Frequently Asked Questions - H-1 Visa

Reasonable maternity leave should be considered "in status" period, so pay stubs should not be needed.

a. No effect on your AC21 right, but you cannot extend future H-1 (if you need them).

b. Oh yes.

It has to be "activated." Note that under the circumstances reentry and hence "reactivation" is likely to be difficult.

A1. You can consider going back to school or B-1/B-2 status. There is information on our blog on B-1/B-2 to maintain status.

A1. Yes. In my view, that obligation continues unabated.

It is possible to apply for an H-1 transfer with USCIS, provided the H-1 holder is maintaining legal status and fulfills all the requirements.

All H-1Bs are employment, employer and location specific.  Therefore, it is necessary that an H-1B amendment be filed with USCIS if there is any change of location.

1. H-1 cancellation (revocation) is not automatic, but the company would have to be extremely ill-informed not to revoke the H-1. They must.
2. You can revert back to H-1 from H-4. You will not be subject to quota.
3. The same time as a new H-1. Apply premium if in a hurry.

When the RFE response is submitted to USCIS, a request to upgrade the petition to premium processing can be submitted along with the response.  In order to upgrade to premium processing, a new Form G-28 and a Form I-907 will need to be prepared and sent to the employer for signature to be submitted to USCIS with the request to upgrade to premium p

If you came in and actually worked for company A for a while, and you have never been out of status, you should not require a new visa stamp.

There are two parts to your question. Are you subject to H-1 quota? The answer is no, not until you have been physically outside USA for a year. Even after that, you may have the "remainder option." Second, can you use the same visa stamp to travel?

No making up please, unless federal prison is a part of our career plan. B-1 in lieu of H-1 is uncertain, but you can keep trying extensions. If the new law for comprehensive immigration reform passes, things could change drastically.

According to USCIS, "Usually, customers can expect to receive their receipt notice within 30 days of delivery confirmation. However, due to an unexpectedly high volume of I-129 petitions, it may be an additional two to four weeks before customers receive a receipt notice."

If the beneficiary is not subject to the quota, you can file an H-1B for them at any time.  If the beneficiary is subject to the quota, the new H-1B cannot be submitted to USCIS  before April 1, 2014, with an effective date of October 1, 2014.  We will start working on next year’s quota cases in January 2014.

The company will file your H-1B petition and, after you receive your H-1B approval, your wife should accompany you to the consulate to apply for her H-4 stamping in order to come with you to the U.S. as your dependent.

If you do not initially provide sufficient evidence of an employer-employee relationship and the availability of sufficient specialty-level work for the duration of the requested validity period, you may be given an opportunity to correct the deficiency through response to a Request for Evidence (RFE).  Your petition may still be approved if you provide evidence that a qualifying employer-employee relationship will exist for a portion of the requested validity period, as long as all other requirements are met.  However, USCIS will limit a petition’s validity to the time p

You can submit evidence that you have applied for an extension of your passport along with the H-1B petition.  Such evidence may include copies of any documentation sent for the passport renewal.

You must be married to the F-1 holder in order to be eligible for F-2 status.  Fiances do not qualify for derivative status.

Yes you can apply for H-1 even if you get married to a U.S. immigrant or U.S. citizen.

USCIS has indicated that VIBE allows USCIS to electronically receive commercially available information from an Immigrant Investor Program (IIP), currently Dun and Bradstreet (D&B), about apetitioning company or organization.  This information includes:
•    Business activities, such as type of business (North American IndustryClassification Systemcode), trade payment information, and status (active or inactive)
•    Financial standing, including sales volume and credit standing
•    Number of employees, both on-site and globally

For cases filed with Premium processing, USCIS will issue a receipt notice via e-mail.  Cases filed with regular processing will have to wait until either the receipt notice is sent via USPS (U.S. Postal Service ) or the case is returned by USCIS.

1. You will be subject to quota and USCIS will not accept the filing until one year is over.

2. Being outside for one year does give a fresh start on the L-1 times as well. And, L-1 are not subject to quota.

The evaluation should be done by a professor in the related field of employment.

DOC’s Bureau of Industry and Security (BIS) administers the Commerce Control List (CCL) and is responsible for issuing licenses under the EAR. Information about EAR and how to apply for a license from BIS can be found at www.bis.doc.gov. Specific information about EAR’s requirements pertaining to the release of controlled technology can be found at 

No. USCIS will not deny the petition on the basis that a license is required but has not been obtained prior to the filing of the petition.

