A collection of various H1b situations and the Questions asked by H1B visa holders. We have answered most of them, please come back as we will update this page everyday.
Q: I'm planning H1 transfer to a new company. My last pay stub is from March 2010 (since then, I have been on leave, partly for medical reasons). My employment has not been terminated. Visa is valid until 2012. Can I do safely transfer to a new company ?
Can I use pay stubs from March and/or medical reasons (statement from the company with doctors note) to explain my status? I traveled abroad recently for 2 weeks and just got back. Now I'm fine and ready to change the company.
A: Yes, why not. That's perfectly legal. You may go on Vacation, Leave without being paid. As long as you maintain a relationship with your Employer by sending a written request and your employer approves the same.
Q: Who has to pay h1b related fees? employer or employee? Can employee pay this fees in this recession to get the job?
A: Employer always pays the Fee. Recession ended in 2009.
Q: My H1b visa got stamped in July 2008.But i came to US in May 2010. My spouse attended for H4 visa stamping in Hyd consulate in mid of August 2010. VO after going thru all the documents ,said that your husband I797 status is in revoked state.They took her passport and asked her to mail the latest I797 as you might have missed that document.Once we receive the document we will send your passport in a week days time. When i contacted my employer ,i came to know that my I797 got revoked automatically in April 2009 and they have sent a mail to USCIS that they haven't revoke my I797 and they receive one more I797 in september 2009. So we have sent the latest I797 date september 2009 to consulate mail id. They called my wife and said that still the status of I797 is showing revoke.
Send us the update one.i have updated the same to my employer .They contacted the immigration department and they said that they are working on it and will get back in 3 working days. It was almost more than 2weeks.
A: If the H1B is revoked, they can never get back to you in 3 days. This Employer may have revoked your H1B in error. USCIS performs an administration revocation if any fraud is involved. You must move your H1B ASAP.
Q: I have been issued a 221g Green form at New Delhi Consulate. This is my first visa stamping experience. He ticked on all the check boxes.End client letter, internal project description, submit client letter, wage reports, w2 forms, notarized list of employees.My employer has told me not worry and said they will give me all the required documents. I want to know if my employer gives me the required documents and we submit them in 8-10 days. How much time on an average does it takes for the US Consulate to process the case at their end? My visa stamping is already delayed I was supposed to get it done last year(recession.... _. Now this additional delay is happening. Please advice and share your experiences with me.
A: Usually it takes 1-6 Months
Q: I have a question regarding H1B Visa transfer. I came to US in 2007 to pursue a Masters degree from a very reputed university on a F-1 visa.
In 2008 a company gave me an offer to do an internship during summer of 2008. I submitted this offer letter to the Office of International Education and got the CPT authorization. For some reasons this company told me they were having difficult times with the bad economy and therefore will not be able to continue with the internship.They didn't send any letter
regarding this to the university. Therefore I just stayed at home during summer of 2008 and didn't do anything. In fall of 2008 I got a fulltime offer from Another company B thru which I got my H1B visa sponsored in 2009. I am right now on H1B and have visited india couple of times after that with last month being the latest. I have secured an offer from another company C which is a big online retailer and they are in process of Transferring my H1B. Is there a way there can be any complications to my visa transfer due to the CPT issue?
A: CPT is Optional, no issues with H1B Extensions. I am sure you maintained your F1 Status, your CPT employment may be unpaid too.
Q: My H-1B document I-797A was approved by the California USCIS centre on August 09, 2010, about 5 days before the expiry of my driver's licence. When I took the documents to the DMV office, they did not renew my licence and said that the information is not showing up in their records. Today it is 21 days without the licence. I have contacted several people, but still don't know what exactly they want. Did anyone had similar experience and what did you do?
A: Go to the local USCIS office and ask for a Letter to DMV. Make sure you carry all documents and explain the officer about the problem.
Q: I am holding an H1B visa with my current Employer. My H1-B visa stamp expires on May 25th 2011. My I-797, H1-B is valid through September 30th 2011 and the I-94 card. At the moment, I would like to move to CA to find new H1B Employer and get an H1-B Transfer. If I transfer employment to employer after MAy 25th 2011 and before September 30th 2011, will this be an h1-b transfer or is it a new h1-B or apply for h1b extension?
