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H-1 Visa Professionals

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The H-1B 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:

• theoretical and practical application of a body of highly specialized knowledge; and
• attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.

The H-1B classification is available, for a period not to exceed a total of six years, to a foreign worker:

  • Who will be the incumbent in a temporary position. ("Temporary" is defined as that which is not permanent; or, that which is for a definite term as opposed to an indefinite term);
  • Who will perform services in a specialty occupation. (Most professional jobs are classified as "specialty occupations"); and,
  • On whose behalf the employer obtained an approved Labor Condition Application LCA. (A Labor Condition Application serves, amongst other things, to ensure that the employer is not paying less than prevailing wages).

Please note, the workers in this category may apply for permanent residency and do not need to maintain a foreign residence during their period of stay in the United States.

Availability of H-1B Numbers

The annual H-1B cap is set at 65,000. The overall H-1B numbers are reduced by the U.S.-Chile and U.S.-Singapore Free Trade Agreements (FTAs), which set aside 6,800 H-1B numbers for workers from those two countries each fiscal year. Some unused FTA visas from a prior fiscal year may be recaptured and made available in the first six weeks of the following fiscal year.
In 2004 legislators created an exemption from the cap for 20,000 advanced degree graduates of U.S. universities. The USCIS will exempt the first 20,000 petitions for H-1B workers who have a master's degree or higher from a U.S. institution of higher learning. After those 20,000 slots are filled, the USCIS will apply petitions for H-1B workers with a master's degree or higher against the annual cap of 65,000.

H-1B Filing Procedure

Step One

Obtaining Prevailing Wage Determination
You must obtain a prevailing wage determination from an acceptable wage survey source or the local employment office that has jurisdiction over your geographical area of employment.  After obtaining the prevailing wage for the offered position you must file an online LCA with Department of Labor.

Applying to the U.S. Department of Labor
An LCA is an application to the U.S. Department of Labor ("DOL"), whereby an employer assures the DOL that hiring a foreign worker would not be detrimental to similarly situated U.S. workers.  If certified, the LCA will then be submitted to U.S. Citizenship and Immigration Services along with the petition for H-1B classification.

Step Two

Filing with the U.S. Citizenship and Immigration Services ("USCIS")
Filing with the USCIS entails submitting proof of your qualifications and proof that the offered job conforms to the criteria set in place.  Additionally, you must submit certain forms describing the job and providing certain basic information about the foreign worker and the employer. Below, please find a list of forms and documents that must be included in the petition:
1.    Signed and completed Form I-907 (if case filed under premium processing);
2.    Signed and completed Form G-28;
3.    Signed and completed Forms I-129, Supplement H, and I-129 H-1B Data Collection Supplement;
4.    Signed and certified Labor Condition Application;
5.    Copy of foreign worker’s latest I-94;<br />6.    If foreign worker on F-1 status, copy of I-20 and evidence of employment authorization, if applicable;
7.    If foreign worker on H or L status, copies of current and all prior H/L approval notices and current evidence of earnings (such as latest 3 pay stubs), if applicable;  
8.    If foreign worker on J-1 status, copies of IAP-66 and evidence of J-1 waiver or request for waiver;
9.    Letter from the employer in support of the H-1 petition; and
10.  Evidence of foreign worker’s qualifications (such as education evaluation, degree certificates, transcripts, experience letters and resume).

This is the last step in the H-1B classification process.  On certain occasions USCIS may require further documentation to prove various elements of H-1B classification.

Employer’s Requirements

Maintaining Documentation

The LCA process requires that an employer maintain, in its office, a file containing documentation of various assertions that the employer will be making in the LCA application.  For example, the prevailing wage determination that was obtained from an acceptable wage survey source or the local employment office must be kept in this file.  Please note, you are not required to submit this documentation to the DOL, only to maintain it.  The employer's failure to comply with these procedures could lead to, among other things, money penalties and a ban on the employer’s ability to hire other H-1B workers.  

Complaints alleging misrepresentation of material facts in the LCA and/or failure to comply with terms of the LCA may be filed using the WH-4 Form with any office of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor. A list of Wage and Hour Division offices can be obtained at http://www.dol.gov.esa.

