Frequently Asked Questions - H Visa
H-4 Visa (71)
- Maternity Leave and Pay Stubs
- H-1 to H-4
- Status of H-4 Dependents When H-1B is Denied
- Applying for Spouse after H-1B Approval
- Exploring Other Options During H-1 Transition
- Applying H-4 Visa for Spouse During H-1 Processing
- Last Name Change for H-4 Visa
- SSN for Non-working Purposes
- H-4 Dependent Visa
- H-4 to H-1 status
- Adjustment of Status from H-4 to H-1
- Electronic Immigration System Eligibility
- H-4 TO H-1B
- F-2 to H-4 Visa
- H-4 extension for spouse and child
- H-1B to B-2
- Can I apply for H4 visa for spouse while on EAD?
- H-4 Visa and Status Validity
- OPT - H4 - H1
- COS from H-4 to F-1 visa
- H-4 Visa Stay in US
- H-4 rejected under 214(b)
- Advance Parole
- H-4 visa and age
- H4
- H4 Visa Stamping
- H4 inquiry - Dubai resident holding Indian passport
- H-4 visa to H-1B
- Travel during H4 processing
- H1B-H4-H1B
- H4 to H1-B
- H4 to H-1
- Are H-1 holders being turned back at the airport?
- Applying for H-4 Status While on Parole
- Can An Employee Withdraw An H-1B Petition?
- Can I Get H-4 Visa Stamping While the H-1 to H-4 Change of Status is Still Pending?
- Applying for Green Card while Holding H-4 Status; Applying for Green Card and Permanent Residence for Another Country Simultaneously
- Pros and Cons of Adjustment of Status and Consular Processing for Green Card
- Transfer from H-1 (with I-140 approved) to H-4 EAD
- Does H-4 Require a Prior USCIS Approval for Visa Stamping?
- Applying for H-4 Status while H-1 is Pending
- Extending H-1/H-4EAD; working while extension pending
- Will H-4 EAD Rule be revoked?
- J-1 Physician applying for following to join after waiver
- Changing Employers With An Approved I-140 After January 17 2017
- Change of Status to H-4 - effect on priority date; maternity leave on H-1
- I-94 Given for Duration Shorter than Entitled
- Gap in Status
- Does H-4 EAD have to be applied again if H-1 changes jobs?
- Travel while H-1 COS is pending
- The Proposed I-140 EAD Rule - FAQ's
- Pros and cons of H-4 EAD
- Green card pending conversion to and from H-4 EAD – H-1; Filing green card while in F-1 status
- Withdrawing one pending petition (H-4) when another is (F-1) approved
- Correcting dates on I-94
- Maternity leave on H-1, FMLA and status
- H-4 visa extension approved. Can I travel now?
- Applying for H-4 EAD while H-4 is pending
- H-1B Employee, telecommuting/working from home
- H-4 Visa Delay
- H-4 Visa Approval
- H-4 EAD - Starting business
- H-4 EAD COS pending; File green card while on H-4
- H-4 EAD Rule FAQ's
- Status of the H-4 EAD regulations
- H-4 EAD Rule
- H-4 and I-140
- Volunteer work on H-4 visa
- H-4 Visa Holder Applying for Canada PR
- H-4 visa employment
- H-4 for Canadian Citizen
H-1 Visa (261)
- Maternity Leave and Pay Stubs
- I-140 Withdrawal vs NOIR in AC21 Context
- Grace Period - Using Tourist Visa After Quitting A Job
- OPT to H-1B
- Government Shutdown – Impact on Immigration Matters
- H-1 Transfer
- H-1B Amendment
- H-1 to H-4
- Request to Upgrade to Premium Processing
- H-1 Transfer and Stamping
- H-1B Quota and the "Reminder Option"
- B-1 in Lieu of H-1
- Receipt Notice for H-1B Petition
- Filing H-1B Quota Cases Next Year
- Applying for Spouse after H-1B Approval
- Sufficient Evidence of an Employer-Employee Relationship
- Filing H-1B Petition while Passport Expires in Six Months
- Change of Visa From H-1B to F-2
- H-1 After Marriage to a U.S. Immigrant
- Validation Instrument for Business Enterprises (VIBE) System
- Tracking H-1B Petition During Quota
- Exploring Other Options During H-1 Transition
- Fresh H-1B After 6 Years
- Evaluation Required for Non-U.S. Education Credentials
- Export Control Regulations
- Form I-129 and Denial of Petition Based on License
- Form I-129 and Copy of the Export Control License
- H-4 Dependent Visa
- Maintaining H-1B Status While Changing Employers
- H-1B Transfer from Cap-Exempt Employment to Cap Employment
- Timely Filing of H-1B Extension
- H-4 to H-1 status
- Performing services in more than one work location
- H-1 Concurrent Employment
- Adjustment of Status from H-4 to H-1
- Subject to the Quota
- H-1 and Out of Status
- Petition to extend H-1B Visa
- Employer Sponsoring for H-1 Visa
- Traveling outside USA while H-1B petition pending
- H-1B petition and Quota
- 2014 H-1B Quota
- Time Frame for H-1B petition
- H-4 TO H-1B
- H-1B petition returned to USCIS
- Change of status from L-2 to H-4
- Visa Stamp
- Options for H-1 extension
- H-1 transfer during pending extension
- J-2 to TN
- H-1B to B-2
- Working Visa
- H-1B transfer when 221g pending
- OPT - H4 - H1
- Business in the US, on H1B visa
- Concurrent H-1B
- H-1B after CPT
- PERM Audit and H-1 Expired
- H-1B Stamping
- H-1 Extension
- H1-B Visa Transfer
- H1B interview travel cost reimbursement
- Marriage in India or in US
- Employer/Employee Relationship while H1B transfer
- H1B renewal
- H-4 visa to H-1B
- There is a limiation of 100 H-1B2 visas
- Employer change in 6th year before I-140
- H-1 extension while PERM pending
- When to file for 7th year extension (Timing)?
- H1B-H4-H1B
- H1B layoff, H1B transfer-RFE raised, New H1B approved
- H-1b visa stamping in Toronto
- PERM and H-1 extension
- H4 to H-1
- When is the starting date to work on H-1B?
- H1B extension for pending labor
- H1B Visa
- H1 6th Yr - Labor Approved - NO I-140
- Filing H1B
- RFE H-1 without a client letter
- US employee working from India
- New H-1 employee returning -- rights and issues
- Effect of Bankruptcy on immigration
- When is an H visa stamping required?
- H-1 visa stamping -- is it difficult?
- H-1 Quota Status
- USCIS is continuing to accept H-1 filings
- Are H-1 holders being turned back at the airport?
- H-1 Lottery for 2009
- When does CIS investigate fraud?
- H-1 Compliance: Wage Source; Exempt Employees; Posting; Starting Payroll; SSN; When to amend
- H-1 Quota - what is acceptable evidence for degree
- Can I Join My Old Employer If The H-1B Transfer Is Denied?
- H-4 EAD Based Upon Prior Employers
- The Impact of the NTA Memo
- Travel Outside The USA When A Case Is Pending
- What Are Different Wage Levels For H-1B And Green Card Jobs?
- Specific Issues In The Trump NTA Policy For Denials
- Applying for H-4 Status While on Parole
- H-1B Petition Revocation During Visa Process/Reaffirmation
- Applying For H-1B Transfer While An Extension Request Is Under RFE
- How Many Days Can I Stay In The USA After H-1B Denial?
- Changing Jobs While H-1B RFE Is Pending
- Can An Employee Withdraw An H-1B Petition?
- Can A Green Card Be Filed For Me If I am On H-4 or L-2?
- Changing Jobs After I-140 Approval
- Legal Stay to the Parent of US Citizen Child With Disability
- Effect of I-140 Revocation on Priority Date, H-1B Extensions Through Any Employer, etc.