No. At this time, USCIS does not require a copy of the export control license as part of the nonimmigrant visa petition process.

For an H-4 dependent visa, qualifying family members include only the spouse and unmarried children under 21 years old.

When an H-1B foreign worker would like to change employers and continue to maintain his or her current H-1B status, an I-129 petition must be submitted to USCIS by the new employer or its representative. The forms in this case will be treated as a new petition and will require the appropriate filing fees.

It is possible. You will have to follow the April-October time frame, except where you apply for concurrent cap employment to run together with your cap-exempt employment.

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

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.

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.

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

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.

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

There is no grace period when you are laid off. You will be out of status from the date your current employment ends. It is advisable to apply for a change of status to, for example, B1/B2, F-1, or H-4.

A petition to extend your H-1B can be submitted for receipt by USCIS no sooner than six months prior to the expiration of your current H-1B, so you could begin the process at any time now.

You must submit evidence of the beneficiary’s educational degree at the time of filing. If all of the requirements for the degree have been met, but the degree has not yet been awarded, the following alternate evidence may be submitted: (1) A copy of the beneficiary’s final transcript; or (2) A letter from the Registrar confirming that all of the degree requirements have been met (if the educational institution does not have a Registrar, such letter must be signed by the person in charge of the educational records where the degree will be awarded).

While it is possible to travel out of the US while the petition is pending, there are significant complications that may arise. You should consult with your lawyers before doing so.

If the employer is exempt from the quota, they may apply at any time. If they are subject to the quota, they can file the H-1B petition to reach USCIS no earlier than April 1, 2013, with a requested start date of employment no earlier than October 1, 2013.

All requirements towards the Bachelor’s Degree must have been met at the time of submitting the H-1B petition to USCIS.

For an H-1B petition filed not using premium processing, it can take from two to six months before a decision is received from USCIS.

It can be a COS. If a successful COS is obtained, there is no deadline on getting a 

You will need to wait (or start another H-1). The employer will receive from USCIS an intent to revoke. They will then have 30 days to respond. Based upon the response, USCIS will affirm or revoke. This process can easily take 3-6 months.

H-4 holders can not use the EAD they received while on L-2. If you can, change to H-1.

In order for you to reset the 6-year clock on H-1, you have to be physically outside USA for one year. You can, however, get H-1 extensions continually for any employer if your I-140 is not revoked by the old employer or by USCIS.

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.

You can switch back to TN. To correct slightly, you do not automatically get switched to an H-4 (not H-2).

You can and should apply for B2 for both.

It is possible if he has the relevant degrees and has a job in his field in USA. The most commonly used visa for professional workers is an H-1B visa.

I do not see any major issue with this as long as 221g was related to your employer, not you.

1. Your H-4 application must reach USCIS before expiration of your OPT (although it could be argued that you have an extra 60 days, but I stay away from having to argue).
2. No different than filing a new H-1.
3. You could have a difficult time entering if cutting too close the end, although, legally you are entitled to it as long as you have a job in your field that you have been performing on your OPT.

1. In my view, no.
2. No. The critical thing is that the work is being performed on US soil.
3. I believe this too would be illegal under immigration laws.

The last time I checked into this issue, you could apply for a concurrent quota H-1 even though you are currently holding an exempt H-1. Location of the employer is not important, location of the job is.

An H-1 can be requested for a job that requires minimally a bachelor's degree. Note that the employer MUST TRUTHFULLY require a degree. If not, you cannot process an H-1.

While a PERM audit or even an appeal against a denial after the audit is pending, you would still be entitled to H-1 extensions beyond six years.

H-1B stamping has been made difficult by consulates. There is nothing stopping you from applying in Canada, but your lawyers need to help you decide what is best.

Personally, I have seen no correlation between premium processing and increased RFE's.

The H-1 can be "transferred" - yes.

Interesting issue. I do not believe there is any law covering this situation, but in my view out of pocket expense reimbursement including food is acceptable and is not a violation of H-1 status.

Having a US citizen spouse should neither hurt nor help your H-1 visa app. H-1B rejection does not mean you cannot apply for H-1 through another company.

