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  Home  ==>  FAQ  ==>  H-1B Visa

Note: The FAQ's are presented in chronological order, the most recent ones towards the bottom of the page.

1)I assume if the person is out of job for more than a month and the salary slip is not available we have problems in applying for their H-1 as extension of status and the best way from the company point of view is to apply for a fresh one ..is this correct.
2)During the intermittant period what the candidate should do? can we assure the candidate anything of the sort that they can stay in this country or they should leave the country.
from Canada/Mexico?
3) Assuming we file an extension of status, and suppose the we are not able to provide the latest pay stubs , is it going to be a denial of approval or the approval will somehow come, but only the person has to leave the country for stamping and then only take up the job with us.My understanding is that in such situations the approval will come without an I-94 and that the candidate has to go outside the country and stamp and come in. Kindly throw some light on this.
4) Is it advisable that we take such candidates on portability provision, when a candidate's back ground is like the one above i.e. out of job for more than a month or so and we are unable to have the latest paystubs.
5) Can you give me a links that explains how safely hire H-1workers upon obtaining receipt of the petition.
6) Can you give me some explanation regarding the new law
7) We are often asked this question that what are the immigration law consequences of an H-1 or an L-1 holder being temporarily located abroad? For instance, what if an employer wishes an H-1 or L-1 holding employee to work in UK for a while.
8) , I am a medical graduate from india appearing for the USMLE this year. In case that i am offered an h-1 b visa for a residency in u.s., what should be the time i must apply to make sure that the annual quota for h-1b visa does not run out and I am left stranded inspite of getting a job in u.s.IS this restricted for any nationality or considering the large number of applications from india from software engineers does this quota finshes off early.If so then when exactly i should apply to maximis my chances.Also considering the layoff in software industry, does thi make things easier for doctors like me applying for an h-1 b visa, please guide me about your professional fees for an h-1 b visa petition.
9) , I am currently in the U.S. in H-1B status and working for Company A. Can I start my Green Card Process with a different company at the same time and still continue working for Company A? If yes, do I need to have an H-1B approved for Company B separately?
10) , I received my H-1B approval notice for my H-1B renewal. Is it possible to obtain my updated stamp from the Department of State in St. Louis by mail? How do I do this?
11) , If someone is being laid off, will his family be getting return ticket to India or only H1B holder will get the ticket.
12) , My employer is not handing me I-797, i have got H1B Transfererd to this company, 5 months back, how can i proceed to get it.
13) , I am presently an H-1B holder and I have worked in USA for the period of 10 months. After that due to market condition I went to India. My visa is expiring on Aug-2002. Now I want to come back to USA and my employer says that he has canceled my H-1B. So I want to know:
  1. Can an employer cancel H-1B without employees knowledge?
  2. Employer took leave letter from me before I left for India. So can employer cheat me even after specifying that I am going on leave ..?
  3. If employer has really canceled H-1B then can I travel to USA on the same visa?
  4. If employer has canceled my H-1B and if my new employer transfers that visa, will a transfer take place?
  5. Is there any site where I can check my H-1B status - whether it is valid or cancelled?
14) , I recently received an authorization (I assume from USCIS (INS)/DOL) to transfer from employer A to employer B, on my H1-B visa. My original visa stamp is about to expire (april 14), which coincides with my need to travel to my home country for a few days. I understand that being an extension of the visa I would be able to file for a new stamp via mail, but I think I don't have enough time for the process to finish before I have to travel. Do I need to go to the US consulate in my home country and get new stamps on my passport and my dependants'? Is that feasible only in my home country or would any other (bahamas for example) serve the same purpose? Do I have to send the I-94s to the USCIS (INS) prior to my departure, or just giving them to the airport authority (as usual) would suffice?
15) If a H1-B holder's 6 year period is completed, should the Employer Pay for the one-way air tickets back to his/her country. Should they have to pay for the employee's spouse also? Is there a law, which mandates that?
16) If the employer terminates an H1-B employment, should the company pay for the employee and the spouse their one-way return tickets back to his/her country? Is there a law mandating that?
17) Currently I am in F-1 status,and am in my Optional Practical training. I am working in Atlanta.My employer has applied for H-1B visa. If I get my H1-B visa approved,to convert it to multiple entry, is it necesary to go out of USA? Or is there a way without leaving the country, to obtain a multiple entry H1-B?
18) I have already got one H1B stamped an year back, but could not travel to US because of some reasons, now my current company wants me to send to US on B1, Now in this case :
1) Do I need to get my H1B cancelled ?
2)Can I travel on same H1B after coming back from US (on business visa)?
3)And if I get my H1b cancelled, is there any possiblity that I might face any problem in getting H1B again?
19) I am currently on an H1B visa. My I797 expires in 2004. The visa stamped in my passport has expired on 3 Sep 2001. I am actually in the process of getting my immigration. I came to know that if the visa stamped in the passport is expired for over an year, then candidate becomes out of status. Is this true? Is it ok if I end up filing the form I485 after 3 Sep 2002? Will that cause any problems?
20) I like to know if I can purchase a House while I am on H-1B status. My labor certification is in process. I wonder if it might cause any implication in the future during the green card process or the citizenship?
21) My passport is going to expire later this year 2002, therefore I plan to renew my passport in short future. My concern is the current passport has H1B on it, which is not expire until 01/31/2004. What will happen to my H1B if I apply for new passport? Will H1B become invalid in old passport?
22) How will I know that my H1B is valid or cancled?
24) A consulting company offered me a job and applied for H1b in june 2001. I got H1B approved and stamped in Sep 2001. It is valid for 3 years. Are there any problems if I come now and join the company in US. The offer is still valid from the company. Could you tell me what documents I should have at the port of entry. I am planning to travel in May. It is about 8 months since I got my H1 stamped.
25) I got my H1-B visa stamped in the month of October 2001 from US consulate in Delhi and which is valid till January 2004. I have not yet travelled on that visa, so I am wondering whether the same is still valid, as someone told me that if you don't travel on a visa for 6 months after stamping, it gets expired.
26) a. I am currently on H1-B and my I-140 is approved and I am ready to file for I-485. But my wife is in India and I want to wait for her to come back to include her in the adjustment. But my company wants to file for my adjustment right now and file for her adjustment as soon as she comes back. Can this be done?