- Child Turning 21, Immigration Consequences for Pending Green Card Cases
- H-1B and Green Card Transfer From a Non-Profit Organization to For-Profit
- Leave Without Pay for H-1B / Status
- 180 Rule for Priority Dates/H-1B Extension
- Jobs that Qualify for an H-1B Visa
- H-1B Tranfer, AC21 and I-140 Process
- H-4 EAD Termination and Converting to H-1B
- National Interest Waiver (NIW) Filing When Priority Date is Not Current
- Can I Get H-4 Visa Stamping While the H-1 to H-4 Change of Status is Still Pending?
- H-1B or Other Status Denied - What is my Status?
- Transferring H-1B While an RFE is Pending
- H-4 EAD and H-1B Extensions Rules Change
- Implications of Acohol-Related Convictions, such as DUI, on Immigration or H-1B
- Changing Jobs After I-140 Approval, Returning to the Old Job, etc.
- H-1B RFE For Specialty Occupation
- Erroneously Given Longer Duration On H-1B Than Eligible
- Filing EB-1C, International Managers or Executives Green Card
- When Does One Become H-1B Cap Exempt?
- Impact of Taking a Long Break While on H-1B
- What can be Done if an H-1B is Denied While in the USA?
- Does H-1B Extension Denial Invalidate an Existing H-1B?
- Doing Business on H-4 EAD
- Denial of H-1B on Level 1 Wage Issue
- Effect of Moving Abroad While Still on H-1B Visa
- Applying for Green Card while Holding H-4 Status; Applying for Green Card and Permanent Residence for Another Country Simultaneously
- Pros and Cons of Adjustment of Status and Consular Processing for Green Card
- Current Immigration/Visa Options for Entrepreneurs
- How Late Can a I-485 be Filed After Priority Dates Become Current
- H-1B Visa Denied and Petition Sent for Revocation
- H-1B Visa Stamping in Canada or Mexico; Importance of I-94
- Is New H-1B Visa Stamping Needed if you Change Employers?
- Transfer from H-1 (with I-140 approved) to H-4 EAD
- 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
- 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
- Current Trends in H-1B End Client Letters
- Regarding Impact On H-4 EAD During Job Change
- 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
- 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
- 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?
- Can a revoked I-140 help for H-4 EAD?
- Consequences of I-140 revocation
- 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?
- 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
- Legal Rights/Benefits of Green Card Compared to H-1B
- 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
- 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
- Change of Status to H-4 - effect on priority date; maternity leave on H-1
- What is new regulations for H-1 grace period, revocation of I-140 ?
- 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
- Changing Jobs After I-140 Approval
- 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
- H-4 and EAD
- Is percentage arrangement acceptable as salary (H-1 and PERM)
- The Proposed I-140 EAD Rule - FAQ's
- H-1 status and FMLA
- Pros and cons of H-4 EAD
- New company filing H-1
- Green card pending conversion to and from H-4 EAD – H-1; Filing green card while in F-1 status
- Physician filing green card
- H-1B Laid Off Issues
- Investment property while on H-1 (Buying and renting out a house)
- Correcting dates on I-94
- For PERM is formal certificate required or completion of degree is enough
- Maternity leave on H-1, FMLA and status
- Changing employers - what immigration documents should I keep
- Travel while H-1 extension pending – change in I-94 number
- H4 - EAD validation if H-1B holder moved to another company
- H-4 visa extension approved. Can I travel now?
- H-1B Employee, telecommuting/working from home
- H-4 Visa Delay
- H-4 Visa Approval
- H-1 employer not paying
- Simultaneous filing of H-1 amendment and extension
- H-4 EAD filing based upon I-140
- Can I travel while my H-4 EAD is pending?
- In which country must I apply for a US visa?
- Requirements for Extension of H-1 beyond 6 years
- H-4 EAD - Documents needed; name issues; processing times, etc.
- H-4 EAD - Converting from H-1 to H-4 EAD - good idea or not?
- Exempt from the H-1B Quota
- H-4 EAD Filing
- H-4 EAD COS pending; File green card while on H-4
- H-1 Receiving Payments for Past Work/Bonus (1099)
- H-4 EAD Rule FAQ's
- Considerations for AC21 job portability
- Green card through two employers and future employer
- How Does H-1 Visa Quota System Work?
- When do I become exempt from H-1 quota
- Can I postpone H-1 status
- Changing Jobs During Green Card
- Work for Old Employer When New H-1 Transfer Approved
- Error by USCIS Giving Time Beyond 6 Years on H-1
- Obama's Immigration Action EAD At I-140 Stage
- Unpaid Leave On H-1
- Cross-Chargeability
- H-4 and I-140
- H-1B Visa stamping in general and in third countries like Canada
- Sister Filed Petition
- Writ of Mandamus for Govt. Delays
- Can An Associate Degree Qualify For RN Based H-1?
- Is CPT an Acceptable Way of Working?
- I-140 for H-1B Extension
- I-140 Pending Approval
- USCIS Updated Questions &Answers on the H-1B Employer-Employee Relationship
- Retaining PD
- Cap Gap Extension Rules
- H-1 Through Multiple Employers
- Licensing of Foreign Persons Employed by a U.S. Person
- Social Security Number And Card
- Indefinite H-1 Extensions( on yearly basis) Based On PERM Appeal
- Foreign Labor Certification Questions and Answers
- Information on Printing I-94
- H-1B Petition for Extension
- Status of H-4 Dependents When H-1B is Denied
- H-1B Filed Under the Quota for the Year 2014
- Applying for H-1B Renewal
- Moving Outside USA For A Year While H-1B Has Not Expired
- Applying H-4 Visa for Spouse During H-1 Processing
- SSN for Non-working Purposes
- Prevailing Wage
- F-2 to H-4 Visa
- Family Based F4 GC
- H-1 transfer during pending extension
- Transfer of jobs under same employer
- H-1B to B-2
- H-4 Visa and Status Validity
- OPT - H4 - H1
- Business in the US, on H1B visa
- Switching Jobs after I-140 approval
- H-4 Visa Stay in US
- H-1B Stamping
- H-4 rejected under 214(b)
- H-1 Extension
- H1-B Visa Transfer
- H-1 extension beyond 6 years
- H1B interview travel cost reimbursement
- Advance Parole
- H1-B to F-1
- H1 Renewal Denial/I 94 expired
- Parents B-2 Visa
- Employer/Employee Relationship while H1B transfer
- AOS applicants applying for H-1 visa
- Can I apply for Social Security Number ?
- H1B extension or EAD
- H-1 for Canadian PR with J-1 issue
- Self Employed while on EAD
- H-4 visa and age
- H4
- H1 Visa
- E3 visa for LPN
- US RN Graduate foreign national
- H-1B and E-3
- H1B Extension beyond 6 years
- H4 inquiry - Dubai resident holding Indian passport
- Visitors visa sponsored by H-1B holder
- Query about H1B Visa transfer
- H1B Validity Period
- Where to file complain?
- H1B Restamping
- Travel during H4 processing
- L1B to H1
- G-4 to H1B
- H1B- denial
- EB-1 Visa Processing for medical doctors
- L1A visa and H-1
- Outstanding researcher
- Quickest way to get a GC
- H1B Pending
- F1 visa to business visa or H1/L1
- H-2B Visa
- H1 working in University (non profit organization)
- Transfer to a startup company H-1
- H1 approval and stamping
- H1 B question
- H1B renewal using an old I-140 from a previous employeer
- Employer change in 6th year before I-140
- Out of Status
- H1B Status
- Must we withdraw a PERM application if the employee is laid off?
- Importance of having continuity of employment/pay stubs
- Status change from F1 to H1b
- H1B layoff, H1B transfer-RFE raised, New H1B approved
- H4 to H1-B
- H1B Visa Stamping
- EAD - Job title change on the same job
- F1 visa to H1-b
- Questions on AC21, EAD, losing job, etc.
- Convert L1B Blanket VISA to H1B
- H4 to H-1
- When is the starting date to work on H-1B?