Working directly for the end-client eliminates the employer-employee issue usually.

You have no choice. When the job changes substantially, you are REQUIRED by law to file an H-1 amendment. Any lawyer/employer who advises you differently is breaking the law.

She can. For Indian citizens, H-1 and L-1 are two obvious choices.

I am not sure of a separate quota, but remember there is also no bar to also applying for an H-1B as a specialty occupation worker. That quota is still open.

Yes you can. But discuss the details with your H-1 lawyers.

You can keep applying for H-1 extensions indefinitely while the PERM is pending (filed a year ago).

They can file 6 months ahead of the contemplated start date - as long as one year of PERM filing is over by that date. But you might have some gap where you cannot live or work in USA.

You will be exempt from the quota (assuming your previous employer was a private employer - NOT exempt from quota). The new employer will need to apply for an H-1 again.

Merely being out of status is no ground for visa denial in your circumstances. Tell the truth. You should be ok on the status issue.

Yes, we did get this information.

You can apply for H-1 extension 6 months ahead. But the start date cannot be earlier than March 2010 (when the one year pendency/filing of PERM is reached). You can also get an H-1 extension when your I-140 is approved (if your priority date is not current).

I am not sure what you mean by "cost," but I can refer you to what we charge. See if this answers your question: http://www.immigration.com/services-fees/h-visa/h-visa-services-and-fees

I believe the quota for this year is still available. If so, you can start work as soon as as the H-1 approval says you can (usually immediately upon approval). You need not wait till 2010. File through premium processing if you are in a hurry.

I have responded on my blog: http://forums.immigration.com/blog.php?b=214

True. But, TARP alone is not the real issue. I think the economy has been hard on all jobs including H-1. TARP is a factor. And there has been a disproportionately high rate of H-1 denials.

Getting an I-140 filed is your best bet. If you end up leaving USA, see if you can get a job that can get you an L-1, which then leads to an EB1 green card (usually takes about a year only to complete).

You do not "lose" an existing H-1 by filing of a new one.

Read my blog and my article on this issue.

1. I will be going to India and work for my company from India (before October if the H1b gets approved and continue to work from India if H1b is not approved).
Will you guys be able to answer the following questions for me? Is it okay for my company to wire the money (USD) to me monthly as individual consultation expense and will they have to pay any taxes to the Indian and/or US government for that?

There are a couple of issues I want to clarify. The period of payment begins on the earlier of the two events: when the employee presents himself/herself for the job or 30/60 days. DOL considers it to be irrefutable evidence of having reported when a consulting company starts "marketing" the resume (Note also that to bring an employee in without a project has been elevated by this administration to be an indictable offense, which I think is unlikely to stand up in courts).

Bankruptcy should have no effect on H-1 or on future green card. I am not aware of any immigration laws that could cause a problem for you.

1. My story begins like this: I was working for company A, got stamping in May2007(in canada). Came back to US, changed to company B. Got laid off on Feb 27th, 09. In order to have a valid status I got married on Feb 15th and got my H4 legally on March 20th, 09. Two weeks back a miracle happened, got a job through company C and applied for PP H1b, received it last Thursday. Now, I am planning to go to India for a week in June, 09. Tough having a valid H1b stamping prior to the H4-H1, do I still need another H1b stamping?

PS: I do not have H4 stamping.

The degree of difficulty varies from case to case and should be evaluated by the lawyer who processed the H-1.

In my view, getting a visa stamping is no more difficult than it was a year ago. The big difference is the consulate may insist on a letter from the end client, the job site where your son works. Other than that, his stamping should be no more difficult than when he got it the first time. As to the procedure, I suggest you check the consulate's web site. They tend to be fairly comprehensive.

USCIS announced an updated number of filings for H-1B petitions for the fiscal year 2010 program.

USCIS has received approximately 42,000 H-1B petitions counting toward the Congressionally-mandated 65,000 cap. The agency continues to accept petitions subject to the general cap.

USCIS has announced that it is continuing to accept H-1B nonimmigrant visa petitions subject to the fiscal year 2010 (FY 2010) cap. USCIS will continue to monitor the number of H-1B petitions received for both the 65,000 regular cap and the 20,000 U.S. Master's degree or higher educational exemption cap.

