H Visa

H1B laid off while labor is pending

14 years ago By Chief Editor

Question details

I might get laid off. My labor is pending and I will apply for B1/B2. In the mean time if my employer recruits me back again, will I be able to continue with my PERM and rest of the green card process? Do I have to start from the beginning?

There is no easy answer. It could be argued that the employer laid you off so the permanent job, which is the basis of the green card is gone. Hence, the process is fatally interrupted. Generally speaking, I think you should be able to continue.

Read more about H1B laid off while labor is pending

H1B Revival process (Extension while still abroad)

14 years ago By Chief Editor

Question details

I have valid H1b visa till Sep , and right now I am in India ....can you please help me guide through possible ways of visa extension.

An extension can be had only if the employer can demonstrate that they have a definite job open for you. The rest is up to the lawyers and USCIS.

Read more about H1B Revival process (Extension while still abroad)

H-1 Visa re-stamping

14 years ago By Chief Editor

Question details

I have valid H1B stamp till 2010 sept from employer A. Just after coming into US, transferred to employer B. My transfer is approved and got the I797 approval notice, which is valid until Sep 2010. Now I am planning to go India. Can I re enter US using my previous employer's Visa stamp and the new I797 or do I need to get visa stamped again? Is it true that if the previous employer has cancelled the visa, it would be a problem and the visa has to be re-stamped. It would be great if this can be clarified?

An H-1 visa does NOT need to be stamped during its life even if you change employers. You can use the same visa to travel as long as you have never been out of status.

Read more about H-1 Visa re-stamping

Unpaid leave on H-1

14 years ago By Chief Editor

Question details

What is the effect of unpaid leave for sick time or maternity leave on H1B status? I had to take about 3 months of unpaid leave and back to work for about two months now. I will have to file extension of stay H1B end of the year and want to know if it effects the extension of stay approval.

As long as the leave is normal, or supported by documented necessity, you should have no problem.

Read more about Unpaid leave on H-1

Divers Licenses, while H-1 extension pending

14 years ago By Chief Editor

Question details

How can someone get a extension on drivers license if his H1B extension is pending and I-140 is approved in Georgia??? What do you suggest someone should do in such a situation?

I had a discussion on this just yesterday with an employer who has 19 employees in a similar situation in various States. The problem here is, while USCIS regulations do permit a grace period of 240 days to continue working, most States have no clue about it. While, this is a good topic for advocacy, short of suing the States, the best thing is to just premium your pending H-1.

Read more about Divers Licenses, while H-1 extension pending

Choices to work in USA

14 years ago By Chief Editor

Question details

I am graduate B.A and I am married having one daughter of 2.8 yrs old . I want to to work in u.s.a -I can do any type of work . I want to immigrate with my family ( me ,my wife and my daughter ) .Till today I was doing import business from china from 2004 and visiting every month to china from 2004 to china for buying of goods from there and then selling it in india but due to some little bit loss i will have to stop my business . I have everything viz income tax dox , balance sheets etc. Sir now i want to immigrate to u.s.a and want to do job -any type .

The most obvious choices are H-1 and L-1 visas. Look into those. US laws are fairly stringent in visas. Good luck!

Read more about Choices to work in USA

USCIS Updates H-1B Count

14 years ago By Editor

As of September 18, 2009, approximately 46,000 H-1B cap-subject petitions had been received by USCIS and counted towards the H-1B cap. Approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits.

DOL FAQs on Labor Condition Applications for H-1Bs

14 years ago By Editor

The Department has posted FAQs concerning the iCert system and LCAs, including information regarding FEINs(Federal Employer Identification Number). To read the FAQs please see attachment.

Proposed Rule on Temporary Agricultural Employment of H-2As

14 years ago By Editor

The Department has published in the Federal Register a Notice of Proposed Rulemaking on the Temporary Agricultural Employment of H-2A Aliens in the United States. The Department is accepting comments on the proposed rulemaking until October 5, 2009.

To read the full text of the NPRM and to find out about the submission of comments, please check attachment.

USCIS Updates H-1B Count for FY 2010

14 years ago By Editor

As of August 28, 2009, approximately 45,100 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

Subscribe to H Visa