- H1B extension for pending labor
- H1B Visa
- H1 6th Yr - Labor Approved - NO I-140
- Educational Qualification
- H-1 denial - options
- Prevailing Wage - H-1 and GC
- H1B exemption with I-131
- Stamping of H1B except for IT - Chartered Accountant
- Requirements (Degree/Education for H-1)
- Applying for B-1 when laid off
- H1B Processing
- H1 6th Yr - Labor Approved - NO I-140
- Extending H-1B After Staying Outside USA for 365 Days
- RFE H-1 without a client letter
- H1B laid off while labor is pending
- H1B Revival process (Extension while still abroad)
- H-1 Visa re-stamping
- Unpaid leave on H-1
- Divers Licenses, while H-1 extension pending
- Choices to work in USA
- I-485 AOS Pending, Employer's Bankruptcy
- Important questions on H-1, AP and Travel
- May B-1/B-2, E-1, E-2, F-1, H-1, J-1, L-1 O-1 visa or TN holder apply for green card?
- H-1 visa denial and investigation
- Compensation for H-1 lay off
- F-1 visa stamp, H-4 pending
- H-1 denial, appeal, MTR
- Can H-1 be extended based upon family-based green card?
- Employee's complaint for non-payment of salary-E-3, H-1B and Non H-1B
- From H-4 to F-1
- What kind of company is good for H-1B processing
- LCA's for H-1 will probably take longer now
- H-1 Quota Count still at 45,000 as of 4 May 2009
- H-1 extension denied - status
- H-1 Extension based upon spouse's 140; Child born in USA
- H-1 Quota still open
- PROPOSED Legislation to Reform H-1B Visa Program
- H-1 without specific job/GC continuation without H-1
- H-1 Count 44,000 -- You can Still File
- US employee working from India
- H-1 holder aplying for H-4 visa
- New H-1 employee returning -- rights and issues
- Effect of Bankruptcy on immigration
- When is an H visa stamping required?
- H-1 visa stamping -- is it difficult?
- Unreasonable H-1 requests from CIS
- H-1 Quota Status
- USCIS is continuing to accept H-1 filings
- GC future job; H-1 ext. revocation upon 140 denial, etc
- Converting from EAD back to H-1--Updated 6 April 2009
- Are H-1 holders being turned back at the airport?
- Employers and Employees -- H-1 or EAD?
- H-1 and EAD
- H-1 Lottery for 2009
- GC Compliance for Employers
- When does CIS investigate fraud?
- H-1 Compliance: Wage Source; Exempt Employees; Posting; Starting Payroll; SSN; When to amend
- L-2 EAD and H-1
- Starting business while in AOS/I-485/H-1/H-4
- Employers questions on H-1 compliance
- How does the Stimulus Bill affect H-1b, L-1 and Green Cards
- H-1 Quota - what is acceptable evidence for degree
- Turning 21 - do I have to convert to F-1 from H-4?
- What happens when an employer is under criminal investigation/indictment?
- Do physicians have the right to an extension beyond 6 years for waiver jobs?
- Employers responsibility in H-1 process
- Is salary reduction possible/legal?
- If I-140 gets revoked/denied does my H-1 extension get canceled?
- Consequences of not using an H-1 visa
- Note! Employer subject to H-1 quota, but the job may not be
- Leave US for job outside USA
- Employer not paying, may I tranfer H-1?
- L-1/H-1 COS Issues
- What to do if an I-140 gets rejected?
- Do advanced degrees help in marriage-based green card?
- H-1 converting to H-4 and then (maybe) back again
- Can H-4/F-2 holders perform volunteer work?
- L-1 - H-1 COS issues
- H-1 related I-94 issue
- Start-up applying for H-1 and AC21 for employees
- H-1 Quota issues for students
- H-1 where there is no license in hand
- H-1 - how to revert to old employer
- H-1 quota - the law
- H-1 transfer - what action is needed for H-4
- H-1 Quota
- Multiple H-1 approvals
- How to get back to H-1 status?
- AOS Pending, Should H-1 be Renewed
- Filling DS 156
- Status of Off-site Placed STEM OPT Extension Students
- When Does One Become H-1B Cap Exempt?
- Change of Status to H-4 - effect on priority date; maternity leave on H-1
- What is new regulations for H-1 grace period, revocation of I-140 ?
- Converting from another work status (such as H-1) to H-4 EAD
- Changing Jobs After I-140 Approval
- Exempt from the H-1B Quota
- H-1 Receiving Payments for Past Work/Bonus (1099)
- H-4 EAD Rule FAQ's
- Enter USA while Green Card is Pending on B-1, B-2/H-1 Visa
- How Does H-1 Visa Quota System Work?
- Status of the H-4 EAD regulations
- When do I become exempt from H-1 quota
- Can I postpone H-1 status
- H-4 EAD Rule
- Work for Old Employer When New H-1 Transfer Approved
- Error by USCIS Giving Time Beyond 6 Years on H-1
- Unpaid Leave On H-1
- Cross-Chargeability
- Withdrawal of Application for Admission at the Airport Under INA 212(a) (7)(A) (i)(I) & 235(b)(1)
- Discrepancies In Date Of Birth Information
- H-1B Visa stamping in general and in third countries like Canada
- Volunteer work on H-4 visa
- Concurrent H-1B for Part Time Job
- Do Not Have Copy of I-140 Approval Notice But Have Receipt
- LCA for Singapore H-1B1
- H-4 Visa Holder Applying for Canada PR
- H-4 visa employment
- USCIS Updated Questions &Answers on the H-1B Employer-Employee Relationship
- Can H-4/F-2, etc. non-work visa holders volunteer?
Reasonable maternity leave should be considered "in status" period, so pay stubs should not be needed.
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.
If you are no longer in valid H-1B status, your dependents’ H-4 petitions will no longer be valid either.
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.
If you are outside USA, only H-1 is processed here. H-4 is done at the consulate when you go apply for H-1
For an H-4 dependent visa, qualifying family members include only the spouse and unmarried children under 21 years old.
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.
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.
Please refer to the following for classifications that are eligible to use ELIS: http://www.uscis.gov/uscis-elis
It can be a COS. If a successful COS is obtained, there is no deadline on getting a
If you are subject to H-1 quota, to get status within USA, you must maintain status till September 30. So, it appears you may have to apply for H-4 as well as H-1. Your lawyers can help you figure out the timing. Applying for H-4 now should not be an issue. But move quickly. You can file for H-4 online. Fairly easy.
She must have a separate I-94.
You can and should apply for B2 for both.
You can have them apply for H-4 only if you go to an H-1 (you can). An F-1 is difficult if you have an AOS pending.
Your current H-4 status and visa remains valid and can be used for travel. Each time, your husband changes jobs, you do not have to apply for H-4 until the time the H-4 is about to expire.
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.
You do NOT need USCIS approval to apply for F-1 visa. Just apply for F-1 visa during your visit to France. Ask the school to explain the formalities to you. By the way, if you leave USA during a COS request, the COS is deemed abandoned.
A few weeks absence should create no problems for your dependents.
In my view, H-4 cannot be denied under Section 214(b). This is an error. Apply again.
If her I-485 was pending, she would not be out of status.
The general rule is - we should not try to take advantage of an error made by the govt.
There is no time limit. As soon as you get an H-1.
She can. For Indian citizens, H-1 and L-1 are two obvious choices.
If you travel during change of status, the request for COS is deemed to be abandoned.
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.
Once 6 years on H-1 are over, I know of only two ways to reactivate: go physically outside USA for one year, OR apply for a green card, one year after which you can extend your H-1 (or upon approval of I-140, whichever is earlier).
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
If this is all what happened, then the govt. has acted illegally. There is no question in my mind about it.
Watch the Video on this FAQ: Applying for H-4 status while on parole
Video Transcript
You can most definitely file H-4 and EAD together. Your green card process can continue even though you have changed your status.
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...
Watch Video on this FAQ: Will H-4 EAD Rule be revoked?
