L1A visa and H-1
I am in USA on a L1A visa. If my H1B is approved, do I need to go to India to get my H1B visa stamped?
I am in USA on a L1A visa. If my H1B is approved, do I need to go to India to get my H1B visa stamped?
I am working towards filing under EB-1 green card, currently on H-1B. Is there a certain number of publications in peer reviewed journals, presentations at international meetings that would make the application more likely to go through than not?
Number of publications, impact factor of journals and number of citations - that is what they look at these days.
I was approved for an H1B by USCIS There is a new I-160 form, electronic to the previous form. I want to be able to travel to my home country during this working period, but I have to go home to get it stamped. Could I still be denied the visa even though I obtained my H1B?
Grant of H-1 approval by USCIS is absolutely no guarantee that a visa will also be granted.
1. I'm on a G4 and have an offer to move to a US based company in a management role. They have offered to file for an H1B in the next few days on premium processing. Although premimum processing requires 15 days or so for an approval, the visa stamping does not happen until October 2010. That's too long to wait to move. What are my options to transition more smoothly from G4 to H1B?
2. Can they apply for a GC after I have an H1B approval?
If you are subject to the quota, I cannot think of how you can start earlier than 1st October, unless you have unique skills or circumstances. Once on H-1, you are like anyone else. Your green card can be filed because you would already have waived your privileges and immunities.
These Questions & Answers address the automatic extension of F-1 student status in the United States for certain students with pending or approved H-1B petitions (indicating a request for change of status from F-1 to H-1B) for an employment start date of Oct. 1, 2010 under the Fiscal Year (FY) 2011 H-1B cap.
A: The cap is the congressionally-mandated limit on the number of individuals who may be granted initial H-1B status or visas during each fiscal year. For FY 2011, the cap is 65,000.
The H-1B Program
U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields, such as scientists, engineers, or computer programmers.
For more information about the H-1B program, see the link to the left under temporary workers for H-1B Specialty Occupations, DOD Cooperative Research and Development Project Workers, and Fashion Models.
U.S. Citizenship and Immigration Services (USCIS) announced it continues to accept H-1B nonimmigrant petitions subject to the Fiscal Year 2011 (FY 2011) cap. USCIS will monitor the number of petitions received for both the 65,000 general cap and the 20,000 U.S. master’s degree or higher educational exemption.
USCIS has received approximately 13,500 H-1B petitions counting toward the 65,000 cap. The agency has received approximately 5,600 petitions for individuals with advanced degrees.
I am working in US with L1B Visa from company A, now I have my H1 petition approved from the same company had applied to me before I had L1B. Now is it possible for me to change my Visa status from L1B to H1, if yes then what are the situations under which I will be able to change as I am planning to change the company.
You will need to apply for an H-1 through the employer you wish to join. You should be able to apply for a change of status as a part of that process.
I am on J-2 visa. This is likely to expire soon due to my spouse changing her visa from J-1 to H1.I want to apply for H4 if I can travel outside USA during the application(processing) period.
If you travel during change of status, the request for COS is deemed to be abandoned.
My visa is valid till Sept,2011. I recently changed employers;have received my approved I-797 from the new employer.Iam planning to travel to India in May,2010. Do I need to go for re-stamping? Shouldn't the employer name on my visa and my I-797 be the same? If not,then what all documents should I be carrying with me to show to the Immi officer at the Port of Entry? Should the employer name on the visa match the employer name in my I-797? My visa is valid till Sept,2011. I recently changed jobs and my I-797 from the new employer has the new employer's name;however my visa has the old employers name.
Some of my friends filed H1B through a Consulting company. They gave 1.5-2K USD each. All of the cases were rejected for some unknown reason. Now, that consulting company is not giving money back. Where should they file complain?
The consulting company's mother company is listed in Bombay stock exchange.
If the company is in USA, you will file complaints with ICE and Wage and Hour Division of Department of Labor. If in India, I guess they will file a police complaint.
The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs.