The validity of your H1 is determined by the I-797 approval notice and the I-94 that came with it. If the H1B Approval notice states that the visa expiry date is 30th September 2011, that means that you can work for your current employer until that date.
Q: I was on H1B visa in my old company until June 30, 2010 (I-94 expired June 30, 2010). I got a new job and I applied for new H1B with intented employment start date as July 1, 2010 . The USCIS received my H1B premium processing application on June 24, 2010. I got I-797 finally on July 7, 2010 instead of July 1, 2010. I started working from July 7, 2010.
My questions are :
1. Am I allowed to stay in USA legally from July 1 till July 6, 2010 ?
2. Am I allowed to work under portability from July 1, 2010 till July 6, 2010
A: 1.Yes, as you had a case pending - This is called 'Status provided by the Attorney General"
2. You may not. Portability applies only when you have a valid I-94 and you move to a new Employer. The bridge petition allows you to work.
Q: I have been on H1B since Dec 2003. So this is my seventh year on H1B based on a I-140 approval petitioned by my current employer.But my employment is in danger now. If I switch employers now, what does the new company have to do to transfer my H1B? How does it affect the green card process?
A: You may switch H1B with the I-140. However, ask new Employer to file a new PERM labor, and Port I-140.
Q: I work for Infosys. Direct employer in Pune. I am working for a US client for which Infosys has a contract with for 5 years. Now i have to go for stamping in September end. What will be the client letter in this case.Will the client letter be considered as from Infosys or the US Client which is the client i am working with.Infosys is going to pay me.
A: You need to get a Letter from the End/Actual Client NOT Infosys, even though Infosys is paying you.
Q: As we are aware that H1B cap for 2011 is still available (till 28th August cap reaches 34,900 count) and my current employer is planning to file my paper for the same, but my question that if we file my case say on 10th September, 2010 then how soon i'll get H1b stamp if everything goes fine? If its take say 2-3 month, then is it good idea that first i will travel through B1(which may requires 2 weeks to get process) and then apply for H1B (ideally after 2 months as rejection rate is less) but here my biggest fear is that if by that time if H1B cap get filled then what will happens, will i still eligible to get H1B? So finally please guide me whether i will wait and directly go with H1B visa and for time being go with B1 visa and then file H1B? and how good is the H1B premium processing in my case?
A: You better try for Premium Processing after Travelling on H1B so you can start working right away.
Q: I am working for company A on L1b and company B has filed a h1 petition with coS. If it gets approved (with the new i94) by Sep17, I am planning to submit my resignation by 20th giving them a two weeks notice. My question is: Is it possible for the L1 company to cancel the l1 between 20th and october 1. If they cancel, will the COS become inactive? Can I still join Company B on Oct 1 (even if company A cancelled my l1 before oct 1), without having to get the visa stamped by going to my home country? Will this situation force me to go to home country for stamping?
A: 1) You must maintain status until Sep 30, (Make sure your Employer filed a COS to begin 10/01)
2) You better resign on 30th of Sep to maintain Status - Else, you will be off status for 10 Days
3) If it is a COS and your H1B Comes with a new I-94, you don't have to go for stamping. You can work, if you need to travel, you need an H1b visa Stamping. Good luck!
Q: If the H-1B worker has H-1B status from an employer and will continue to work for that employer while commencing new employment for a second employer, the second employer must file an H-1B petition requesting extension of H-1B status of the worker. However, they also specifically say that, it has to be an extension but not a transfer. When a second employer files an H1B, do they have an option to choose between H1B Transfer and H1B Extension? Are they different?
Q: My employer has hired me as a full time employee. It says so on the offer letter. But on the H1B I-129 application, they have written 'part time' employee working for 25 hours a week. Even the LCA says part-time in the papers. Will this be an issue when I go to get the visa stamping? Also, this is my only project that i got as of now. So, is there a min. number of hrs,
I need to work while on H1? Is 25 hours legally approved?
A: You may need an offer letter as Part-Time. There is no limit of work hours under FLSA (Fair Labor Standards Act). You should not have any problems at Consulate if you are working 25 Hours and it's perfectly legal.