Video Transcript:
1. I don't think it will be revoked.
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.
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?
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.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
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.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
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 visas do NOT require a USCIS approval for a spouse who is going to the consulate for visa stamping.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/3Heaadpk1Ik?t=933
FAQ Transcript:
1. Yes you can.
2. You do not.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/3Heaadpk1Ik?t=809
FAQ Transcript:
1. Is there any time frame within which H-4 should have job offer after getting H-4 EAD?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://www.youtube.com/watch?v=sXq6DaDK7AA#t=93
FAQ Transcript:
This FAQ is about H-1 quota, how does H-1 quota work?
I think this is an issue important for many people.
Question: I am on L-1 A, If I get H-1B this April, is it mandatory to work from October 1st. Can I continue on L-1A and then change to H-1B when I like.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
Until the pending H-4 EAD regulations are promulgated, the only obvious option for her is to obtain her H-1 through employment.
See clip from video recording by Rajiv for the answer to this question regarding volunteer work on H-4 visa status.
https://www.youtube.com/watch?feature=player_detailpage&list=UUm4s1qwOSz...
Your H-4 visa does not get affected by PR in Canada, and whether or not you stay in the USA or Canada. The visa stays valid through the date of its stamping, as long as your husband is maintaining status. US immigration laws also should not create any issues with a funds transfer, but check Canadian laws and US Tax Laws.
Timing is impossible to predict. It could be as early as September or so, or as late as the government wants it to be. Also, government CAN and often does change or modify regulations after comments from the public are reviewed.
Canadian citizens can apply for H-4 at the border.
If this is all what happened, then the govt. has acted illegally. There is no question in my mind about it.
You can switch back to TN. To correct slightly, you do not automatically get switched to an H-4 (not H-2).
Assuming you have no home residency requirement, you can start the H-2B process even while you are here in USA.
I see no reason to wait.
If this is all what happened, then the govt. has acted illegally. There is no question in my mind about it.
If this is all what happened, then the govt. has acted illegally. There is no question in my mind about it.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://www.youtube.com/watch?v=ujMQ79pgzX8
FAQ Transcript
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://www.youtube.com/watch?v=xp4B1_qhvtM#t=2538
FAQ Transcript
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://www.youtube.com/watch?v=xp4B1_qhvtM#t=2384
FAQ Transcript
This FAQ is on “filing amendment for pending H-1B petitions”.
Reasonable maternity leave should be considered "in status" period, so pay stubs should not be needed.
a. No effect on your AC21 right, but you cannot extend future H-1 (if you need them).
b. Oh yes.
It has to be "activated." Note that under the circumstances reentry and hence "reactivation" is likely to be difficult.
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.
A1. Yes. In my view, that obligation continues unabated.
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.
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.
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.
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
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.
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?
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.
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."
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.
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.
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
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.
Yes you can apply for H-1 even if you get married to a U.S. immigrant or U.S. citizen.
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
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.
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.
The evaluation should be done by a professor in the related field of employment.
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
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.
No. At this time, USCIS does not require a copy of the export control license as part of the nonimmigrant visa petition process.
For an H-4 dependent visa, qualifying family members include only the spouse and unmarried children under 21 years old.
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.
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.
A petition is considered to be timely filed as long as it reaches USCIS prior to the expiration of your current H-1B 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.
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.
You can extend your time, assuming that you would be otherwise eligible for an extension of status.
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.
You should not be subject to the quota, because you were granted an H-1B approval before.
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.
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.
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).
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.
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.
All requirements towards the Bachelor’s Degree must have been met at the time of submitting the H-1B petition to USCIS.
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.
It can be a COS. If a successful COS is obtained, there is no deadline on getting a
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.
H-4 holders can not use the EAD they received while on L-2. If you can, change to H-1.
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.
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.
You can switch back to TN. To correct slightly, you do not automatically get switched to an H-4 (not H-2).
You can and should apply for B2 for both.
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.
I do not see any major issue with this as long as 221g was related to your employer, not you.
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.
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.
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.
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.
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 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.
Personally, I have seen no correlation between premium processing and increased RFE's.
The H-1 can be "transferred" - yes.
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.
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.
Working directly for the end-client eliminates the employer-employee issue usually.
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.
She can. For Indian citizens, H-1 and L-1 are two obvious choices.
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.
Yes you can. But discuss the details with your H-1 lawyers.
You can keep applying for H-1 extensions indefinitely while the PERM is pending (filed a year ago).
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.
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.
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.
Yes, we did get this information.
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).
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
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.
I have responded on my blog: http://forums.immigration.com/blog.php?b=214
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.
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).
You do not "lose" an existing H-1 by filing of a new one.
Read my blog and my article on this issue.
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?
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).
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.
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.
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.
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 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.
If this is all what happened, then the govt. has acted illegally. There is no question in my mind about it.
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.
The attached document explains the criteria.
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 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:
Watch the Video on this FAQ: Travel outside the USA when a case is pending
Video Transcript
1. Yes, you can travel.
2. I don't know the exact local rules, but you have to go for visa stamping.
3. You should not go until the amendment is actually approved. More...
Watch the Video on this FAQ: Applying for H-4 status while on parole
Video Transcript
Watch the Video on this FAQ: Changing jobs while H-1B RFE is pending
Video Transcript
Watch the Video on this FAQ: Changing jobs after I-140 approval
Video Transcript
Video Transcript
The answer is No. You can stay on a tourist visa. There are no special visas or green card for such situations. More...
Video Transcript
1. The answer is No. There is no advantage in going through for-profit or non-profit that's just irrelevant.
Watch the Video on this FAQ: Leave without pay for H-1B / Status
Video Transcript
Watch the Video on this FAQ: H-1B or other status denied - what is my status?
Video Transcript
Basic Concepts to be in Status
Watch the Video on this FAQ: H-4 EAD rules change and H-1B extensions rules change
Video Transcript
1. What you could try doing is have your green card started and you can use that to extend your H-1.
Watch the Video on this FAQ: H-1B RFE for specialty occupation
Video Transcript
Please get yourself a lawyer. Don't do it yourself. These are relatively complicated issues. More...
Watch the Video on this FAQ: Erroneously given longer duration on H-1B than eligible
Video Transcript
You are not allowed to take advantage of USCIS errors. More...
Watch the Video on this FAQ: When does one become H-1B cap exempt?
Video Transcript
Watch the Video on this FAQ: Does H-1B extension denial invalidate an existing H-1B?
Video Transcript
1.Yes. The previously approved extension does not go away. The only way that can go away is if the government separately issues a notice of intent to revoke, gives you notice and a chance to respond and then denies.
Watch the Video on this FAQ: Doing business on H-4 EAD
Video Transcript
Of course on H-4 EAD, she can do anything she likes, she can do online business, sell items on ebay amazon no problem at all. These items shipped from India is perfectly fine.
Watch the Video on this FAQ: Denial of H-1B on Level 1 wage issue
Video Transcript
1. Now if somebody's H-1 gets denied for level 1 job the same employer can file for level 2. But there should be a good reason or explanation if the government asks questions like: why are we going to level 2, why did we not go with level 2 the first time around.
Watch the Video on this FAQ: Effect of moving abroad while still on H-1B visa
Video Transcript
1. Yes, I think you can keep that H-1B alive as long as that job is there.
Watch the Video on this FAQ: Current immigration/visa options for entrepreneurs
Video Transcript
A few options for Entrepreneurial Visas:
Video Transcript
1. Not until a notice of intent to revoke is sent.
2. This case is going back to USCIS.
Watch the Video on this FAQ: H-1B visa stamping in Canada or Mexico; importance of I-94
Video Transcript
1. You can get your visa stamped in any country which is called Third Country National (TCN) processing. It is a good idea to check with them beforehand. Sometimes if they have too much of a workload, especially in Mexico they might temporarily stop taking TCN's.
You can most definitely file H-4 and EAD together. Your green card process can continue even though you have changed your status.
