H-1 and Out of Status

Question details

My project is going to end soon and my employer does not know if he will have another client with a project for me. How long do I have to find a new employer before I am out of status? What should I do if my current employer withdraws my H-1B?

There is no grace period when you are laid off. You will be out of status from the date your current employment ends. It is advisable to apply for a change of status to, for example, B1/B2, F-1, or H-4.

Petition to extend H-1B Visa

Question details

My H-1B approval notice is valid for four more months. When can I begin the process to extend my H-1?

A petition to extend your H-1B can be submitted for receipt by USCIS no sooner than six months prior to the expiration of your current H-1B, so you could begin the process at any time now.

Prevailing Wage

Question details

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?

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.

Employer Sponsoring for H-1 Visa

Question details

I have completed all of my studies in college for my Bachelor’s Degree but have not received my diploma from the university. How can I show my prospective employer that I have the education necessary for him to sponsor me for an H-1 position?

You must submit evidence of the beneficiary’s educational degree at the time of filing. If all of the requirements for the degree have been met, but the degree has not yet been awarded, the following alternate evidence may be submitted: (1) A copy of the beneficiary’s final transcript; or (2) A letter from the Registrar confirming that all of the degree requirements have been met (if the educational institution does not have a Registrar, such letter must be signed by the person in charge of the educational records where the degree will be awarded).

Extension of R-1 status

Question details

My current R-1 visa is valid for only 30 months. Will I be able to renew this visa?

An extension of an R-1 status may be granted for up to an additional 30 months. The total stay in the United States in an R-1 status cannot exceed 60 months (5 years).

State Dept. Gives Authority To Waive Select Visa Bans To Assistant Secretary For East Asian And Pacific Affairs

[Federal Register Volume 77, Number 219 (Tuesday, November 13, 2012)]
[Notices]
[Pages 67725-67726]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-27547]

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DEPARTMENT OF STATE

[Delegation of Authority No. 346]

Delegation by the Secretary of State to the Assistant Secretary
for East Asian and Pacific Affairs of the Authority To Waive the Visa
Ban Under the JADE Act