Compliance with I-9 Requirements

USCIS outlines how employers who hire H-1B aliens using the portability provisions comply with their I-9 requirements.  Current regulations at 8 C.F.R. 274A.12(b)(20) authorize employment with the existing employer after a request for extension of H-1B status is filed.  The alien in this case is employment-authorized, but the I-9 form contains no provision for this authorization.  Employers should follow the documentation procedures they currently use for an extension of this sort.  Typically, this could involve attaching a copy of the receipt notice for the filed petition along with a copy of the alien's I-94 to the I-9 kept on file.

Posting LCA at Client Site

If a job is not unionized, the employer must post two copies of "Notice of Filing of LCA” at each of the premises where the foreign employee will work.  Please note:

-    The notices must be posted no more than 30 days before the LCA is filed.
-    The Notices are required to be posted in two conspicuous places (such as company notice boards)
-    The Notices are further required to remain posted, and unobstructed for no less than 10 business days.

Benching Not Permitted

Please note that the employer will be required to pay the foreign worker the required wage for time in nonproductive status (bench time), unless the foreign worker requests time off for personal reasons.

LCA Attestations

The LCA contains several attestations that an employer is required by law to make before the DOL may certify the LCA. Those attestations are:

•    The employer will pay the required wage rate to the H-1B workers employed pursuant to the LCA.

The required wage rate must be the greater of:

—    the actual wage level paid by the employer to all other employees at the job site "with similar experience and qualifications for the specific employment in question," or
—    the prevailing wage level for the occupation in the area of intended employment.

•    The employer will offer the same benefits package on the same basis to similarly employed U.S. workers and H-1B workers. Eligibility and participation criteria must be the same for all workers. H-1B workers cannot be denied benefits because they are "temporary employees."

•   The employment of H-1B workers will not adversely affect the working conditions of workers similarly employed in the area of intended employment.  

•    At the time of filing the LCA, there is no strike, lockout, or work stoppage in the course of a labor dispute in the occupational classification at the place of employment. If a strike or lockout occurs after the LCA is submitted, the employer will notify the DOL within three days of its occurrence and the LCA will not be used in support of H-1B petitions filed with the USCIS until the DOL determines that the strike or lockout has ceased.

•    A copy of the LCA has been, or will be, provided to each H-1B worker employed pursuant to the LCA, and the employer has also provided notice of the filing of the LCA to the bargaining representative of the employer's employees in the occupational classification, or if there is no bargaining representative, the employer has physically posted notice of the filing of the LCA on the employer's premises.

However, please note, employers are permitted to pay discretionary bonuses to particular employees based on performance, technological skill, billable rate brought in, etc.

Placement of H-1 Workers at Sites Other Than Those Listed on the Original LCA

If the H-1B worker is placed at additional locations outside of one of the areas of intended employment listed on the original LCA, the general rule is that the employer must file a new LCA covering those new locations. The operative fact is whether the area of employment was listed on the original LCA, not whether an LCA has already been certified by that DOL region. The LCA rules require that the employer obtain a new prevailing wage determination for each new location and that a notice of the LCA filing be posted at each new location. The following exceptions to the general rule were established in December 2000: (1) travel for development activities, (2) travel to "non-worksite" locations, and (3) travel involving short-term work assignments.  The detailed provisions governing the movement of H-1B personnel are discussed in below:

Additional Work Sites after the LCA is Certified 

Worksite Within Areas Already Approved Requires New Posting Only

If the H-1B worker is placed at additional locations within one of the areas of intended employment listed on the original LCA, the only additional step that the employer must take is to post notice of the LCA at each new location on or before the day the H-1B worker begins work at that location. This rule applies to trips of even one day to another work location within a listed area of employment.

Worksites Beyond Approved Areas Requires New LCA and H-1 Amendment

If the H-1B worker is placed at additional locations outside of one of the areas of intended employment listed on the original LCA, the general rule is that the employer must file a new LCA covering those new locations. The CIS also takes the view that an amended petition must be filed and approved whenever a new LCA is required.

Exceptions When a New LCA or H-1 Amendment Is Not Required

Some exceptions to the DOL general rule exist covering: (1) travel for development activities, (2) travel to "non-worksite" locations, and (3) travel involving short-term work assignments.