Audio FAQ: Protection of section 245 (K) for employment-based I-485
Audio Transcript
Audio FAQ On: Is a copy of I-140 approval required to extend H-1 B?
Audio Transcript
Audio FAQ: 60 days grace period for H-1B
Audio Transcript
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.
Watch Video on this FAQ: How to Reset H-1 Six Years
Video Transcript
1. The essence of your understanding is correct. You are safe against revocation.
2.
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.
Watch the Video on this FAQ: Rules for counting 6 years of H-1B
Video Transcript
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...
Watch the Video on this FAQ: H-1B 60 days grace period explained
Video Transcript
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.
Watch the Video on this FAQ: Travel while H-4 EAD is pending
Video Transcript
Watch the Video on this FAQ: Getting unemployment payments on H-1B
Video Transcript
Video Transcript
1. Yes, if you can get a 212(d)(3) waiver for a limited time or limited purposes.
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...
Watch the Video on this FAQ: Can a revoked I-140 help for H-4 EAD?
Video Transcript
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.
Watch the Video on this FAQ: H-4 EAD changing back to H-1
Video Transcript
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.
Watch the Video on this FAQ: Compelling circumstances EAD
Video Transcript
Watch the Video on this FAQ: How does H-1 60 day grace period work?
Video Transcript:
Watch the Video on this FAQ: Impact of the new I-140 regulations
Video Transcript:
Watch the Video on this FAQ: Revoke H-4 EAD regulation
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.
Watch Video on this FAQ: Will H-4 EAD Rule be revoked?
Video Transcript:
1. I don't think it will be revoked.
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.
Watch Video on this FAQ: When is an H-1B amendment required?
Video Transcript:
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.
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?
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.
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.
Watch Video : Am I exempt from H-1 quota if visa was not stamped
Video Transcript:
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.
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
Yes, as long as the I-140 is not revoked.
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.
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.
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.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/1QbgUmUUJvc?t=1746
FAQ Transcript:
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
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.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/F0YZD8zWm88?t=694
FAQ Transcript:
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
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.
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.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
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 visas do NOT require a USCIS approval for a spouse who is going to the consulate for visa stamping.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/8N82R3qAiJo?t=569
FAQ Transcript:
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/8N82R3qAiJo?t=123
FAQ Transcript:
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/3Heaadpk1Ik?t=396
FAQ Transcript:
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/3Heaadpk1Ik?t=273
FAQ Transcript:
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
FAQ Transcript:
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
FAQ Transcript:
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.
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?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/3Heaadpk1Ik?t=809
FAQ Transcript:
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
1. Is there any time frame within which H-4 should have job offer after getting H-4 EAD?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/GtOqgqgEG6I?t=242
FAQ Transcript
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
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
See clip from Attorney Rajiv S.
FAQ Transcript
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
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.
I have heard that there is a proposal to allow filing of I-485
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?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://www.youtube.com/watch?v=ujMQ79pgzX8
FAQ Transcript
Until the pending H-4 EAD regulations are promulgated, the only obvious option for her is to obtain her H-1 through employment.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://www.youtube.com/watch?v=xp4B1_qhvtM&feature=player_detailpage&li...
https://www.youtube.com/watch?feature=player_embedded&v=ujMQ79pgzX8#t=1665
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.
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...
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.
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.
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.
The priority date is yours the mo
No. This memorandum does not change any of the requirements for an H-1B petition.
Employees retain PD even if the o
When your application for H-1 is filed within 60 days of OPT
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.
When is a foreign person considered an employee?
A Social Security number is important because you need it to get a job, collect Social Security benefits and receive some other government services. Many other businesses, such as banks and credit companies, also ask for your number.If you are a noncitizen living in the United States, you also may need a Social Security number. For more information, see Social Security Numbers For Noncitizens (Publication No. 05-10096).
As long as PERM appeal is pending (Not, MTR), you can apply for one-year H-1 extensions indefinitely, even beyond 6 years.
1. The actual process for the Foreign Labor Certification varies depending upon the program being used. This http://www.foreignlaborcert.doleta.gov website contains information regarding the process for filing for each of the programs under the Department of Labor's (DOL) jurisdiction.
Please refer to the following link for information on printing your I-94: http://www.immigration.com/news/general-nonimmigrant-visa/i-94-web-appli...
An H-1B petition for extension may be submitted to USCIS no more than 6 months prior to the expiration of the current H-1B status.
If you are no longer in valid H-1B status, your dependents’ H-4 petitions will no longer be valid either.
A petition filed under the 2014 quota cannot have an effective date before October 1, 2013. You cannot be in H-1B status prior to that date.
USCIS treats each petition as a new case and requires a complete set of documents, as if it is the first time you petitioned.
1. The one year out starts when you leave USA.
2. It may be best not to visit during that year.
If you are outside USA, only H-1 is processed here. H-4 is done at the consulate when you go apply for H-1
Methodology can change within a survey among different occupations, so it is necessary for DOL to receive full survey methodology with each prevailing wage request, even for a commonly used alternate wage survey.
If you are subject to H-1 quota, to get status within USA, you must maintain status till September 30. So, it appears you may have to apply for H-4 as well as H-1. Your lawyers can help you figure out the timing. Applying for H-4 now should not be an issue. But move quickly. You can file for H-4 online. Fairly easy.
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.
The employer will have to file for an H-1B amendment. It is like doing an H-1 all over again, but the fees can be a lot lesser.
You can and should apply for B2 for both.
Your current H-4 status and visa remains valid and can be used for travel. Each time, your husband changes jobs, you do not have to apply for H-4 until the time the H-4 is about to expire.
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.
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.
1. You can keep the PD only as long as the sponsoring employer does not revoke your I-140, go out of business and USCIS does not revoke the I-140 OR, USCIS does not revoke the I-140 for fraud.
2. No.
A few weeks absence should create no problems for your dependents.
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.
In my view, H-4 cannot be denied under Section 214(b). This is an error. Apply again.
Personally, I have seen no correlation between premium processing and increased RFE's.
The H-1 can be "transferred" - yes.
An extended H-1 can be transferred, but obtain the extension before the former employer revokes the I-140. I see no issues (generally speaking) with a PD transfer, unless USCIS (not the employer) revokes the I-140. Ask your lawyers for details.
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.
If her I-485 was pending, she would not be out of status.
If you are maintaining H-1 status on the date your H-1 to F-1 change of status application is received by USCIS, you can apply for H-1 to F-1 change of status within USA. Check with your school. They should be able to guide you.
In my view that is bad legal advice. You are deportable the day your H-1 is denied. I advise our clients to make plans for leaving ASAP.
I dont see much difference in the two (as long as we are truthful with the consulate). Option b may be slightly better because you would already have the L/H visa.
Working directly for the end-client eliminates the employer-employee issue usually.
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.
EAD and H-1 are two different things. You will get your EAD only after you file the 485.
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
I see no issues at all with the derivative beneficiary being self-employed on EAD.
The general rule is - we should not try to take advantage of an error made by the govt.
There is no time limit. As soon as you get an H-1.
This seems to be an issue of contract only. Immigration law does not stop you from changing.
As far as I remember, most nurses jobs do not qualify for H-1/E-3 type visas because a US Bachelor's degree is not required for the jobs. If you can find a job where a Bach. degree is the minimum requirement, you can be eligible for E3 or H-1B.
Start with Optional Practical Training.
In that case, your 6-year clock begins to run on the date you converted (changed status) to H-1.
H-1 starts on the date you ENTER USA.
I see no need for a new visa.
Sure. Have the new employer apply for H-1 for you. Apply for premium processing.
H-1B count down starts from the date of entry.
If the company is in USA, you will file complaints with ICE and Wage and Hour Division of Department of Labor. If in India, I guess they will file a police complaint.
If you travel during change of status, the request for COS is deemed to be abandoned.
You will need to apply for an H-1 through the employer you wish to join. You should be able to apply for a change of status as a part of that process.
