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World's largest discussion forum for Immigrant visas, Nonimmmigrant visas including H-1, L-1, K-1, Green Card, US Citizenship and other important visas and visa related issues.
Updated: 3 years 34 weeks ago

OPT STEM to H1B

Jan 9th 2014
Hello all,

I am on OPT STEM extension until feb14, 2014. I got laid off by my current employer on 31st Dec...leaving me only 30 days on my OPT STEM period to stay unemployed that ends Jan 30th. I have not found any other employment yet.
My 60 grace period ends on April 14th, 2014. My F1 visa expires end of July'14.

I am planning to get my H1B filed this April through a consultant. Hoping that my H1 gets approved through them.
So far, I have been told that I can continue residing in the country until my H1 status is pending but I am not authorized to work. I can only start working Oct'14 once my approved H1 gets activated.

My questions are as follows:
1. Can I continue to stay within the country without violating any immigration status laws between 30th Jan-April 14th period and April 1st to Oct 1st in case H1 is filed & employed or H1 filed & not employed?
2. Am I eligible for cap-gap?
3. Can I file for multiple H1s?
4. In the event that my H1 is denied or my application doesn’t get selected in lottery..Do I have to leave the country immediately or do I have any options left?

I would appreciate any help and feedback !!

Thank you!

OPT STEM to H1B

Jan 9th 2014
Hello all,

I am on OPT STEM extension until feb14, 2014. I got laid off by my current employer on 31st Dec...leaving me only 30 days on my OPT STEM period to stay unemployed that ends Jan 30th. I have not found any other employment yet.
My 60 grace period ends on April 14th, 2014. My F1 visa expires end of July'14.

I am planning to get my H1B filed this April through a consultant. Hoping that my H1 gets approved through them.
So far, I have been told that I can continue residing in the country until my H1 status is pending but I am not authorized to work. I can only start working Oct'14 once my approved H1 gets activated.

My questions are as follows:
1. Can I continue to stay within the country without violating any immigration status laws between 30th Jan-April 14th period and April 1st to Oct 1st in case H1 is filed & employed or H1 filed & not employed?
2. Am I eligible for cap-gap?
3. Can I file for multiple H1s?
4. In the event that my H1 is denied or my application doesn’t get selected in lottery..Do I have to leave the country immediately or do I have any options left?

I would appreciate any help and feedback !!

Thank you!

OPT STEM to H1B

Jan 9th 2014
Hello all,

I am on OPT STEM extension until feb14, 2014. I got laid off by my current employer on 31st Dec who were filing for my H1B...leaving me only 30 days on my OPT STEM period to stay unemployed that ends Jan 30th. I have not found any other employment yet.
My 60 grace period ends on April 14th, 2014. My F1 visa expires end of July'14.

I am planning to get my H1B filed this April through a consultant. Hoping that my H1 gets approved through them.
So far, I have been told that I can continue residing in the country until my H1 status is pending but I am not authorized to work. I can only start working Oct'14 once my approved H1 gets activated.

My questions are as follows:
1. Can I continue to stay within the country without violating any immigration status laws between 30th Jan-April 14th period and April 1st to Oct 1st in case H1 is filed & employed or H1 filed & not employed?
2. Am I eligible for cap-gap?
3. Can I file for multiple H1s?
4. In the event that my H1 is denied or my application doesn’t get selected in lottery..Do I have to leave the country immediately or do I have any options left?

I would appreciate any help and feedback !!

Thank you!

H1 to H4 and then to H1

Jan 9th 2014
Hello, My employement with current employer is going to end soon (I am in 4th year of my H1). Serching for new job opportunity takes some time. Meanwhile I want to convert to H4(through my spouse's H1) and then to H1 if I find a new employer.

Question is do I need to wait 3 months to know about status of H4 and then convert to H1? Is there a way for not waiting for 3 months. I heared that there is no premium processing for H4. Please help me with your suggestions.

An approved I-140 -the petitioner or company is acquired- H1B extention is possible

Jan 9th 2014
Hello Sir,

Thanks in advance for your help.

My I-140 was approved for company A in 2010.Before and after that I have been working on h1b but at company B. In 2011 company B obtained an H1b extension for 3 years.
Meanwhile in 2012 company A was sold to company C.
Company C however have not yet obtained new 1-140 via successor in interest.
My H1B is now due for renewal in 2014 and company B like to extend it.Will this extension need company C to obtain successor In Interest first and then only company B can apply for H1b extension or Company B can make an extension petition based on original 2010 I-140 approval for erstwhile company A which does not exist now?
Kindly advise.