Q: My H1 transfer to another company is approved. Now, I don't like move from present employer, though my H1 has been transferred, can I continue with my current Employer?
You may continue to work with your present Employer even though H1 transfer has been approved. You may inform the other Employer that you will not be accepting the transfer due to personal reasons. You may continue to work for your present employer as long as you have not reported for work with the new employer that applied for your h1-b visa transfer.
Q: I am holding an H1B visa from a Non-Profit Employer. Here are my Questions: I have a job from a FOR-PROFIT Employer, am I considered into the quota?
It depends - If you got your previous H1B under non-profit quota (there is no quota actually), you are subject to quota when a for-profit company files your h1b. Please check with your present employer, if they filed when the regular quota lapsed.
Q: I just checked my status for H1b online, it says they have approved my petition. My employer had told me that he hasn't received any e-mail from USCIS, also she said they might have approved the petition for 1 year, so has anyone received approval for 1 year? Is there any option to check it online whether they have approved my petition for 1 year / 3 years?
A: Wait until you get the original. Employers get emails only for Premium Processing. Employer will know the duration of approval only when they receive the original for regular processing. If the employer said one year, they may have requested only for 1 year or USCIS approved only for 1 year based on your Client project.
Q: My company applied for my H1b extension through regular processing in the month of March. The receipt date is 22nd March '10. My file was submitted at the Vermont service center. I had completed only few years on my H1B. The case status still says "Initial Review". Do anyone know how long it takes for the approvals to come through these days? The average processing time in the USCIS website says it is 2 months. But it's been more than 3 months now and there is no progress yet. Is it taking longer time now for the approvals to come through?
A: It is taking little longer now. If you are in an urgency, ask Employer to upgrade to Premium Processing.
Q: My husband worked for State University, his H1B expired May 14 2010. He has changed his employer to University of ABC, starting August21. His new employer has filed H1B petition before May 14 but the request to extension of stay was denied. now he became out of status and need to go to Canada to get new I-94. Is the trip to Canada necessary? Is there any other way to get the I-94?
A: No other way,He must go to a Consulate, he may have to go to home country for stamping. As he may not get a canadian visa, if he is still here in the United States, he is overstaying and may result in a 3 Year Bar.
Q: I have a fulltime job with company A in India. I received a job offer from company B in the US, for an IT consultant. Now, Company B filed for my H1B visa, which is approved. I have taken an appointment at Chennai consulate for stamping. Now, company A in India, does not want me to resign and said, we will file an "H1B Transfer" and send me to their US offices.
I have never worked for Company B and I am still in India. Is it possible for me to still get H1B transferred to Company A?
A: You cannot transfer the H1B to Company A without first stamping the visa and traveling to USA. You will have to re-stamp for Company A before you Travel. You may enter the US and work for Company B for at least 3 months before the H1 visa can be transferred. Your h1 transfer petition can be be requested only if you have 2-3 pay stubs from Company B.
Q: The petition was sent and received on 18th Aug 2010 under premium processing. Got receipt on 19th Aug 2010 and website for Vermont Service Center shows Acceptance ( the first step). There is no update since then. It is direct hire. 15 Calender days would end on 2nd Sep 2010. Still no update means RFE?
A: They will definitely update either with an RFE or Approval. If 15 Days have passed, ask Employer/Attorney to send a mail or call the USCIS. They even refund the $1000.00 if the case is not adjudicated in 15 days.
Q: I came to US on H4 and converted to H1 in 2007. H1B validity is upto Sep 2010. I want to convert to H4 due to personal problems. My Question is:
1.What documents are needed for converting from H1 to H4 from my side and from my spouse?
2.Can i apply online myself or I have to post documents to USCIS?
3.Can I apply without attorney as I maintained my status as of now and also having all payslips. Any idea about the attorney fee?
4.IF I apply online how the documents will be sent to USCIS like payslips, spouse H1,....?
5.Do i have to specify any reason?
6.Suppose if I apply for COS on Sep 15 and USCIS recieved on Sep 15th then what will be the last of my H1B. Is it Sep15th? Please correct me!
A: 1.What documents are needed for converting from H1 to H4 from my side and from my spouse?
You need your paystubs and spouse's paystubs. Apart from that, your I-94, spouse's H1B/I-94, Marriage Certificate.