If you are subject to the quota, I cannot think of how you can start earlier than 1st October, unless you have unique skills or circumstances. Once on H-1, you are like anyone else. Your green card can be filed because you would already have waived your privileges and immunities.
Grant of H-1 approval by USCIS is absolutely no guarantee that a visa will also be granted.
Number of publications, impact factor of journals and number of citations - that is what they look at these days.
I cannot think of any stage at which you cannot travel. Good luck!
Generally speaking, where there is a choice, we always file multiple green card applications for spouses.
You need to discuss this with your H-1 lawyers. I do not believe you can stay. Filing an extension may not help either.
If you qualify, H and L visas are certainly more secure than an F visa.
Assuming you have no home residency requirement, you can start the H-2B process even while you are here in USA.
For university and other quota exempt positions, you can apply for an H-1 any time.
These H-1 approvals tend to be more difficult. You are correct. Do not leave the old employer until and unless the new H-1 is approved.
I cannot think of any reason why the same I-140 cannot be used for repeat H-1 renewals. By way of caution, do not change companies until the H-1 approval is in hand.
Yes you can. But discuss the details with your H-1 lawyers.
A gap of even one day (unless excused by USCIS) puts a person out of status and is not permitted. When you leave a sponsoring employer, it certainly calls into question the continuity of existence the green card job'
As long as the leave of absence is reasonable and customary (or required by medical necessity), she should be considered in status.
A1. I do not know of any law that requires an employer to withdraw a PERM application if an employee leaves or gets laid off, but the employer still retains a good faith intention to hire them back. When we first filed the PERM application, we filed it in good faith, asserting to the USDOL under penalty of perjury that:
You have enough funds available to pay the wage or salary offered the alien and you will be able to place the alien on the payroll on or before the date of the alien’s proposed entrance into the United States.
Continued payments are required by law for H-1 holder, unless they come under some very limited exceptions for leave for employee's personal reasons. Not paying, exposes the employer to investigation and penalties and may place the employee out of status.
In the green card context, non-payment can lead to problems with demonstrating ability to pay wages.
For both H-1 and GC, nonpayment can lead to an assumption that no genuine job exists. That could lead to cancellation of one or both processes, except for situations where AC21 portability is involved.
You are cap exempt and should be able to change status OR get H-1 visa stamping right away. No waiting till 1 Oct.
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.
Once 6 years on H-1 are over, I know of only two ways to reactivate: go physically outside USA for one year, OR apply for a green card, one year after which you can extend your H-1 (or upon approval of I-140, whichever is earlier).
I think they will not stamp a new visa while the old one is still valid for some number of days (30 or 60, I forget). Email the consulate.
If you change your field/job description, it is very likely that you have to start your green card all over again. You should be able to carry the same priority date, but the PERM/I-140 may have to be done again.
Since the H-1 quota is over, OPT is your best option as far as I can tell.
1A. Yes.
2A. Yes, but you will then lose H-1 status (which can be revived by reentering USA using an H-1 visa during the life of your H-1 and taking up single-employer job with the H-1 sponsoring employer – not a difficult task, usually).
3A. Correct. You are in authorized period of stay. That has been explained in my blog.
4A. You can stay as long as CIS does not send an RFE or a Notice of Intent to Deny requiring you to prove similar, alternate employment (AC21 portability – also explained in detail on my blog).
Once the quota is full (as it is now) you can get an H-1 only for a job that is quota exempt (not just an employer that is quota-exempt)
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
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.
I have responded on my blog: http://forums.immigration.com/blog.php?b=214
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.
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).
A diploma that requires a bach. degree for admission may help, but a Master' in your own field is better. You can also acquire three years of experience in the field of your degree. That too can qualify you.
It appears you had already started working for B. The denial puts you out of status. In order to go back to A, it is my view, you will need to go back to your home country, get a new H-1
The employer is obliged to pay you the H-1 renewal wage now and the PERM wage after you get the GC approval.
You are permitted to travel on either an H-1 visa, or an
The degree of difficulty has no quantitive scale. But generally speaking, all professionals should have the same degree of difficulty.
A1. When a person has less than a complete 4-year bachelors degree, then each year of college education that they are missing may be replaced by three years of relevant experience in the field in which they are seeking a job. For instance, if a person has a three years degree in Mechanical Engineering and they wish to obtain an H-1
From my blog, one thing should have been clear. Whether or not you get approved is irrelevant. A timely filed application puts you in authorized period of stay. That was the whole point.
Contact customer service of USCIS or convert your case to premium.
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).
Once you have been outside USA for one year, there are two options. One, be subject to the quota and get 6 years of H-1. Two, if there was any H-1 period left, take the remainder and not be subject to the quota.
Read my blog and my article on this issue.
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.
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.
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.
As long as the leave is normal, or supported by documented necessity, you should have no problem.
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.
The most obvious choices are H-1 and L-1 visas. Look into those. US laws are fairly stringent in visas. Good luck!
1. If your job remains the same and regular salary continues to be paid I see no issue for H-1 or green card.
2. An amendment should be filed, though it is debatable if it is required.
3. In my view, AC21 port is easier.
1. I think I prefer AP. Read the Cronin memo and you will understand that even if you enter using AP, you will be considered to be on valid H-1 as long as you were maintaining H-1 status before you left. Search the word "Cronin" on my blog .
2. No. See answer above.
3. It is impossible to predict times. Plan for a six-month turnaround.
4. Do not be scared of queries. We are yet to lose an H-1 case. I am not aware of any queries on AP.
5. Advance Parole and Passport.
One of the questions I am asked quite frequently is whether or not an E-1/E-2 visa holder can apply for a green card and not jeopardize his or her E status. The answer is PROBABLY yes he can.
In the E visa context, this is what the govt says:
Quote:
9 FAM 41.51 N15 INTENT TO DEPART UPON TERMINATION OF STATUS
(TL:VISA-404; 04-29-2002)
1. This means that the consulate sent the case back to USCIS for review, revocation (and may be investigation of the employer). Usually, you should not have any issue with it. But from what I recall, if the case is revoked, you will be subject to the H-1 quota in future.
2. I do not see any implications for the individual unless the revocation was based upon some problem with the individual's qualifications.
There is no special protection of compensation under H-1 laws once employment is terminated. Under immigration laws, the employer is required only pay for a one-way ticket back to your home country. The protection, if any, comes from employment contracts.
1. H-4 is her personal application. All she needs to do is send a letter to USCIS stating "I hereby withdraw my application for H-4." Attach a copy of the fee receipt for H-4 application that comes from USCIS. I see no need for you spend money on legal fees, but that is your choice.
2. If nothing else works and she does get the H-4 approval, just have her step outside USA and reenter on F-1 visa and get a new I-94 from CBP at the airport.
3. Generally speaking, no.
1) When an H-1B is denied and your I-94 has expired, your out of status immediately upon denial AND you are accruing unlawful presence. An appeal or an MTR does not give you status nor does it stop the running of unlawful presence.
2) You are still out of status AND unlawfully present because the new H-1 was applied after your I-94 expired.
3) Too many variables. Generally speaking, USCIS is supposed to hold a new case pending if an appeal has been filed on exactly the same case.
4) No.
5) No.
You cannot. This extension is available only to employment-based applicants.
Your best bet is the local State Workforce Agency for the State where you are employed. If you are not on H-1, this is the way to go. They will recover your salary. And, it does not cost you anything.
Here is the link to the SWA's for non H-1B workers http://www.doleta.gov/regions/reg01b...ources-SWA.cfm
H-1B and E-3 workers, go here:
1. No. An I-539 is used if you want to change status within USA.
2. You need to check with your school about CPT. The requirements for OPT as I recall are two full semesters on F-1.
3. No one can predict that. Sorry.
I think this is a timely question. I can give some pointers based upon my experience.
