H-1 Visa

USCIS explains its types of site visits

USCIS' Fraud Detection and National Security (FDNS) office has recently explained the three types of site visits that are currently being conducted:

1. Risk Assessment Program fraud study (RANDOM VISITS). This is a joint study by USCIS and ICE applicable to both family-based and employment-based cases. Cases are chosen for randomly for review and site visits  usually after a case is approved. The purpose of this study is to build a profile of the types of cases where fraud is most prevalent.

Another H1B Approval After a Period of being out of status and unlawfully present

We were recently retained by an employer whose employee fell out of status due to an omissions by the former counsel. Prior to the employee’s H1B expiration date, the employer tried to file an H1B extension. The employer’s former Counsel utilized an obsolete and inappropriate wage source when filing the LCA. This wage amount was also not representative of what the employee was earning. As a result, the employer had to withdraw the LCA. This circumstance resulted in an untimely filing of the employer’s H1B application and the employee’s status expiring due to no fault of his own.

Profession/Occupation: 
Nonimmigrant Visas: 

H1B Visa Professionals

H1B Visa Requirements
The H1B is a non-immigrant visa in the United States under the Immigration & Nationality Act, section 101(a)(15)(H). The H-1B nonimmigrant category is for foreign workers in "specialty occupations" and fashion models of "distinguished merit and ability."  A "specialty occupation" is defined by the Immigration and Nationality Act (INA) as an occupation that requires:

Nonimmigrant Visas: 

EAD and H-1 Conversions for Derivatives

Here is another set of questions that may be of interest to you folks.

Facts from one of our clients
I have applied for 485 as the primary applicant and my wife is the secondary applicant. Right now both of us are on H1 visa. We had applied for EAD and AP and intend to apply for renewal soon as we near 120 days.
I am on my 7th year of H1 and my wife is on 2nd year of H1 and 3 year of (H1 and H4 combine). Her current H1 expires on April 2010.
I intend to remain on H1 itself and have no intentions of using my EAD.

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