Trying to help a friend obtain a work visa - Need Advise

Jan 7th 2014
I am looking into helping a friend obtain a United States Work Visa, but I am naive to the immigration process. I am looking to see if someone can lend me expertise on this subject matter. Here is the situation. I have a good friend in the Philippians who is looking to work in the USA. If she can get a visa, I would be willing to house her for her duration in the United States. She has a 3 year old son, so maybe immigration will see that as a reason for her to return to her native country. If she is able to get a US work visa, her son would stay with her parents in the Philippians. Unfortunately, she doesn't have a college degree. She would be willing to work anything from waiting tables to housekeeping. Given her situation, what's the likelihood of a work visa materializing ?

Canadian looking for H4 visa and TN visa

Jan 6th 2014
Hello,

I am a Canadian citizen marrying an Indian citizen on H1B visa in USA. We plan to live in US after the wedding. I was hoping some one can help me figure out what I need to do in order to get the H4. I have been reading a lot of forums about this and they are all providing me with different solutions. Some say that I can get the H4 at the border or customs at the airport, while others say I have to go to a consulate for an interview. I am really not sure what is required.

Also I wish to work in US and as I understand it I need a TN visa in order to do that. Can I move to US on H4 and then when I find a job transfer it to TN? Or is that not possible? Can anyone shed some light on the process if it is possible?

I'd be really grateful for any information.
Thank you

H1b transfer and cooling period

Jan 6th 2014
Hello All
I am in India right now and have 10-11 months balance(unused) on existing H1B which I need to transfer to a new employer. Also want to complete 365 days cooling period while in India so that would be ready for new H1B next time it opens. My query is whether I can apply for the transfer of existing H1B before completion of 365 days and then enter USA physically when cooling period id complete OR I can apply for transfer/ New H1B only after completion of 365 days outside USA.
Please advice.

Thanks

Can I work with new employer on H1b receipt without resigning my current company?

Dec 31st 2013
I have got confirmation receipt of H1b transfer from USCIS. My question is that is it legal to start working with new employer without resigning from current company? I have vacations left and I was thinking to take vacation and join the new company. When my case will be approved I will resign. Thanks

FILING NEW H1B application from INDIA PLEASE HELP

Dec 26th 2013
im currently living usa , my brother used to live in usa and had to leave for India for personnel reason.
he wants to come back to usa on a h1b again .
so my question is..
are there many companies applying for h1b from india .
are there any consulting companies in USA that would apply for H1B for a person
currently in INDIA.
back in the day lot of companies used to apply h1b for people india ,..
how is it now a days.. just want to know how things have changed with respect to
new h1b applications.

H1 visa in case of civil suit case

Dec 23rd 2013
Hi,

I am eagerly looking for solution. I left my old company and joined new company because of various issues i was facing during my last job. My last employer filled civil suit for lPR issues and leaking company information. I know i am innocent and will win the case but still worried about by H1 visa.

What if i do of the court settlement with my last employer and my employer agrees to take case back ?
What if i win the case ?
What if i lose the cse?

this is not a criminal offence but till don't know the impact of the same on H1 visa.

Thanks in advance
Ritu

Suggestions please. EVC Model, H1B Restamping

Dec 21st 2013
Here is my situation

Last H1b Stamping done with previous employer.
GC in process through new employer, I 140 approved.
Currently working in E-V-C model. Have client letter and related docs

I am planning to go for visa stamping in India. What are the chances of visa approval in E-V-C Model.
Should I prefer going to Canada over India for stamping?

Please advise. Any comment/feedback is highly appreciated.

ex employer is requesting H1B visa fees back, filed small courts claim and intimidates me

Dec 15th 2013
I worked for a start-up company A 5 years ago on H1B visa, at will full time contract as filed with DOL. I left after 3 months for a number of reasons, including company A requiring to sign another contract after I joined that would include a long non compete clause that I was not aware of before hand.

I recently started working for a company B at a senior level that somehow got attention of my ex-supervisor from company A (that has done well over years). I got a demand letter from their lawyer asking me to pay back H1B fees and interest for 5 years as I "defrauded them 5 years" ago, and shortly after they filed a claim in NY claims court (I tried to negotiate and pay some small amount to settle, they refused and wanted it all). In addition, lawyer from company A called corporate lawyer from my current employer using my mistake of replying to him from corporate email (I was trying to reason that by law H1B fees are to be paid by employers). And in addition, I got a rather intimidating and somewhat harassing (but well legally drafted to hide that) letter from company A boss.

Company A is known to pursue litigation in its normal course of business all the time, I feel that head of company A is personally trying to bully me into paying and has plenty of financials and legal resources to just make his point before stature of limitations runs out (6 years). In the latest email from company A they said that they will argue that I defrauded them into applying for H1B visa while I had pre-conceived pland to leave for another job 3 months after as "they wasted time and money on H1B visa passing on qualified US applicants".