H-1 approvals are easier:
- for in-house projects and for companies who can obtain letters from end-clients verifying the work; the degree of control they have over the H-1 worker and the duration of the assignment; and
New LCA Online System Beginning May 15th, 2009
Beginning May 15th 2009, the Office of Foreign Labor Certification will be disabling the filing of existing LCA form 9035E on its website http://www.lca.doleta.gov/.
Our office will use the new iCERT Portal System (http://icert.doleta.gov/) to file LCAs online using the latest Form 9035.
USCIS Updates Information on FY2010 H-1B Petition Filings
Receipts remain relatively unchanged
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today announced information on the number of filings for H-1B petitions for the fiscal year 2010 program. USCIS has received approximately 45,000 H-1B petitions counting toward the Congressionally-mandated 65,000 cap. The agency continues to accept petitions subject to the general cap.
Quote: Hi Rajiv,
Its good to see the way you are providing appropriate answers to our questions. your responses are very helpful for us, specially in this tough time when USCIS is scrutinizing every Non-Immigration case.
Quote: 1. Hello Rajiv, my wife and I have been working on H1B for different employers. My employer applied for my GC in 07. I have my I-140 approved, my wife and I have our EAD cards and AP. Thanks to your team! Now my wife's H1B term (6 years) ends on Jan 2010. Does this mean that if she wishes to continue her employment with the same employer after Jan 2010, she "HAS" to use her EAD ?
Ans. Yes. Under the current USCIS policy, they will not extend her H-1, based upon your I-140. They used to do that a few years ago, but not any more, as far as I know.
Here is the release from USCIS.
April 27, 2009
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today announced an updated
number of filings for H-1B petitions for the fiscal year 2010 program.
USCIS has received approximately 45,000 H-1B petitions counting toward the Congressionally-mandated
65,000 cap. The agency continues to accept petitions subject to the general cap.
Additionally, the agency has received approximately 20,000 petitions for aliens with advanced degrees;
Durbin, Grassley Introduce Legislation to Reform H-1B Visa Program
Thursday, April 23, 2009
[WASHINGTON, D.C.] – Assistant Senate Majority Leader Dick Durbin (D-IL) and Senator Chuck Grassley (R-IA) today introduced the H-1B and L-1 Visa Reform Act – narrowly-tailored bipartisan legislation that would reform the H-1B and L-1 guest-worker programs to prevent abuse and fraud and to protect American workers.
1. I don't have a work order or client letter to support my H1B extension which is expiring on 2nd June. Is it legally not allowed to file for H1B extension without this or to avoid RFE one need to support extension with this.
From USCIS:
Quote:
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?
The cardinal rule in visas is that consulates can ask for pretty much anything. If they do ask for proof of H-1 employment or pay stubs and you do not have it, the H-4 still cannot be denied. The fact that one has been out of status is no bar to the grant of an H-4 visa.
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).
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.
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.
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.
USCIS now wants consulting companies to provide tax information on their clients. This is gross over-reaching in my view. Here is an excerpt from an RFE we received last week:
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 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.
Ans. Yes. As long as the employer has the intention of keeping the job open for you and you have the intention to join them, the green card process can continue.
Quote: If by any chance they say that I can do it, does it involve just an amendment to my H1b or will it be a fresh H1b? My job responsibilities will change and $8000 change in salary only.( from Research Associate to resident). If yes, can I join residency before the amendment is approved? I heard that INS should receive the petition before the join date and I am fine.
Quote: I am currently on H1b status valid till may-2011 and have a valid EAD card, My I-485 is pending for over 180 days. My company has cut my position and may revoke my H1b. If I transfer my H1b to another company and then work on EAD. Will my H1b remain in the dormant status?
Ans. Yes.
Quote: If yes, can i switch back to my H1b if i wish to? and what would be the process?( go out of country to get stamped?)
If this is all what happened, then the govt. has acted illegally. There is no question in my mind about it.
There are two situations to analyze here: being benched and getting paid a lower salary. Both of them have problematic implications for employers and employees.
Here is what concerns me. As far as I know, it has never been done so far, but the possible consequences of being benched are that the I-485 can be denied and (POSSIBLY, but there are strong arguments against it) I-140 could be revoked if already approved. If I-140 is not approved, USCIS could easily deny the I-140.
Qo. I plan to be on EAD after my 6th year of H1-B expires on September 23, 2008. If I decide to be back on H1-B then is there any time limit within we have to file for H1B extension after its expiration on September 23, 2008 while I am working on EAD?
Ans. Generally speaking there is no time limit as long as you are entitled to the extension.
Qo. For example, will we have to file within 6 months or 1 year after September 23, 2008 while I-185 is still pending?
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.
Quote: (1) If we revoke their H-1, are we still required to pay full wages if our clients say they do not currently have a project for our employees?
Ans. You are not required to pay "bench salaries" for employees whose H-1 are revoked (remember you must inform CIS and offer employee a one-way ticket home). But we then have exposure to the questions, "do you still have a "permanent" job for them?" If the answer is no, then their GC processing can be interrupted unless they use AC21 portability.
The attached document explains the criteria.
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.
1. Ans. It lapses upon change of status from the date the status is changed.
2. Ans. You cannot have H-1 and L-2 status at the same time. But on the L-2 EAD you can do both jobs.
3. Ans. Yes.
1. She can NOT do this on H-4. Once you folks file 485 and get EAD, things will be different.
You can then be a passive investor (performing no work type activity for the company) even while on H-1. You can also be an active investor if you wish to move to EAD as long as you maintain your intention to work full time for the GC sponsoring employer. Your wife can work for the company, own it, be partners, etc. as long as she has the EAD.
1. Are we OK in keeping an H1B worker without work as long as we pay him during the project break too - at the LCA wage level.
Ans. You must pay your H-1 workers the legal wage. This is the higher of the prevailing wage or the actual wage. Actual wage is defined as that which you pay other similar employees in the same geographical location. So, as long as you pay the legal wage, there is no problem.
There is a lot of confusion out there as is obvious from a gazillion emails I have received. So, I braved the lion’s den and tried to figure out this thing. Here is how I see it.
1. If an employer receives TARP funding they can hire NEW H-1B workers only if they comply with certain requirements. Note that existing H-1 workers are not affected. Note also that there is no effect on existing or future green card applications of such employers.
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:
I do not see any way around filing an F-1.
That depends upon whether or not the conspiracy was in fact in relation to the pending cases. For example, if the fraud/conspiracy involved non-payment of H-1 employees, that should have no affect on pending green card cases.
1. I am curruntly on HIB Visa for the past 5yrs and 2 months (GC process started and 1-140 approved) working for a State Health Department.
Dear Rajiv, we are small business firm with few h1b workers. I have few questions that I would like to get your advise:
a) Do we need to file a separate labor petition whenever a h1b worker moves to an different project location?
Quote:
1. If an employee is on a H1 they cannot have a 10% pay cut unless their H1 was amended and refiled.
Quote:
If we apply for a H1b extension for another year ( I believe we can apply 6 months before the expiry of the current 7th year H1b ) and if its approved, does that mean that I can still work till Nov 2010 even if the I -140 gets rejected before the extension comes into effect?
Ans. Yes. You are safe. Under current practice, CIS does not take away extensions already given.
Quote:
It looks like your visa was not canceled, you just did not use it. Note two things. First, non-use of an earlier issued visa should not create any problems in the future. But second and much more important, you HAVE to tell the hospital that you had an H-1 earlier. As far as I know, there is a question on the H-1 forms that specifically asks that question. Not answering the questions on the forms truthfully can get you into trouble. Check the forms, if there is no question that asks about any earlier H-1, you are fine.
Difficult to say what the chances are, but read on.
Note that sometimes the employer may not be exempt from the quota, but the job may be. In the last three months, we have processed three cases like this.
Two H-1 cases were for a for-profit employer who was subject to the quota. But the employees are working at a Federal Research Lab. So that jobs are being performed to assist the function of a quota-exempt entity. H-1 were approved.
After one year abroad, you have 6 more years. The unused portion is ignored.
