Team
We are a very small team of enthusiasts willing to help students and professionals in need of advice.
- Kumar
- Saurabh
Want to be part of our team to help ? Send us an email to redbus2us(at)gmail.com
Disclaimer : Our advice on blog comments is personal opinion based on our own experience and knowledge. Our advice is NOT legal opinion, you should talk to an attorney for legal opinion. We are NOT liable for any claims on correctness of information presented. Use information with your own discretion and risk.
{ 157 comments… read them below or add one }
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Hi, I am currently on F1 visa. However I have been reinstated and have a new I 94. But for some reasons, the SEVIS didn’t get active and the ISO at school has requested a data fix. I want to go for a stress related medical break in summer semester. I already have 18 graduate credit hours and one year of studies, while reinstatement was pending.
1. If I provide the medical certificate, is it possible to go for a break while data fix is pending?
2. I am also trying to get H1b sponsor to work. If I file H1b, will my pending data fix or stressed related medical break be a hindrance to H1b approval?
Thanks
Hi Saurabh, wanted to know if one with H4 visa can apply for EAD and work here legally. Because with H4 to H1B transfer, one has to necessarily get an offer & then file Labor and then get h1b approved.
what are the other legal ways for a h4 to go on employment..
chandru
chandran,
There is no EAD for folks on H-4. The only way is H-1.
Thanks Saurabh. Can you say, what documents we need to submit for H4 to H1 (i 539) and the total cost of filing H4 to H1 (normal processing)??
Chandran,
If the person didn’t have any H-1 in the past, then this won’t be I-539. It would be I-129 w/ COS. Documents include:
- applicant’s documents (resume, I-94, passport, degrees, marksheets, experience letters)
- spouse’s documents (H-1 I-94, payslips, W2 if applicable)
- employer documents (wage reports, LCA, I-129, tax documents etc)
- client/project documents (client letter, SOW, employer-employee relationship)
Cost can be b/w 2000-4000 USD depending upon employer size and number/percentage of employees on H-1 and L-1
Hi,
I want to peruse MBA as part-time student. MBA Without GMAT Score Admission Possible? can GMAT be replaced by experience?
I am on H1B and have 4 years of work experience. from USA.
Kavitha,
Typically, good schools prefer to have at least one of the standardized tests either GRE or GMAT. Even for executive MBA, schools recommend to take GMAT or GRE. Maybe there are schools that give you admission, you will need to look around…. Email few schools or call them… You may also read this Do I need GMAT for MBA ?
Dear Saurabh & Kumar,
I am on H1B status, expiring on 6/6/2012. I want to know if I am eligible for H1B extension. I believe I had two different H1B petitions filed (2 different petition numbers in passport). The first H1B was from 2003 to 2006. Then for few months (2/06 – 12/06) I worked in India. Then again I came to US for studies under F1 visa. After studies, another company (second employer) filed in for my second H1. But my current employer (3rd employer) who continued my H1B from previous (2nd) employer is saying my visa is getting expired on 6/6/2012. I have filed for my Labor Certification very recently (it is not 365 days prior)
I am really stressed out!. My spouse is currently studying here on F1 status. Please advise what are my options?
Thank you..
Deepu,
When the 2nd petition was filed did they go through cap again or did they use the previous petition? If they used the previous petition to file cap-exempt petition then you have 6 years – time spent in US on 1st petition – time spent in US on 2nd petition. If there is still any time remaining, then the employer can file for extension, else not. If you have reached the limit then you can move to F-2 visa but that doesn’t reset your clock. To reset the clock, you have to stay outside of US for more than 1 year and then go through the cap again.
Does that clarify?
Thanks for your prompt response Saurabh!
For the second petition, I believe I went through the masters cap. My first petition was, obvisously, not through the masters cap. Does this make a difference now. Please can you advise how much more time do I have now. Also, how can I verify it for myself that my second petition went through the cap again.
Also, once my Labor Certification & I-140 is approved while I stay on F-2, can I then extend my H1B ? Or, once H1B is expired I can do nothing?
Thanks.
Deepu,
Do you have I-129 for the 2nd petition? In that you can see whether it was subject to cap or not. You should discuss this w/ your attorney. They might be asserting that you stayed less than 1 year outside US b/w 1st and 2nd petition, and so your clock wasn’t reset and your H-1 time expires in June 2012.
Is your employer willing to file PERM and I-140 for you while you are on F-1? I don’t know if it will work out i.e. you staying on F-1 while PERM and I-140 is being processed and you then apply for 7th year extension once it has been approved.
Thanks Saurabh.
I had a brief conservation with my company’s attorney. She informed that I can stay on F2 till my PERM & I-140 is approved & convert back to H1 after filing for my extension. This is at least some good news. Next, I have ensure my company does complete the PERM & I-140.
Thanks for your valuable feedback & all the best to you! Deepu
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