Frequently Asked Questions - H-1 Visa

  1. Maternity Leave and Pay Stubs
  2. I-140 Withdrawal vs NOIR in AC21 Context
  3. Grace Period - Using Tourist Visa After Quitting A Job
  4. OPT to H-1B
  5. Government Shutdown – Impact on Immigration Matters
  6. H-1 Transfer
  7. H-1B Amendment
  8. H-1 to H-4
  9. Request to Upgrade to Premium Processing
  10. H-1 Transfer and Stamping
  11. H-1B Quota and the "Reminder Option"
  12. B-1 in Lieu of H-1
  13. Receipt Notice for H-1B Petition
  14. Filing H-1B Quota Cases Next Year
  15. Applying for Spouse after H-1B Approval
  16. Sufficient Evidence of an Employer-Employee Relationship
  17. Filing H-1B Petition while Passport Expires in Six Months
  18. Change of Visa From H-1B to F-2
  19. H-1 After Marriage to a U.S. Immigrant
  20. Validation Instrument for Business Enterprises (VIBE) System
  21. Tracking H-1B Petition During Quota
  22. Exploring Other Options During H-1 Transition
  23. Fresh H-1B After 6 Years
  24. Evaluation Required for Non-U.S. Education Credentials
  25. Export Control Regulations
  26. Form I-129 and Denial of Petition Based on License
  27. Form I-129 and Copy of the Export Control License
  28. H-4 Dependent Visa
  29. Maintaining H-1B Status While Changing Employers
  30. H-1B Transfer from Cap-Exempt Employment to Cap Employment
  31. Timely Filing of H-1B Extension
  32. H-4 to H-1 status
  33. Performing services in more than one work location
  34. H-1 Concurrent Employment
  35. Adjustment of Status from H-4 to H-1
  36. Subject to the Quota
  37. H-1 and Out of Status
  38. Petition to extend H-1B Visa
  39. Employer Sponsoring for H-1 Visa
  40. Traveling outside USA while H-1B petition pending
  41. H-1B petition and Quota
  42. 2014 H-1B Quota
  43. Time Frame for H-1B petition
  44. H-4 TO H-1B
  45. H-1B petition returned to USCIS
  46. Change of status from L-2 to H-4
  47. Visa Stamp
  48. Options for H-1 extension
  49. H-1 transfer during pending extension
  50. J-2 to TN
  51. H-1B to B-2
  52. Working Visa
  53. H-1B transfer when 221g pending
  54. OPT - H4 - H1
  55. Business in the US, on H1B visa
  56. Concurrent H-1B
  57. H-1B after CPT
  58. PERM Audit and H-1 Expired
  59. H-1B Stamping
  60. H-1 Extension
  61. H1-B Visa Transfer
  62. H1B interview travel cost reimbursement
  63. Marriage in India or in US
  64. Employer/Employee Relationship while H1B transfer
  65. H1B renewal
  66. H-4 visa to H-1B
  67. There is a limiation of 100 H-1B2 visas
  68. Employer change in 6th year before I-140
  69. H-1 extension while PERM pending
  70. When to file for 7th year extension (Timing)?
  71. H1B-H4-H1B
  72. H1B layoff, H1B transfer-RFE raised, New H1B approved
  73. H-1b visa stamping in Toronto
  74. PERM and H-1 extension
  75. H4 to H-1
  76. When is the starting date to work on H-1B?
  77. H1B extension for pending labor
  78. H1B Visa
  79. H1 6th Yr - Labor Approved - NO I-140
  80. Filing H1B
  81. RFE H-1 without a client letter
  82. US employee working from India
  83. New H-1 employee returning -- rights and issues
  84. Effect of Bankruptcy on immigration
  85. When is an H visa stamping required?
  86. H-1 visa stamping -- is it difficult?
  87. H-1 Quota Status
  88. USCIS is continuing to accept H-1 filings
  89. Are H-1 holders being turned back at the airport?
  90. H-1 Lottery for 2009
  91. H-1 Compliance: Wage Source; Exempt Employees; Posting; Starting Payroll; SSN; When to amend
  92. When does CIS investigate fraud?
  93. H-1 Quota - what is acceptable evidence for degree
  94. Does H-4 Require a Prior USCIS Approval for Visa Stamping?
  95. I-94 Given for a Shorter Duration at the Airport than the Petition Approval Date
  96. New Regulations, Effect on Layoff after I-140 Approval
  97. Evidence or Documents Created After the Filing of a Petition
  98. Protection of Section 245(k) for Employment-Based I-485
  99. Is a Copy of I-140 Approval Required to Extend H-1 B?
  100. 60 Days Grace Period for H-1B
  101. Applying For H-1B Visa When There Was A Status Violation
  102. How to Reset H-1 Six Years
  103. Applying for H-4 Status while H-1 is Pending
  104. Effect of Revocation of PERM on an Already Approved H-1 Extension
  105. Exemption from H-1 Quota and Visa Stamping
  106. Query Regarding Impact on H-4 EAD During Job Change
  107. Current Trends in H-1B End Client Letters
  108. Regarding Impact On H-4 EAD During Job Change
  109. Rules for Counting 6 Years of H-1B
  110. Changing employers after I-140 approval; impact on H-1, green card, H-4 EAD, etc.
  111. Extending H-1/H-4EAD; working while extension pending
  112. Physicians (FMG) NIW, AC21 portability, Teaching to clinical position
  113. H-1B 60 days grace period explained
  114. H-4 EAD Status When Moved to Different Employer
  115. Travel while H-4 EAD is pending
  116. Getting unemployment payments on H-1B
  117. H-1B title "Programmers" and USCIS site visits
