H Visa

H-1 transfer during pending extension

Question details

My H-1 extension with the current employer is applied and is pending. My current H1 expires on 25th. If I apply for a transfer to another employer after 25th Sept., then is it necessary to have approved both extension and transfer in order to work with new employer, because I file transfer after my expiration of current H1?

If, by the time your second H-1 is approved, the first H-1 is not, USCIS can approve the second H-1 only without an I-94.

Guestbook Entry for A Singh, United States

Name
A Singh
Country
United States
State
OK
Comment

I had an accident and am on disability while my green card adjustment of status application ( form I-485 ) has been pending for over 4 years. My I-140 had been approved about 5 years back but my case has been caught up in the visa backlogs at USCIS and Department of State. I wanted to know if there was any provision for help in the immigration laws, in case I am sent for long term disability or my employment is terminated before I receive my green card. I learnt that employment and disability are subjects to be discussed with a benefits or employment attorney. The only immigration benefits are via AC 21 or via a private bill. Also, that one should not loose the advance parole anytime while the AOS is pending. I want to thank Mr. Rajiv Khanna for his generosity with time and expert guidance. Over the phone I found him to have a very pleasant personality. he had me feel comfortable and didnt seem money minded at all.

Transfer of jobs under same employer

Question details

I am working for a newspaper in the U.S. as a designer under the H1-B visa. I might be taking up a job as a reporter at the same newspaper in the same location for the same salary. The only thing that would change would be my job profile. What are the USCIS formalities involved in this particular situation? Would my employer have to file a whole new I-129? Would the entire petition process have to be undertaken again?

The employer will have to file for an H-1B amendment. It is like doing an H-1 all over again, but the fees can be a lot lesser.

USCIS Reminds That Certain Fees May Not Be Collected From H-2A And H-2B Workers

As the traditional harvest season approaches, USCIS reminds petitioners that certain fees may not be collected from H-2A and H-2B workers, according to 8 C.F.R. § 214.2(h)(5)(xi)(A) and § 214.2(h)(6)(i)(B). We realize that delays in adjudicating these petitions may affect employers’ ability to place workers in time-sensitive jobs. To avoid delays, USCIS urges petitioners to submit sufficient information regarding their recruitment efforts and the nature of fees collected from H-2A and H-2B workers.