Exception - Developmental Activities

Travel related to employee developmental activities includes travel to attend management conferences, staff seminars, and formal training conferences (this exception does not apply if the H-1B employee is an instructor or resource who regularly performs such duties at specified locations).

Exception - Travel to Non-Worksite Locations

Travel to "non-worksite" locations includes travel that: (1) is part of the H-1B employee's job functions, i.e., the employee's work requires travel from location to location (referred to in the regulation as a "peripatetic worker"), or (2) is part of the worker's duties which require that the employee generally be at one location, but occasionally travel to other locations.  The travel cannot exceed five consecutive workdays for a peripatetic worker, or ten consecutive workdays for any visit by a worker that spends most work time at one location and travels occasionally to other locations.

Examples of Travel to Non-Worksite Locations

-  a computer engineer traveling to customer locations to troubleshoot complaints regarding software malfunctions

-  a sales representative calling on prospective customers or established customers within a home office sales territory

-  a manager monitoring the performance of out-stationed employees

-  an auditor providing advice or conducting reviews at customer facilities

-  a physical therapist providing services to patients in their homes within an area of employment

-  an individual making a court appearance

-  an individual lunching with a customer representative at a restaurant

-  an individual conducting research at a library

Examples of Situations Not Covered by this Exception

-  a computer engineer who works on projects or accounts at different locations for weeks or months at a time

-  a sales representative assigned on a continuing basis in an area away from his/her home office

-  an auditor who works for extended periods at the customer's offices

-  a physical therapist who fills in for full-time employees of health care facilities for extended periods

-  a physical therapist who works for a contractor whose business is to provide staffing on an as-needed basis at hospitals, nursing homes, or clinics.

Exception - Short Term Placements

Finally, the DOL rules provide that an employer may make a "short-term"' placement or assignment of an individual H-1B worker at any worksite or combination of worksites in a non-LCA area for a total of 30 workdays in a one-year period.  The placement may be expanded by an additional 30 workdays (60 workdays in a one-year period) if the employer is able to show that the worker maintains a workstation at the home office, spends a substantial amount of time at the home office, and maintains a "place of abode" in the area of the home office. Either the calendar year or the employer's fiscal year may be used.  Note that the 30/60 day limitation does not set an outer limit on the amount of time that the employee can be away from the home worksite; it is a limit on the number of days that the worker can enter a specific area of employment for work purposes in a one-year period, and a separate 30/60 day limit applies to each different specific area of employment. Once an H-1B worker exceeds the workday limitation in a one-year period, the employer would not be permitted to continue the placement of that worker or any other H-1B worker in the same occupation in that area of employment, until one year from the beginning of the next one-year period or until an LCA is in place.

To clarify, a worker who is home-sited in New York can go to Philadelphia for 30 days and also go to Minneapolis for 30 days without an LCA being on file to cover his/her occupation in either area.  On the other hand, the same worker cannot go to St. Paul to work after she has been in Minneapolis for thirty days, because St. Paul is in the same area of employment (usually, anyplace within an area of normal commuting distance). An LCA would have to be filed to cover the Minneapolis-St. Paul area before any worker in the same occupation could return to work in that area.   As just illustrated, once an H-1B worker exceeds the workday limitation in a one-year period, the employer would not be permitted to continue the placement of that worker or any other H-1B worker in the same occupation in that area of employment, until one year from the beginning of the next one-year period or until an LCA is in place.

Keep in mind that the DOL will allow an employer to transfer an employee to a new location outside the area of employment listed on the original LCA if the employer already has an LCA approved in the new area of intended employment for other H-1B workers employed in the same position. The DOL will follow this policy even if all slots listed in of the LCA covering the new location have been used for employment of other H-1B workers. In the latter cases, however, the employer will need to file an LCA after the transfer to rectify the "overcrowding" situation. Presumably, the employer will also need to file an amended petition with the USCIS (because a new LCA is being filed).  The short-term placement exception cannot be used in an area in which the employer has a valid LCA on file for that occupation.  As a result, the employer will need to use a slot available in the LCA for that area of employment and, if all slots have already been used, the employer will need to file an additional LCA to rectify the "overcrowding" problem.

