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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.

H-1B visa transfer before arrival into the USA

11 months ago By Chief Editor
Question details

This is regarding the H-1B transfer from India before working for Employer.

I have the H-1B visa stamped with employer A, but now I want to transfer the H-1B to Employer B. I have not yet entered the USA and I have not started working for employer A.

Can I transfer the H-1B visa to new Employer B, and what are the mandatory documents that are required?

Also, I wanted to know if the pay slips are mandatorily required for H-1B Transfer as I don't have any. Looking for more details about pay slip requirements.

If I can transfer my H-1B to Employer B, then should I travel to the USA and then start the process or should I do it from India?

 

FAQ Transcript

Yes, you can transfer your H-1B visa from employer A to employer B even if you have the visa stamped with employer A and haven't entered the US. Pay stubs are not mandatory for this transfer, and you can travel on the old visa stamp with the new employer's H-1B approval. However, it's advisable to consult with H-1B lawyers before traveling. Ensure you obtain the H-1B approval from the new employer before entering the U.S.

 

Recording for November 30 2023, Conference Call with Rajiv S. Khanna

12 months ago By Chief Editor

Nonimmigrant Visas

Green Card

FAQs: H-1B visa transfer before arrival into the USA|| Employee paying for green card and H-1B premium costs || Using an old H-1B visa stamp of a different employer

Handling a temporary break on the H-1B visa: Transitioning from work to school and back

1 year ago By Chief Editor
Question details

I am working on an H-1B visa, and I want to leave my job and join full-time school for a couple of years. I want to start working again using my same H-1B visa when my studies are completed. So, how can I do that by staying within the U.S.?

 

FAQ Transcript

If you have been through the lottery once, you're exempt for the next 6 years. You can go back and resume H-1B without worrying about the lottery. H-1B eligibility is based on your qualifications and job requirements, irrespective of your specific job role.

 

Working outside the United States on H-1B visa and the implications for remote employees

1 year ago By Chief Editor
Question details

Is there any legal limit on how many days a H-1B employee can work outside the  United States? A quick search around forums, I came across 30 workdays to 60 workdays being the limit BUT it was a comment from someone and hence unreliable.

My workplace in the USA is my home, I am fully remote and LCA filing has Place of Employment Information as my home address in the USA. I got picked on H1B just this year and I have been outside of the States since the 23rd of September. My H1B obviously started on Oct 1st and I have a situation here at my home and only planning to return in the middle of December. I had/have some days of leave/vacation in October and November. So, won't be fully working. I counted the days that I will work till mid-December, and it summed up to about 42.

 

FAQ Transcript

If your salaries are consistently paid, you can work outside the U.S. without any issue. This time spent abroad doesn't count toward the six-year H-1B limit. There's no legal limit on the number of days for remote work. Your fully remote status is supported by the LCA designating your home as your workplace. If you've been outside the U.S. since September 23rd and have specific concerns, please see an immigration lawyer’s assistance.

Recording for November 16, 2023 Conference Call with Rajiv S. Khanna

1 year ago By Chief Editor

Nonimmigrant Visas

Immigration Law

Green Card

FAQ’s:

  • Working outside the United States on H-1B visa and the implications for remote employees
  • Handling a temporary break on the H-1B visa: Transitioning from work to school and back

Other:

What is a 212(a)(6)(c)(1) refusal of visa?

1 year ago By Chief Editor
Question details

My entry into the United States was denied a few months back, and my H1B visa was canceled saying that I need to re-apply for a new visa and I agreed to that. A few days back I attended an interview on H4, but the interviewer was asking about the canceled visa and gave me a refusal worksheet Section 212(a)(6)(c)(1). I'm wondering what's happening here, could you please help me with this?

 

FAQ Transcript

Having a 212(a)(6)(i) denial, which is related to fraud or misrepresentation in obtaining an immigration benefit, is a severe issue because it results in a permanent ban from entering the United States. This can occur in various situations, such as visa applications, petitions, or misrepresentation at the airport, involving both written and oral misrepresentations.

The problem lies in the fact that this ban is permanent, and obtaining a waiver is complex and challenging. The availability of waivers is limited, making these cases extremely difficult to resolve once you're caught in a 212(a)(6)(i) situation.

 

Recording for October 19, 2023 Conference Call with Rajiv S. Khanna

1 year ago By Chief Editor

Immigration.com

Nonimmigrant Visas

Green Card

FAQ‘s:

  • EB-2 vs. EB-3 visa filing: Pros, cons, and priority date considerations || What is a 212(a)(6)(c)(1) refusal of visa?

Others:

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