  118. H-1 I-94 given at the airport for a duration shorter than the H-1 approval, how to extend I-94?
  119. Fraud or misrepresentation findings in visa or petition, what should you do?
  120. Changing from H-1 to F-1 and back to H-1
  121. If H-1 transfer is denied, can I rejoin my old employer?
  122. Can a revoked I-140 help for H-4 EAD?
  123. Consequences of I-140 revocation
  124. Do jobs have to be same or similar when I port my priority date?
  125. H-4 EAD changing back to H-1
  126. Changing employers after 6 years of H-1 are over
  127. Filing two quota H-1 petitions simultaneously through different companies
  128. Does the H-1 60 days grace period apply when one quits a job?
  129. Compelling circumstances EAD
  130. How does H-1 60 day grace period work?
  131. Physician FMG applying for Cap H-1 through a cap exempt employer
  132. AC21, changing jobs, when to file Supplement J
  133. Impact of the new I-140 regulations
  134. Revoke H-4 EAD Regulation
  135. Legal Rights/Benefits of Green Card Compared to H-1B
  136. Will H-4 EAD Rule be revoked?
  137. J-1 Physician applying for following to join after waiver
  138. The new regulations, withdrawal of I-140, H-1 extensions
  139. Changing Employers With An Approved I-140 After January 17 2017
  140. When is an H-1B amendment required?
  141. Should I travel outside the USA/H-1B visa stamping
  142. Extension of H-1 beyond six years, gap in H-1, late in filing PERM, etc.
  143. Regarding H-1B Extensions
  144. Change of Status to H-4 - effect on priority date; maternity leave on H-1
  145. What is new regulations for H-1 grace period, revocation of I-140 ?
  146. Converting from another work status (such as H-1) to H-4 EAD
  147. Issues regarding changing jobs while on H-1:-- Is there a minimum time gap necessary to transfer H-1 from one job to another, change jobs, timing of resigning and joining
  148. Am I Exempt From H-1 Quota If Visa Was Not Stamped
  149. H-4 EAD Employer Change
  150. Changing Jobs After I-140 Approval
  151. I-94 Given for Duration Shorter than Entitled
  152. Name variation in diploma or degree, name change for immigration
  153. Gap in Status
  154. Does H-4 EAD have to be applied again if H-1 changes jobs?
  155. Travel while H-1 COS is pending
  156. H-1 entering USA when visa is about to expire
  157. I-140 approved - H-1B renewal
  158. H-4 and EAD
  159. Is percentage arrangement acceptable as salary (H-1 and PERM)
  160. The Proposed I-140 EAD Rule - FAQ's
  161. H-1 status and FMLA
  162. Pros and cons of H-4 EAD
  163. New company filing H-1
  164. Green card pending conversion to and from H-4 EAD – H-1; Filing green card while in F-1 status
  165. Physician filing green card
  166. H-1B Laid Off Issues
  167. Investment property while on H-1 (Buying and renting out a house)
  168. Correcting dates on I-94
  169. For PERM is formal certificate required or completion of degree is enough
  170. Maternity leave on H-1, FMLA and status
  171. Changing employers - what immigration documents should I keep
  172. Travel while H-1 extension pending – change in I-94 number
  173. H4 - EAD validation if H-1B holder moved to another company
  174. H-4 visa extension approved. Can I travel now?
  175. H-1B Employee, telecommuting/working from home
  176. H-4 Visa Delay
  177. H-4 Visa Approval
  178. H-1 employer not paying
  179. Simultaneous filing of H-1 amendment and extension
  180. H-4 EAD filing based upon I-140
  181. Can I travel while my H-4 EAD is pending?
  182. In which country must I apply for a US visa?
  183. Requirements for Extension of H-1 beyond 6 years
  184. H-4 EAD - Documents needed; name issues; processing times, etc.
  185. H-4 EAD - Converting from H-1 to H-4 EAD - good idea or not?
  186. Exempt from the H-1B Quota
  187. H-4 EAD Filing
  188. H-4 EAD COS pending; File green card while on H-4
  189. H-1 Receiving Payments for Past Work/Bonus (1099)
  190. H-4 EAD Rule FAQ's
  191. Considerations for AC21 job portability
  192. Green card through two employers and future employer
  193. How Does H-1 Visa Quota System Work?
  194. When do I become exempt from H-1 quota
  195. Can I postpone H-1 status
  196. Changing Jobs During Green Card
  197. Work for Old Employer When New H-1 Transfer Approved
  198. Error by USCIS Giving Time Beyond 6 Years on H-1
  199. Obama's Immigration Action EAD At I-140 Stage
  200. Unpaid Leave On H-1
  201. Cross-Chargeability
  202. H-4 and I-140
  203. H-1B Visa stamping in general and in third countries like Canada
  204. Sister Filed Petition
  205. Writ of Mandamus for Govt. Delays
  206. Can An Associate Degree Qualify For RN Based H-1?
  207. Is CPT an Acceptable Way of Working?
  208. I-140 for H-1B Extension
  209. I-140 Pending Approval
  210. USCIS Updated Questions &Answers on the H-1B Employer-Employee Relationship
  211. Retaining PD
  212. Cap Gap Extension Rules
  213. H-1 Through Multiple Employers
Maternity Leave and Pay Stubs