Also, remember that the employer must reimburse the employee for all costs related to business travel since such expenses are considered part of the employer's business expenses.

Dismissal Requirementsh3>

Lastly, under the regulations, if an employer were to dismiss the foreign worker during H-1B classification status, the employer could be liable to pay the return fare to the foreign worker’s last place of foreign residence.  Please note that this liability continues only during the H-1B status.  Change of status to permanent residence or any other status, absolves the employer of this liability.

H-1B Extensions

The maximum period of validity of the initial H-1B petition is three years and it often becomes necessary to obtain extensions of stay. Extensions of stay for up to three additional years can be obtained. To obtain an extension of stay, the employer or its representative must submit an application to the USCIS on forms I-129, H Supplement and I-129 H-1B Data Collection Supplement, the same forms used for the initial H-1B petition. Please note that supporting documentation must be resubmitted because USCIS will not go back and retrieve information/documentation from the initial H-1B petition.

Extensions Beyond the Six-Year Maximum Period of H-1B Stay are Possible in Limited Circumstances

The regulations allow an extension beyond the six-year limit. One-year extensions are permitted if a labor certification application has been filed and is pending for at least 365 days; and three-year extensions are permitted if an I-140 has been approved on behalf of the beneficiary. Extensions are permitted until a decision is made on the immigrant visa application or petition.

H-1B Transfers

When an H-1B foreign worker would like to change employers and continue to maintain his or her current H-1B status, an I-129 petition must be submitted to USCIS by the new employer or its representative. The forms in this case will be treated as a new petition, and will require the appropriate filing fees. Please note that when the H-1B foreign worker changes H-1B employers, no action is required on behalf of H-4 family members because the H-4 dependent continues to remain in a valid nonimmigrant status. H-4 nonimmigrant classification is not employer-specific, family members remain in valid status even if the H-1B foreign worker changes employer.

Visa Renewals

An H-1B foreign worker's visa is normally issued for the period of validity of the approved H-1B petition. In some instances, the visa may be issued for a shorter period of time. In either case, the H-1B foreign worker is likely to need a renewal of his or her visa if he or she will remain in the U.S. up to the six-year maximum period of eligible stay. If the H-1B foreign worker never leaves the U.S. during the six-year period, a new visa is not required. However, if the foreign worker needs to travel abroad after expiration of his or her original H-1B visa, a new visa must be obtained in order for the H-1B foreign worker to reenter the U.S.

The process for obtaining renewal of a nonimmigrant visa is no different than the procedure for initial visa issuance. The foreign worker can go to the U.S. consulate (preferably the one that issued the original visa) and present documentation. While it is preferable that the foreign worker return to the consular post which issued the original visa to reapply for a new visa, he or she may also apply for a new visa at a U.S. consulate in a third country, such as Canada or Mexico, provided that the foreign worker is able to obtain a visa to enter the third country. Note that visa issuance may take as long as six to eight weeks; most cases will be processed to completion in less time, but in some instances, security clearances may take longer than the stated eight-week period.

Please note, the State Department stopped accepting applications for domestic visa revalidation on July 17, 2004. The domestic revalidation program was suspended because of increased interview requirements for nonimmigrants, as well as the requirement that visas issued after October 26, 2004, contain biometric identifiers (fingerprints and facial scans).

H-4 Classification

Family members of the H-1B foreign worker are admitted to the United States in the H-4 category. Qualifying family members include only the spouse and unmarried children under 21 years old. H-4 dependents are admitted for the same period of time for which the H-1B foreign worker is admitted. H-4 dependents may alternatively be admitted in other nonimmigrant categories for which they qualify. H-4 dependents may undertake studies while remaining in the H-4 category, however, they may not engage in any form of employment.
 

Premium Processing

For H-1B cases filed under premium processing, USCIS will issue an approval notice, notice of intent to deny, request for evidence, or notice of investigation for fraud or misrepresentation within 15 calendar days. It is expected that in the event there is a request for evidence, notice of intent to deny, or notice of investigation, the Service will have an additional 15 days to adjudicate the case once the requested information or response is received. Premium processing begins the day USCIS physically receives the petition or application and ends the day that Service "issues and serves on the petitioner or applicant" a notice or request. If an application or petition is not eligible for premium processing, the fee will be refunded and the case will be processed under regular circumstances.

