H Visa FAQs

Applying for H-1B Renewal

Authored on: Fri, 07/19/2013 - 06:22

Question

I am applying for an H-1B renewal. Do I really need to submit all of the same documents, diplomas, client letters, and so on, again?

Answer

USCIS treats each petition as a new case and requires a complete set of documents, as if it is the first time you petitioned.

Moving Outside USA For A Year While H-1B Has Not Expired

Authored on: Wed, 05/29/2013 - 06:02

Question

I have a valid H-1B until April 2014. I left my employment with my company March 2013 and we were in the process of applying for the GC. I did not have time to find another employer and file a GC application before entering my final year. Therefore even if I transferred my H-1B I still would have had to leave in 2014. Therefore I have decided to come back to England for a year and reapply when I have completed 365 days out. I have 2 questions:

1) Does my time start from when I left the US or do I have to cancel my H-1B?

2) If I go back to visit, I assume I just visit under the visa waiver?

Answer

1. The one year out starts when you leave USA.

2. It may be best not to visit during that year.

Applying H-4 Visa for Spouse During H-1 Processing

Authored on: Fri, 03/22/2013 - 03:05

Question

My company is processing my H-1B application. Is there any information regarding dependents that will be accompanying H-1B applicant to US at the of filing petition ? What is the process to apply for dependent visa (H-4) for my spouse?

Answer

If you are outside USA, only H-1 is processed here. H-4 is done at the consulate when you go apply for H-1 visa.

SSN for Non-working Purposes

Authored on: Fri, 02/01/2013 - 11:16

Question

I am on H-1B visa and my wife just received her H-4B. She is not allowed to get SSN as this is only for people who allowed to work. I need to get her TIN (TAX Identification Number) but not sure where to start as I have been told she needs TIN for Driver licensing and open Bank account.

Answer

You contact IRS for tax identification. Also, SSN can be given for non-work purposes if the law requires you to provide a non-work Social Security number to get a federal benefit or state general assistance benefit that you are otherwise qualified for.


See this info TIN: http://www.irs.gov/Individuals/International-Taxpayers/Taxpayer-Identification-Numbers-(TIN)


This for SSN: http://ssa-custhelp.ssa

Prevailing Wage

Authored on: Tue, 11/13/2012 - 06:11

Question

Rather than requiring that the full survey methodology be submitted with every prevailing wage request, can DOL recognize that certain surveys (i.e., Towers Watson, Radford, CHIPS One) employ a statistically valid methodology, and only require documentation that supports the specific wage request, such as the wage, level, location, and job description for the requested job opportunity?

Answer

Methodology can change within a survey among different occupations, so it is necessary for DOL to receive full survey methodology with each prevailing wage request, even for a commonly used alternate wage survey.

F-2 to H-4 Visa

Authored on: Thu, 05/10/2012 - 05:28

Question

I am on F-2 visa and it is valid up to 1 July 2012. My wife already filed H-1B in Apr 1st week.I am also planning to file my H-1B. So can I directly apply H-1B or fist apply H-4 and then after apply H-1B. How will it work?

Answer

If you are subject to H-1 quota, to get status within USA, you must maintain status till September 30. So, it appears you may have to apply for H-4 as well as H-1. Your lawyers can help you figure out the timing. Applying for H-4 now should not be an issue. But move quickly. You can file for H-4 online. Fairly easy.

Family Based F4 GC

Authored on: Thu, 05/10/2012 - 05:19

Question

Currently on my third year of H1B visa. If my sibling were to begin a family based F4 GC petition for me now, and the priority date is 12 years away, is there any way for me to continue to stay in the US until the GC is approved after I have used up my 6 years maximum of H1B? Are there any extensions possible based on the pending GC application? Or do I have to go back to India after the 6 years of H1B and wait there until the GC is approved?
Also, I should add that the above scenario is assuming that I don't have an employer-sponsored GC petition.

Answer

Unfortunately, the law does not permit you to wait the 12 years in USA just because you have a GC pending. No H-1B extensions are available on this basis. You will have to wait outside USA. Of course, you can come back on H-1 once you have reset the time by staying outside for one year. By the way, it is permissible for a person to apply for green cards through multiple categories simultaneously.

H-1 transfer during pending extension

Authored on: Mon, 10/03/2011 - 23:23

Question

My H-1 extension with the current employer is applied and is pending. My current H1 expires on 25th. If I apply for a transfer to another employer after 25th Sept., then is it necessary to have approved both extension and transfer in order to work with new employer, because I file transfer after my expiration of current H1?

Answer

If, by the time your second H-1 is approved, the first H-1 is not, USCIS can approve the second H-1 only without an I-94.

Transfer of jobs under same employer

Authored on: Tue, 08/09/2011 - 19:59

Question

I am working for a newspaper in the U.S. as a designer under the H1-B visa. I might be taking up a job as a reporter at the same newspaper in the same location for the same salary. The only thing that would change would be my job profile. What are the USCIS formalities involved in this particular situation? Would my employer have to file a whole new I-129? Would the entire petition process have to be undertaken again?

Answer

The employer will have to file for an H-1B amendment. It is like doing an H-1 all over again, but the fees can be a lot lesser.

H-1B to B-2

Authored on: Tue, 07/05/2011 - 05:20

Question

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?

Answer

You can and should apply for B2 for both.