If this is all what happened, then the govt. has acted illegally. There is no question in my mind about it.

USCIS has confirmed that if they determine that they have received enough number of cases in the first five business days of April to reach the cap, then the "lottery" will be based on petitions received on all five days. Note that the first five business days include upto 7th April.

The attached document explains the criteria.

1. Is it advisable or compulsory to get the prevailing wage determination from the states or Online Wage Library is enough at the time of taking LCA? Because most of the time we are taking the LCAs for the job titles like: Software Engineer, Programmer Analyst and System Analyst for which the wage determination available in the online wage library.

Ans. OES wages can be used as long as the correct job category and job level are used. Applying for prevailing wages from the govt. is time consuming, but does have the benefit of being almost beyond question in case of an audit.

When filing for H-1, it often becomes an issue as to what is acceptable evidence that a foreign employee has completed their degree requirements.

USCIS has stated:
 

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Travel during H-1B amendment and using

Watch the Video on this FAQ: Effect of H-1B approval on H-4 EAD

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What to expect from H-4 EAD revocation

Watch the Video on this FAQ: H-1B unpaid leave or time off

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Traveling while H-4 and EAD is pending

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FAQ: H-1B joining another employer while a transfer,

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Watch the Video on this FAQ: Multiple years of CPT

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Watch the Video on this FAQ: Getting H-1B extensions based on of I-140 approval of spouse

There are multiple issues involved in traveling.

First, if someone travels while a change of status request is pending, they will have to obtain a visa stamping or reapply for an H-1B for change of status to activate the H-1B on or after October 1.

Second, getting visa stamping is by itself a highly uncertain process that could take from days to months. The consulates reopen and dissect the entire H-1B case from the ground up and try to find any reason they can to deny the case.

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H-1B Employer deducting money from salary

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Continuing employment-based green card

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Watch the Video on this FAQ: Traveling abroad while H4 EAD is pending

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Watch the Video on this FAQ: Can I join my old employer if the H-1B transfer is denied?

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Watch the Video on this FAQ: The impact of the NTA memo

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Watch the Video on this FAQ: Travel outside the USA when a case is pending

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1. Yes, you can travel.

2. I don't know the exact local rules, but you have to go for visa stamping.

3. You should not go until the amendment is actually approved. More...

Watch the Video on this FAQ: What are different wage levels for H-1B and green card jobs?

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Watch the Video on this FAQ: Specific issues in the Trump NTA policy for denials

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Watch the Video on this FAQ: Applying for H-4 status while on parole

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Watch the Video on this FAQ: H-1B petition revocation during visa process/reaffirmation

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Watch the Video on this FAQ: Applying for H-1B transfer while an extension request is under RFE

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Watch the Video on this FAQ: How many days can I stay in the USA after H-1B denial a detailed discussion?

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Watch the Video on this FAQ: Changing jobs while H-1B RFE is pending

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Watch the Video on this FAQ: Can an employee withdraw an H-1B petition?

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Watch the Video on this FAQ: Can a green card be filed for me if I am on H4 or L2 or F1 – – any status other than H-1B or L-1A?

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Watch the Video on this FAQ: Changing jobs after I-140 approval

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Watch the Video on this FAQ: Is there any law to provide legal stay to the parent of US citizen child with disability?

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The answer is No. You can stay on a tourist visa. There are no special visas or green card for such situations.  More...

FAQ: Effect of I-140 revocation on priority date, H-1B extensions through any employer, etc.

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Watch the Video on this FAQ: H-1B and green card transfer from a non-profit organization to for-profit

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1. The answer is No. There is no advantage in going through for-profit or non-profit that's just irrelevant.

Watch the Video on this FAQ: Leave without pay for H-1B / Status

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Watch the Video on this FAQ: The 180 rule for priority dates/H-1B extension

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Watch the Video on this FAQ: Which jobs can qualify for an H-1B visa?

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Watch the Video on this FAQ: If H-1B transfer is denied, can I go back to my old employer? When does AC21 job portability

Watch the Video on this FAQ: H-4 EAD termination and converting to H-1B

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Watch the Video on this FAQ: National interest waiver (NIW) filing when priority date is not current

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Watch the Video for this FAQ: Can I get H4 visa stamping while the H1 to H4 change of status is still pending?

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Watch the Video on this FAQ: H-1B or other status denied - what is my status?