2.Can i apply online myself or I have to post documents to USCIS?
Use form I-539. It's easy.
3.Can I apply without attorney as I maintained my status as of now and also having all payslips.
Any idea about the attorney fee?
Yes, you can apply. If you need a cheaper service check Hotvisas.com. About $150.00
4.IF I apply online how the documents will be sent to USCIS like payslips, spouse H1,....?
Send a physical form. If you apply online, you need to print receipt and mail documents. (I do not know if they still have I-539 Online)
5.Do i have to specify any reason?
Nope.
6.Suppose if I apply for COS on Sep 15 and USCIS recieved on Sep 15th then what will be the last of my H1B. Is it Sep15th? Please correct me!
September 15th. You are right.
Q: I am planning to go to Mexico for my H1 stamping, but i have some doubts regarding my W2. In 2009 i was in USA only for 5 months (Aug - Dec). So my W2 for 2009 shows less salary. I was out of country for some personal situation. I have all the paystubs of 2010 till date. My W2 for 2008 is ok, it does have full salary. I also changed my employer in May 2010 (which is a good/big financial company). I also got my H1B approved from this new company till 2013. Now my question is that, as my W2 shows less salary for 2009, will it be an issue in stamping? Could it be a reason in rejection/cancellation of my visa if i go for stamping in Mexico?
Should i go for stamping this year or just wait for another year, so that i will get W2 for 2010 and then go for stamping?
As a side question, is it advisable to go to Mexico for stamping in this situation or should i go to my home country (India)?
A: You should be ready to explain the Visa Officer, that you were not in the Country and you are not required to receive pay. You should be good, it is not required to maintain status with pay when you are not in the United States.
You may go to Mexico, it's easy.
Q:I am planning to attend my interview for my H1b Visa Extension in Hyderabad, I don't see any dates in Hyderabad for september. I'll be in India from Sep 5th to Oct 1, since I stay in Hyderabad I want to attend the interview there. I heard that there would be agents who book the appointment dates if we provide them with basic details, can someone help me with any of such agent details.
A: This agent thing may not be legal. Don;t get into trouble.
Q: I got laid off in March from Company A. Then consulting Company B filed a transfer petition for its third part client. Company A filed termination on my H1B. The transfer got denied for the non-existing employer-employee relationship. Company B filed an Appeal. Now the case is pending in AAO.
I have three questions:
1. Have I legally stayed in US before getting the decision from Appeal?
2. Company B is willing to reassign me to its direct client and want to file another transfer. Can company B do this? Should I go out of US to get a new visa stamp if approved?
3. Can I go back to Company A? How should company A do to bring me back after it revoked my H1B?
1. Have I legally stayed in US before getting the decision from Appeal?
yes.
2. Company B is willing to reassign me to its direct client and want to
file another transfer. Can company B do this? Should I go out of US to
get a new visa stamp if approved?
Yes. You may not have to go for stamping, if USCIS approves an extension of stay with an I -94
3. Can I go back to Company A? How should company A do to bring me back
after it revoked my H1B?
They have to file a new H1B too.Same story!
Yes, you can transfer H1B Visa and join our Company. The H1B RFE will have no affect as you are in L1 Status.
A: We can process H1B Transfer with the Receipt Notice, using that as a Bridge. We can get an I-94 extended; you may not have to go to home country.
2) If I waited for my extension approval but if it is denied before applying transfer, still is it possible to apply for H1 transfer to your company with same H1 cap before leave to home country?
A: If your present H1B is denied and we apply for a transfer; you will not get an I-94 and you will have to travel and get a visa stamped at the Consulate. If you feel that the present pending extension may be denied, you must act quickly.
3) If my H1 transfer is applied in premium while extension in progress and approved before extension, but if my extension case with my employer is denied, will it affect transfer approval (w/ I-94 extended)?
A: It will not affect the new H1B, as we have filed when it is pending. You will remain in status
Question: i have a question regarding i94 expire: my wife applied for h1 transfer the case is still pending with supported RFE, and i am on dependent i mean H4 status, my i94 is expired 22 nd sep.i sent application for 1-94 extension with my wife petition
Answer: You are not out of status. If the Principal H1B is denied you will be out of status.
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