H-1 Visa

H-1B Quota and the "Reminder Option"

I have H-1B stamped valid till March 2014 and I am in India right now. My current employer laid me off and cancelled my petition.I have got a call from a consultant that they can file a new petition in premium category against my exiting stamped visa under cap exempt category even if my current petition is already cancelled. Can I use my H-1B in this way even if my petition is cancelled by my earlier employer and me being available in India .

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?

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

Add new comment

Guestbook Entry for SureSamUS, United States

Name: 
SureSamUS
Profession/Occupation: 
Nonimmigrant Visas: 
State: 
Virginia
Country: 
United States
Comment: 
I had a unique situation with my visa, family and company, and Rajiv Khanna was kind enough to take my call and answer to the truth. He gave me his honest opinion and no sugar coating. I like that.  I would def. recommend him over other immigration attorney. 

H-1B Approved after Denial

Our office was retained to process an H-1 Change of Status petition for a Quality Assurance Engineer working on a turnkey project owned by a middle vendor at a client location.  We explained to USCIS that the end-client was infact the vendor, who “owned” the project.  USCIS denied the petition, holdingthat we had failed to obtain proper documentation from the end-client.  We filed an MTR with extensive arguments and evidence that the petitioner was the actual employer of the beneficiary and that the vendor, not the end-client, owned the project. 

Nonimmigrant Visas: 

B-1 in Lieu of H-1

I came with B-1 to work until I obtain H-1B (this is B-1 in lieu of H-1 clause that authorize me to work). I was not selected at 2013 H-1B lottery. How long can I stay on B-1: 6 months + one renewal, would the second renewal be granted,I am looking at L-1B as an alternative but I did not complete the one continuous year before coming to US with my employer. Can the company "make up" some months of work abroad to complete the 12 months? How deep are they digging into for L-1B?

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.

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

Add new comment

Receipt Notice for H-1B Petition

How long will it take to get a receipt notice for my H-1B petition that was not filed with premium processing?

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."

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

Add new comment

Filing H-1B Quota Cases Next Year

Can you let me know when we can start filing H-1B cases again for this year?

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.

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

Add new comment

Guestbook Entry for Guillermo Roman, United States

Name: 
Guillermo Roman
Profession/Occupation: 
Nonimmigrant Visas: 
State: 
Illinois
Country: 
United States
Comment: 
Mr. Khanna and his team have been processing my H1B application this year and I only have words of gratitude for them. You really feel like they care about you and are always willing to give you the best service. I had some questions about travelling outside the USA during the CAP-GAP extension. Eugene set up a conference call with Mr. Khanna right away and they answered all my questions and also sent me an email with the USCIS regulations that covered these issues. I would highly recommend this firm to anyone in a similar situtation.

Applying for Spouse after H-1B Approval

I am planning to come to the U.S. to work. The company that is going to file the H-1 petition for me tells me that they will not need to file any petition for my wife. I want her to accompany me to the U.S. What do we need to do?

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.

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

Add new comment

Sufficient Evidence of an Employer-Employee Relationship

We are filing an H-1B petition for a three-year period for a potential employee. However, they will be assigned to work at a client site and the contract we have with this client is not for the full three-year period. Will the petition be denied on this basis? We would still want this individual to work for us for the full three years.

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

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

Add new comment

Filing H-1B Petition while Passport Expires in Six Months

How can I file an H-1B petition if I have less than six months before my passport will expire?

You can submit evidence that you have applied for an extension of your passport along with the H-1B petition.  Such evidence may include copies of any documentation sent for the passport renewal.

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

Add new comment

Pages

Subscribe to H-1 Visa