For more information about the H-2B program, see the link to the left under "H-2B Non-Agricultural Workers."
My H1B got approved in Oct 2005 but I entered US in July 2006. Now 6 Years H1B Validity Period begins from the H1B approved date(Oct 2005) OR the day(Jul 2006) I entered this country.
H-1B count down starts from the date of entry.
OASP News Release: [05/13/2010]
Contact Name: Lina Garcia
Phone Number: (202) 693-4661
Release Number: 10-0563-NAT
Online advisor clarifies rights and responsibilities under H-1B visa program
Documents to submit at VFS office:
If you are applying for a regular H or L visa, please submit the following documents 4 business days prior to your appointment date at the VFS office located in Hyderabad.
The elaws Advisors are interactive e-tools that provide easy-to-understand information about a number of federal employment laws. Each Advisor simulates the interaction you might have with an employment law expert. It asks questions and provides answers based on responses given.
Both employees and employers can benefit from elaws.
The H-1B Program
U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields, such as scientists, engineers, or computer programmers.
For more information about the H-1B program, see the link to the left under temporary workers for H-1B Specialty Occupations and Fashion Models.
How USCIS Determines if an H-1B Petition is Subject to the FY 2013 Cap
The Department has published in the Federal Register a notice announcing an amendment to the Appendix B.1 of the ETA Form 9142, Application for Temporary Employment Certification. The amendment reflects an employer's obligation to pay a prevailing wage determined under the new prevailing wage methodology promulgated by the Wage Methodology for the Temporary Non-agricultural Employment H-2B Program Final Rule, which published in the Federal Register on January 19, 2011, and applies to wages paid for work performed on or after January 1, 2012.
My husband has changed his job and his H1-B is being transferred. I am on H4 visa with valid stamp till 04/30/2012
My questions :
1. Do I have to also apply with him for H4 transfer ? Or should I be able to contd on valid status as my current H4 visa is valid ?
2. If I have to travel out of the country , can I travel with my current H4 visa stamp ? or should I have to re-stamp it with my husband's new I-797 for new company ?
Your current H-4 status and visa remains valid and can be used for travel. Each time, your husband changes jobs, you do not have to apply for H-4 until the time the H-4 is about to expire.
Due to the time-sensitive nature of agricultural work, U.S. Citizenship and Immigration Services (USCIS) expedites all H-2A “temporary or seasonal agricultural worker” petitions. However, some recent H-2A petitions have experienced unexpected delays due to Requests for Evidence (RFEs) resulting from the use of the Validation Instrument for Business Enterprises (VIBE).
I have come here with my husband who is on L-1 visa. I have L-2 visa. What work opportunities are there if I have no EAD. Second,I have gone to the office to get SSN. But the lady there told me that I don't require that and they refused to give me.What could be the reason I didn't get that. Can I apply for EAD if I don't have SSN? I'm here in US for 6 months. I want to work as I have done my MBA.
I am working in USA on my H-1B right now and my wife is on H-4B. My H1 is valid until 2013. I am planning to leave my job within next few months. After that, we want to visit entire USA for few months before I go back home. Can I change from H-1B(for myself)+ H-4B(for my wife)or B-2 Visitor for both?
You can and should apply for B2 for both.
I am currently on H-4 (my visa expires 31st sept, 2010). I am 23 yrs old. I understand that the laws states that over 21 you are no longer on H4 visa. But in my case the immigration has issued me the visa for the date mentioned above. How do I go about ?
The general rule is - we should not try to take advantage of an error made by the govt.
I am employed with H1-B and EAD. My wife has EAD through my petition. She is looking into working as an Independent Consultant (Self Employed). Is she allowed to be IC under EAD?
I see no issues at all with the derivative beneficiary being self-employed on EAD.
We have used the services of Mr. Rajiv S. Khanna for H-1B Visas for over the 10 years and found him to be reliable and up to date with latest information/regulations. All our cases have been successful and he has knowledgeable and courteous staff.