H Visa

H-1B to B-2

I am working in USA on my H-1B right now and my wife is on H-4B. My H1 is valid until 2013. I am planning to leave my job within next few months. After that, we want to visit entire USA for few months before I go back home. Can I change from H-1B(for myself)+ H-4B(for my wife)or B-2 Visitor for both?

You can and should apply for B2 for both.

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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Guestbook Entry for Jayant Shukla, United States

Name: 
Jayant Shukla
State: 
Virginia
Nonimmigrant Visas: 
Country: 
United States
Comment: 
We have used the services of Mr. Rajiv S. Khanna for H-1B Visas for over the 10 years and found him to be reliable and up to date with latest information/regulations. All our cases have been successful and he has knowledgeable and courteous staff.

USCIS Temporarily Suspends the Use of VIBE in the H-2A Program, Offers H-2A Checklist and Q&A

Due to the time-sensitive nature of agricultural work, U.S. Citizenship and Immigration Services (USCIS) expedites all H-2A “temporary or seasonal agricultural worker” petitions. However, some recent H-2A petitions have experienced unexpected delays due to Requests for Evidence (RFEs) resulting from the use of the Validation Instrument for Business Enterprises (VIBE).

Agency: 
Nonimmigrant Visas: 

H-4 Visa and Status Validity

My husband has changed his job and his H1-B is being transferred. I am on H4 visa with valid stamp till 04/30/2012 My questions : 1. Do I have to also apply with him for H4 transfer ? Or should I be able to contd on valid status as my current H4 visa is valid ? 2. If I have to travel out of the country , can I travel with my current H4 visa stamp ? or should I have to re-stamp it with my husband's new I-797 for new company ?

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.

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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DOL Published Federal Register Notice Announces an Amendment to the Appendix B.1 of the ETA Form

The Department has published in the Federal Register a notice announcing an amendment to the Appendix B.1 of the ETA Form 9142, Application for Temporary Employment Certification. The amendment reflects an employer's obligation to pay a prevailing wage determined under the new prevailing wage methodology promulgated by the Wage Methodology for the Temporary Non-agricultural Employment H-2B Program Final Rule, which published in the Federal Register on January 19, 2011, and applies to wages paid for work performed on or after January 1, 2012.

Nonimmigrant Visas: 
Agency: 
Immigration Law : 

Procedure for DOL Notification of Worker Abandonment or Termination for Cause for H-2A Temporary Labor Certifications

The Department has published in the Federal Register a notice outlining procedures for notifying the Department that an H-2A worker certified on an Application for Temporary Employment Certification or a worker in corresponding employment has voluntarily abandoned employment, or was terminated for cause.  Read the text of the notice here.

Agency: 
Nonimmigrant Visas: 

OPT - H4 - H1

I am currently on OPT, expiring on 23 May 11. I am currently working but my current employer is not willing to file for my visa and I am unable to find an employer who can file for H1B. I have following questions: 1) If I am not able to find a company-how much time ahead of my visa expiration I will have to file for H4? 2) How difficult it is for an employer file for H1 from H1 and what is the process? 3) If I have to travel out of country before the OPT expiration-do I need to have another visa approved to re enter before my OPT expiration?

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.

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 Publishes QA on OPT and F-1 Status for Eligible Students under the H-1B Cap-Gap Regulations

Introduction

These Questions & Answers address the automatic extension of F-1 student status in the United States for certain students with pending or approved H-1B petitions (indicating a request for change of status from F-1 to H-1B) for an employment start date of October 1, 2011 under the Fiscal Year (FY) 2012 H-1B cap.

Agency: 
Nonimmigrant Visas: 

Business in the US, on H1B visa

Fact "H1Bs cannot do their own business in US". So checking the legal limit with below scenarios. 1. Can a H1b, while working for H1 employer, work for non US employer using options like work from home or other internet technologies and earn in their local currency without further documentation? 2. Does anything changes if the non US employer has clients in US and the person in above position actually work with those clients under the payroll of non US based organization? 3. Does it cross the legal H1B limit if we assume the H1b person in scenario 1 and 2 is also the owner of non US company and earns in local currency not USD?

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.

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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