Here is a recent visa stamping experience narrated by one of our team members.
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I went for an H-1B visa stamping at the U.S. Consulate in Toronto, Canada, in November 2012. This was my first H-1B visa stamping. I wanted to share my experience with you and hope that it will be helpful in providing some insight into the entire process.
Scheduling the Interview
Q: When using the new visa appointment site, what should my client list in the mandatory field that asks for the "Request Number"?
A: When a visa applicant sets up a user account in the appointment system, an 8-digit identifying number is assigned to the applicant. When logged into the appointment system, this "Request Number" appears in white against a red background in the upper right hand corner of the screen in parentheses after the applicant's e-mail address:
Can dependents of an R-1 beneficiary work while in the U.S.?
An R-1 worker’s spouse and unmarried children under the age of 21 may be eligible for R-2 classification, but the dependents of an R-1 worker may not accept employment while in the United States in R-2 status.
My H-1B petition was filed with premium processing. We received a Request for Evidence (RFE), but it has now been four months, and the case is still not approved. How do I get a refund of the premium processing fee?
Premium processing does not guarantee an approval within 15 days. This 15-day period may include either an approval, a denial, or a request for evidence. Therefore, the case will not be eligible for a refund of the premium processing fee.
When a second I-140 is filed, is Premium Processing available?
When a subsequent I-140 is filed by a successor-in-interest, USCIS can accept the Premium Processing request only if it has access to the original ETA 9089 PERM Approval. If the USCIS cannot get access to the original, the Premium Processing will be rejected.
To upgrade an I-140 filing that is in regular processing, the applicant must submit the I-907, the appropriate filing fee, and a copy of the I-140 Receipt Notice to the USCIS Service Center that has the I-140 petition pending. If there is an attorney representative on the I-140, a G-28 must also be submitted.
Is an online Master's course acceptable for EB-2 filings?
USCIS has verified that an online Master's course can be acceptable for EB-2 Green Card filings, provided that it is from an accredited U.S. university.
Click here for Rajiv Khanna's blog entry on this topic.
The beneficiary is working at an end-client location and we are not permitted to post the LCA Notices there. What options do we have?
You may provide electronic notification to employees employed with the same job title as the beneficiary (including both employees of the H‑1B employer and employees of another person or entity that owns or operates the place of employment) for which H‑1B nonimmigrants are sought, at each place of employment where any H‑1B nonimmigrant will be employed.
In posted notices, can the salary be indicated as a range rather than the exact salary?
You may indicate a range provided that the low end of the salary range is no lower than the prevailing wage and the top of the range is at or above the employee’s actual salary.
How long after I send in my information will the case be filed?
If everything is in order when we receive the case; i.e., job description/salary can be approved and all supporting data is in order, the case can usually be submitted to USCIS by two weeks from when the case is opened in our office.
How soon after the case is filed can we expect a decision?
The time frames can vary, so it is hard to predict how long it will be before the cases are adjudicated. At the present time, USCIS is estimating five months to process these cases.