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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.
{ 72 comments… read them below or add one }
You guys are doing a great job helping our other students and professionals. I follow most of your posts. For one post, I replied. When I commented, I took a notify follow up emails. I am not able to find an option to unsubscribe from the daily comment email for that blog post. Please let me know how!
Usually there is a link at the bottom of the email pointing to a link to unsubscribe. If you are not able to unsubscribe using that, then give me your email address and I will try at my end (I will delete your post containing email address once I have unsubscribed you).
Hi Saurabh and Kumar,
Thanks for a very informative blog. I am a recent graduate with masters in Public Health and my degree do not qualify for 17 month extension period. I am trying to get H1b job but it is hard. I am not very interested in joining consultancy. Unfortunately I have very less time as my OPT will expire in Feb 2013. Could you please advice me about what would be the best possible options to maintain my status before expiration of my OPT.
Thanks a lot.
Chani
When did your OPT start, and how many days have you been unemployed on OPT?
My OPT will start from end of Feb 2012. I am not yet unemployed on my OPT and I am already looking for some volunteer work to show as unpaid employment when my OPT will start. My concern is, it is hard to find a H1B jobs in health care field so what will be my options to keep my status after Feb 2013.
To maintain status you need to be employed. If you want to volunteer, then you can volunteer for a position that is related to your course and where other employees w/ similar profile are also volunteering. In other words, volunteering cannot be used as a way to escape being unemployed.
Thank you very much for making that clear. Appreciate it.
Hi Guys,
presently My husband is in US,i am in India he got his GC last month.My H4 visa got expired and now i need to go back to us my i 485 is in pending i came with out my Ap documents to India so what are my visa(h1/f1/b1) chances to enter in US now
If i apply for visitor visa i can’t eligible for AOS/family based GC in future is it true??
Please provide me thanks
Hi Saurabh!!
Please answer to my above query
Thanks in advance
I don’t know the answer. You will have to check w/ your husband’s attorney.
Hi
I just came across your website. I am very depressed, opt is coming to an end and I still have to find an employer. Its getting difficult day by day. My friends are suggesting me to for desi consultants, of which i am not sure. I have to pay back Rs 16 lac education loan. Can you please suggest what should i take care of if I choose to go with desi consultants. And how much can i be paid.
Thanks
On OPT, you can only stay unemployed for 90 days. Are you saying that you are about to reach that limit, or have you already crossed that limit and now approaching end of your OPT term?
I mean, I am still on opt. I graduated last quarter. only 20 odd days remaining on OPT.
It is still isn’t clear how many days you have stayed unemployed on OPT. If you have stayed unemployed for more than 90 days on OPT, then you already have an issue. Your future petitions and stamping may get impacted b/c of this.
If you haven’t reached that 90 day limit, then your first priority should be to get employed and start getting paid. You should not worry about the consulting vs direct employment at the moment. Once you are employed, you can continue searching for better employments, but make sure you do not reach that 90 day OPT limit.
Does that answer your question?
Hi Saurabh\Kumar,
Kudos to your team for helping out people….!!!!
My query is that i have an L1 VISA with extensions(twice). Out of this 7 yrs i have utilized 30 months so far.
Now my L1 will expire in March(I-94 also), what is the next thing i can do ?
Shall i go back to India and again appear for L1 or is there any clause by which i can utilize the remaining months of my existing L1.
Also my designation is Asst Proj Mgr, will that be of any help since i heard thatfor Managerial Categories we have some special clauses.
-Sachin
Thanks in Advance.
The employer can file for extension while you are in US. On L-1, one can stay in US for up to 5 years. As you have stayed for just 30 months, you can get L-1 extended until you have spent 60 months in US.
Are you on L-1A or L-1B? The former is more advantageous over the latter.
Thanks Saurabh,
I am on L1 A. So this means, i can ask my employer to go for filing another extension next month as my I-94 will be expiring in March ?
Yes, you should do that.
