Visa Bulletin For January 2023

Number 73
Volume X
Washington, D.C

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A. STATUTORY NUMBERS

This bulletin summarizes the availability of immigrant numbers during January for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

Agency

Green Card

Immigration Law

Recording for December 15, 2022 Conference Call with Rajiv S. Khanna

Nonimmigrant Visas

FAQ: Explaining PERM Prevailing Wage Determination (PWD) and its elements || Recapturing H-1B unused time (Remainder Option); Changing H-1B field; USCIS’s stand on combining degree and work experience || H-4 EAD visa holders opening an LLC in the U.S. and employing their H-1B holding spouse on concurrent H-1B || Gap in status, for instance, H-1B and H-4 status issues || Eligibility for EB-1A (Extraordinary Ability)

Regarding H-4 stamping without primary H-1 stamp

Question details

Currently we got H-1 and H-4 approved from Sept 2022 -2025. I am on H- and having difficulties in getting dates for visa. My wife on H-4 was able to book a date. If she goes with both the approvals and I am in US and my H-1 is not stamped. Will there be a problem for her in getting her visa stamped?

Consulates have been inconsistent. Many times, they do not stamp an H-4 visa unless the H-1B visa has been stamped. It may be best to email and confirm with the consulate where you are going.

H-1B applying for a job from outside the US

Question details

Hi Rajiv Sir, I am on H-1B visa. But I was laid off. Due to some personal reasons, I need to go to India for 6 months. Can I apply for a job from India? And will the visa still be valid for obtaining work in the US?

You can apply for a job from anywhere. If you are offered a position, you can start working remotely while the new employer applies for your H-1B transfer.