We are a very small team of enthusiasts willing to help students and professionals in need of advice.

  • Saurabh
  • Ruchika
  • Kumar
  • Swetha

Saurabh…About me…

I have been active on immigration forums for more than 4 years now. I started off w/ closed communities and when Kumar asked me to join redbus2us around 2.5 years ago, I jumped on to this bandwagon for its openness and reach to all corners of the world (wait the world is round). When I am not active on redbus, I am either working for a cloud based company or enjoying the sun in a city where at times even the summer is colder than the winter. Several years ago, I did my B.Tech from an institute whose brand has now been diluted. Enough pointers to locate me :). Other things about me – I am an avid movie watcher (both Hollywood and Bollywood w/ movie critic being the back-up option in case this blog didn’t work out), a philatelist for several years now (fun fact: I have close to 90% of all stamps released in US) and love to travel (still lot of things to do in my bucket list, favorite place visited being Kaui, Hawai). I am often asked why I spend so much time on the blog. Hmm I guess b/c when I entered US I wasn’t aware of all the rules and could have handled things differently if I had someone to guide me. So this is my way of making life easier (???) for others and giving them an opportunity to know their rights and make more informed decision.

Ruchika…About me…

I am crazy person with racing mind who just can’t sit idle. I am happy wife and a doting mother of a naughty daughter. My family is my lifeline. I dream big about my life. Previously a medical writer, then a PV Scientist and now a full time mother; homemaker; DIYer and active blogger. I believe in enjoying every moment of life while creating memories for future so that one day when you sit back and go down memory lane there should not be any regrets. I travel a lot with my family to explore new places. This gives you opportunity to interact with new people and  explore rich cultures. I moved to US on H4 two years ago and now cherishing life of homemaker. If law permits or whenever my visa status changes, I would definitely go back to work. I started blogging to share my H4 story, my dreams, my life, my experiences and beliefs and gladly joined redbus2us when Kumar asked me to and see here I am.

Kumar…About me…

In general, I am a very curious guy, I bombard others with a lot of questions trying to find answers….When I entered America, I was very naive and committed so many mistakes, learnt the rules of life in US in the hard way, including my career decisions…I realized collecting all of them at one place and sharing with others could help someone…Created the RedBus2US blog to share experiences and help others to avoid mistakes that I have done in my life…I have an MS and MBA from American Schools…My day job  is at a Software Services company …Well, it is boring right ? Let me share some fun facts about me ….My unforgettable experience is SkyDiving (Add Direction to Life )…I love to do some latin dancing ( Salsa, Merengue and Bachata..it has been a while though since I danced 🙁 , need to get back to it…)…I watch a LOT of movies…I follow many sports like Cricket, Tennis, American Foot ball, Basket Ball, etc…I love to travel and enjoy different experiences…lot of things to cover in my bucket list….I used to write some poems….I am learning guitar ( havent progressed much in the last 2 years…Need to find time… ) I am obsessed with blogging…Most of my free time goes for RedBus2US Blog…

Past Team

  • Adi
  • Soubhagya

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.

 

Related Articles


Comments ( 199 )

  1. Rathore

    My husband has L1 visa till Sept’2012. His company applied for L1 extension through premium process and he got RFE today. My questions are – what are the chances of visa getting approved after getting RFE? Can we apply for GC if our visa gets denied? Is there any other legal way we can continue our stay in US?

    Thanks

    1. administrator
      Saurabh

      Rathore,
      Chances of approval will depend upon RFE response and USCIS review of the same. The employer can file GC for you, but just filing the GC doesn’t give you the ability to continue to stay in US. In other words, you will have to either move to another applicable visa (like F-1 or H-1 or B-1) or leave US after L-1 extension is denied.

  2. Rahul

    HI Kumar,
    I am in US on L1-B, my Visa is getting expired on Jan 2013 but I have I94 valid till Jul 2014 and my company is planning to file L1 extension,
    Q1. What are chances of getting L1-b Extension accepted or rejected ?
    Q2. If my L1-B extension is rejected can I stay in US as my I94 is valid till 2014

    Thanks
    -Rahul

    1. administrator
      Saurabh

      Rahul,
      1. Will depend upon the submitted documents and information
      2. One can continue to work on basis of I-94 in case of L-1 blanket petition

  3. Nish

    Hi Kumar and Saurabh !

    Respected Sir/Madam

    I am an International student who was granted F1 visa for ” X ” university in November 2011 to attend from Spring semester 2012.

    However due to family emergency I had to return back from USA to my home country in february. I had officially withdrawn from the semester because of this.

    Now Sir I am currently in my home country and I wish to attend university ” Y ” from Fall 2012 as university X is not offering enough courses due to lack of Students.

    My question is :

    1) I have received university Y’s I-20 . So what do now ?

    I have terminated my university X’s sevis record as the DSO said that I need to go for VISAs again to change the university name on my Visa – ( as I will be outside USA for more than 5 months and according to the law I need to go for new visas).

    So I am ready to pay my Sevis Fees again and go for Visas again at the US consulate in my Home Country.

    Will my case be different at the consulate considering I was already granted visas previously.

    2) Are there any chances of my new Visas getting rejected ???
    Please help me as I am helpless and I eagerly want to start my studies from Fall 2012 at University Y.

    Thanks
    Nish

      1. Nish

        Thanks Saurabh for replying !

        If possible can you throw light on the fact that “What are my chances of getting the visa again considering I just have to change the university name on it ” .. I am going as per the norms of paying SEVIS again and appearing for the interview. I am not violating anything.

        Also can you just tell me to whom/site should i seek help referring to my particular case !

        Nish

        1. administrator
          Saurabh

          Nish,
          I think you will have a good chance if the new university is also a good one. The consulate has already confirmed that you don’t have immigrant intents, else they would not have approved the prior F-1. So the only thing left to look into is the university and course details.