Hi Saurabh,
- I am working on L1 B and want to shift to H1B. My current L1 I-94 expires in MAY 2013.
-I wanted to avoid giving H1 VISA interview, in that case i was planning to go to India by DEC 2012 and come back to US and then apply for COS, in that case I can directly work on H1B since I will be in US.
Question:
-Since I will be working on H1 B and have not gone for stamping and so do not have an H1 B I-94 – and my current L1 I-94 will expire in MAY 2013, does it mean I cannot stay in US after that and will I have to go back to India? to get a renewed I-94? or H1 B stamping?
-Meaning if I do a COS in 2013 Jan, I will only have 4 months of valid stay in US, till May 2013, unless I get a renewal for I-94 or can it be renewed by my H1 B employer without going back to India?
Thanks for your help!
Sachin Srivastava
When you apply for COS, and the same is approved by USCIS, a new I-94 will be issued having validity for longer period (until H-1 petition expiration date). You can then continue to stay and work until that date.
While your COS is pending, you will have to continue working on L-1. In case your L-1′s I-94 gets expired, then you can continue to stay in US for up to 240 days waiting for H-1 COS to get adjudicated. If H-1 COS is denied, you will have to leave US. However, you cannot work on L-1 during that time as L-1 would have expired by then.
Does that answer your question?
Yes it does Saurabh! Thank you.
So, in a sense I don’t have to worry about my L1 I-94(apart from expiration) if I am moving to H1 B through COS a new I-94 will be issued and tagged to that,correct?
I have asked few other questions before on this forum,(Cannot seem to find that though), just wanted to say that you guys are the best!
My confusion was I thought since I will not go for H1 Stamping a new I-94 will not be issued but as you clarified, as soon a H1 B is granted it comes along with a new I-94 irrespective of VISA stamping.Please correct if this is not right.
Thank you,
Sachin Srivastava
Yes, when H-1 is filed and approved w/ COS, then it comes w/ a new I-94 which will then govern your stay in US. If COS is not approved, then no new I-94 will come and existing I-94 will govern your duration of stay.
Thanks Saurabh!!
Hi Guys,
presently My husband is in US,i am in India he got his GC last month.My H4 visa got expired and now i need to go back to us my i 485 is in pending i came with out my Ap documents to India so what are my visa(h1/f1/b1) chances to enter in US now
Please provide me thanks
I am pregnant and Planning to go to India for vacation on Jan 1st week and come back on 2012 Feb 2nd week. when I go to India i will be around 18 week pregnant. I need to get H4 stamping. is there is any issues? when i come back on Feb 2nd week, I will be around 24th week. is there is any issues with port of entry?
I don’t know the right response. But I would expect you to carry your medical reports, doctor’s contact information, insurance information etc. Also check w/ the airline about their travel policies when one is pregnant.
Hi Kumar & Saurabh,
i would like to the job and salary aspect for MIS when compared to MS in CS ??
Hi,
wanted to know, when H1b extension is under process, can i change the location and work from that location also it will be for different client not with existing client.
If you change work location and client, then a new LCA and I-129 needs to be filed.
Hi Saurabh, i got my I129 approved as stated earlier, but have not received the documents from USCIS. when my attorney called, they had asked to wait for 2 weeks…since we did not receive even after 2 weeks, they have filed for a duplicate copy.
checked in USCIS site…it says to fill i824 form for duplicate petition approval notice….
my employer has no idea on this…what the lawyer has done..
Any idea, why this happens next, what are the risks, …
Chandran
If the original approval notice was lost in transit, the employer/attorney can file I-824 for the duplicate. It might take around 2 months for it to arrive. There are no risks and I haven’t seen any RFEs when filing I-824.
thanks Saurabh, my employer has sent the i824 before 2 weeks but in the USCIS site, when i checked the status, it is still showing the same old messge
On October XX, 2011, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.
will there be a change in status if my employer has filed for a duplicate or there will not be any change…?
Chandran
I don’t know if the status changes or not.