Reasonable maternity leave should be considered "in status" period, so pay stubs should not be needed.

I-140 Withdrawal vs NOIR in AC21 Context

a. No effect on your AC21 right, but you cannot extend future H-1 (if you need them).

b. Oh yes.

Grace Period - Using Tourist Visa After Quitting A Job

It has to be "activated." Note that under the circumstances reentry and hence "reactivation" is likely to be difficult.

OPT to H-1B

A1. You can consider going back to school or B-1/B-2 status. There is information on our blog on B-1/B-2 to maintain status.

Government Shutdown – Impact on Immigration Matters

A1. Yes. In my view, that obligation continues unabated.

H-1 Transfer

It is possible to apply for an H-1 transfer with USCIS, provided the H-1 holder is maintaining legal status and fulfills all the requirements.

H-1B Amendment

All H-1Bs are employment, employer and location specific.  Therefore, it is necessary that an H-1B amendment be filed with USCIS if there is any change of location.

H-1 to H-4

1. H-1 cancellation (revocation) is not automatic, but the company would have to be extremely ill-informed not to revoke the H-1. They must.
2. You can revert back to H-1 from H-4. You will not be subject to quota.
3. The same time as a new H-1. Apply premium if in a hurry.

Request to Upgrade to Premium Processing

When the RFE response is submitted to USCIS, a request to upgrade the petition to premium processing can be submitted along with the response.  In order to upgrade to premium processing, a new Form G-28 and a Form I-907 will need to be prepared and sent to the employer for signature to be submitted to USCIS with the request to upgrade to premium p

H-1 Transfer and Stamping

If you came in and actually worked for company A for a while, and you have never been out of status, you should not require a new visa stamp.

H-1B Quota and the "Reminder Option"

There are two parts to your question. Are you subject to H-1 quota? The answer is no, not until you have been physically outside USA for a year. Even after that, you may have the "remainder option." Second, can you use the same visa stamp to travel?

B-1 in Lieu of H-1

No making up please, unless federal prison is a part of our career plan. B-1 in lieu of H-1 is uncertain, but you can keep trying extensions. If the new law for comprehensive immigration reform passes, things could change drastically.

Receipt Notice for H-1B Petition

According to USCIS, "Usually, customers can expect to receive their receipt notice within 30 days of delivery confirmation. However, due to an unexpectedly high volume of I-129 petitions, it may be an additional two to four weeks before customers receive a receipt notice."

Filing H-1B Quota Cases Next Year

If the beneficiary is not subject to the quota, you can file an H-1B for them at any time.  If the beneficiary is subject to the quota, the new H-1B cannot be submitted to USCIS  before April 1, 2014, with an effective date of October 1, 2014.  We will start working on next year’s quota cases in January 2014.

Applying for Spouse after H-1B Approval

The company will file your H-1B petition and, after you receive your H-1B approval, your wife should accompany you to the consulate to apply for her H-4 stamping in order to come with you to the U.S. as your dependent.

Sufficient Evidence of an Employer-Employee Relationship

If you do not initially provide sufficient evidence of an employer-employee relationship and the availability of sufficient specialty-level work for the duration of the requested validity period, you may be given an opportunity to correct the deficiency through response to a Request for Evidence (RFE).  Your petition may still be approved if you provide evidence that a qualifying employer-employee relationship will exist for a portion of the requested validity period, as long as all other requirements are met.  However, USCIS will limit a petition’s validity to the time p

Filing H-1B Petition while Passport Expires in Six Months

You can submit evidence that you have applied for an extension of your passport along with the H-1B petition.  Such evidence may include copies of any documentation sent for the passport renewal.

Change of Visa From H-1B to F-2

You must be married to the F-1 holder in order to be eligible for F-2 status.  Fiances do not qualify for derivative status.

H-1 After Marriage to a U.S. Immigrant

Yes you can apply for H-1 even if you get married to a U.S. immigrant or U.S. citizen.

Validation Instrument for Business Enterprises (VIBE) System

USCIS has indicated that VIBE allows USCIS to electronically receive commercially available information from an Immigrant Investor Program (IIP), currently Dun and Bradstreet (D&B), about apetitioning company or organization.  This information includes:
•    Business activities, such as type of business (North American IndustryClassification Systemcode), trade payment information, and status (active or inactive)
•    Financial standing, including sales volume and credit standing
•    Number of employees, both on-site and globally

Tracking H-1B Petition During Quota

For cases filed with Premium processing, USCIS will issue a receipt notice via e-mail.  Cases filed with regular processing will have to wait until either the receipt notice is sent via USPS (U.S. Postal Service ) or the case is returned by USCIS.

Exploring Other Options During H-1 Transition
Fresh H-1B After 6 Years

1. You will be subject to quota and USCIS will not accept the filing until one year is over.

2. Being outside for one year does give a fresh start on the L-1 times as well. And, L-1 are not subject to quota.

Evaluation Required for Non-U.S. Education Credentials

The evaluation should be done by a professor in the related field of employment.

Export Control Regulations

DOC’s Bureau of Industry and Security (BIS) administers the Commerce Control List (CCL) and is responsible for issuing licenses under the EAR. Information about EAR and how to apply for a license from BIS can be found at www.bis.doc.gov. Specific information about EAR’s requirements pertaining to the release of controlled technology can be found at 

Form I-129 and Denial of Petition Based on License

No. USCIS will not deny the petition on the basis that a license is required but has not been obtained prior to the filing of the petition.

Form I-129 and Copy of the Export Control License

No. At this time, USCIS does not require a copy of the export control license as part of the nonimmigrant visa petition process.

H-4 Dependent Visa

For an H-4 dependent visa, qualifying family members include only the spouse and unmarried children under 21 years old.