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Basic Concepts to be in Status

Watch the Video on this FAQ: Transferring H-1B while an RFE is pending

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Watch the Video on this FAQ: H-4 EAD rules change and H-1B extensions rules change

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1. What you could try doing is have your green card started and you can use that to extend your H-1. 

Watch the Video on this FAQ: Implications of alcohol-related convictions, such as DUI, on immigration or H-1B

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Watch the Video on this FAQ: Changing jobs after I 140 approval, returning to the old job, etc.

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Watch the Video on this FAQ: H-1B RFE for specialty occupation

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Please get yourself a lawyer. Don't do it yourself. These are relatively complicated issues. More...

Watch the Video on this FAQ: Erroneously given longer duration on H-1B than eligible

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You are not allowed to take advantage of USCIS errors. More...

Watch the Video on this FAQ: Filing EB-1C, International Managers or Executives green card

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Watch the Video on this FAQ: When does one become H-1B cap exempt?

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Watch the Video on this FAQ: Impact of taking a long break while on H-1B

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Watch the Video on this FAQ: What can be done if an H-1B is denied while in the USA?

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Watch the Video on this FAQ: Does H-1B extension denial invalidate an existing H-1B?

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1.Yes. The previously approved extension does not go away. The only way that can go away is if the government separately issues a notice of intent to revoke, gives you notice and a chance to respond and then denies.

Watch the Video on this FAQ: Doing business on H-4 EAD

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Of course on H-4 EAD, she can do anything she likes, she can do online business, sell items on ebay amazon no problem at all. These items shipped from India is perfectly fine.

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Watch the Video on this FAQ: Denial of H-1B on Level 1 wage issue

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1. Now if somebody's H-1 gets denied for level 1 job the same employer can file for level 2. But there should be a good reason or explanation if the government asks questions like: why are we going to level 2, why did we not go with level 2 the first time around.

Watch the Video on this FAQ: Effect of moving abroad while still on H-1B visa

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1. Yes, I think you can keep that H-1B alive as long as that job is there.

Watch the Video of this FAQ: Applying for green card while holding H-4 status; applying for green card and permanent

residence for another country simultaneously

Watch the Video on this FAQ: Pros and cons of adjustment of status and consular processing for green card

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Watch the Video on this FAQ: Current immigration/visa options for entrepreneurs

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A few options for Entrepreneurial Visas:

Watch Video on this FAQ: Are there any time limits on how late an I-485 can be filed after the priority dates become current?

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Watch Video on this  FAQ: What are the options of an H-1B visa denied and a petition sent for revocation?

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1. Not until a notice of intent to revoke is sent.

2. This case is going back to USCIS. 

Watch the Video on this FAQ: H-1B visa stamping in Canada or Mexico; importance of I-94

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1. You can get your visa stamped in any country which is called Third Country National (TCN) processing. It is a good idea to check with them beforehand. Sometimes if they have too much of a workload, especially in Mexico they might temporarily stop taking TCN's. 

Watch the Video on this FAQ: Is new H-1B visa stamping needed if you change employers?

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You can most definitely file H-4 and EAD together. Your green card process can continue even though you have changed your status.

Watch Video on this FAQ: Does H-4 require a prior USCIS approval for visa stamping?

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Watch Video on this FAQ: I-94 given for a shorter duration at the airport than the petition approval date

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Watch Video on this FAQ: New regulations, effect on layoff after I-140 approval

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Watch Video on this FAQ: Evidence or documents created after the filing of a petition

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Audio FAQ: Protection of section 245 (K) for employment-based I-485

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Audio FAQ On: Is a copy of I-140 approval required to extend H-1 B?

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Audio FAQ: 60 days grace period for H-1B

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Watch Video on this FAQ: Applying for H-1B visa when there was a status violation

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1. Go as quickly as you can. It isn't an emergency, but it is something you should not take lightly.

Watch Video on this FAQ: How to Reset H-1 Six Years

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Watch Video on this FAQ: Applying for H-4 status while H-1 is pending

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Watch Video on this FAQ: Effect of revocation of PERM on an already approved H-1 extension

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Watch the Video on this FAQ: Exemption from H-1 quota, Visa stamped, did not join employer

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1. The essence of your understanding is correct. You are safe against revocation.
2.