b. Will her adjustment change from employment based to family based?

c. And what will be the consequences if my adjustment is filed first and hers later?

27) I was on B2 visa till July 14th 2002 and fortunately found some company to sponsor me for new H1B. After I get a H1B visa approval from USCIS (INS) am I allowed to work immediately or will I have to get new H1B stamped from my home country and than only I am allowed to work.
28) I was on F1 and worked for IBM on practical training and now I got my visa status converted to H1B. Is F1 to H1B conversion liable for stamping in US. If yes what is the procedure?
29) My company filed for my H1 extension in Jan 2002 and it got approved in Feb 2002. I asked them last week to send me the approved H1 paper. They misplaced it some where. Do they need to file again for H1 extension or will USCIS (INS) send again if they request. How much time will USCIS (INS) take to send it again.    
30) I filed my H1B Visa on April 10 2002. I am presently working on Practical training which expires in September. My H1B is not yet approved. My question is, If my H1B visa is not approved before September can I still work? Or do I need to wait for my approval?.    
31) When does the H1B clock start? When the visa was stamped on the passport or when the person enters the country for the first time on that visa.    
32) I came to US on an F1 visa. I got my degree and currently on OPT.My company has applied for H1B for me and it was approved. I was planning to go to Mexico/Canada to get my visa stamped.My F1 visa expires JAN 2004.
1. Is there any chance of denying visa stamping in either of these places?
2. If denied, should I go back to my home country and come back or is there any other way to come in?
3. Is Mexico better than Canada?
   
33) I got my HIB on September 01. I graduated from the US(bachelors) and worked on PT until I got my H1B approval. I am planning on going to India this december and i am confused regarding stamping. Is it okay if i get my stamping done in India (madras consulate using the drop-box) or am I better off going to canada/mexico? Also, how much time does it take to get appointment in Canda/Mexico?
   
34) Is it possible to travel outside US when H1B extension petition is pending.My H1B Visa is expiring on November 15th. My current employer has already filed for an extension at VSC, got the receipt number on 3rd September. My employer had told me earlier that it's not possible for me to go out of country until I get my approval notice, otherwise they will have to refile for my extension, BUT I heard from one of my friend that it is possbile for me to leave the country and come back as long as the duration of the trip is for 2 weeks and 8-10 days before my H1B expires, all I need to do is come back and submit a copy of my new I-94, my employer does not need to re-file for the extension. Is this true?
   
