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

Self Employed while on EAD

Authored on: Thu, 09/16/2010 - 04:45

Question

I am employed with H1-B and EAD. My wife has EAD through my petition. She is looking into working as an Independent Consultant (Self Employed). Is she allowed to be IC under EAD?

Answer

I see no issues at all with the derivative beneficiary being self-employed on EAD.

H-4 visa and age

Authored on: Thu, 09/16/2010 - 04:42

Question

I am currently on H-4 (my visa expires 31st sept, 2010). I am 23 yrs old. I understand that the laws states that over 21 you are no longer on H4 visa. But in my case the immigration has issued me the visa for the date mentioned above. How do I go about ?

Answer

The general rule is - we should not try to take advantage of an error made by the govt.

H4

Authored on: Sun, 08/29/2010 - 22:52

Question

Just would like to know that how soon can a spouse and children apply for a H4?

Answer

There is no time limit. As soon as you get an H-1.

H1 Visa

Authored on: Fri, 08/06/2010 - 02:44

Question

I have come to US through my company with my L1 Visa. I am currently working with my client. There is an agreement between my company and my client not to hire my company employees within 6 months after quitting. I cannot move to any other company here in US as i am on L1. My company is not willing to file H1 either. If I have to move to a different company I should have a H1 Visa filed.
Recently my client offered me to join their company, but I don't have my H1 and i cannot join my client company even if i get my H1 because of the 6 months restriction. What are the different options to join my client.

Answer

This seems to be an issue of contract only. Immigration law does not stop you from changing.

E3 visa for LPN

Authored on: Thu, 07/15/2010 - 03:45

Question

I already have a USA LPN license, was just wondering if its possible to get E3 visa to work in USA, I am an Australian citizen. What are the requirements?

Answer

As far as I remember, most nurses jobs do not qualify for H-1/E-3 type visas because a US Bachelor's degree is not required for the jobs. If you can find a job where a Bach. degree is the minimum requirement, you can be eligible for E3 or H-1B.

US RN Graduate foreign national

Authored on: Mon, 07/12/2010 - 06:49

Question

I am here on an H1B and completed my BSC Nursing as well as obtained my state licence. What is the best way to proceed to get a job/visa in the USA.

Answer

Start with Optional Practical Training.

H-1B and E-3

Authored on: Thu, 07/08/2010 - 09:05

Question

I was working in US on E-3 visa before H1B. Which means I entered USA earlier. When does my 6 years clock starts?

Answer

In that case, your 6-year clock begins to run on the date you converted (changed status) to H-1.

H1B Extension beyond 6 years

Authored on: Mon, 06/28/2010 - 01:10

Question

I got my H1B in Feb 2005 however never entered the country for first 22 months as I did not get an opportunity to visit my company here in US. Eventually I came here in Jan 2007. When does my 6 year period start? Feb of 2005 or when I first entered the US in Jan 2007?

Answer

H-1 starts on the date you ENTER USA.

Visitors visa sponsored by H-1B holder

Authored on: Thu, 06/03/2010 - 03:39

Question

I got my parents Visitor Visa stamped when I worked for Company A . But now I work for company B and I am planning to get them to US now. Do they need to go for stamping again?

Answer

I see no need for a new visa.

Query about H1B Visa transfer

Authored on: Tue, 06/01/2010 - 14:12

Question

I have my H1B through a consultant company in USA. I never traveled on this visa and never worked for this consultant company. Now I have a direct job offer from another employer. My new employer wants me to work for them directly instead of going through my current visa sponsor. Can I transfer my visa to my new employer and enter US on this new visa? What is required for this? And how much time shall it take?

Answer

Sure. Have the new employer apply for H-1 for you. Apply for premium processing.