Watch the Video on this FAQ: Current trends in H-1B end client letters

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1. The essence of your understanding is correct. You are safe against revocation.
2. No effect on H-4 EAD of H-1 change of jobs, as long as the H-1 holder maintains status.
3. Again, no effect on H-4 EAD if your new green card is filed.

Watch the Video on this FAQ: Rules for counting 6 years of H-1B

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Watch the Video on this FAQ: Changing employers after I-140 approval; impact on H-1, green card, H-4 EAD, etc.

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Watch the Video on this FAQ: Extending H-1/H-4EAD; working while extension pending

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1. Yes, you should. 

2. No. Once the current H-4 expires and EAD expires and you are waiting for the new EAD to arrive she has to stop working. More...

Watch the Video on this FAQ: Physicians (FMG) NIW, AC21 portability, Teaching to clinical position

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Watch the Video on this FAQ: H-1B 60 days grace period explained

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1. The employer can revoke, but, USCIS says, after 180 days they will not revoke the H-4 EAD.

2. You will not need to change the H-4 EAD upon moving to any number of companies, as long as you maintain your H-1 status.

Watch the Video on this FAQ: Travel while H-4 EAD is pending

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Watch the Video on this FAQ: Getting unemployment payments on H-1B

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Watch the Video on this FAQ: H-1B title "Programmers" and USCIS site visits

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Watch the Video on this FAQ: H-1 I-94 given at the airport for a duration shorter than the H-1 approval, how to extend I-94?

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Watch the Video on this FAQ: Fraud or misrepresentation findings in visa or petition, what should you do?

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1. Yes, if you can get a 212(d)(3) waiver for a limited time or limited purposes.

Watch the Video on this FAQ: Changing from H-1 to F-1 and back to H-1

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1. Yes.

Watch the Video on this FAQ: If H-1 transfer is denied, can I rejoin my old employer?

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According, to USCIS, when you are working under AC21 you are not out of status, you are in fact working according to the law and hence you should be able to join back. More...

Watch the Video on this FAQ: Can a revoked I-140 help for H-4 EAD?

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Watch the Video on this FAQ: Consequences of I-140 revocation

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1. If I-140 is revoked within 180 days of its approval you only get to keep your Priority Date. You do not get to keep your right to extend your H-1.

Watch the Video on this FAQ: Do jobs have to be same or similar when I port my priority date?

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Watch the Video on this FAQ: H-4 EAD changing back to H-1

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Watch the Video on this FAQ: Changing employers after 6 years of H-1 are over

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Watch the Video on this FAQ: Filing two quota H-1 petitions simultaneously through different companies

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Watch the Video on this FAQ: Does the H-1 60 days grace period apply when one quits a job?

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1. According to the regulations what my best guess is it was reserved for those circumstances where you had no choice but to be out of status, but if you quit voluntarily I don't think you can claim the 60 day grace period.

Watch the Video on this FAQ: Compelling circumstances EAD

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Watch the Video on this FAQ: How does H-1 60 day grace period work?

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Watch the Video on this FAQ: Physician FMG applying for Cap H-1 through a cap exempt employer

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Watch the Video on this FAQ: AC21, changing jobs and when to file Supplement J

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Watch the Video on this FAQ: Impact of the new I-140 regulations

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Watch the Video on this FAQ: Revoke H-4 EAD regulation

Watch the Video on this FAQ: Legal rights/benefits of Green Card compared to H-1B

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It is easier to define the rights of a GC holder in comparison to the rights of a U.S. citizen. You can pretty much do everything that the US citizen can do.

Watch Video on this FAQ: Will H-4 EAD Rule be revoked?

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1. I don't think it will be revoked.

Watch Video on this FAQ: J-1 Physician applying for following to join after waiver

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Watch Video on this view FAQ: The new regulations, withdrawal of I-140, H-1 extensions

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You can continue to extend your H-1 even after I-140 is revoked by the employer, IF, the revocation was sent more than 180 days after I-140 approval.

Under AC21, you do not have to start a new green card if:

1. Your I-140 is approved;

2. Your I-485 has been pending for 180 days or more;

3. You will take an employment same as or similar to your green card job; and

4. You file Supplement J.

Watch Video on this FAQ: When is an H-1B amendment required?

