H-1B Visa

H-1B visa is reserved for "specialty occupations." Those that require a at least a bachelor's degree in a specific subject or closely related subjects.

How to get H-1B approved for three years, not shorter duration

5 years ago By Chief Editor

Question details

1. I got my H1b approved for a period of one year only and expires on Oct 27th, 2019. I work through a consultancy. Any precautions I can take in the future which can help me getting the H1b approved for 3 years in the upcoming H1B extension after Oct 27th, 2019. 
2. Any particular documents needed for getting the H1b approved for 3 years? 
3. If I go for stamping, do I need to be careful with social media at the port of entry? Any tips or recommendations you can give with reference to social media during port of entry? 
4. My EB2 priority date is Feb 4th, 2015 and I'm planning to marry a girl who is a Nepal citizen and she's on OPT right now. Can I move my priority date to EB2 Nepal category after marriage? If yes, what would be my next steps - how soon can I file for I-485 interview?

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FAQ Transcript

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Texas Service Center to Begin Accepting Form I-129 for Certain H-1B Petitions

5 years ago By Chief Editor

On May 20, 2019, the Texas Service Center will begin processing Form I-129, Petition for a Nonimmigrant Worker, for certain H-1B cap-exempt petitions requesting:

USCIS Completes Data Entry of Fiscal Year 2020 H-1B Cap Subject Petitions

5 years ago By Chief Editor

USCIS has completed data entry for all fiscal year 2020 H-1B cap-subject petitions selected in the computer-generated random selection process, including those selected under the U.S. advanced degree exemption. As in previous years, USCIS will now begin returning all H-1B cap-subject petitions that the center did not select and will issue an announcement once USCIS is done notifying petitioners.

Options to Stay in the USA After Expiration of H-1B

5 years ago By Chief Editor

Question details

1. I am currently in H1-B more than 10 years in the USA and I have approved I-140 priority date Mar 2011 - EB2. My current employment is getting over in 3 weeks. And my current H1-B and I-94 expires in mid-August 2019. My question is if I am not able to find another job within my H1-B and I-94 expires on Mid August 2019. What are the options available for me to legally stay in the USA after my H1-B and I-94 expires? I have own house. Is there an exceptional case we can file GC EAD?

2. Without a job how many days i can stay in USA before my I-94 expires using I-140?

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FAQ Transcript

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May 9, 2019, Recording of Free Community Conference Call (Every Other Thursday)

5 years ago By Chief Editor

Immigration.com

Community Conference Call

Nonimmigrant Visas

Green Card

Substantial transcription for video

Discussion Topics, Thursday, May 9 2019:

FAQ: Traveling while H-4 and EAD is pending || Working for two employers on EAD

Other: Visitor visa extension || Cross Changeability in EB3 || Port old Priority date || Re-enter on H1B before the EAD/AP is adjudicated || Premium processing for EB2 I-140 petition for national of India

H-1B furlough or temporary lay off

5 years ago By Chief Editor

Question details

1. I am a dentist practicing in California, was working for FQHC ON H1 since 2017. I got temp layoff. As per HR they said placed on unpaid leave. My present status OK or am I on my 60 day grace period? 2. H1 Visa expires JULY, I was told they cant renew my visa until I return to work . How soon or late I have time to apply.

FAQ Transcript

1. First of all the 60-day grace period only begins if you have been terminated from employment. More important for your purposes is that they have to tell you (doesn't have to be in writing) that they are terminating your employment. If they don't tell you they have failed to terminate your employment, so there's no question of a 60-day grace period. You can file a complaint with the Wage and Hour Division (WHD) - US Department of Labor. They will get the money for you.

2. In order to continue working and be in status your H-1B must be received by the USCIS before your current H-1B expires so your deadline is to get the physical filing over to the USCIS before your current status expires.

Multiple Years of CPT

5 years ago By Chief Editor

Question details

My employer has filed my h1 and asked for a change of status with H1 filing and got an RFE(As i am filing from CPT-F1 to H1) relating to
--Maintenance of Status 
--CPT Related 
--Multiple years of CPT at the same Education level

The lawyer is asking me to change from Change of status to Consular Processing and go to India and stamped and come back.

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Video Transcript

FAQ Transcript

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April 18, 2019, Recording of Free Community Conference Call (Every Other Thursday)

5 years ago By Chief Editor

Immigration.com

Community Conference Call

Citizenship and Naturalization

Naturalization

Nonimmigrant Visas

Green Card

Form I-485

Substantial transcription for video

Discussion Topics, Thursday, 18 April 2019:

FAQ: Multiple years of CPT|| Options to stay in the USA after expiration of H-1B ||How to get H-1B approved for three years, not shorter duration ||Issues related to tourist visa/business visa (B-1-B-2) extensions ||

Other: H4 EAD expiration ||Green card interview for inter-filing cases ||Stay in the USA while I 485 pending||limitations on working beyond 240 days on H-1B extension pending ||How is the priority date determined? ||The law on Supplement J||Delay in getting physical green card after approval ||What can trigger deportation?||N – 400, naturalization issues

USCIS Completes the H-1B Cap Random Selection Process for FY 2020 and Reaches the Advanced Degree Exemption Cap

5 years ago By Chief Editor

On April 10, USCIS used a computer-generated random selection process to select enough H-1B petitions to meet the congressionally-mandated regular cap and the U.S. advanced degree exemption for fiscal year (FY) 2020. After completing the random selection process for the regular cap, USCIS also determined that it has received a number of petitions projected as sufficient to meet the 20,000 H-1B visa U.S.

USCIS Reaches FY 2020 H-1B Regular Cap

5 years ago By Chief Editor

USCIS has received a sufficient number of petitions projected as needed to reach the congressionally-mandated 65,000 H-1B visa regular cap for fiscal year 2020. USCIS will next determine if the center has received a sufficient number of petitions to meet the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap.

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