Maintaining H-1B Status While Changing Employers

When an H-1B foreign worker would like to change employers and continue to maintain his or her current H-1B status, an I-129 petition must be submitted to USCIS by the new employer or its representative. The forms in this case will be treated as a new petition and will require the appropriate filing fees.

H-1B Transfer from Cap-Exempt Employment to Cap Employment

It is possible. You will have to follow the April-October time frame, except where you apply for concurrent cap employment to run together with your cap-exempt employment.

Timely Filing of H-1B Extension

A petition is considered to be timely filed as long as it reaches USCIS prior to the expiration of your current H-1B status.

H-4 to H-1 status

If your previous H-1B petition was counted against the cap, you should not be subject to the quota and should be able to file an H-1B petition at any time. However, if your prior H-1B employer was cap-exempt, you will be subject to the quota.

Performing services in more than one work location

The petitioner (your prospective employer) will need to submit a complete itinerary of services or engagements if you will be performing services in more than one work location. Furthermore, the petitioner must comply with Department of Labor regulations requiring that an LCA is filed specific to each work location for the beneficiary.

H-1 Concurrent Employment

You can extend your time, assuming that you would be otherwise eligible for an extension of status.

Adjustment of Status from H-4 to H-1

As long as there is quota remaining on the H-1B, the law permits change of status from H-4 to H-1. And, if the H-1 is denied, that does not affect the existing H-4. So, no legal risk that I can see.

Subject to the Quota

You should not be subject to the quota, because you were granted an H-1B approval before.

H-1 and Out of Status

There is no grace period when you are laid off. You will be out of status from the date your current employment ends. It is advisable to apply for a change of status to, for example, B1/B2, F-1, or H-4.

Petition to extend H-1B Visa

A petition to extend your H-1B can be submitted for receipt by USCIS no sooner than six months prior to the expiration of your current H-1B, so you could begin the process at any time now.

Employer Sponsoring for H-1 Visa

You must submit evidence of the beneficiary’s educational degree at the time of filing. If all of the requirements for the degree have been met, but the degree has not yet been awarded, the following alternate evidence may be submitted: (1) A copy of the beneficiary’s final transcript; or (2) A letter from the Registrar confirming that all of the degree requirements have been met (if the educational institution does not have a Registrar, such letter must be signed by the person in charge of the educational records where the degree will be awarded).

Traveling outside USA while H-1B petition pending

While it is possible to travel out of the US while the petition is pending, there are significant complications that may arise. You should consult with your lawyers before doing so.

H-1B petition and Quota

If the employer is exempt from the quota, they may apply at any time. If they are subject to the quota, they can file the H-1B petition to reach USCIS no earlier than April 1, 2013, with a requested start date of employment no earlier than October 1, 2013.

2014 H-1B Quota

All requirements towards the Bachelor’s Degree must have been met at the time of submitting the H-1B petition to USCIS.

Time Frame for H-1B petition

For an H-1B petition filed not using premium processing, it can take from two to six months before a decision is received from USCIS.

H-4 TO H-1B

It can be a COS. If a successful COS is obtained, there is no deadline on getting a 

H-1B petition returned to USCIS

You will need to wait (or start another H-1). The employer will receive from USCIS an intent to revoke. They will then have 30 days to respond. Based upon the response, USCIS will affirm or revoke. This process can easily take 3-6 months.

Change of status from L-2 to H-4

H-4 holders can not use the EAD they received while on L-2. If you can, change to H-1.

Visa Stamp
Options for H-1 extension

In order for you to reset the 6-year clock on H-1, you have to be physically outside USA for one year. You can, however, get H-1 extensions continually for any employer if your I-140 is not revoked by the old employer or by USCIS.

H-1 transfer during pending extension

If, by the time your second H-1 is approved, the first H-1 is not, USCIS can approve the second H-1 only without an I-94.

J-2 to TN

You can switch back to TN. To correct slightly, you do not automatically get switched to an H-4 (not H-2).

H-1B to B-2

You can and should apply for B2 for both.

Working Visa

It is possible if he has the relevant degrees and has a job in his field in USA. The most commonly used visa for professional workers is an H-1B visa.

H-1B transfer when 221g pending

I do not see any major issue with this as long as 221g was related to your employer, not you.

OPT - H4 - H1

1. Your H-4 application must reach USCIS before expiration of your OPT (although it could be argued that you have an extra 60 days, but I stay away from having to argue).
2. No different than filing a new H-1.
3. You could have a difficult time entering if cutting too close the end, although, legally you are entitled to it as long as you have a job in your field that you have been performing on your OPT.

Business in the US, on H1B visa

1. In my view, no.
2. No. The critical thing is that the work is being performed on US soil.
3. I believe this too would be illegal under immigration laws.

Concurrent H-1B

The last time I checked into this issue, you could apply for a concurrent quota H-1 even though you are currently holding an exempt H-1. Location of the employer is not important, location of the job is.

H-1B after CPT

An H-1 can be requested for a job that requires minimally a bachelor's degree. Note that the employer MUST TRUTHFULLY require a degree. If not, you cannot process an H-1.

PERM Audit and H-1 Expired

While a PERM audit or even an appeal against a denial after the audit is pending, you would still be entitled to H-1 extensions beyond six years.

H-1B Stamping

H-1B stamping has been made difficult by consulates. There is nothing stopping you from applying in Canada, but your lawyers need to help you decide what is best.

H-1 Extension

Personally, I have seen no correlation between premium processing and increased RFE's.

H1-B Visa Transfer

The H-1 can be "transferred" - yes.

