H Visa

Transfer to a startup company H-1

Question details

I currently have an H1-B status supported by a large enterprise company. This visa is valid for another 2 years. In the next 2 months I would like to transfer to a brand new startup company that will only have 1 American employee and myself. Do you have any recommendations I need to watch out for when moving to a start up company like this. I guess I'm wondering if the government is more suspicious for these smaller companies than the large coorporations. I'm also looking for immigration lawyer to help me with this.

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.

H1 approval and stamping

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I got H1 approval and they asked me to immediately go to home country for stamping. What is the best answer that I can give when they ask me about the gap where the status was illegal. My stamping is on March 9th 2010 in Chennai.

H1 B question

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Can an individual be granted H1-B status if they are doing an internship (unpaid) or any type of volunteer position? If not, can anyone tell me how an individual would go about getting anything resembling this type of visa for an internship?

H1B renewal using an old I-140 from a previous employeer

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When I was working at Company A I filed for my I-140. Unfortunate I had to quit the company A and join company B. When company B filed for my H1B transfer in 2007, the I-140 from company A got approved and we were able to extend my H1B for 3 years. After a year I had to quit company B and join Company C. Now in Company C I filed for Labor through PERM in 2008 which got an audited once and I am waiting for my Labor to approve.

My H1B is expiring in Sep 2010 and my company is not doing good. So if I change a job now, would it be possible to use the old I-140 and Renew my H1b for 3 more years.

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.

USCIS Reminds Petitioners to Provide Approved Labor Condition Applications

U.S. Citizenship and Immigration Services (USCIS) announced that it will not extend the period in which it temporarily accepted H-1B petitions filed with uncertified Labor Condition Applications (LCAs).

Due to processing delays associated with Department of Labor’s (DOL) “iCERT” system, USCIS responded to requests from the public and temporarily allowed H-1B petitions to be filed with uncertified LCAs. This temporary measure went into effect on November 5, 2009 and expired on March 9, 2010.

H-2A Regulations Mailbox Open for Inquiries

After the publication of the H-2A Final Rule addressing the Temporary Agricultural Employment of H-2A Aliens in the United States, the Department's Office of Foreign Labor Certification has reopened its H-2A Regulations mailbox for public inquiries. The interested public should direct all general inquiries regarding the H-2A program to the H-2A.Regulations@dol.gov mailbox. However, any case specific inquiries should be directed to the Chicago National Processing Center mailbox at TLC.Chicago@dol.gov

USCIS to Accept H-1B Petitions for Fiscal Year 2011 Beginning April 1, 2010

U.S. Citizenship and Immigration Services (USCIS) announced  that it will begin accepting H-1B petitions subject to the fiscal year (FY) 2011 cap on April 1, 2010.  Cases will be considered accepted on the date that USCIS takes possession of a properly filed petition with the correct fee; not the date that the petition is postmarked.

The fiscal year cap (numerical limitation on H-1B petitions) for FY 2011 is 65,000.  Additionally, the first 20,000 H-1B petitions filed on behalf of individuals who have earned a U.S. master’s degree or higher are exempt from the H-1B cap.