Hello Saurabh, Got my H1b stamping done successfully at chennai consulate. Wanted to thank Saurabh & everyone who shared their valuable experience here. It really helped me to be prepared. So there was actually no surprises at all during the interview. it just took less than 5 mins and hardly 8 questions. Done.
Thanks again.
Congrats Chandran.
I got my L1 visa stamped on 2008 Nov came to US on Jan 2009. On July 2009 my company asked me to apply for H1 W/COS, which I did and I got my H1 Visa with new I94 and both the petition and I94 are valid till Jul2012. I have not left the country since the time i got my H1. My wife had stamped L2 visa and she also got her H4 Visa when I got my H1. Now my wife went back to India and her company applied for her L1B for which she got a RFE. Do you advice on responding to the RFE or can she ignore the L1 application and apply for H4 stamping to join me here in US. Can she go for H4 stamping in India when my H1 is not stamped yet?
If required, she can forget about her L-1 and go for H-4 stamping by carrying all the necessary documents. It is not necessary for your H-1 to be stamped prior to her H-4 stamping.
Hi,
An employee working with company A has filed for H1B extension after completing 3 years. The candidate has the receipt for H1B extension. How long it will take the employee to receive the H1B extension. During this period i.e, from the time he/she got receipt and H1B extension, can he work for other company B?
Please reply.
R/S
Extension may take 2-6 months in normal processing, and 15 calendar days in premium processing (RFE could delay the process).
He can work for B if the employee already has an approved petition w/ B, or a cap-exempt petition pending for B (H-1 transfer).
Hi Saurabh\Kumar,
I am working in India for Company A. I have been to US for 25 months(in a span of 4 yrs) on L1 Visa from Company A. Got my L1 extensions twice while in was there.
Now Company B is offering me a job. They are saying to file B1 for me and then as soon as i join US, they will file for H1. All this till this month end.
1) I just wanna know is it safe to follow this route of B1 to H1 even if all the paper work is done by Company B.
2) Also can i take my wife with me(on B1). She is L2 visa holder. Or Do i have to wait till i get my H1 and then file for her H4.
Thanks
This is what I wrote to a similar question.
What your employer is asking you to do is skip H-1 stamping (probably they are not confident enough that the visa would be stamped). Here are the risks w/ this:
1. B-1/2 visa is for business/tourism. It is misuse of visa to use it as a pretext to enter US and then apply for COS to another visa status like H-1.
2. If one applies for COS to H-1 within 90 days of arriving in US on B-1, then the person holds chance of COS rejection (USCIS can question the intent).
3. You may be questioned at PoE about your travel reasons, and you would probably be lying to the officer.
If you do decide to go this route, then both you and your wife will need to apply for B-1/2 and then apply for COS to H-1 and H-4. The other option is that she stays in India until you get your H-1 and then travels to US on H-4.
The quota is about to get exhausted, so their plan may not work out at the moment.
Thanks Saurabhm
Just few follow up questions.
How much time does it take to get H1\COS papers in hand?
And is it mandatory that we have to wait for 3 months and then apply for COS or my employer can do that before also ?
In my case i will be working for Client X, so i assume my employer has the contract letter from Client. Since the contract is 1+ years, is this B1 to H1 is not justified ? because there are currently no H1′s filed from INDIA.
Also i have the W2′ s of 2008,2009,2010 and will get 2011 next yr and pay stubs from Jan 2011 to Oct 2011 from current employer(which i gonna resign). Does all these docs won’t help to lessen the suspiction of misuse of B1 ?
Thanks,
H-1 w/ COS may take 2-6 months (regular processing) or 15 days (premium processing). In case of RFE it can take longer.
To have better chances of COS approval you should wait at least 3 months. There is no legal binding, but the associated risk is more when applying early.
Your employer is asking for B-1 in lieu of H-1. In the past, this has been so heavily misused by employers that USCIS hardly approves them now. A major Indian IT company is facing a lawsuit in US for bringing workers on B-1 and making them do work eligible for H-1.
