NOT A LEGAL ADVICE, USE OF INFORMATION AT YOUR OWN RISK.
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.
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.
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