35) Can an H-1B nonimmigrant work for more than one employer simultaneously?
   
36) My H1B visa got approved. (H4 to H1). My H4 visa stamping on the passport is expiring soon.Do I need to go for stamping immediately ?Or if I happen to travel abroad or home country can I do the stamping ?
   
37) Currently I am using my OPT to work in USA. Recently I joined a project team in our department. This project will take one year to be done but my OPT will expire in Feb. 2003. My employer told me that they can sponsor me the H-1B application, but since the project is only one year long, they will hire me for one year temporarily . My question is: is there any minimum requirement for the employment length? Is one year's employment enough to get the H-1B visa?
   
38) I got laid-off yesterday and the company( say A) is going to apply for my H1B cancellation to USCIS (INS) after one month( Say 15th Nov,2002). Now, if I get a job ( Through H1 Transfer ) with other employer ( Say B ) after filing for my H1 cancellation by my first employer ( A) [ i.e after 15th of November ], is it still valid and legal to apply for my H1 transfer with Company B?
   
39) Will there be any kind of impact from USCIS (INS) standpoint of view for having an application for H1 B CANCELLATION through employer A and H1 TRANSFER through the other employer ( B ) simultaneously for a H1B holder?
   
40) Can it be assumed that an H-1B application will be approved on receipt of the Receipt Notice from USCIS (INS)?
   
41) I hold a valid H1B visa sponsored by my office in USA but I am in Switzerland office of my company for last 3 and a half months. I have to go back to my USA office early next week. Can I can go back to the US using my current visa or do I need any fresh stamping on my passport from here.
   
42) I was employed by a US based company for the past 6 years on H1-B Visa. The 6 years visa period ends in Dec, 2002. But my current employer wishes me to continue my employment even if I want to work from overseas. Is it legal to work for a US based company from overseas (India) even after the 6 years Visa (H1-B) period and still get paid here. If that is legal do I need any type of Visa to do that ?
   
43) 1.I have a question regarding I-94.My previous H1-B was expired Aug 27, 2002. My white I-94 card bears that date of expiration (Aug 27, 2002). But I got H1-B renewed for another three years starting form Aug 28,2002. Do I have to do anything on my part to get a new white I-94 card unless I travel outside USA?
2.If I leave USA do I have to surrender both the white I-94 card (showing date Aug 27, 2002) and the bottom part of extended I-797 I-94 part? Before I only submitted the white I-94 card while leaving USA not the I-797 bottom I-94.
   
44) Recently, I was offered a job in the US and I applied for the H1b. It was approved last week. However, my FAMILY NAME on the H1b petition was misspelled. It is written as "Gill-Nair" but my real family name is "Nair-Gill" What should I do in this case? Will this cause problems?
   
45) Is it illegal to travel to the US on an H-1B if I am not the company’s employee anymore?
   
46) I have H-1B status and came to the US in April, 02. Now my employer is going to terminate me and I have no other option but go back to my home country.
1.In such case can I legally ask my employer to pay me the cost of an Airline ticket to go back to my home country?
2.If it is legal to ask for the cost of Air ticket and my employer is not ready to pay me then what should I do?
3.Is there anything else my employer should compensate me for?
   
47) Girl is a US permanent resident (GC holder). Boy is on H1B (4 years in US). They plan to get married.
1) Can they maintain their current GC and H1B statuses even after the marriage? Or is it mandatory to convert the H1B to a GC based on the spouse or vice-versa?
2) If after marriage they maintain separate GC and H1B status, can they still use the married status on all other matters like banks, tax filings, insurance etc?
3) Can the boy apply for a separate GC through his (different) employer? Does this need to be done before or after the marriage? Does it matter?
4) Can the boy apply for a separate GC through his employer either before or after the marriage AND ALSO apply for GC through the spouse after the marriage and wait for the earlier of the two simultaneous applications. It seems the employment based one will be faster - but does multiple concurrent applications affect either application positively and/or negatively.
   
48) I am on the H1B visa since january 2002. Me and my 9 year old daughter, who is on H4 visa went to India to get the visa stamped for re-entry in July. I returned in October but my daughter started school there and will be coming in August this year. Do I need to get her visa restamped before coming here to the US or will it still be valid?
   
49) 1) If a girl already working in USA in H1 visa marries a boy who has a green card, then is she eligible to continue to work till her H1B visa exists or has to quit USA.
2) Is her marriage has to be held in USA or is it OK if held in India.
   
