H Visa

Employer/Employee Relationship while H1B transfer

13 years ago By Chief Editor

Question details

I am currently working for company A as a contractor via a preferred vendor Company B, and my employer is Company C. Now my client company (Company A)has offered me a permanent position with them, thus would there be any hassles while doing an H1B transfer to my client company(Company A) from my employer(Company C) due to the employer/employee relationship memo?

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

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AOS applicants applying for H-1 visa

13 years ago By Chief Editor

Question details

My spouse and me are currently working on H1 and we do have our EAD and AP even though we are not using it.
We are planning on a trip to India in the month of December. Both of our H1 visa's on passport have expired. We plan on using AP when coming back to US to avoid the hassle of getting our passports stamped.

We plan on remaining on H1 even though we use AP to get back. We do plan on renewing our AP and EAD when they expire. What I want to know is... is there any advantage of having visa stamped in your passport as to using AP if you plan on remaining on H1? One that I know is cities like London require you to get a transit visa if your visa has expired when traveling to India.

We would highly recommend not applying for an H visa if it can be avoided. In the past few weeks, I have provided consultations to various employers on H-1 visa refusals. The refusals were ridiculous, illegal and would be overturned if there were an adequate mechanism for reversal. So, I see no point in applying for an H-1 visa. Even if you enter on AP and continue working for the original H-1 employer, you ARE considered to still be on H-1. All other matters are more or less ancillary.

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Can I apply for Social Security Number ?

13 years ago By Chief Editor

Question details

Can I apply for Social Security Number on basis of I -797. My license to work as a vet in State A in depended upon SSN. How long does it take to get a SSN. On what status will I stay until I get a SSN & a license & subsequently start my job.

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H1B extension or EAD

13 years ago By Chief Editor

Question details

I am currently on my H1B extension and my employer filed a petition,I-140 under EB3 category which was approved. I cannot file for an adjustment of status at the moment so if my H1 B visa expires before I can file for the AOS in that case does my employer have to file for an extension for H1b or is it the EAD. I am confused if they are two diffrent things or one and the same. Please advise.

EAD and H-1 are two different things. You will get your EAD only after you file the 485.

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H-1 for Canadian PR with J-1 issue

13 years ago By Chief Editor

Question details

I am presently in Canada on Canadian PR (and have an indian passport). An employer in Indiana (from a hospitality background) is interested in hiring me.
1. They have no clue abt H1B visa. How do I proceed?
2. I was on J1 from 2000 to 2001. I do not have a waiver. Will this affect my application?

If you have neither complied with the J-1 home residency requirement, nor obtained a waiver, you cannot get an H-1. Make sure you are indeed subject to the 2-year HRR. You may not be - then an H-1 is a possibility. Go here to ask DOS for an advisory opinion: http://travel.state.gov/visa/temp/info/info_1288.html

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Self Employed while on EAD

13 years ago By Chief Editor

Question details

I am employed with H1-B and EAD. My wife has EAD through my petition. She is looking into working as an Independent Consultant (Self Employed). Is she allowed to be IC under EAD?

I see no issues at all with the derivative beneficiary being self-employed on EAD.

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H-4 visa and age

13 years ago By Chief Editor

Question details

I am currently on H-4 (my visa expires 31st sept, 2010). I am 23 yrs old. I understand that the laws states that over 21 you are no longer on H4 visa. But in my case the immigration has issued me the visa for the date mentioned above. How do I go about ?

The general rule is - we should not try to take advantage of an error made by the govt.

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USCIS Releases Executive Summary Of Implementing Public Law 111-230 Teleconference

13 years ago By Editor

On August 13, 2010, President Obama signed into law Public Law 111-230. The new law contains provisions that require petitioners to pay an additional $2,000 for certain H-1B petitions and an additional $2,250 for certain L-1 petitions. To begin public outreach on this legislation, USCIS held a teleconference on August 19, 2010 to share how USCIS will implement it.

H4

13 years ago By Chief Editor

Question details

Just would like to know that how soon can a spouse and children apply for a H4?

There is no time limit. As soon as you get an H-1.

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CRS Report On Policy Considerations Related to Guest Worker Program

13 years ago By Editor

At present, the United States has two main programs for temporarily importing low-skilled workers, sometimes referred to as guest workers. Agricultural guest workers enter through the H-2A visa program, and other guest workers enter through the H-2B visa program. Employers interested in importing workers under either program must first apply to the U.S. Department of Labor for a certification that U.S.

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