H1B interview travel cost reimbursement

Interesting issue. I do not believe there is any law covering this situation, but in my view out of pocket expense reimbursement including food is acceptable and is not a violation of H-1 status.

Marriage in India or in US

Having a US citizen spouse should neither hurt nor help your H-1 visa app. H-1B rejection does not mean you cannot apply for H-1 through another company.

Employer/Employee Relationship while H1B transfer

Working directly for the end-client eliminates the employer-employee issue usually.

H1B renewal

You have no choice. When the job changes substantially, you are REQUIRED by law to file an H-1 amendment. Any lawyer/employer who advises you differently is breaking the law.

H-4 visa to H-1B

She can. For Indian citizens, H-1 and L-1 are two obvious choices.

There is a limiation of 100 H-1B2 visas

I am not sure of a separate quota, but remember there is also no bar to also applying for an H-1B as a specialty occupation worker. That quota is still open.

Employer change in 6th year before I-140

Yes you can. But discuss the details with your H-1 lawyers.

H-1 extension while PERM pending

You can keep applying for H-1 extensions indefinitely while the PERM is pending (filed a year ago).

When to file for 7th year extension (Timing)?

They can file 6 months ahead of the contemplated start date - as long as one year of PERM filing is over by that date. But you might have some gap where you cannot live or work in USA.

H1B-H4-H1B

You will be exempt from the quota (assuming your previous employer was a private employer - NOT exempt from quota). The new employer will need to apply for an H-1 again.

H1B layoff, H1B transfer-RFE raised, New H1B approved

Merely being out of status is no ground for visa denial in your circumstances. Tell the truth. You should be ok on the status issue.

H-1b visa stamping in Toronto

Yes, we did get this information.

PERM and H-1 extension

You can apply for H-1 extension 6 months ahead. But the start date cannot be earlier than March 2010 (when the one year pendency/filing of PERM is reached). You can also get an H-1 extension when your I-140 is approved (if your priority date is not current).

H4 to H-1

I am not sure what you mean by "cost," but I can refer you to what we charge. See if this answers your question: http://www.immigration.com/services-fees/h-visa/h-visa-services-and-fees

When is the starting date to work on H-1B?

I believe the quota for this year is still available. If so, you can start work as soon as as the H-1 approval says you can (usually immediately upon approval). You need not wait till 2010. File through premium processing if you are in a hurry.

H1B extension for pending labor
H1B Visa

True. But, TARP alone is not the real issue. I think the economy has been hard on all jobs including H-1. TARP is a factor. And there has been a disproportionately high rate of H-1 denials.

H1 6th Yr - Labor Approved - NO I-140

Getting an I-140 filed is your best bet. If you end up leaving USA, see if you can get a job that can get you an L-1, which then leads to an EB1 green card (usually takes about a year only to complete).

Filing H1B

You do not "lose" an existing H-1 by filing of a new one.

RFE H-1 without a client letter
US employee working from India

1. I will be going to India and work for my company from India (before October if the H1b gets approved and continue to work from India if H1b is not approved).
Will you guys be able to answer the following questions for me? Is it okay for my company to wire the money (USD) to me monthly as individual consultation expense and will they have to pay any taxes to the Indian and/or US government for that?

New H-1 employee returning -- rights and issues

There are a couple of issues I want to clarify. The period of payment begins on the earlier of the two events: when the employee presents himself/herself for the job or 30/60 days. DOL considers it to be irrefutable evidence of having reported when a consulting company starts "marketing" the resume (Note also that to bring an employee in without a project has been elevated by this administration to be an indictable offense, which I think is unlikely to stand up in courts).

Effect of Bankruptcy on immigration

Bankruptcy should have no effect on H-1 or on future green card. I am not aware of any immigration laws that could cause a problem for you.

When is an H visa stamping required?

1. My story begins like this: I was working for company A, got stamping in May2007(in canada). Came back to US, changed to company B. Got laid off on Feb 27th, 09. In order to have a valid status I got married on Feb 15th and got my H4 legally on March 20th, 09. Two weeks back a miracle happened, got a job through company C and applied for PP H1b, received it last Thursday. Now, I am planning to go to India for a week in June, 09. Tough having a valid H1b stamping prior to the H4-H1, do I still need another H1b stamping?

PS: I do not have H4 stamping.

H-1 visa stamping -- is it difficult?

The degree of difficulty varies from case to case and should be evaluated by the lawyer who processed the H-1.

In my view, getting a visa stamping is no more difficult than it was a year ago. The big difference is the consulate may insist on a letter from the end client, the job site where your son works. Other than that, his stamping should be no more difficult than when he got it the first time. As to the procedure, I suggest you check the consulate's web site. They tend to be fairly comprehensive.

H-1 Quota Status

USCIS announced an updated number of filings for H-1B petitions for the fiscal year 2010 program.

USCIS has received approximately 42,000 H-1B petitions counting toward the Congressionally-mandated 65,000 cap. The agency continues to accept petitions subject to the general cap.

 

USCIS is continuing to accept H-1 filings

USCIS has announced that it is continuing to accept H-1B nonimmigrant visa petitions subject to the fiscal year 2010 (FY 2010) cap. USCIS will continue to monitor the number of H-1B petitions received for both the 65,000 regular cap and the 20,000 U.S. Master's degree or higher educational exemption cap.

Are H-1 holders being turned back at the airport?

If this is all what happened, then the govt. has acted illegally. There is no question in my mind about it.

H-1 Lottery for 2009

USCIS has confirmed that if they determine that they have received enough number of cases in the first five business days of April to reach the cap, then the "lottery" will be based on petitions received on all five days. Note that the first five business days include upto 7th April.

