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.

Timely Filing of H-1B Extension

Question details

My H-1B status will expire the last week of January 2013. I cannot file my petition for an extension until after January 1, 2013. Will that be too late to file an extension?

A petition is considered to be timely filed as long as it reaches USCIS prior to the expiration of your current H-1B status.

Guestbook Entry for VRChowdary, United States

Name
VRChowdary
Country
United States
State
Missouri
Comment

I have answered my  H1B Extension RFE with Rajiv's office. They were great in getting the work done and respond back quickly from their side. They will also answer very promptly for any immigration or rfe document related questions. I would like to say specially thanks  to Jagbir... who did a great job on his part and answered all the questions in detail. His timely updates & and his timely emails reminding the timelines are really very appreciable. Thanks for all the effort  --- Venkat

H-4 to H-1 status

Question details

I was in H-1B status for three years, then changed to H-4 status. If I want to change back to H-1, will I need to wait to file under the new quota?

If your previous H-1B petition was counted against the cap, you should not be subject to the quota and should be able to file an H-1B petition at any time. However, if your prior H-1B employer was cap-exempt, you will be subject to the quota.

Performing services in more than one work location

Question details

The employer who is going to sponsor my petition has told me that I will be working in more than one work location. Will USCIS see this as a problem?

The petitioner (your prospective employer) will need to submit a complete itinerary of services or engagements if you will be performing services in more than one work location. Furthermore, the petitioner must comply with Department of Labor regulations requiring that an LCA is filed specific to each work location for the beneficiary.

H-1 Concurrent Employment

Question details

If I am applying for concurrent employment on H-1, can I extend my status based on my new employment, or can it only be for the time I am already approved for?

You can extend your time, assuming that you would be otherwise eligible for an extension of status.

Guestbook Entry for N, United States

Name
N
Country
United States
State
PA
Comment

Mr Khanna and his team are doing an amazing job helping me with my green card process. Rajiv's immense experience and the depth of his knowledge on immigration matters answered all my queries. It also helped me looking at things with a better understanding of immigration related rules. He and his team are courteous, knowledgable and thoroughly professional.

Adjustment of Status from H-4 to H-1

Question details

I may be travelling US on H-1B next year with my spouse on H-4. Is there any possibility to find a job in US for my husband through H-1B sponsor by some consultants and how much risk is involved in this?

As long as there is quota remaining on the H-1B, the law permits change of status from H-4 to H-1. And, if the H-1 is denied, that does not affect the existing H-4. So, no legal risk that I can see.

Subject to the Quota

Question details

An employer applied for an H-1B for me two years ago under the quota and it was approved, but then I was unable to come to the U.S. to start the job. Can another employer apply for an H-1 for me now, or will I be subject to the quota again?

You should not be subject to the quota, because you were granted an H-1B approval before.

Guestbook Entry for Narendhiran Nagarajan, United States

Name
Narendhiran Nagarajan
Country
United States
State
H1B
Comment

I have filed my new H1B and H1B amendment with Rajiv's office. They were great in getting the work done and respond back quickly on their side. They will also set up conference call with Rajiv directly for any immigration questions. Anna and Fran did a great job on thier part and answered all the questions in detail. Thanks, Naren.

H-1B Extension

We were retained to file H-1B extension for the job title of Manager, HR and Training Operations [SOC (ONET/OES) Occupation Title of 11-3131 Training and Development Manager]. USCIS questioned that the job does not qualify as specialty occupation because the position falls within the category of HR Managers, and, as such, no specific degree or education is required to train for the position of HR Manager.

Nonimmigrant Visas

Profession/Occupation