H Visa FAQs

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

H-4 Visa and Status Validity

Authored on: Thu, 05/19/2011 - 00:05

Question

My husband has changed his job and his H1-B is being transferred. I am on H4 visa with valid stamp till 04/30/2012

My questions :
1. Do I have to also apply with him for H4 transfer ? Or should I be able to contd on valid status as my current H4 visa is valid ?
2. If I have to travel out of the country , can I travel with my current H4 visa stamp ? or should I have to re-stamp it with my husband's new I-797 for new company ?

Answer

Your current H-4 status and visa remains valid and can be used for travel. Each time, your husband changes jobs, you do not have to apply for H-4 until the time the H-4 is about to expire.

OPT - H4 - H1

Authored on: Mon, 04/18/2011 - 15:48

Question

I am currently on OPT, expiring on 23 May 11. I am currently working but my current employer is not willing to file for my visa and I am unable to find an employer who can file for H1B. I have following questions:
1) If I am not able to find a company-how much time ahead of my visa expiration I will have to file for H4?
2) How difficult it is for an employer file for H1 from H1 and what is the process?
3) If I have to travel out of country before the OPT expiration-do I need to have another visa approved to re enter before my OPT expiration?

Answer

1. Your H-4 application must reach USCIS before expiration of your OPT (although it could be argued that you have an extra 60 days, but I stay away from having to argue).
2. No different than filing a new H-1.
3. You could have a difficult time entering if cutting too close the end, although, legally you are entitled to it as long as you have a job in your field that you have been performing on your OPT.


 

Business in the US, on H1B visa

Authored on: Tue, 04/12/2011 - 09:09

Question

Fact "H1Bs cannot do their own business in US". So checking the legal limit with below scenarios.
1. Can a H1b, while working for H1 employer, work for non US employer using options like work from home or other internet technologies and earn in their local currency without further documentation?
2. Does anything changes if the non US employer has clients in US and the person in above position actually work with those clients under the payroll of non US based organization?
3. Does it cross the legal H1B limit if we assume the H1b person in scenario 1 and 2 is also the owner of non US company and earns in local currency not USD?

Answer

1. In my view, no.
2. No. The critical thing is that the work is being performed on US soil.
3. I believe this too would be illegal under immigration laws.

Switching Jobs after I-140 approval

Authored on: Wed, 03/16/2011 - 04:36

Question

I-140 App Aug 8th 08, EB2 Priority Date Mar 7th 08, H-1 In 8th Year, expiring May 12,

1.If I move to a new company (B), can I still keep my Priority Date which I have from my current company (A)?

2.Can the current company (A) withdraw my application in such a way that I loose my priority date?

Answer

1. You can keep the PD only as long as the sponsoring employer does not revoke your I-140, go out of business and USCIS does not revoke the I-140 OR, USCIS does not revoke the I-140 for fraud.


2. No.

H-4 Visa Stay in US

Authored on: Fri, 01/28/2011 - 02:57

Question

My husband is on H4 with an I94 valid till June 17, 2011 and I am a H1B visa holder with a valid petition document. I am planning to go for a vacation. Will it be a problem if I leave my husband (dependent) in US and go for a vacation and come back in 3 to 4 weeks?

Answer

A few weeks absence should create no problems for your dependents.

H-1B Stamping

Authored on: Fri, 01/28/2011 - 02:54

Question

I got my H1B approval on 31 Dec 2010, thus my visa status changed from F1 to H1B (I am currently going to grad school and graduating in April 2011). My company wants me to get my visa stamped. I have heard various stories about problems faced in Canada for first time stamping. Is this really an issue? Is there any law which prevents us to get first time stamping done in stamping done in Canada?

Answer

H-1B stamping has been made difficult by consulates. There is nothing stopping you from applying in Canada, but your lawyers need to help you decide what is best.

H-4 rejected under 214(b)

Authored on: Tue, 01/11/2011 - 06:03

Question

My wife's H-4 got rejected under section 214(b) recently and interview went for less than minute. Should I apply again ?

Answer

In my view, H-4 cannot be denied under Section 214(b). This is an error. Apply again.

H-1 Extension

Authored on: Tue, 01/11/2011 - 05:59

Question

I have filed for an Extension in the month of August'2010 as my Visa expires on Sep1'2010. I have not received anything yet. The Status is still in initial review. I have plans to go to India on Jan28. Should I convert to Premium now or shall I wait. My Case is with California?

Answer

Personally, I have seen no correlation between premium processing and increased RFE's.

H1-B Visa Transfer

Authored on: Fri, 01/07/2011 - 07:58

Question

I worked in US till August 2010 through my H1-B visa in some company. I had to come to India due to some problems. Now I am in India. My question is, can my visa be transferred when I am in India by some other US company so that I can again go back and work in US. My H1-B visa expires on 2013.

Answer

The H-1 can be "transferred" - yes.

H-1 extension beyond 6 years

Authored on: Tue, 01/04/2011 - 02:04

Question

My situation. I work for company A
1. My 6th yr H1-B ends in Dec 2011
2. Labor approved (PD May 2010) and I-140 (applied Sep 2010) pending - EB3
3. Once my I-140 gets approved (hopefully) my lawyer's plan to apply for a 3 yrs extension some time next year (Till Dec 2014).
After/If I do get my extension for 3yrs with my company A, then Can I change my job to company B in 2012(who is willing to do my labor and I-140 again).

Answer

An extended H-1 can be transferred, but obtain the extension before the former employer revokes the I-140. I see no issues (generally speaking) with a PD transfer, unless USCIS (not the employer) revokes the I-140. Ask your lawyers for details.