H-1 Visa

H-1B Amendment

My work location had changed and my employer had filed an H-1B amendment. Now I am moving back to the original location, which was filed in the first H-1B petition. Is there anything that needs to be done?

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.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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H-1 to H-4

My spouse and I work for the same IT company. My spouse who is on H-1B visa is already in the US and my H-1B is under process, hoping to get it stamped latest by October 13th. I plan to quit my current job after stamping is over(may be in Oct13) and join my spouse on dependent visa (H-4). 1) When I apply for H-4, will my H-1B be valid or my company will cancel my H-1B? 2) Assuming H-1B still remains valid after my H-4, can I apply for change of status to H-1 later and search for jobs while on H-4? 3) How long does it take for change of status from H-4 to H-1?

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.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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USCIS Releases FY 2012 Annual Report to Congress on H-1B Petitions

  • USCIS report to Congress on FY2012 H-1B filings, including the number of petitions filed, the number of employers required to pay the additional ACWIA petition fee, and the number of “Fraud Prevention and Detection Fees” paid.
  • Please check the attachment to view the report.
Agency: 
Nonimmigrant Visas: 

Guestbook Entry for Nakul Saluja, India

Name: 
Nakul Saluja
Profession/Occupation: 
Nonimmigrant Visas: 
State: 
Delhi
Country: 
India
Comment: 

Dear Rajiv Ji, I am really happy to inform you that our H-1B/ H-4 interview at US Embassy, New Delhi was successful and that we both have received our stamped passports from the Embassy too. I would really like to thank you for all your valuable guidance and help. Thanks again! Nakul

Request to Upgrade to Premium Processing

My employer filed my H-1B petition during the Quota using regular processing. Now we have received an RFE. Is it possible to change to premium processing now in order to receive an earlier decision from USCIS?

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

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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H-1 Transfer and Stamping

I have stamped visa from Company A and I entered into USA from that company itself. Now my visa has been transferred to Company B. I am going back to India to bring my family. Will I have to go for stamping again? Will it make any difference at POE if Company A revoked/cancelled my H1B?

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.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Labor Certification Registry Document Availability Schedule (as of July 1, 2013)

Currently, the LCR displays all certified H-1B1 and E-3 Labor Condition Applications (LCA) and Permanent labor certifications, dating back to April 15, 2009. However, the Department is experiencing technical difficulties with the display of approved H-1B LCAs. In addition, due to the historical paper-based filings of H-2A and H-2B applications, these labor certification documents must be manually redacted and uploaded to the LCR and, therefore, only a limited number of records covering Fiscal Year 2013 are currently available.

Agency: 

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