This nonimmigrant classification applies to people who wish to perform services in a specialty occupation, services of exceptional merit and ability relating to a Department of Defense (DOD) cooperative research and development project, or services as a fashion model of distinguished merit or ability.
The USCIS website has detailed information on Eligibility Criteria, H-1B Electronic Registration, Petition Filing Process, Labor Condition Application, Period of Stay, H-1B Cap, Family of H-1B Visa Holders, Settlement Agreement in H-1B Market Research Analyst Class Action Litigation and Filing Instructions.
To acquire H-1B services from Our Firm please set up a consultation by using the Contact Us Form or visit our H Visa Services and Fee section
H-1B Sample Cases from our files
Success in requesting a National Interest Exception for a client with a valid H-1 visa
In this case we assisted a client whose employee, with a valid H-1 visa stamped in this passport, traveled outside the U.S. and was unable to return due to the COVID 19 travel restrictions. We prepared a comprehensive letter with details about the petitioning employer, the specific project that the employee would be assigned to, and the urgency of the employee’s presence in the U.S., to the consulate requesting consideration under the National Interest Exception (NIE) for business travel to the U.S. for vital support of the U.S. healthcare and public health sector, a critical infrastructure sector. We followed up with the consulate and the visa was approved.
Status: We followed up with the consulate and the visa was approved.
For more sample cases visit this page: Sample Cases
Related Links from the USCIS
- H-1B Cap Season
- Employment Authorization for Certain H-4 Dependent Spouses
- Fee Increase for Certain H-1B and L-1 Petitions (Public Law 114-113)
- Combating Fraud and Abuse in the H-1B Visa Program
- H-1B Electronic Registration Process
- Questions about Same or Similar Occupational Classifications Under the American Competitiveness in the Twenty-first Century Act of 2000 (AC21)
- Frequently Asked Questions about Part 6 of Form I-129, Petition for a Nonimmigrant Worker
Comments
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
You need a consultation
This will require some discussion. Please contact your lawyers, or set up a consultation with us: https://www.immigration.com/our-fees
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Time frame getting GC with new H-1B employer after I-140 porting
The new employer has to start the green card all over again from PERM. Your priority date remains the same from what I can tell, but the process of a new approval all the way to I-140 could take one to two years
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
SSN application rejected for H1B visa
SSN application rejected for H1B visa Hi, I have applied my SSN for the third time, almost a month back and still no news. They are saying my documents are still under DHS verification.
03-01-2022 : Entered US on H1b visa 03-08-2022 : Applied for SSN but got rejected as my H1b visa was expiring on March 22nd.(i94 expiry also 03-22-2022)
Extended my H1b visa and got the 797A form which has an updated i94, till March 2025
04-08-2022 : Applied for SSN again 04-19-2022 : When i called to ask the status they said they are missing Visa copy and i visit the SSA office and submitted again. 05-05-2022: Called SSA again for status and they are saying the i94 verification is still pending with DHS. 05-07-2022 : Recieved a notice from SSA declining my SSN application. Reason stated is "DHS is unable to verify the immigration document you submitted as evidence of your lawful alien status".
05-10-2022 : Visited SSA office to get a clarity but they were not able to give a proper answer. Instead they submitted a new application.
06-14-2022 : Its been 5 weeks and SSA office is saying its still under verification.
Anyone faced this issue? I feel like this is going in loops and my life is stuck without an SSN. Worse part is no-one has any idea where is the issue and what we need to do to fix it.
Please help. Thanks, Best Regards, Richu
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
SSN application rejected for H1B visa
This situation occurs when the DHS records are not yet in Sync. Check again with the USCIS.
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
LCA Employer name misspelled
Hi, My paralegal misspelled the name of the employer on the LCA and it has already been submitted to the DOL. Will this cause a denial of certification of LCA? And if H-1B petition is submitted with this error on the LCA, will it cause any RFE? Thank you in advance!
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
LCA Employer name misspelled
I believe you have been in touch with me on LinkedIn.
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
H1-B status transfer
My H1b was picked and Approved by USCIS with my current employer. Unfortunately, my current employer went through layoffs and my role was affected as a result. Can my future employer use my Approved H1B petition to file for a transfer before October 1st? I am currently on my F1 STEM OPT.
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
H-1B status transfer
This issue is covered in our FAQ. Please see: https://www.immigration.com/faq
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
H1B visa
Hi Rajiv Sir, I am on H-1B visa. But I was laid off. Due to some personal reasons, I need to go to India for 6 months. Can I apply for a job from India? And will the visa still be valid for obtaining work in the US?
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
H-1B applying for a job from outside the US
You can apply for a job from anywhere. If you are offered a position, you can start working remotely while the new employer applies for your H-1B transfer
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
H1b to F1
I am planning to utilize H1B cap gap for July and August this year, and transfer to F1 for PhD program. Will there by problems now or in future applications if I leave H1B cap gap and join F1 program? I am currently on F1 STEM OPT EAD ending in June 2023.
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