50) 1)  Is there any difference between transferring H1 B visa from employer A to employer B H-1 B and transferring L-1 from employer A to H1 B for employer B. I know L-1 can be converted to H1, but I would like to know the difference?
2)  I have holding L-1 visa for employer A. If visa has been expired, but my 1-94 is valid, is still possible to transfer this L-1 to H-1 B for another employer without going outside USA?
   
51) Is there a law that if a person on H1/H4 employs Americans under his/her business then the H1 guy can stay in US even if he/she goes out of status ?
   
52) I have got my H-1 approval on 7 Feb,2003. I have yet to get my H-1 visa stamp on my passport. Is there a time limit within which to get the visa stamp Or can I stay in US indefinately but have to get a visa stamp only when I go abroad.
   
53) I have a friend who got a student visa to come to US. He completed his Masters in one yesr and got a H1 done . He has changed 3 employers till now. And had valid H1 thoughout. He hasnt been to india to get his H1 stamped. Do you see any issues if he goes to India to get his visa stamped. Will they object that why did he not get his H1 stamped earlier please advice.
   
54) In Jan 2001, while being on H1B, I purchased a house in USA and now I want to sell it off. I am presently in India and have been here since April 2001. Can i sell the house from here, or do I need to be in USA and if yes, will I have to be in USA on H1B or just a visit visa will do?
   
55) Will the 6 years term of H1 include the H4 period also? Meaning, how is the 6 years of H1 term calculated in my case?
   
56) I came to USA on L1A visa. I have been on this visa past 5 years continuously in USA. If I get a new H1B visa now, does it valid for another 6 years or one year, because I have stayed here past five years on L1A visa?
   
57) I am here in US with H1-B visa since jun'99. Due to my family constraints, I am going back to India for about a year. My current visa is valid till May'05 and my employer is not going to cancel this visa (for sure).
1. Can I come back to US at any point of time (before May'05) with the existing VISA?
2. If so, how long I would be eligible to stay in US?
3. Does the 6 year clock period includes the time I stayed outside US?
4. If I come back after a year with the "SAME" existing visa, does the 6 yr counter will count from fresh?
5. If I come back after a year with a "NEW" employers visa, does the 6 yr counter will count from fresh?
   
58) I am on a H1B visa.I lost my passport which contains a visa from Jan 2001 to Sep 2003 which I got from Department of State in St Louis(do have copies of it). Now my H1B is going to expire and I am going to get a new H1B with the same employer. My question is Can I get visa on my new passport by sending it to St Louis by mail? If so what documents should I send?
59) If offered a job based on Equity only (i.e. no salary), can a H1b application be filed based on the worth of the Equity compensation?
60) I am currently on F-1 OPT status and have just received the approval notice for H-1B Visa with the company I am currently working for. However my OPT expires only in Fall and I am interested in a summer project at another company. Can I work for the other company using my OPT employment authorization during the summer? Do I have to keep my OPT status with my current company for this to work or am I required to switch to H-1B status? Does the latter invalidate my OPT employment authorization document?
61) I am on H1 Visa and I use to work for Company A till August' 2002 and then I resigned from Company A and joined Company B (On H1 Visa) , But I should get some money from Company A (around $2000) and after asking company A from then they told that they will be running my pay roll and sending my cheque. My question is as I am not in the company A and working for Company B is it legal to take the money from Company A (because I will be getting the Pay stub from Company A and also the W2 form from Company A with which I am no longer working) .Do I have any problems in taking the pay cheque from Company A ?
62) I recently transferred my H1 to a new company and it is valid until July 2005. My earlier I-94 is valid until Sept. end 2003. I am currently living in the US. Do I need to get my new Visa stamped before Sept.from the St. Louis centre? I am not planning to go on leave the US in the near future. Can I get it stamped after Sept. 2003 or whenever I leave the country next?
63) I want to know the implications on a company that doesn't revoke the H1 of laid off employees. Is there a time limit before which they should revoke the H1. Would this be detrimental to the company on future H1 applications?
64) My fiancé is working at Boston MA. He recently went to USA in the month of April on a H1-B visa. We are getting married in the month of Nov.Kindly provide me the answers for the below questions.
1) Once I apply for the H4 visa, when will I get that visa?
2) Will I be permitted to work once I reach USA?
3) In case, there is no work permit, can I do a part time job?
65) 1. My H1 B visa of 6 years is going to expire on October 16th 2003, when should I leave the U.S? One of my friend told me that I can travel after 10 days of H1 expires (10 days of grace period is given to relocate). Is it true?
2. Does the company need to pay my return ticket after my H1 expires. 
   
