H Visa FAQs

Quickest way to get a GC

Authored on: Tue, 03/23/2010 - 04:58

Question

I was a resident physician on the H1B visa.. Prior to completing residency, I got the EAD(my husband , a pharmacist had applied for a Green card through his company). That was in 2006 and we have since made no progress as the EB3 numbers are not current. I did not renew my H1B after the initial 3 years because I could work with the EAD. Would I get a GC faster if I start my own application or should we keep waiting? Can both of us have seperate applications without one affecting the other? Are we better off just waiting?

Answer

Generally speaking, where there is a choice, we always file multiple green card applications for spouses.

H1B Pending

Authored on: Mon, 03/22/2010 - 06:59

Question

I have 5 year M entry visa to visit US from India. I got a job offer and my employer is filing H1b for me in April 2010. My 6 month B1/B2 visa is over on June 4th 2010. (A)Can I continue to stay in US on pending H1b? (B) Should I apply for extension of B1/B2? Will this application for extension confuse or spoil my chance of getting H1b? (C)If I do the premium processing will I know the status of my visa before 4th of June?

Answer

You need to discuss this with your H-1 lawyers. I do not believe you can stay. Filing an extension may not help either.

F1 visa to business visa or H1/L1

Authored on: Fri, 03/19/2010 - 04:44

Question

Which visa is easy to apply. Is it business visa or H-1 visa?

Answer

If you qualify, H and L visas are certainly more secure than an F visa.

H-2B Visa

Authored on: Fri, 03/19/2010 - 04:30

Question

I'm on a J-1 visa right now, but I leave the US in 16 days. I have a job offer to come back and work here, can I apply for the H2-B visa before I leave the US? So that I could come back right away? Or don't even needing to get off the the country?

Answer

Assuming you have no home residency requirement, you can start the H-2B process even while you are here in USA.

H1 working in University (non profit organization)

Authored on: Thu, 03/18/2010 - 07:23

Question

My question is "what is the last date for applying academic H1" Is it april 1st or any time during the year.

Answer

For university and other quota exempt positions, you can apply for an H-1 any time.

Transfer to a startup company H-1

Authored on: Thu, 03/18/2010 - 07:22

Question

I currently have an H1-B status supported by a large enterprise company. This visa is valid for another 2 years. In the next 2 months I would like to transfer to a brand new startup company that will only have 1 American employee and myself. Do you have any recommendations I need to watch out for when moving to a start up company like this. I guess I'm wondering if the government is more suspicious for these smaller companies than the large coorporations. I'm also looking for immigration lawyer to help me with this.

Answer

These H-1 approvals tend to be more difficult. You are correct. Do not leave the old employer until and unless the new H-1 is approved.

H1 approval and stamping

Authored on: Thu, 03/18/2010 - 07:19

Question

I got H1 approval and they asked me to immediately go to home country for stamping. What is the best answer that I can give when they ask me about the gap where the status was illegal. My stamping is on March 9th 2010 in Chennai.

Answer

There are too many variable for me to be able to respond meaningfully. The general answer to your question is that the response must be the truth. Before you leave, make sure you are not subject to the 3/10 year bar from coming back because of unlawful presence. There is an entry on my blog on this issue.

H1 B question

Authored on: Thu, 03/18/2010 - 07:18

Question

Can an individual be granted H1-B status if they are doing an internship (unpaid) or any type of volunteer position? If not, can anyone tell me how an individual would go about getting anything resembling this type of visa for an internship?

Answer

H-1B is available only for paid positions. Generally speaking, unpaid internships could be undertaken on a B-1 visa. That would be at the discretion of the US consulate.

H1B renewal using an old I-140 from a previous employeer

Authored on: Wed, 03/17/2010 - 08:47

Question

When I was working at Company A I filed for my I-140. Unfortunate I had to quit the company A and join company B. When company B filed for my H1B transfer in 2007, the I-140 from company A got approved and we were able to extend my H1B for 3 years. After a year I had to quit company B and join Company C. Now in Company C I filed for Labor through PERM in 2008 which got an audited once and I am waiting for my Labor to approve.

My H1B is expiring in Sep 2010 and my company is not doing good. So if I change a job now, would it be possible to use the old I-140 and Renew my H1b for 3 more years.

Answer

I cannot think of any reason why the same I-140 cannot be used for repeat H-1 renewals. By way of caution, do not change companies until the H-1 approval is in hand.

Employer change in 6th year before I-140

Authored on: Mon, 03/01/2010 - 06:43

Question

My H1 is expiring (6th yr) in Sep 2010 and did not get labour approval till now (filed in Sep 2009) , Can I transfer H1 before Sep 2010 and before I-140 approval?

Answer

Yes you can. But discuss the details with your H-1 lawyers.