H-1B for Nurses

Click here for more information aboutt H-1B for nurses.

OPT to H1B

Hello rajiv ji,
I have a B.Sc in Food Nutrition from India, and have done a certificate course from UCI in applications programming. I am currently on my OPT and would have a one year experience by the time my H1 would start. The company I am employed with at this moment are willing to sponsor my H1 provided i meet the education and other criteria. My job profile in the company would be of a software engineer in Test. Please advise what is the required education and work experience criteria for my situation.
Thanks,
Nilesh Khanna.

OPT to H1B

Looks like a long shot, Nilesh ji. What is UCI?

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

OPT to H-1B

UCI is university of california,Irvine. So what do u suggest are my options at this stage,sir?

OPT to H-1B

Get your experience and education evaluated.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

Grace Period/ Using Tourist Visa after quitting job

Hi! I'm here on an H1B and am looking at quitting my job very soon to leave the country. I am aware there is no grace period for quitting on an H1B and I don't have a choice but to work till the last day. I do however have a tourist visa that is valid until 2016. Can I quit my job earlier and still stay a week on the account of the tourist visa to pack up and leave; or would the tourist visa have to be activated only be re-entering?

Grace Period/ Using Tourist Visa after quitting job

It has to be "activated." Note that under the circumstances reentry and hence "reactivation" is likely to be difficult.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

i -94 overstay on h1b

Hello Sir ,

I need advise regarding i 94 overstay ..
I got my h1b stamped in chennai consulate this march 2013...When i entered US in march 2013 , my passport expiration date was october 2015 ,so my i 94 was stamped as october 15 ,2013 rather than for march 2016 as per my visa,I applied for a new passport 2 months back and received it a week back.I din't notice my i 94 date till 2 days back.I know that my stay since october 15 will be considered illegal.What is a better option for me?
1)To go to USCIS nad take a deferred appointment?
2)To go to canada/mexico and reenter US?
Thank You.

i -94 overstay on h1b

I think there is some error in the facts. Generally speaking, if you have been out of status/unlawfully present for less than 180 days, you should apply for a new H-1 visa and then reenter the USA. But you MUST speak with your lawyers and get a detailed consultation.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

H1B extension question

H1B extension question- My H1B visa will expire next year and company will apply for extension. Till now my salary was lower than what they showed on H1B, though pay stubs of last 3 months will show same salary, W2s have around $7K less salary than what is on H1B paper. Do you think this can effect my H1B extension?

H1B extension question

Sorry, that sounds like fraud. Do not be a party to this.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

H-1 Transfer

Am employee of company A in India and my H1 visa got stamped in 2013 on my passport with my current company A (India).

Currently am in India and still have not gone to US yet.

I wanted to Get my H1 transferred to any other company B.

1) do I need to visit again to the chennai US embassy office for a new visa stamping on my passport for a employer B?

2) if not then what's the procedure....

Plz guide me....thanks

H-1 Transfer

Raj, consulates have indicated that in such cases they want you to reapply for visa.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

Wages on LCA & Actual Payment

Dear Rajiv Khanna,
If an employee is on H1B and is being paid regularly on monthly basis,Can an employer pay more than the wages mentioned on the LCA?
Lets say if the wages on LCA is shown as $120,000/Year(just to make math simple),Can I get paid more than that?If yes, then how much is too much? Any answer/advise is really appreciated.
Thanks!

Wages on LCA & Actual Payment

There is no upper limit on how much more you can be paid. Your employer should discusses with their lawyers the ramifications for the employer of paying you more.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

Currently on OPT, planning to apply for H-1

Hello Rajiv sir
I recently completed my masters and i'm on OPT<
I am planning to apply for H1 next year under masters quota
few of my friends applied for H1 this year some of them got rejected and some of them got approved because the university is an profit oriented and it's students are not eligible for applying through this quota
what are my options to apply through masters quota

Currently on OPT, planning to apply for H-1

You can safely apply under the Master's degree quota only if the university qualifies per USCIS definition.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

Currently on OPT, planning to apply for H-1

You can safely apply under the Master's degree quota only if the university qualifies per USCIS definition.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

H1B visa stamped and change in Employer

Hi, I am from India, I have H1B visa valid till Oct 2014 filed by my Employer, but I never get the chance to visit US. If I get the offer/invite letter from any other US based company, Can I directly travel to US with existing Visa and approval notice + new offer/invite letter, please let me know if any other document required or I need to get transfered my visa to new employer. please suggest.