66) I was looking at your FAQ's What documents are needed to get a multiple entry H-1B visa?", I have a question about the last document (#13) which says: Notarized or attorney certified copy of your entire passport including the page containing your H-1 visa. I was a student on my Optional Practical Training when I applied for an H1-B visa and it got approved.In this case, how would I be able to take document #13? Would I need to take my OPT or I-20 copy in lieu of Copy of H1?    
67) Is it illegal to get salaries also in India while you are working in U.S.on H1B.    
68) My H1B is filed by a company. If I get approved the H1B visa papers from them is my H1 guaranteed. Is there any chance of H1 getting rejected at the consulate when we go for Visa stamping.    
69) I am an H1B visa holder and I want to change my job. Can I work part time at a place if they are ready to do my H1? I will leave my present job and only work in one place- part time!    
70) I am currently employed with a company under H1-B and I am planning to apply an H1-B transfer petition with another company but as my potential employer has'nt had an H1-B worker employee before, he is not sure if he can hire me and sponsor the H1.I have a question regarding this:
a).Does applying for a three year petition mean that he is liable to employ me for at least 3 years and that if he lays me off or fires me before this time period he could be in trouble?

b).What is the liability of the employer for payment of transportation costs to an H-1 employee upon termination of employment?

c).Can he file a petition for a lesser period also?    

71) a. Can H1B and H4 be applied at the same time or do we need to wait until we get H1B stamped?
b. Since this is new H1B and the person has not visited U.S. how to show bank statements of required funds?
c. Do we need to go for an interview for H4 or not? 
   
72) I have H1B visa. My wife has H4. We divorced a month ago. Do I need to take any steps with INS to inform them that my wife is no longer a dependent of mine? Will she loose her H4 status that expires a year from now?    
73) My application for H1-B and change of status was filed with premium processing. On the 12th day, USCIS (earlier INS) asked for some more documents. We have sent those. My question is will my application still be in the premium processing type. I mean will it still be expedited. Or for USCIS (earlier INS) they made a decision to ask for more info within 15 days and now this application is treated as normal.    
74) My employer filed H1B for me with my cost. I got H1 but, I did not get the Visa ,in India. According to my friend, if theVISA gets rejected, USCIS (ealier known as the INS) will refund the H1 cost.Is it true.    
75) My wife is currently on OPT (F1 Visa) that ends on June 30, 2004. Her employer is applying for H1B for her this month. The question we have is:
1.Is it possible to specify a start date on her H1B petition ? If so we would like to specify a start date of 05/01/2004 (May 1, 2004).
2.Or does USCIS(earlier INS) automatically determine the start date based on the end date on OPT ? In other words does USCIS look at the end date on her OPT and then set the start date on her H1B to be July 1, 2004 ? I guess the question is more on who controls the start date on H1B ? How does USCIS arrive at the start date ? 
   
76) I am on H1B visa. I currently hold an IT position. My title on the H1B letter is "Applications Systems Analyst". Now I am trying to find a "Business job" (i.e. Marketing, Business Development, etc. I have an MBA degree, and I had 6 years experience in Business areas before I came to the US.)How difficult is it to file a "change of title/role" with USCIS (earlier known as INS)?    
77) I want to know if there is a way a person can check how many years/months are left for his/her 6 year H1B period ?    
78) I am working as a civil engineer on H1-B status in Houston. I want to shift to software side. If I get a software job
1. Do I need to apply for a new H1? or Can I just apply for a H1-B transfer with my previous H1-B as a civil engineer?

2. Can I work in the software job as soon as I get the reciept from USCIS without waiting for the H1-B approval?    

79) I was holding a H1B visa with a company. But recently other company has already applied for my H1B transfer.
1) My first company is cancelling my H1. They said they will intimate USCIS about it. Will this have any effect on my transfer procedure with new company?

2) My present company said they will send return tickets for me & my family. I know that as per law I am liable to get the return ticket for me from the company. But will the company cut the charges from my salary which is due from them for the tickets for my family?    