Hi ,
i had my h1 interview on 8th nov …the interviewer asked questions abt my client and vendor ….and address of my client site . i am working in client site from lats 4yrs … i did my masters from usa ..living there from lats 6yrs ..never without job … ..between my compnay and client only one vendor …he was concerning abt employee and employee relationship …
intervier kept with him all docs ( inc i797 ) but gave only passport back and NO 221g and said he will get back to me after further processing ….
can you let me know if you heard this before …..if yes how much time it takes to process .. thanks for your help …
Unfortunately there is no set timeframe within which this needs to happen. It can happen as quickly as within few weeks or can take months.
Thanks Saurabh for replying ..
do you think my case is positive …wht do you think if they havent given any 221g form then what it mean ?
Thanks
They didn’t ask for documents, because they might not be needing anything now or have everything they need. In case they need documents, they would ask for the same. Had they kept the passport w/ them, that would have been more positive.
Hi Saurabh & Kumar,
In 2008 I applied for H1B through a consultant company. My H1B got approved and consultant company has provided the H1B reciept number to me. Later due to recession I didn’t follow up with that company to get my H1B petition form. Now that current is no where exist. Is there any way that I can use same HIB and can ask new company to get my H1B petition forms from USCIS to apply for me again.
Regards,
Mahe.
The new employer can file H-1 for you and submit the old receipt number as proof that you have already been counted in the quota. This would make your petition cap exempt.
Thanks a lot for your quick reply Saurabh.
I don’t have petition papers for my H1B and have only receipt number. Whether my new employer can proceed and apply H1 for me without petition papers copy.
Regards,
Mahe.
Yes, provided that petition got approved. You can use the receipt number on USCIS website to see what the status says. If the petition was approved, then yes H-1 transfer can be done even w/ the receipt number.
Thanks Saurabh
Hi Mr. Kumar and Mr. Saurabh,
Greetings!!
I got to know about this website recently and some of your inputs are very Informative.
I have a question for you. I work for a small company in US and my employer filed for my H1B recently (i.e., on August 29th,2011). However, this was the first time my company has filed for H1B. My employer neither contacted any attorney to file my H1B nor did he do premium processing.( Instead, he went through USCIS checklist and sent my documents). My only cause of worry is whether all the documents are set in right as it has been more than two months now and USCIS site shows my status as Initial Review. I spoke to my employer regarding this and he is positive about the documents that he has sent. I am planning to change my job once I get my H1B and there are some companies interested in me (provided I have my H1B). Is there any way, I can know my status or expedite the process?
Any advise from your team would be really helpful.
Thanks a lot.
Regards,
Shetty
When your petition was received by USCIS they would have issued a receipt number (either starting with EAC or WAC) and would have sent that number to the employer. You can get that number from the employer and track your petition online on USCIS website.
To expedite the process, the only option is to upgrade it to premium processing. It would cost $1225 more. If your employer is not ready to bear that cost, then you also have the option of paying it yourself.
Thanks a lot for your quick reply Mr.Saurabh.
If I upgrade my application to premium processing, would I get to know the status of my H1B filing within 15days (say)?
I don’t think my employer would be ready to upgrade it to premium processing so I would have to do it myself. How do I upgrade my application process? Should I consult any attorney? Also, after upgrading should I inform my employer that I have done an upgrade to my application?
Second question is, what role does an attorney play in the application process. This question arose as my application is completely filled by my employer (who has no previous experience in this) and he said that he has been meticulous in the filing process.
USCIS would adjudicate the petition within 15 calendar days. In case they issue RFE, they would stop the processing after issuing the RFE and re-start it once they receive RFE response (they would take another 15 calendar days to review RFE response).
Your employer should do that, and you can issue the check for the processing fee.
Attorneys come in handy as they have experience w/ variety of past cases, and using that experience can ensure that your petition has been properly filed and all responses are made to USCIS satisfaction. However, there are employers that file the petition on their own, and USCIS has documented the process on their site to make this possible.
i got 221g in june 21st , in the Delhi Embassy sent my petition back for revocation on sept 28th. My Employer / Attorney replied back to the queries (NOIR) as received from USCIS, and finally it got Re-Affirmed from the USCIS on oct 17th.