What should I do if I feel that they are trying to intimidate me (especially after calling my current employer) and that they have no case/clause to be asking me to pay anything with respect to H1B visa fees. I have all contracts and written evidence that upon me leading they had no issue with my job performance thus can not ask for liquidation damages. Do I need to go to small claims court or can I contact any government agencies to help with me either fees claims or intimidation so what they stop going after me?

Also, what happens to my records if I go to small claims court and lose - does it impact my credit history and future background checks?

Thanks

Lay off 7th year h-1(140 approved with company A)-company B and company C

Dec 14th 2013
Currently I got laid off with company A with approved Labor and I-140 from company A and I am in the 7th year of H-1 with H-1 approval until 2016

company B has offered me a full time job with H-1B Transfer but not sure on immediate GC Filing as there terms and conditions are to file GC after 1 year.

In the future company B terminates my Job before 1 year due to project completion and company A Cancels my I-140 in meanwhile would I still be able to transfer H-1 to company C after 1 year and then port the 1-140 from Company A.

Can you provide best advice so that I can choose between company B and Company C now .

I-9 employment start date and Port of Entry date.

Dec 10th 2013
Hi,

I entered United States recently but my offer letter is having my date of employment starting 1 month from the date I entered United States. While filling the I-9 form I should be entering the Date of Employment as the actual employment start date which is present in my offer letter. Would that in any way cause a problem in future for extension of H1B visa or applying for green card because there is a 1 month gap in between the Port of Entry date and the I-9 employment Start date?

Example -

Port of Entry - August 24th
Offer Letter employment start date - Sept 23rd
I-9 employment date - Sept 23rd.

Would the 1 month period of stay between August 24th and Sept 23rd be valid or will I be asked questions on what I was doing without employment and with a H1 status in the US?

Please provide inputs.

Thanks,

Changing employers on H1B

Dec 8th 2013
Hi,

Can one change employers on an H1B particularly in the state of California? What are the consequences if this is done?

I am asking this because there is a generic clause in the offer letter that says one can't join an "existing or potential" client of the company.

There is a lot of info out there so just wanted to get your opinion. Also, what would be the best way to go about it?

(To summarise, Working with Employer A, Employer B willing to offer better opportunity but is a client of Employer A)

Thanks//Richa

Tax policy - Bit coin mining

Dec 2nd 2013
Hi,
You might have heard about bitcoin currency and bitcoin mining, i'm on h1b visa. Planning to participate in bitcoin mining

little background about bitcoin, it is a virtual currency, values of it chnges as the number of users/miners grow. More like a onlin currency with no central government. The bitcoins are generated if the users perform somekind of hash value, and the users who perform this hash will be rewarded accordingly, these users are called bitcoin miners. the currency is virtual, but I can convert this currency into US$ or any other currency.

My question now is, can a H1b Candidate be a bitcoin miner? if so do i have to report taxes? Can you also please let us know if there is anything that i have to report to the govt?

something about this is posted here : https://en.bitcoin.it/wiki/Tax_compliance

H1B Visa Stamping after DISMISSED Domestic Violence arrest record

Nov 30th 2013
Hi,
I live in San Jose,CA.I'm on H1 B and got arrested on DV 273.5(A) the night(nov,2013)got bailed the next day.I had an Attorney and he got the case dismissed by the DA even before the first court date.I have approved H1 B renewal. I'm going to India in Jan,2014 and get my H1B visa STAMPED.
As im with same employer and applying for same type of visa i will be eligible for the interview waiver program(only fingerprints and docs)
What documents related to the case do i need to carry as the case is already dismissed.
& what is the impact of this 1 night arrest on my H1visa & GC(approved I-140)?
As thr is NO conviction/trail/anything happened will i get visa without any issue?
Any issue during the POE?
Will this arrest appear in background check?For how long?How can i remove it?
Plz help.

Thank in Advance!!

H1 to GC

Nov 20th 2013
hi my husband was on h1 and processing GC ,with his SSN i was entered in some online work from home work like amazon is there any problem while processing GC ? he was now at 140 completed is there having problem what should we do to resolve problem i am in tension please let me know

h1b US visa interview

Nov 20th 2013
Hi,
I have an h1b interview next month. I am not planning to go to US for at least next 3 years.
Is there any problem in going to US after three years?
Can i use the same h1b visa after three years or do i need to file a new petition after three years? If I use the same petition after three years, how long I can stay there?
Is it recommendable to go for the interview next month? Or will it jeopardize the chance of going after three years?
Thanks,
Ramesh
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