H-1 Compliance: Wage Source; Exempt Employees; Posting; Starting Payroll; SSN; When to amend

1. Is it advisable or compulsory to get the prevailing wage determination from the states or Online Wage Library is enough at the time of taking LCA? Because most of the time we are taking the LCAs for the job titles like: Software Engineer, Programmer Analyst and System Analyst for which the wage determination available in the online wage library.

Ans. OES wages can be used as long as the correct job category and job level are used. Applying for prevailing wages from the govt. is time consuming, but does have the benefit of being almost beyond question in case of an audit.

When does CIS investigate fraud?

The attached document explains the criteria.

H-1 Quota - what is acceptable evidence for degree

When filing for H-1, it often becomes an issue as to what is acceptable evidence that a foreign employee has completed their degree requirements.

USCIS has stated:
 

Does H-4 Require a Prior USCIS Approval for Visa Stamping?
I-94 Given for a Shorter Duration at the Airport than the Petition Approval Date
New Regulations, Effect on Layoff after I-140 Approval
Evidence or Documents Created After the Filing of a Petition
Protection of Section 245(k) for Employment-Based I-485
Is a Copy of I-140 Approval Required to Extend H-1 B?
60 Days Grace Period for H-1B
Applying For H-1B Visa When There Was A Status Violation

Watch Video on this FAQ: Applying for H-1B visa when there was a status violation


Video Transcript

1. Go as quickly as you can. It isn't an emergency, but it is something you should not take lightly.

How to Reset H-1 Six Years
Applying for H-4 Status while H-1 is Pending
Effect of Revocation of PERM on an Already Approved H-1 Extension
Exemption from H-1 Quota and Visa Stamping
Query Regarding Impact on H-4 EAD During Job Change

1. The essence of your understanding is correct. You are safe against revocation.
2.

Current Trends in H-1B End Client Letters
Regarding Impact On H-4 EAD During Job Change

1. The essence of your understanding is correct. You are safe against revocation.
2. No effect on H-4 EAD of H-1 change of jobs, as long as the H-1 holder maintains status.
3. Again, no effect on H-4 EAD if your new green card is filed.

Rules for Counting 6 Years of H-1B
Changing employers after I-140 approval; impact on H-1, green card, H-4 EAD, etc.
Extending H-1/H-4EAD; working while extension pending

Watch the Video on this FAQ: Extending H-1/H-4EAD; working while extension pending

Video Transcript

1. Yes, you should. 

2. No. Once the current H-4 expires and EAD expires and you are waiting for the new EAD to arrive she has to stop working. More...

 

 

Physicians (FMG) NIW, AC21 portability, Teaching to clinical position
H-1B 60 days grace period explained
H-4 EAD Status When Moved to Different Employer

1. The employer can revoke, but, USCIS says, after 180 days they will not revoke the H-4 EAD.

2. You will not need to change the H-4 EAD upon moving to any number of companies, as long as you maintain your H-1 status.

Travel while H-4 EAD is pending
Getting unemployment payments on H-1B
H-1B title "Programmers" and USCIS site visits
H-1 I-94 given at the airport for a duration shorter than the H-1 approval, how to extend I-94?
Fraud or misrepresentation findings in visa or petition, what should you do?
Changing from H-1 to F-1 and back to H-1
If H-1 transfer is denied, can I rejoin my old employer?

Watch the Video on this FAQ: If H-1 transfer is denied, can I rejoin my old employer?

Video Transcript

According, to USCIS, when you are working under AC21 you are not out of status, you are in fact working according to the law and hence you should be able to join back. More...

 

Can a revoked I-140 help for H-4 EAD?

Watch the Video on this FAQ: Can a revoked I-140 help for H-4 EAD?


Video Transcript

Consequences of I-140 revocation

Watch the Video on this FAQ: Consequences of I-140 revocation

Video Transcript

1. If I-140 is revoked within 180 days of its approval you only get to keep your Priority Date. You do not get to keep your right to extend your H-1.

Do jobs have to be same or similar when I port my priority date?
H-4 EAD changing back to H-1
Changing employers after 6 years of H-1 are over
Filing two quota H-1 petitions simultaneously through different companies
Does the H-1 60 days grace period apply when one quits a job?

Watch the Video on this FAQ: Does the H-1 60 days grace period apply when one quits a job?

Video Transcript

1. According to the regulations what my best guess is it was reserved for those circumstances where you had no choice but to be out of status, but if you quit voluntarily I don't think you can claim the 60 day grace period.

Compelling circumstances EAD
How does H-1 60 day grace period work?
Physician FMG applying for Cap H-1 through a cap exempt employer
AC21, changing jobs, when to file Supplement J
Impact of the new I-140 regulations
Revoke H-4 EAD Regulation

Watch the Video on this FAQ: Revoke H-4 EAD regulation


Legal Rights/Benefits of Green Card Compared to H-1B

Watch the Video on this FAQ: Legal rights/benefits of Green Card compared to H-1B

Video Transcript:

It is easier to define the rights of a GC holder in comparison to the rights of a U.S. citizen. You can pretty much do everything that the US citizen can do.

Will H-4 EAD Rule be revoked?
J-1 Physician applying for following to join after waiver
The new regulations, withdrawal of I-140, H-1 extensions
Changing Employers With An Approved I-140 After January 17 2017

You can continue to extend your H-1 even after I-140 is revoked by the employer, IF, the revocation was sent more than 180 days after I-140 approval.