Video Transcript:

Watch the Video on this FAQ: Should I travel outside the USA/H-1B visa stamping

Video Transcript:

Watch Video on this FAQ: Extension of H-1 beyond six years, gap, in H-1, late in filing PERM, etc.

You can keep applying for H-1B extensions based upon a valid I-140 approval from an old employer. The new employer does not have to file. But if you want to get a green card, some employer will have to restart the process.

Here is an interesting question, if I am on H-1 and I convert to H-4, does that kill or affect my priority date ? Answer is no. If you were on H-1  and you had filed a Green Card, you got a priority date and I-140 was approved now you changed to H-4 that does not kill your priority date. That's not the problem.

And the second part of the question was can I take maternity leave on H-1?

Government will sympathetically consider unexpected layoffs and should give you consideration up to 60 days each H-1 period. So one 60 day period let say you have taken and then changed your employer another 60 day period kind of like that and there is little more to it but each time there is new validity to H-1 . You will be able to get 60 more days.

We have received several requests about how to ensure there are no gaps in a spouse’s ability to work when converting from another work status (such as H-1) to H-4 EAD.

FAQ: Issues regarding changing jobs while on H-1:-- Is there a minimum time gap necessary to transfer H-1 from one job to another, change jobs, timing of resigning and joining

Watch Video : Am I exempt from H-1 quota if visa was not stamped

Video Transcript:

USCIS has said if an I-140 is revoked, they reserve the right to revoke the H-4 EAD. So far, they have not been revoking.

Watch Video: Changing jobs after I-140 approval

Video Transcript:  Under the current laws, if you change jobs after I-140 approval you keep your priority date, but you lose your right to H-1 extensions beyond what is given if your old employer revokes/withdraws the I-140.

Now answering your questions

Watch Video: I-94 given for duration shorter than entitled

Watch Video: Name variation in diploma or degree, name change for immigration

Watch Video: Gap in Status

Video Transcript:

Watch Video: Does H-4 EAD have to be applied again if H-1 changes jobs?

Watch Video: Travel while H-1 COS is pending

Watch Video: H-1 entering USA when visa is about to expire

Yes, as long as the I-140 is not revoked.

As long as appropriate H-1 amendments are filed and you maintain status, the change in your job description has no effect on the H-4 EAD. 

First of all generally speaking, for H-1 and for green card your salary cannot include terms that are variable. So for instance if you get a yearly bonus, but the bonus changes from year to year you cannot include that as a part of your salary. Salary cannot include per diem. A lot of companies and a lot of employees get stuck with a lot of problems because per diem is set up as part of the salary. Per diem is not salary. Benefits are not salary. So all three of these items are big problems when you talk about H-1 and green card salaries.

Question 1: Redo the PERM or just the I-140. If redoing the PERM again then what's new in this regulation? 

Answer: After 180 days, you can extend H-1 even if 140 is withdrawn.

Question 2: It seems that there is no easy provision for EAD/AP for approved 140 applicants. So is there any point in waiting for this rule or Should I consider Visa stamping is only option for traveling outside US? Please suggest as I waited for a year or long thought they are going to give AP.

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/1QbgUmUUJvc?t=1746

FAQ Transcript:

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://youtu.be/H_VV9kV_lOg?t=1345

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://youtu.be/H_VV9kV_lOg?t=65 

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://youtu.be/H_VV9kV_lOg?t=1852

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

https://youtu.be/F0YZD8zWm88?t=1068 

FAQ Transcript:

If you get laid off on H-1B there is no grace period. You get laid off today tomorrow you are out of status.

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

https://youtu.be/F0YZD8zWm88?t=694

FAQ Transcript:

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://youtu.be/ZvUVIGTM-Kk?t=705

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/ZvUVIGTM-Kk?t=602

 See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://youtu.be/ZvUVIGTM-Kk?t=2334

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

USCIS has said that revocation of I-140 does not automatically invalidate an approved H-4 EAD, but they reserve the right to revoke such an EAD.

When you travel abroad, in order to return to the USA, you must first obtain a visa stamp from a US consulate in (any) country that you are visiting. Check the consulate web site to make an appointment and what documents you should bring for H-4 visa stamping. H-1B visa stamp is usually not a precondition to H-4 visa. 