It is illegal for an employer to pay you in cash (or kind) and not deduct payroll taxes.
You can transfer. Ask CIS to "forgive" being out of status because this is not your fault. If you want to make your case stronger, file a complaint against the employer for non-payment of wages. Use this form:
http://www.dol.gov/whd/forms/wh-4.pdf
You can also contact the local WHD of DOL where you are:
http://www.dol.gov/whd/
I think I have mentioned this in my blog earlier. Once the COS is approved and kicks in (October 1, 2008), he is NOT on L-1 hence the work on L-1 is illegal. This can have an impact on several things.
To correct matters, he must immediately reenter USA with an L-1 visa or apply for COS back to L-1.
Generally speaking, NIW is a lousy back up for a number of reasons. But I say this not knowing the merits of your situation, as your lawyer does.
1. Advanced degrees do not help in a family-based green card.
Changing the way she is planning is perfectly legal. There is no question of a "bad impression."
In my view, she will not be subject to quota unless she is outside USA for a year.
The companies are required by law to revoke her H-1. I see no issues there.
The following discussion applies to all visas where working is not permitted. Most typical examples of these types of visas are F-2 and H-4. The question often arises whether or not it is legal for such folks to volunteer their time or are they constrained to stay at home.
Quote: Q. May an H-4 (or F-2 type visa) holder volunteer for work to provide charitable service, to gain experience or just to stay busy?
Facts - I am on an L1 visa working for employer A and my wife is on L2-EAD. We both applied for H1 visa through Employer B and it got approved recently. I am not sure if Employer B (Consulting Company) has applied for COS while applying for both of ours H1 visa. Could you answer the following queries for both (COS applied and COS not applied) conditions during H1 application.
Questions
Whenever CBP gives you an I-94 with mistakes on it, they can easily correct it if you just go back to the airport and request a correction. Most airports have CBP office hours. In my view, they should issue an I-94 co-extensive with your approval, not your passport. So, go back to CBP. Post your experience here for all.
H-1 by Start-up Companies
Q. I am a student graduating in December with my Masters degree. I have an offer from an university. I understand that universities apply for exempt-H1B. I also understand that exempt H1B's cannot be transferred to non-exempt H1B's.
Will I be able to work in the period from April to October 1st with the private company, when my non-exempt H1B is still in process? Will accepting this offer be a problem if i want to move to a private firm later?
In professions that require a license under State law (teacher, nurse, architect, physician), an H-1B cannot be submitted without the license. This is the general rule.
Nevertheless, where the license is delayed because the beneficiary does not yet have a Social Security Number, CIS may approve the petition for at least one year. We must, however, submit documentation from the licensing State agency confirming that the beneficiary has met all other requirements for the license (except providing a SSN) and that one will be issued as soon as the agency receives the SSN.
In my view, he cannot go back to company A without taking some additional steps.
Here, company A has revoked the H-1 (all that takes is a letter), they will need to reapply the H-1 and he should get a new visa stamp. He can also get an H-1 through another employer but will most probably need a visa stamp before he can start work. The existing query (RFE) should not normally interfere with any future applications unless the RFE contains some allegations of fraud or lack of qualifications related to your friend.
People (even lawyers, including me) find it difficult to keep the H-1 quota issues straight. I am giving the law here for reference and better understanding.
The Law
_________________________________________
AC21
_______________________________
SEC. 103. SPECIAL RULE FOR UNIVERSITIES, RESEARCH FACILITIES, AND GRADUATE DEGREE RECIPIENTS; COUNTING RULES.
Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)) is amended by adding at the end the following new paragraphs:
If their visa is still valid, they can travel. Each time an H-1 holder changes jobs, the H-4 holders are NOT required to change their H-4, as long as the H-4 status (I-94) or visa is still valid. An action on H-4 is required only if the status (if within USA) or the visa (if traveling abroad or outside USA) is about to expire. Of course, if H-1 holder has been out of status even for one day, my answer would change.
Ans 1. In my opinion, you will not be subject to the quota again.
Ans 2. You should not be subject to the quota.
I am on H4 in the USA , I have applied two H1B's through two different employers (Company-A and Company-B) on Apr 1st , 2008 and both have got approved which will be effective from Oct1st , 2008.
I have the following questions
Qo1. Now I have two new I-94's through two different employers ( Company-A and Compnay-B ) plus I have my own H4 I-94 with me. Do I need to return all three I-94's if I leave the US
Ans1. Yes. I usually recommend that all I-94’s be surrendered.
We got an approval for a L1 to H1 with an I-94 effective Oct 1, 2008. But the candidate got an admission for a one year full time MBA program which he wants to pursue and join us in August 2009. His MBA program is starting in September 2008. So, he will be applying for his F1 status soon.
Qo1. What choices do we have to keep the H1 approval valid so that he can join us in August 2009 ?
Bottomline - I think H-1 should be renewed.
A little more info: A few months ago, I used to feel strongly that AOS applicants should keep their H-1 active for several reasons. Two of these are:
One, EAD issuance was erratic and CIS had discontinued issuance of interim EAD's (that is, if in 90 days your EAD is not issued, you could walk with a infopass appointment to your local CIS office and get an EAD). Thus, EAD's were unreliable and given for only a year. You could have interruptions in your work.
I am trying to take an appointment for my wife to renew her H-4 visa since the dates are available right now. She came here on H4, switched in between to F-1 (change of status) but did not leave US, then got the new approval for change of status to H4 (after we filed for green card) and wants to get it stamped now. There is a bit of confusion on the DS-156 form that I have to fill out.
Watch the Video on this FAQ: When does one become H-1B cap exempt?
Video Transcript
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?
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.
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.
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
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.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
1. Is there any time frame within which H-4 should have job offer after getting H-4 EAD?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://www.youtube.com/watch?v=baprYGs8IzQ&t=782
FAQ Transcription
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://www.youtube.com/watch?v=sXq6DaDK7AA#t=93
FAQ Transcript:
This FAQ is about H-1 quota, how does H-1 quota work?
I think this is an issue important for many people.
Question: I am on L-1 A, If I get H-1B this April, is it mandatory to work from October 1st. Can I continue on L-1A and then change to H-1B when I like.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
See clip from Attorney Rajiv S.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
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
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.
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?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://www.youtube.com/watch?v=ujMQ79pgzX8
FAQ Transcript
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
FAQ: Discrepancies In Date Of Birth Information
FAQ Transcript
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://www.youtube.com/watch?v=xp4B1_qhvtM&feature=player_detailpage&li...
https://www.youtube.com/watch?feature=player_embedded&v=ujMQ79pgzX8#t=1665
See clip from video recording by Rajiv for the answer to this question regarding volunteer work on H-4 visa status.
https://www.youtube.com/watch?feature=player_detailpage&list=UUm4s1qwOSz...
This is not likely to work. Filing a concurrent H-1 is perfectly acceptable in this case and it does not affect your green card process, nor your current H-1. I dont know of any way an H-1 can be approved for an intermittent employment.
As long as your I-140 is not revoked BEFORE approval of H-1 extension/transfer, the receipt should be enough to get an extension with another employer. The priority date transfer is "automatic" and done at the USCIS level; that should not even need a receipt.
Yes, you do. E-3 visas for Australia and H-1B1 for Singapore and Chile, all require an LCA.
Your H-4 visa does not get affected by PR in Canada, and whether or not you stay in the USA or Canada. The visa stays valid through the date of its stamping, as long as your husband is maintaining status. US immigration laws also should not create any issues with a funds transfer, but check Canadian laws and US Tax Laws.
Timing is impossible to predict. It could be as early as September or so, or as late as the government wants it to be. Also, government CAN and often does change or modify regulations after comments from the public are reviewed.
No. This memorandum does not change any of the requirements for an H-1B petition.
This question is raised often and debated much amongst lawyers focusing their practice on employment-based immigration. I have a call scheduled with a corporate client who is considering the legality of accepting a volunteer in their for-profit IT business.