H-1B Petition for Extension
When should my H-1B petition for an extension be filed?
An H-1B petition for extension may be submitted to USCIS no more than 6 months prior to the expiration of the current H-1B status.
When should my H-1B petition for an extension be filed?
An H-1B petition for extension may be submitted to USCIS no more than 6 months prior to the expiration of the current H-1B status.
I do not have an I-94 from my last entry to the US in June, but I need it for my H-1B renewal. What should I do?
Please refer to the following link for information on printing your I-94: http://www.immigration.com/news/general-nonimmigrant-visa/i-94-web-appl…
1. Our employees are deployed at government sites. Are we still obliged to pay the H-1 wage?
2. Can we ask such employees to use their paid leave?
A1. Yes. In my view, that obligation continues unabated.
I am currently on my Post-completion OPT. I was recently hired as an IT by a company which agreed to sponsor my H-1B. My OPT expires on January 2013. I've done my Associate Degree in Computer Science. Also, I have BS in Computer Science but from foreign country. Seven year experience in IT.I had my BS evaluated recently. It is equivalent to US Bachelors Degree in Computer Science Computer Technology.
Q1: I will have a gap of 3 months before April 1. How to maintain my status?
Q2: I am under STEM not with my US AAS but with my foreign BS degree. Can I extend my OPT with my evaluated diploma?
A1. You can consider going back to school or B-1/B-2 status. There is information on our blog on B-1/B-2 to maintain status.
I currently have a J-1 (for four more years, no HRR). I am thinking about applying for an EB2-NIW. The question is, if I don't get the EB-2, will I have problems with traveling with my J-1? Can the officers at the airport know that I was denied an EB-2 and thus showed immigration intent?
Exhibiting immigrant intent CAN be a problem for J-1. It is not certain that you will have a problem, but the potential does exist.
1. How do I apply for F-1 OPT?
2. How do I get a 17-month STEM extension of my post-completion OPT?
1. Once you receive a recommendation for post-completion OPT from your Designated School Official (DSO) to pursue OPT, you must apply for an employment authorization document (EAD) with USCIS within 30 days. Additionally, you may file up to 90 days prior to your program end-date and not later than 60 days after your program end date.
How do I schedule a conference call?
Rajiv hosts a free community conference call for immigration related questions every other Thursday. You can post questions for the call if you are a member of the forums. Membership is immediate and free for life. (Click here to register ).
1. Are children required to have chest x-rays or blood tests?
2. What if the applicant is mentally retarded or has a learning disability?
3. What is the legal basis for requesting medical information for visa applicants?
4. What should the applicant expect at the medical examination?
1. Chest X-ray and blood tests are not usually required for children under the age of fifteen.
2. Applicants with mental retardation or learning disabilities must present a report of their condition and any special educational or supervision requirements.
1. I am currently on an L-1 visa but I am thinking of resigning my job. I have an Australian passport, so if I do so could I just change my status to the Visa Waiver Program or would I need to physically exit and re-enter the country?
2. If I subsequently wish to stay longer than 90 days under the visa waiver program, am I able to simply exit and re-enter the country to restart the 90 day period?
1. You will have to exit and reenter OR apply for a change of status to
An experience from our community reader:
I did not have to go through the grueling J-1 HRR process from India. A matter of fact for your reference, a lot of students coming from India to US on J-1 for internship or completing their last semester are put on J-1 HRR directly without any inquiry into their application at the visa window. This causes a lot of stress to individuals under J-1 HRR and very few know that J-1 HRR Advisory opinion exists. I had been reading a lot of articles and on the USIEF website when I came to know about this and applied to see after 2 months that the J-1 HRR was never applicable to me.
Rajiv's Response:
Thanks for sharing. People, note, it is a good idea to confirm whether or not you are in fact subject to the HRR. We have been doing that for years in cases where there is a likelihood that you are not subject to HRR. Two typical situations where you may NOT be:
1. No US federal government funding (reinforced by suffix "P" instead of "G" in your program number) and