H1B visa stamped and change in Employer

Under the law, you could travel directly, but consulates have been indicating they do not accept that. They want you to reapply for a visa.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

Getting laid off, how much time on legal H1B status after that

Hi,

A friend of mine is getting laid off from his company. He is currently on H1B and his last date of employment is Nov 2nd. He has a valid H1B stamp on his passport.

1. How long does after November second before his legal H1B status expires?
2. After getting laid off and before his H1B expires, can he still travel outside of USA and re enter?

Thanks!!

Getting laid off, how much time on legal H1B status after that

I have several blog entries on this topic. Please review.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

H-1 Stamping

This is for a friend of mine. He is going for Stamping in Dec 13 and his passport is valid until May 13. Should he obtain a new passport before going for H1 or Can he go for Stamping with the Current Passport

H-1 Stamping

Check with the consulate Sundar. They do respond to emails.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

OPT to H1B

I am currently on my Post-completion OPT. I was recently hired as an IT by a company which agreed to sponsor my H1B.
My OPT expires on January 2013. I've done my Associate Degree in Computer Science. Also, I have BS in Computer Science but from foreign country.7yr experience in IT.I had my BS evaluated recently. It is equivalent to US Bachelors Degree in Computer Science Computer Technology.
Q1: I will have a gap of 3 months before April 1.How to maintain my status?
Q2: I am under STEM not with my US AAS but with my foreign BS degree. Can I extend my OPT with my evaluated diploma?or how else

OPT to H1B

1. You can consider going back to school or B-1/B-2 status. There is information on our blog on B-1/B-2 to maintain status.
2. STEM OPT extension is only for US bachelor's or above. Foreign degree does not help in that.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

365 rule for H-1B extention from F-1

Hello
6 years H1B ended Sep 30 last year (2012). PERM was filed (Aug 27 2012) just to get in queue.

Did COS to F1 Visa back then & joined school . But then since my PERM got a RFE i left school in middle & went back to India on Dec 10th 2012

Current situation :
My PERM is still pending (audit) but since its past the 365 (Aug27,2012 - Aug27,2013) can i file a 1 year H1B extension now
Or
Do i have to wait till Dec 11 2013 (That's when my 365 OUT OF COUNTRY complete)
Or
Me having gotten on to an F1 Visa killed everything since i no longer on h1b.

Please any advise - Thanks, Nishant

365 rule for H-1B extention from F-1

File now, Nishant. Premium it.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

COS to F-1

Thanks Sir ,

So you mean me doing a COS to F1 after 6 years of H1B expiration back then (albeit for 3 months only) shouldn't have any effect on my H1/PERM 365 pending counter ?

Please advise

Appreciate your help

Thanks
Nishant

COS to F-1

Correct, Nishant ji. No effect.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

Working from home on H-1B

Hello Rajiv,

Is working from home allowed on H1b? If yes, should we do H1 amendment for this as well?

Working from home on H-1B

Yes, and yes. I have recorded a similar answer in the community conference call today. That should be up and available by tomorrow.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

H1B - Reset cycle

Hello Mr.Rajiv,
I was in US for 2.5 years on H1B, I took a break of about 1.5 years and went back to India. I came back to US, worked for my employer for 2 years, and then joined a US company. While doing the visa transfer, my new employer made use of the clause that I was out of US for more than 1 year, because of which my H1B cycle got reset. As a result of this I have got 2 additional years (beyond the regular 6 years) to stay and work in US. I am going to India on a vacation in the next 2 months, and I would have to get my visa stamped. Will my scenario create any issues during stamping?

Revoke old H1B

Hi Rajivji,

I am currently on L1B (Blanket) in US, which has expired. My I-94 is valid until mid of 2014, so I am still able to work here. I am thinking of my options of working in US beyond 2014.

I was in US earlier on H1B, I stayed only for 1.5 years and went back to India. My H1B expired, and then my employer filed for L1B (Blanket), and I was back to US.

