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

H1B Validity Period

Authored on: Thu, 05/13/2010 - 04:22

Question

My H1B got approved in Oct 2005 but I entered US in July 2006. Now 6 Years H1B Validity Period begins from the H1B approved date(Oct 2005) OR the day(Jul 2006) I entered this country.

Answer

H-1B count down starts from the date of entry.

Where to file complain?

Authored on: Thu, 04/22/2010 - 07:07

Question

Some of my friends filed H1B through a Consulting company. They gave 1.5-2K USD each. All of the cases were rejected for some unknown reason. Now, that consulting company is not giving money back. Where should they file complain?
The consulting company's mother company is listed in Bombay stock exchange.

Answer

If the company is in USA, you will file complaints with ICE and Wage and Hour Division of Department of Labor. If in India, I guess they will file a police complaint.

H1B Restamping

Authored on: Fri, 04/16/2010 - 07:33

Question

My visa is valid till Sept,2011. I recently changed employers;have received my approved I-797 from the new employer.Iam planning to travel to India in May,2010. Do I need to go for re-stamping? Shouldn't the employer name on my visa and my I-797 be the same? If not,then what all documents should I be carrying with me to show to the Immi officer at the Port of Entry? Should the employer name on the visa match the employer name in my I-797? My visa is valid till Sept,2011. I recently changed jobs and my I-797 from the new employer has the new employer's name;however my visa has the old employers name.

Answer

Generally speaking, if you have never been out of status, you can travel out of USA and back without changing the visa stamp on an unexpired H-1 visa, even though you have changed employers through a valid H-1 transfer while you were in USA.

Travel during H4 processing

Authored on: Fri, 04/16/2010 - 07:18

Question

I am on J-2 visa. This is likely to expire soon due to my spouse changing her visa from J-1 to H1.I want to apply for H4 if I can travel outside USA during the application(processing) period.

Answer

If you travel during change of status, the request for COS is deemed to be abandoned.

L1B to H1

Authored on: Mon, 04/12/2010 - 15:12

Question

I am working in US with L1B Visa from company A, now I have my H1 petition approved from the same company had applied to me before I had L1B. Now is it possible for me to change my Visa status from L1B to H1, if yes then what are the situations under which I will be able to change as I am planning to change the company.

Answer

You will need to apply for an H-1 through the employer you wish to join. You should be able to apply for a change of status as a part of that process.

G-4 to H1B

Authored on: Tue, 04/06/2010 - 14:32

Question

1. I'm on a G4 and have an offer to move to a US based company in a management role. They have offered to file for an H1B in the next few days on premium processing. Although premimum processing requires 15 days or so for an approval, the visa stamping does not happen until October 2010. That's too long to wait to move. What are my options to transition more smoothly from G4 to H1B?

2. Can they apply for a GC after I have an H1B approval?

Answer

If you are subject to the quota, I cannot think of how you can start earlier than 1st October, unless you have unique skills or circumstances. Once on H-1, you are like anyone else. Your green card can be filed because you would already have waived your privileges and immunities.

H1B- denial

Authored on: Tue, 04/06/2010 - 14:29

Question

I was approved for an H1B by USCIS There is a new I-160 form, electronic to the previous form. I want to be able to travel to my home country during this working period, but I have to go home to get it stamped. Could I still be denied the visa even though I obtained my H1B?

Answer

Grant of H-1 approval by USCIS is absolutely no guarantee that a visa will also be granted.

EB-1 Visa Processing for medical doctors

Authored on: Mon, 04/05/2010 - 08:28

Question

I am working towards filing under EB-1 green card, currently on H-1B. Is there a certain number of publications in peer reviewed journals, presentations at international meetings that would make the application more likely to go through than not?

Answer

Number of publications, impact factor of journals and number of citations - that is what they look at these days.

L1A visa and H-1

Authored on: Mon, 04/05/2010 - 08:22

Question

I am in USA on a L1A visa. If my H1B is approved, do I need to go to India to get my H1B visa stamped?

Answer

That depends upon whether or not you have also received change of status. If yes, you will not need to get visa stamping until you travel outside USA.

Outstanding researcher

Authored on: Wed, 03/24/2010 - 04:27

Question

I'm a researcher at a university and I will probably try to apply for EB1, Outstanding Researcher. I'm currently on an H-1 (since Oct. 2007). Are there certain stages in the process in which I won't be able to travel outside the US?

Answer

I cannot think of any stage at which you cannot travel. Good luck!