80) I came to US in 1998 October on H1-B visa, and went back in Mar 1999, for more than a year, due to personal problems. I came back in April 2000 on the same visa that I had come earlier on. Does my time start afresh after April 2000, or my 6 years will expire in 2004 October.    
81) I used to work in US on a H1B couple of years back. Right now I am in India. I took a loan when I left US and planning to repay it whenever I come back. Now the same company which I used to work is filing me a new H1B. Will that loan issue affect my H1B process?    
82) 1. My H1-b expires in 1 year. My husband will sponsor my green card as soon as he gets his citizenship in about 3 years.Can I stay in this country after my H1-B expires till I get my greencard.

2) If yes, then on what status? Can I leave the country during this period. Will it be helpful if my husband sponsors my GC now itself instead of waiting for his citizenship.

3) If my husband applies for my GC now, can I keep extending my H1-B till I get my GC.    

83) I need some information regarding H1B-visa ,I recently got a job so my visa status got changed from H4 to H1,I have not started my work yet ,I want to know whether my H4 status is still active or not ,if I don't accept the job.    
84) My husband is about to complete his 6 years of H1B status within next 6 months. I have applied for my H1B. My question is, in case if my husband's company is not going to extend his H1B can he stay over here as a dependent on my H1B. Will there be any further problems for processing my GC    
85) I have a question about filing H-1B application while at I-485 is pending. I filed I-140 in 2002 and filed I-485 with 140 receipt in 2003 when I held an F1 visa, thus I changed my status to AOS. I recently traveled and entered with AP. I have EAD to work. Now I want my employer to file H-1B. My empolyer told me that they have no problem filing the application, but I may have to travel abroad to obtain an H-1B visa stamp when they get the approval from USCIS, since one can not adjust from AOS to H1B and the only way is to travel abroad, apply the visa and be readmitted as H-1B. Is it true that one can not adjust from AOS to H-1B within the US and has to apply visa at a foreign post?    
86) 1. I am currently working on H1B valid for the next 3 years. During this period if I leave the country and return back after full one year (366 days), can I return back on the same H1B approval if my employer wants me to work for him after one year?

2. Also in this case since I am out of the country for full one year will my H1B six year period limit get reset so that I can then get another 6 years to work on an H1B?    

87) I am planning to marry a girl who is in USA and got her labor certificate for permanent resident. Currently I am on H1B visa but my labor certificate will take approximately 18 months to get approved. If I marry her and she includes me while filing I-140 and I-485, will I get the work permit and green card at the same time when she will get?    
88) My wife after working 3 years with a H1B status quit the job and changed the status to H4 and remained for 2.8yrs to take care of kids. (All 5.8 years she was living in the US)She now has a job offer and wants to know the rules before she sends the papers to the employer/law firm. How many months/years of H1B will she be eligible to get approved? How is the 6 years H1B limit calculated? H1+H4 together or just H1.    
89) I am currently on a H1-B visa in USA. I am travelling to India next month and getting married. My wife is planning to apply for the H4 visa and come back with me. I was wondering does she need to have my name endorsed in her passport or will the marriage certificate be sufficent. The embassy site of Delhi does not mention anything about the name endorsement.    
90) I have H1-B with company A. I then got a transfer to company B. I have got a receipt notice for transfer to company B, but not yet an approval:
1. Is it okay if company A cancels my H1-B?

2. If company A cancels my H1-B, what will be the effective date of cancellation, will it be immediate or the date USCIS processes it?

3. Can company A request USCIS for an earlier revocation date?    

91) Question related to form AR-11 change of address. I am on H1-B visa and recently my employer moved to a new location. In this case am I responsible to fill this form or Employer should inform USCIS regarding address change. Or the scope of this form is limited to residence address change and not office address change.    
92) 1. I am an employee from a company in India working in the US on a H-1B [via the same Indian company] They are not giving me any salary slip in the US, however are giving me a salary slip in India. I have heard that it is illegal to work in the US without a paystub on an H1B visa. Is this correct?

2. Also, they havent given any insurance for my spouse who is on H-4 even though I am a full time employee for the same company. I have heard that if an employee is on full time on H-1B then they are supposed to pay for the insurance of the employees spouse and children. Is this correct too?    

93) I was in USA and purchased a house in 2001, while being on H-1B. Now I am in India. I wanted to sell it and with that intention I appiled for B1/B2 with a supporting I-134 from my friend. My application was refused. I also have safe deposit locker/vault in a usa bank which contains my valuables. I need to get them back and sell my house and car.    
94) I have been in US for last 3 years on H1 status. Recently, I got one more H1 from another employer. I got the approval also. My previous H-1 has expired.
Q-1. What documents my employer (a consulting co.) gets from INS when H-1 is approved?