I have heard that if we have not fully used the 6 years of H1B, then it can be reused. Is this true? Will I be subject to the lottery system. Can you please provide info on how to revoke my H1B (if possible)? Thanks!

Regards,
Linu

H-1 Visa

I have the same case as yours, used H1 visa in total for 1.5 years.
I have heard that if we have not fully used the 6 years of H1B, then it can be reused. Is this true? Will I be subject to the lottery system.

Regards,
Gaurav Kumar
gaurav [dot] kumr [at] gmail [dot] com

Revoke old H1B

Linu ji, there are too many things I do not know about your case. If you are not in a hurry, join the next free community conference call for a conversation.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

I-140 Denied Urgent Question

Hi Rajiv Sir,

I have applied for green card petition under EB2 category in which my labor got approved in JAN 2012 , Then applied for I-140 under premium processing it got denied in Jan 2013.Now i have only 16 months period left on my H1B.
Deniel letter information: it's due to "ABILITY TO PAY"

Can you please suggest me on this and let me know what to do???
and
What is the labor validity to apply again for I-140.

Thanks
Samir Patel

I-140 Denied Urgent Question

Samir ji, ability to pay wages can be a complicated issue. It is impossible to comment about specifics. You CAN reapply the I-140 with a copy of old labor cert.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

I-140 Denial Reply

In my case applied labor application in 2012 was approved in 2012 by labor department. I got that denial letter stating ability to pay. As you said I can still file a new I-140 on based of that approved labor application but if company made loss of $9M in fiscal year 2012. Will it be still advisable?

I-140 Denial Reply

Too many variables. Your lawyers need to assess the "totality of circumstances," especially if you are with the region of 7th Circuit of federal courts.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

H4 to H1

HI Mr. Rajiv

My Husband & I work for same company (leading IT). My husband(with H1B visa) is already in US and my H1B is under process, hoping to get it stamped latest by October13.

I plan to quit my current job after stamping is over(may be in Oct13) and join my husband on dependent visa (H4).

1) When I apply for H4, my H1B will be valid or my company will cancel my H1B?
2) Assuming H1B still remains valid after my H4, can I apply for CoS to H1 later & search for jobs while on H4?
3) How long does it take for CoS from H4 to H1?

Thanks.

H4 to H1

1. H-1 cancellation (revocation) is not automatic, but the company would have to be extremely ill-informed not to revoke the H-1. They must.
2. You can revert back to H-1 from H-4. You will not be subject to quota.
3. The same time as a new H-1. Apply premium if in a hurry.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

H1B Max-out / Extension

Hello! My husband's H1B maxes out this month-end but he's been waiting for an extension he filed April 8th (based on time spent outside). We're cutting really close and we're not sure what to do in case we find out too close that it got rejected. The USCIS status still reflects "initial review", it's been about 3.5 months in processing now. What if we still don't hear after his visa expiry date? Our company says that he is eligible to stay till he hears the decision, even if the i94 has expired - is this true? Our company has given us wrong counsel in the past, so I want to make sure its safe.

H1B Max-out / Extension

In most timely filed H-1 extension cases, there is a grace period of upto 240 days to stay and continue to work. Check with your lawyers how that helps you.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

H1 Transfer and stamping

Hi Rajiv Sir,

I have stamped visa from Company A and i entered into USA from that company itself. Now my visa has been transferred to Company B. I am going back to India to bring my family. Will i have to go for stamping again? Will it make any difference at POE if Company A revoked/cancelled my H1B? Please suggest what to do?

Thanks and regards,
Rajeev

H1 Transfer and stamping

If you came in and actually worked for company A for a while, and you have never been out of status, you should not require a new visa stamp. This would be true even if employer A revokes your H-1.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

H1B and L2 visa

Hi Rajiv,

My H1B visa has been filed and my name was there in Lottery so hopefully my visa stamping will be done in October or November. I got married last month and my husband in US on L1 visa. I want to apply for L2 visa(Dependent visa). Now my questions is that if i go for L2 visa, would there be any impact on my H1B application?
I want to travel on L2 visa now and after 6 months i will come back from US for H1B stamping and would travel back to US on H1B visa. Is it possible?

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