Under AC21, you do not have to start a new green card if:

1. Your I-140 is approved;

2. Your I-485 has been pending for 180 days or more;

3. You will take an employment same as or similar to your green card job; and

4. You file Supplement J.

When is an H-1B amendment required?
Should I travel outside the USA/H-1B visa stamping
Extension of H-1 beyond six years, gap in H-1, late in filing PERM, etc.
Regarding H-1B Extensions

You can keep applying for H-1B extensions based upon a valid I-140 approval from an old employer. The new employer does not have to file. But if you want to get a green card, some employer will have to restart the process.

Change of Status to H-4 - effect on priority date; maternity leave on H-1

Here is an interesting question, if I am on H-1 and I convert to H-4, does that kill or affect my priority date ? Answer is no. If you were on H-1  and you had filed a Green Card, you got a priority date and I-140 was approved now you changed to H-4 that does not kill your priority date. That's not the problem.

And the second part of the question was can I take maternity leave on H-1?

What is new regulations for H-1 grace period, revocation of I-140 ?

Government will sympathetically consider unexpected layoffs and should give you consideration up to 60 days each H-1 period. So one 60 day period let say you have taken and then changed your employer another 60 day period kind of like that and there is little more to it but each time there is new validity to H-1 . You will be able to get 60 more days.

Converting from another work status (such as H-1) to H-4 EAD

We have received several requests about how to ensure there are no gaps in a spouse’s ability to work when converting from another work status (such as H-1) to H-4 EAD.

Issues regarding changing jobs while on H-1:-- Is there a minimum time gap necessary to transfer H-1 from one job to another, change jobs, timing of resigning and joining
Am I Exempt From H-1 Quota If Visa Was Not Stamped
H-4 EAD Employer Change

USCIS has said if an I-140 is revoked, they reserve the right to revoke the H-4 EAD. So far, they have not been revoking.

Changing Jobs After I-140 Approval

Watch Video: Changing jobs after I-140 approval

Video Transcript:  Under the current laws, if you change jobs after I-140 approval you keep your priority date, but you lose your right to H-1 extensions beyond what is given if your old employer revokes/withdraws the I-140.

Now answering your questions

I-94 Given for Duration Shorter than Entitled
Name variation in diploma or degree, name change for immigration
Gap in Status
Does H-4 EAD have to be applied again if H-1 changes jobs?
Travel while H-1 COS is pending
H-1 entering USA when visa is about to expire
I-140 approved - H-1B renewal

Yes, as long as the I-140 is not revoked.

H-4 and EAD

As long as appropriate H-1 amendments are filed and you maintain status, the change in your job description has no effect on the H-4 EAD. 

Is percentage arrangement acceptable as salary (H-1 and PERM)

First of all generally speaking, for H-1 and for green card your salary cannot include terms that are variable. So for instance if you get a yearly bonus, but the bonus changes from year to year you cannot include that as a part of your salary. Salary cannot include per diem. A lot of companies and a lot of employees get stuck with a lot of problems because per diem is set up as part of the salary. Per diem is not salary. Benefits are not salary. So all three of these items are big problems when you talk about H-1 and green card salaries.

The Proposed I-140 EAD Rule - FAQ's

Question 1: Redo the PERM or just the I-140. If redoing the PERM again then what's new in this regulation? 

Answer: After 180 days, you can extend H-1 even if 140 is withdrawn.

Question 2: It seems that there is no easy provision for EAD/AP for approved 140 applicants. So is there any point in waiting for this rule or Should I consider Visa stamping is only option for traveling outside US? Please suggest as I waited for a year or long thought they are going to give AP.

H-1 status and FMLA

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/1QbgUmUUJvc?t=1746

FAQ Transcript:

Pros and cons of H-4 EAD

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://youtu.be/H_VV9kV_lOg?t=1345

New company filing H-1

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

Green card pending conversion to and from H-4 EAD – H-1; Filing green card while in F-1 status

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://youtu.be/H_VV9kV_lOg?t=65 

Physician filing green card

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://youtu.be/H_VV9kV_lOg?t=1852

H-1B Laid Off Issues

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

https://youtu.be/F0YZD8zWm88?t=1068 

FAQ Transcript:

If you get laid off on H-1B there is no grace period. You get laid off today tomorrow you are out of status.

Investment property while on H-1 (Buying and renting out a house)

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

https://youtu.be/F0YZD8zWm88?t=694

FAQ Transcript:

Correcting dates on I-94

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://youtu.be/ZvUVIGTM-Kk?t=705

For PERM is formal certificate required or completion of degree is enough

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/ZvUVIGTM-Kk?t=602

Maternity leave on H-1, FMLA and status

 See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://youtu.be/ZvUVIGTM-Kk?t=2334

Changing employers - what immigration documents should I keep

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

Travel while H-1 extension pending – change in I-94 number

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

H4 - EAD validation if H-1B holder moved to another company

USCIS has said that revocation of I-140 does not automatically invalidate an approved H-4 EAD, but they reserve the right to revoke such an EAD.

H-4 visa extension approved. Can I travel now?

When you travel abroad, in order to return to the USA, you must first obtain a visa stamp from a US consulate in (any) country that you are visiting. Check the consulate web site to make an appointment and what documents you should bring for H-4 visa stamping. H-1B visa stamp is usually not a precondition to H-4 visa. 

H-1B Employee, telecommuting/working from home

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

H-4 Visa Delay

Open a Service Request by calling USCIS customer service. By the way, you do NOT need an H-4 approval from USCIS to obtain a visa. In this respect, H-4 is different from H-1.

H-4 Visa Approval

H-4 visas do NOT require a USCIS approval for a spouse who is going to the consulate for visa stamping.

