H Visa FAQs

H1B exemption with I-131

Authored on: Thu, 10/29/2009 - 05:15

Question

I am an H1B visa holder and married to a US citizen. I have read that if I do not use the EAD and keep my H1B valid through the Petition and AOS process, I could keep my H1B status and travel abroad without the approved AP (I131). Is that right? Or do I need anyway to file the I-131 and do not travel abroad while the parole arrives? My concern is because I need to travel abroad every 2 weeks, and I could not wait for the parole if it takes too much too arrive. We have not filed the petition yet. Should I include I7565 and I131? Can I keep my H1B status to travel abroad even if I file them?

Answer

You are permitted to travel on either an H-1 visa, or an Advance Parole. You should file for AP also. That does not disturb your H-1.

Stamping of H1B except for IT - Chartered Accountant

Authored on: Thu, 10/29/2009 - 05:11

Question

I wish to understand from you, how difficult or easy it is to get an H1B stamped for people other than IT sector? I am currently pursuing CPA (certified public accountant) course and will be writing my exams soon. How difficult do you think can it be to get an H1B stamped after completion of this course? Is IT the only favored sector?

Answer

The degree of difficulty has no quantitive scale. But generally speaking, all professionals should have the same degree of difficulty.

Requirements (Degree/Education for H-1)

Authored on: Thu, 10/29/2009 - 04:59

Question

1. I have heard that for H1B VISA application process the minimum educational qualification required is 16 years of education.A Bachelor’s degree from India is considered as only 15 years of education.
I have done an Intensive Diploma in German Language from Delhi University(regular) - one year and Advance Diploma in German Language from Delhi University(regular) - one year.So, ideally a two years regular course from Delhi University - will this be recognised? this is in addition to regular B.Com (H) from Delhi University. Will this fullfill the educational requirement for H1B?

2. How do i prove that i have actually been doing some/all of the tasks in my previous organisation? On my resignation, the company will provide me with an experience letter - but which is a very general one. Does not necessarily include the tasks performed.

Answer

A1. When a person has less than a complete 4-year bachelors degree, then each year of college education that they are missing may be replaced by three years of relevant experience in the field in which they are seeking a job. For instance, if a person has a three years degree in Mechanical Engineering and they wish to obtain an H-1 visa, such a person must have three years of full time experience as a mechanical engineer in order to qualify as possessing the equivalent of a 4-year bachelors degree.


A2. You should let your lawyers decide the best course of action. One option is to get affidavits from co-workers and/or past supervisors.

Applying for B-1 when laid off

Authored on: Wed, 10/28/2009 - 08:53

Question

I went through your blog on H1 to B1/B2. My friend has a similar case, he has been laid off and last working day is 09/15/09. He spoke to a local attorney on the feasibility of transferring H1 to B1/B2. But that attorney mentioned that the transfer request will be rejected as there will be a clear immigration intent. Can you please help with this?

Answer

From my blog, one thing should have been clear. Whether or not you get approved is irrelevant. A timely filed application puts you in authorized period of stay. That was the whole point. I do know what another lawyer said or in what context, but there is no evidence of clear immigrant intent unless an immigrant visa (I-140) was applied for.

H1B Processing

Authored on: Wed, 10/28/2009 - 08:05

Question

I have applied for EOS H1B at the end of june but my case still shows as pending processing on USCIS website. However, it looks like several cases filed in July have already been approved. What can I do about this?

Answer

Contact customer service of USCIS or convert your case to premium.

H1 6th Yr - Labor Approved - NO I-140

Authored on: Wed, 10/28/2009 - 07:40

Question

My Bank(!) has filed for my GC last year (Aug) and we got PERM Labor approved as of Feb'09. However, with everything going on with Banks and Economy in general, my new employer (who has taken over my previous employer Bank) has decided to not file for I-140. My 6th Year H1 is going to expire on May 2010. I explored few other companies where I can join and if they can start my GC. I was told by many of them that they will not apply for Labor as we don't have enough time left now to get my Labor approved and file I-140.
Is there any option left for me?

Answer

Getting an I-140 filed is your best bet. If you end up leaving USA, see if you can get a job that can get you an L-1, which then leads to an EB1 green card (usually takes about a year only to complete).

Extending H-1B After Staying Outside USA for 365 Days

Authored on: Wed, 10/28/2009 - 03:27

Question

If I stay outside the US for 365 days and return back on the same L1/H1B,will it reset the 5/6 year limit for the visa? Let’s say i max-out on L1B in Aug 2009 and have a valid H1B petition from Jan 2010-Dec 2010. If I go out of the US in Aug'09 and return in Sep 2010,when I re-enter and apply for H1B extension, will I get 6 more years on the same H1?(since technically,at that point,i would have already stayed outside US for 365 days and my H1B clock would start over fresh). If No,should I apply for a NEW H1B?If yes,will this new H1 be subject to the 65k cap?

Answer

Once you have been outside USA for one year, there are two options. One, be subject to the quota and get 6 years of H-1. Two, if there was any H-1 period left, take the remainder and not be subject to the quota.

RFE H-1 without a client letter

Authored on: Fri, 10/23/2009 - 09:12

Question

I applied for a H1 Transfer in May 09 as my client required me to be an employee of the preferred vendor.In aug 09 I received an RFE asking for a client letter.Could you please let me know if there is anyway to get the approval without the client letter or any other supporting document will serve the purpose. Please do the need full.

Answer

Read my blog and my article on this issue.

H1B laid off while labor is pending

Authored on: Tue, 10/20/2009 - 04:26

Question

I might get laid off. My labor is pending and I will apply for B1/B2. In the mean time if my employer recruits me back again, will I be able to continue with my PERM and rest of the green card process? Do I have to start from the beginning?

Answer

There is no easy answer. It could be argued that the employer laid you off so the permanent job, which is the basis of the green card is gone. Hence, the process is fatally interrupted. Generally speaking, I think you should be able to continue.

H1B Revival process (Extension while still abroad)

Authored on: Thu, 10/15/2009 - 03:08

Question

I have valid H1b visa till Sep , and right now I am in India ....can you please help me guide through possible ways of visa extension.

Answer

An extension can be had only if the employer can demonstrate that they have a definite job open for you. The rest is up to the lawyers and USCIS.