If you entered the eligibility category (c)(26) in Question 16 above, please provide the receipt number of your H-1B principal spouse's most recent Form I-797 Notice of Approval for Form I-129."



1. Since I do not have the new receipt number for my H1 extension application, Should I give the old H1 B approval receipt number?

If I give the old...

H1/H4 and H4 EAD extension together - Urgent

H1/H4 and H4 EAD extension together - Urgent

Mar 1st 2018
I do have a question regarding I-765 filing.

In the EAD Application (I-765) there was a question (#18):



"(c)(26) Eligibility Category. If you entered the eligibility category (c)(26) in Question 16 above, please provide the receipt number of your H-1B principal spouse's most recent Form I-797 Notice of Approval for Form I-129."



1. Since I do not have the new receipt number for my H1 extension application, Should I give the old H1 B approval receipt number?

If I give the old...

H1/H4 and H4 EAD extension together - Urgent

H1B transfer and amendment together

Feb 13th 2018
Hi,
My current employer(A) is in the process of filing an H1B amendment as I am moving to a new location. Also I got another offer from employer B who will file for an H1B transfer. Can I have both H1B amendment and transfer at the same time?

I really want to join employer B and does H1B amendment from employer A will affect my H1B transfer in any way?

H4 Status under jeopardy! Please help

Feb 12th 2018
Hi,

My sister is doing her Masters and is on her H4 visa which is going to expire end of April. But, due to some issues in their marriage, her husband hasn't applied for the extension. She is planning on applying for Change of status to F1 which takes about 3 - 6 months for processing. My question is if she applies for a change of status and her H4 expires while the COS is in processing will she be out of status after her H4 expires? Any help will be highly appreciated.

Thanks!!

H4 Status under jeopardy! Please help

Feb 12th 2018
Hi,

My sister is doing her Masters and is on her H4 visa which is going to expire end of April. But, due to some issues in their marriage, her husband hasn't applied for the extension. She is planning on applying for Change of status to F1 which takes about 3 - 6 months for processing. My question is if she applies for a change of status and her H4 expires while the COS is in processing will she be out of status after her H4 expires? Any help will be highly appreciated.

Thanks!!

H1B transfer and amendment together

Feb 11th 2018
Hi,
My current employer(A) is in the process of filing an H1B amendment as I am moving to a new location. Also I got another offer from employer B who will file for an H1B transfer. Can I have both H1B amendment and transfer at the same time?

I really want to join employer B and does H1B amendment from employer A will affect my H1B transfer in any way?

Work at Non-Profit organization

Feb 10th 2018
Hello , I work for a non profit organization, my employer is not ready to sponsor H1B, however, the employer said to get a visa from one of our preferred vendors.
My question is can the vendor file my visa in non-exempt category since my work is at Non profit entity?

Work at Non-Profit organization

Feb 9th 2018
Hello , I work for a non profit organization, my employer is not ready to sponsor H1B, however, the employer said to get a visa from one of our preferred vendors.
My question is can the vendor file my visa in non-exempt category since my work is at Non profit entity?

Pages