H-1 employer not paying

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

Simultaneous filing of H-1 amendment and extension

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/PreNUXXW9KU

H-4 EAD filing based upon I-140

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/8N82R3qAiJo?t=569

FAQ Transcript:

Can I travel while my H-4 EAD is pending?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/8N82R3qAiJo?t=123

FAQ Transcript:

In which country must I apply for a US visa?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

https://youtu.be/3Heaadpk1Ik?t=396

FAQ Transcript:

Requirements for Extension of H-1 beyond 6 years

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

 https://youtu.be/3Heaadpk1Ik?t=273

FAQ Transcript:

H-4 EAD - Documents needed; name issues; processing times, etc.

 

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

FAQ Transcript: 

H-4 EAD - Converting from H-1 to H-4 EAD - good idea or not?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/y6RtaKhuoIY

FAQ Transcript:

Exempt from the H-1B Quota

In your situation when you are outside the USA, you become  exempt from the H-1 quota  when you get your visa stamped. So I think USCIS interpretation of law is faulty and  incorrect, because in my view as soon as H-1 is approved you should be exempt from the quota but USCIS has taken the position that unless you get the visa stamped from the consulate we will not consider you exempt if you are outside the USA. So it appears to me that  you should be exempt from the quota.

H-4 EAD Filing

Every time the H-1 holder changes  job, the H-4 holder does not need to re -apply for H-4. Your H-4 is good.  You don't have to have different H-4 for the employer. Of course,  every time the H-1 holders change their job they have apply for new H-1 but as long as you never violated status and H-1  holder has  never violated status that H-4 continued to be good from job to job to job, you are good.

Your  second question was what document need to file H-4 EAD?

H-4 EAD COS pending; File green card while on H-4

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/3Heaadpk1Ik?t=809

FAQ Transcript:

H-1 Receiving Payments for Past Work/Bonus (1099)

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

H-4 EAD Rule FAQ's

1. Is there any time frame within which H-4 should have job offer after getting H-4 EAD?

Considerations for AC21 job portability

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/GtOqgqgEG6I?t=242

FAQ Transcript

Green card through two employers and future employer

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://www.youtube.com/watch?v=baprYGs8IzQ&t=893 

 

FAQ Transcript

How Does H-1 Visa Quota System Work?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

When do I become exempt from H-1 quota

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://www.youtube.com/watch?v=xv_vI7O0d4U#t=518

Can I postpone H-1 status

See clip from Attorney Rajiv S.

Changing Jobs During Green Card

 

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://www.youtube.com/watch?x-yt-cl=84359240&v=uaBshBiaCUg&x-yt-ts=1421782837&feature=player_detailpage#t=719


FAQ Transcript

Work for Old Employer When New H-1 Transfer Approved

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

https://www.youtube.com/watch?v=3YV-qIlAEpI#t=2372


Error by USCIS Giving Time Beyond 6 Years on H-1

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://www.youtube.com/watch?v=3YV-qIlAEpI#t=1831

 

FAQ Transcript

What happens is sometimes, USCIS by mistake gives you more time than you are entitled soon for your H-1. Let's say your 6 years is getting over in one year and they give you 2 or 3 years by mistake.

Obama's Immigration Action EAD At I-140 Stage

I have heard that there is a proposal to allow filing of I-485 

Unpaid Leave On H-1

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://www.youtube.com/watch?v=ujMQ79pgzX8#t=1516

 

FAQ Transcript

If you are on H-1, sometimes people ask me, I want to maintain status even though I am getting laid off. Can I be on unpaid leave and does maintain status? 

Cross-Chargeability
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 
https://www.youtube.com/watch?v=ujMQ79pgzX8

FAQ Transcript
H-4 and I-140

Until the pending H-4 EAD regulations are promulgated, the only obvious option for her is to obtain her H-1 through employment.

H-1B Visa stamping in general and in third countries like Canada
Sister Filed Petition

That category takes 13-14 years. During the time you are waiting for your priority date to be current, you cannot stay in the USA just because your green card is pending. You can, however, stay or come to the USA under a visa independent of the green card such as L-1, H-1. You can also apply for a green card in several categories simultaneously.

Writ of Mandamus for Govt. Delays

See the marked clip below from Rajiv's video recording for the answer to this question.

https://www.youtube.com/watch?feature=player_detailpage&list=UUm4s1qwOSz...

Can An Associate Degree Qualify For RN Based H-1?

The simple answer is, no, unless you also have 6 years of professional experience. Also note, not all RN's can qualify for an H-1.

Is CPT an Acceptable Way of Working?

This is tricky. Usually CPT in the first semester is looked upon with suspicion by USCIS, unless: 1. yours is a graduate program; 2. the practical training is integral to the academic program; and 3. the employer has signed a co-operative agreement with the school.

I-140 for H-1B Extension

Unless and until the I-140 is revoked, your first approved I-140 can continue to be used for H-1 extensions for any number of employers.

Unless and until the I-140 is revoked, your first approved I-140 can continue to be used for H-1 extensions for any number of employers. - See more at: http://www.immigration.com/comment/13726#comment-13726
I-140 Pending Approval

The priority date is yours the mo

USCIS Updated Questions &Answers on the H-1B Employer-Employee Relationship

No. This memorandum does not change any of the requirements for an H-1B petition.

Retaining PD

Employees retain PD even if the o

Cap Gap Extension Rules

When your application for H-1 is filed within 60 days of OPT 

H-1 Through Multiple Employers

If you are a quota applicant, you can apply through as many unrelated companies as you like. Do not be a party to any misrepresentation.