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

Open a Service Request by calling USCIS customer service. By the way, you do NOT need an H-4 approval from USCIS to obtain a visa. In this respect, H-4 is different from H-1.

H-4 visas do NOT require a USCIS approval for a spouse who is going to the consulate for visa stamping.

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/PreNUXXW9KU

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/8N82R3qAiJo?t=569

FAQ Transcript:

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/8N82R3qAiJo?t=123

FAQ Transcript:

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

https://youtu.be/3Heaadpk1Ik?t=396

FAQ Transcript:

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

 https://youtu.be/3Heaadpk1Ik?t=273

FAQ Transcript:

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

FAQ Transcript: 

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/y6RtaKhuoIY

FAQ Transcript:

In your situation when you are outside the USA, you become  exempt from the H-1 quota  when you get your visa stamped. So I think USCIS interpretation of law is faulty and  incorrect, because in my view as soon as H-1 is approved you should be exempt from the quota but USCIS has taken the position that unless you get the visa stamped from the consulate we will not consider you exempt if you are outside the USA. So it appears to me that  you should be exempt from the quota.

Every time the H-1 holder changes  job, the H-4 holder does not need to re -apply for H-4. Your H-4 is good.  You don't have to have different H-4 for the employer. Of course,  every time the H-1 holders change their job they have apply for new H-1 but as long as you never violated status and H-1  holder has  never violated status that H-4 continued to be good from job to job to job, you are good.

Your  second question was what document need to file H-4 EAD?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/3Heaadpk1Ik?t=809

FAQ Transcript:

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

1. Is there any time frame within which H-4 should have job offer after getting H-4 EAD?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/GtOqgqgEG6I?t=242

FAQ Transcript

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://www.youtube.com/watch?v=baprYGs8IzQ&t=893 

FAQ Transcript

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://www.youtube.com/watch?v=xv_vI7O0d4U#t=518

See clip from Attorney Rajiv S.

https://www.youtube.com/watch?x-yt-cl=84359240&v=uaBshBiaCUg&x-yt-ts=1421782837&feature=player_detailpage#t=719

FAQ Transcript

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

https://www.youtube.com/watch?v=3YV-qIlAEpI#t=2372

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://www.youtube.com/watch?v=3YV-qIlAEpI#t=1831

FAQ Transcript

What happens is sometimes, USCIS by mistake gives you more time than you are entitled soon for your H-1. Let's say your 6 years is getting over in one year and they give you 2 or 3 years by mistake.

I have heard that there is a proposal to allow filing of I-485 

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://www.youtube.com/watch?v=ujMQ79pgzX8#t=1516

FAQ Transcript

If you are on H-1, sometimes people ask me, I want to maintain status even though I am getting laid off. Can I be on unpaid leave and does maintain status? 

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 
https://www.youtube.com/watch?v=ujMQ79pgzX8

FAQ Transcript

Until the pending H-4 EAD regulations are promulgated, the only obvious option for her is to obtain her H-1 through employment.

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

https://www.youtube.com/watch?v=xp4B1_qhvtM&feature=player_detailpage&li...

https://www.youtube.com/watch?feature=player_embedded&v=ujMQ79pgzX8#t=1665

That category takes 13-14 years. During the time you are waiting for your priority date to be current, you cannot stay in the USA just because your green card is pending. You can, however, stay or come to the USA under a visa independent of the green card such as L-1, H-1. You can also apply for a green card in several categories simultaneously.

See the marked clip below from Rajiv's video recording for the answer to this question.

https://www.youtube.com/watch?feature=player_detailpage&list=UUm4s1qwOSz...

The simple answer is, no, unless you also have 6 years of professional experience. Also note, not all RN's can qualify for an H-1.

This is tricky. Usually CPT in the first semester is looked upon with suspicion by USCIS, unless: 1. yours is a graduate program; 2. the practical training is integral to the academic program; and 3. the employer has signed a co-operative agreement with the school.

Unless and until the I-140 is revoked, your first approved I-140 can continue to be used for H-1 extensions for any number of employers.

The priority date is yours the mo

No. This memorandum does not change any of the requirements for an H-1B petition.

Employees retain PD even if the o

When your application for H-1 is filed within 60 days of OPT 

If you are a quota applicant, you can apply through as many unrelated companies as you like. Do not be a party to any misrepresentation.