My Question is
1) Do we get any other Document besides the Letter saying that petition is Re-Affirmed (Like I797 etc)
2) What is the Follow up Procedure.
a) Do i need to take new Appointment to visit Embassy@ Delhi?
b) What are the probable docs to be carried.
I don’t think you will receive any other document. Do you have a copy of your original 797?
You will have to schedule another visa appointment and carry all the documents that you had during your 1st visit. Additionally, carry the documents officer asked for in 221g, so that there is less probability of 221g this time.
Hi,
I am from electronics and communication background , currently in my final year of under graduation. My gre score is 1280 and my toefl is 90. I want to apply for MIS or
CS . Can you guide me which is better program for me with respect to my score .
Also i need to know whether i should give toefl once more ??
Hello Guys!
Thanks for all the services.
My employer wants to file for my H1. I am a BS(biology), certified as Medical lab Technician, the position is Medical Technologist. People are saying only BS(medical technologist) gets their H1 for medical technologist position. I dont know what labor department says. How true is this?
What are my chances? Where do I find more information? Can I increase my chances if the position tittle is changed or something else?
Thanks
BB
I cannot comment on the match of the title and education requirements as I am not an expert in medical field. However, is BS a 3 year course? To be eligible for H-1, one needs to have at least 4 years of college education (equivalent to US Bachelors) and at least 3 years of relevant work experience for each missing year of education. You may want to check on that front as well to see if you are eligible for H-1. You may also want to get your degree and certificates evaluated by an education evaluation agency to see what it matches w/ in US education system.
Am working on H1B in Dallas, TX from 2 months. Am planning to go for higher studies.
Iam confused whether to do MS or MBA…
Any suggestions in this regard is appreciated.
Thanks,
Ajay
Well I am not an expert but it would depend on various factors such as your current degree, your job advancment possibilities, your interest etc…Since you are working in H1b, I would suggest something similar to your job for advancement.
Thanks Bharat..
I am interested in Computer Networks and Security.. i would prefer a MS… Since am working here… Is it possible for me to get a seat in Dallas only? Do i need to join weekend classes? Do i need to take GRE?
Hi ,
Please help me – I am in US on L1 Visa with company A. Company B is ready to file COS to H1 for me.
If my H1 gets approved and I am still with Company A, can I go to India and come back without going for Stamping?
Thanks in advance,
Thomas
If your H-1 is approved w/ COS, then you need to join B from the approval date. If you want to continue working for A, then you need to leave US and enter on L-1 visa stamp. If your current L-1 visa stamp has not expired, then you can use the same one; else you will have to go for L-1 stamping.
If you travel and want to return and work on H-1, then irrespective of your COS, you will have to get H-1 stamping done and return on that visa stamp.
Thanks Saurabh!
Your reply made me think about my GC process again with this company..
Hi Kumar & Saurabh,
Thanks for taking the time to respond the questions asked here in the forum.I have a question. I have completed my 3 yrs and transfered my h1 to company X. i came to know recently that company X had some DOL Audits a while ago and they had another recently last month.
My question is if i apply for GC from this Company what are my chances of getting GC do you think it is safe? or find a new employer.
Just undergoing audit isn’t a bad thing. If they found something objectionable (related to funds, adherence to law etc), then that should be a concern. GC process may take a long time. You need to see if:
- the company will be around for so many years (they might close it down if DOL submits adverse report after their audit)
- you want to be in the company for so many years
That should provide an indication if you should file GC through them or not
Hi Kumar & Saurabh,
I wanted to take this chance to thank you for your wonderful service. I am a regular reader of your replies to questions and the H1B numbers analysis that you have on your site. Great job guys and wish to see more constructive articles on the H1B process.
Thank you!
Shoubhik
Welcome. Thanks for the compliments Shoubhik !