Q-2. Out of that, which documents can/should I ask for and keep with me?    

95) 1. If someone has an H-1B visa and if his wife is pregnant and her pregnancy takes place in India and the child is born India . Can the child get the H4 visa ?
2. How long will it take to approve the H4 visa for the child who is born in India?
3. Does the child get the green card as a dependent of H1-B visa? 
   
96) a) Does holding concurrent H1B visas (and respective jobs) count twice as fast towards the total H1B time cap of 6 years for the employee?

b) Is it any different if both approvals are with the same employer (different job titles)?    

97) I am currently on H1B visa and filing the I-485 already pending over 2 yrs. My H1 visa and my family's H4 visas are going to expire November, I am going to apply EAD for myself. Do we need to apply EAD for my wife and my kids ? My kids are 8 and 9 years old.    
98) My husband's H1-B extension needs to be filed. He was out of the country on vacation to India which we can adjust for the lag in the time that his labor was filed. His H1 expires on July 26th and his labor was filed last year Aug 8. He was out of the country and we have the valid stamping for a period of 21 days.Can this be recaptured in his H1-B extension.    
99) Thanks very much for providing such good website for the immigrants. My company renewed my H1B for me and it was approved. But my attorney said the original H1B approval notice (I-797 form) belongs to the company, not me. So she only cut the I-94 card from the I-797 form for me and ask my company to keep the I-797 form. Is what she said true?    
100) I am on H1B . My F1 visa expired last year in December 2002 . I am a New Zealand Permanent Resident but hold an Indian Passport. I was told I can go to either of the countries' to get my visa stamped.
1. What happens if I get married to a GC holder and go to India for the wedding?
2. Can I come back on H1 status and get my visa based on that in India?
3. Also will getting married in India complicate issues as far as my status is concerned? 
   
101) I worked in USA, New York from 1994 to 2000 with H1B visa. By year 2000 I left USA because of my 6 year limit. I am in Peru now and want to go back to USA again with H1B. Is there age limit to get H1B? Now I am 45. I am an Electronic Engineer.    
102) I am currently on an H4 visa. My husband's H-1B visa status expires in February 2005. However, he is in the process of filing for his GreenCard. Considering in the meantime, I apply for an H-1B visa, following are two queries I would appreciate your guidance on.
1)If my H-1B gets denied, would I also lose my H4 status? Are there any other negative impacts?
2)If my H-1B is approved, Will my H-1B status get cancelled when my husband receives his (and my) EAD. (Assuming that he has filed for an EAD and Advanced Parole for himself and me as his dependent.) 
   
103) I am working in US on H-1B1 visa and I am a permanent resident of Canada and citizen of India. I have recently received my H1B extension (final) and I will be going to Toronto to get my H1 revalidated. Since I am a Canadian resident, is it all right to get my H-1 revalidated from Canada and how many days before my existing H1 expires, can I get my H1B revalidated?    
104) I have the H1 B approval document and not the stamping. Is it possible for me to get a stamping outside my country of residence, is there a clear rule on this? It is simply not possible for me to go to India just to get a visa stamping.    
105) 1.When H1B transfer (Regular Processing) is in progress, can a candidate go overseas and return?    
106) I am in USA on H1 B Visa and my spouse is in India and has H4 visa. I am planning to change the job ( H1 transfer). In that case whether my wife will have to apply for a new H4 visa, or her current H4 visa will still be valid for her entry into U.S. in future?    
107) I am here on H1B Visa and my wife joined me on H4 visa. While she was in US she got her H1B processed and cleared but she is not planning to join the employer for another 3-4 months (No stamping has been done). Need to know what will be her status. And in case within this 3-4 months period if she goes back to India and comes back, will there be any problem. Can she still use her H4 to come back or she needs to get the H1 stamped.    
108) I am a physical therapist in USA on an H-1B visa. I will be getting married in January 05 to a USA citizen. What do I need to do to apply for my adjustment of status? Do I need a Visa Screen certificate for applying? Since I have the H1B, while adjusting the status based on employment, do I need a Visa Screen? Which is the state where I can get my work permit the fastest?    
109) I would like to know if there is a maximum number for an employee on H1-B status to change from one employer to another.