H-4 EAD changing back to H-1

7 years ago By Chief Editor

Question details

1. Had H-1B petition approved in 2015 through consular processing while residing outside the USA? But did not get stamped for H-1 but came to the USA on H4 visa. Currently working as an employee on H-4-EAD. Can I change my status to H-1B from H-4, If Yes - Will it be treated outside H-1B Cap? 
2. Do I have to leave the country and get stamped and re-enter with H-1B status? 
3. Will I get a new I-94 with latest 1 yr or 3 yrs approval? 
4. How many days will the process take to change status? 
5. Can I continue working while the COS is in progress or pending with USICS as I would like to continue working without a break? Also, do I have to go back to the same petitioner who applied for H-1B visa or can I transfer it to a different employer?

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Changing employers after 6 years of H-1 are over

7 years ago By Chief Editor

Question details

1. With my approved I-140 from Company B can Company C use that to file my extension for 3 years. I have a copy of approved I-140. Is it safe to change companies in the 6th year. 
2. Using the approved I-140, I have filed H4-EAD for my spouse in Feb 2017 and is yet to receive the EAD approval. If I get it will be only valid till Nov 2017 based on current I-797 validity. So, if H1-B is approved for Company C, can I file extension of H4-EAD 120 days before validity based on that approval. If EAD is provided, it is going to expire on Nov 2017 based on the H1-B's current I-797.

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Form I-698 Update

7 years ago By Chief Editor

USCIS recently updated the following form:

USCIS Announces Further Measures to Detect H-1B Visa Fraud and Abuse Inbox

7 years ago By Chief Editor

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) today announced multiple measures to further deter and detect H-1B visa fraud and abuse. The H-1B visa program should help U.S. companies recruit highly-skilled foreign nationals when there is a shortage of qualified workers in the country. Yet, too many American workers who are as qualified, willing, and deserving to work in these fields have been ignored or unfairly disadvantaged.

Justice Department Cautions Employers Seeking H-1B Visas Not to Discriminate Against U.S. Workers

7 years ago By admin

Department of Justice
Office of Public Affairs
Monday, April 3, 2017

H-1B for Programmers - 2017 Guidance

7 years ago By admin

Note From Rajiv:
There is nothing new in this memo that we have not encountered before. What USCIS has said in this memo is that the IT title “Programmer” is not necessarily a job that requires a degree AND further a degree in specific discipline. If we claim otherwise, we have to prove our case. We have to do that in many, many cases anyway. Like I noted earlier, this is not new.

USCIS targets employers for H-1B investigation unverifiable, H-1B dependent, and off site consultants

7 years ago By admin

From Rajiv: To identify employers who are abusing the H-1B visas, USCIS will now target for investigation three specific types of H-1B employers: unverifiable, H-1B dependent and consultants working at client sites.

USCIS Release

Agency Creates Avenue for American Workers to Report Abuse

PERM CMS Will Allow Submission Of Electronic Documentation, Beginning On And After 4/15/17

7 years ago By Chief Editor

The new change to the PERM CMS will allow submission of electronic documentation beginning on and after 4/15/17 as announced by DOL.

Please use this User Guide which is designed for employers and attorneys/agents, describes the fundamentals of the Web-based system, including registering, logging in, preparing PERM application, and managing your user account.

PERM Online System User Guide

Understanding H-1B Requirements

7 years ago By Chief Editor

This guidance provides you with some key requirements you must fulfill to apply for an H-1B Visa. For each requirement, USCIS has included forms of evidence that you may submit to meet the requirement and other tips to help you prepare your petition.

For more visit this USCIS link: Understanding H-1B Requirements

Filing two quota H-1 petitions simultaneously through different companies

7 years ago By Chief Editor

Question details

1. Is there any legal restriction to have two H-1B petitions from totally unrelated employers in the lottery to double my chances of getting H-1B?

2. I do not intend to inform both the companies. Will they ever know that another company has also filed H1B on my behalf?

3. What will happen in case both my H-1B petitions are approved (chances are rare). Can I join any company?
 
4. I also want to ask, is there any possibility USCIS can trigger RFE or NOID in case both H-1B petitions get approved?

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