          You can post on other prominent immigration related sites like murthy.com.

  4. shobhit

    @ kumar & saurabh,
    guys i have been going thru ur website for quite sum days and I really appreciate the gud work u ppl are doing, thanks a lot for putting so much info and helping ppl, do well. 🙂

  5. Lili

    Hi Kumar and Saurabh,
    I applied for H1-B in July 2010, being on my OPT after I earned Master Degree in the U.S. In September 2010, USCIS sent me the RFE letter asking for evidence that my position needs higher education. After I submitted the response letter and additional evidence, in March 2012, my H1-B was denied. During pendency of my case, I got licensed here and now my position has substantially changed. Can I file Motion to Re-open because of substantial change of circumstances or how should I proceed with the Appeal/MTR? Shall I file new LCA with it and/or amended H1-B petition? Also, when I applied for OPT, I did not change my i-94 card and it has expired in 2010 (during my OPT). Am I unlawful here now because my petition got denied and my card has expired? Thank you very much for any help and advice with my problem.

  6. RR

    Hi Saurabh,
    My wife has spent 6 years in US on L1A with a major Indian outsourcing company. Now she wants to quit her job and look for some other US company/consultant. I would like to know if we apply for a H1 now, will the 6 years spent on L1A matter? I had heard that in that case we need to be out of US for 1 whole year to begin a new H1 for 6 years. Please update.
    Thanks
    RR

    1. administrator
      Saurabh

      RR,
      This is correct. As she has spent 6 years in US on L-1, she needs to stay out of US for at least 1 year before applying for H-1.

  7. Vicky

    Hi Saurabh,
    I would really like to thank you for doing such a wonderfull work. My question is.

    I’m on L1-B visa and it is valid till June 2013. I have already worked on L1 visa for 3.3 yrs. My company would not apply for GC. So I’m planning to apply for H1B through some other employer in US in 2012. If my H1 gets approved than would my cuurent company come to know that I have applied for H1b through some other company? Also can I stay in US and work if my H1b gets approved couple of months before Oct 1 2012.

    If my H1 gets rejected would that impact my current job on L1.

    Thanks,
    Vicky

    1. administrator
      Saurabh

      Vicky,
      L-1 employer will not know about the H-1, unless someone tells them specifically about it. You cannot work on H-1 prior to Oct 1 (assuming H-1 gets approved w/ COS by then). In case of denial, you can continue working on L-1.

  8. Chani

    Hello Saurabh,

    I am F1 student on my OPT. I have my EAD card approved till Feb 2013 but I am not able to find a job yet. Now my marriage is fixed (he is on H1 B and in the US) . We both are planning to go to India for marriage in June. I want to come back on EAD and not on H4. Also my visa on passport is valid till Dec 2013 but I have graduated in Dec 2011.
    My worries are
    1) Could it be a problem having EAD and not having a job at the port of entry. If yes what is the best option to avoid it?
    2) Can I travel with my new I-20 which is approved till Feb 2013 or do I need to go to US consulate for F1 visa stamping.
    3) In the above scenario should I apply for H4?

    What are my best options to do and what caution should I take in above situation.

    I am really concerned about this situation. Your advice will be greatly appreciated.

    Thanks,

    Chani

    1. administrator
      Saurabh

      Chani,
      1. Yes, it can be an issue. To avoid it ensure you are employed by that time. On OPT, one can stay unemployed for at most 90 days.
      2. As your previous F-1 visa stamp is valid, you don’t need to go for another stamping. Make sure your I-20 is endorsed by DSO for travel.
      3. If you don’t get employed on OPT, then H-4 is a better option to return to US. The other thing you can do is find H-1 employer for yourself and have them file the petition for you in April. You can work for them on OPT while its under process (but again it comes down to getting employed).

      1. Chani

        Thank you very much. It helped me to see through the situation. Now I can see my options very clearly.
        Q. What if I do get a job on my OPT but no H1 visa sponsorship (that is most possible case for now), will that be ok to travel to India or I have to have H1 filed to return safely.

        Thanks,
        Chani

        1. administrator
          Saurabh

          Chani,
          If you have a job on OPT and no H-1, you can travel out and return to US on F-1 visa and valid OPT. You still need to make sure you don’t remain unemployed on OPT for more than 90 days.

  9. Rahul

    Hi Kumar/Saurabh

    I am on L1 and its valid till 2013 and my company is applying for my H1 now.

    My friends were saying that its happening now that:
    When you go to consulate for H1 stamping, they first cancels your all older visa and now if your new H1 is not approving you can not go back to US on your any of older visa also including L1.

    Is it so ? Please guide me.

    Thanks
    -Rahul

    1. administrator
      Saurabh

      Rahul,
      It is the officer’s discretion. They can either cancel L-1 when going for H-1 stamping, but they can also leave it as is.

  10. Pri

    Hi Guys,

    You have amazing work going on! It is extremely helpful to eager professionals.

    I am currently on F1 – out of status since 15 days. I plan to get an H1. My employer/sponsor has a firm which is fairly new (6 months). I will be the second employee/partner for this firm besides the owner of the firm. Do you think this reduces my chances to get the H1? also Do I need to get re-instated first before applying for the H1?

    Thanks!

    1. administrator
      Saurabh

      Pri,
      New companies are often subject to close scrutiny as USCIS has no information about them. USCIS would like to know how they will generate revenue to pay you your salary etc. As it’s a new firm, I would strongly recommend hiring a lawyer who can present the case in a solid manner.

          1. Pri

            I am on F-1 and am currently out of status since 15 days. So do I need to apply for re-instatement of my F-1 visa before I apply for H1?

          2. administrator
            Saurabh

            Pri,
            When you say you have gone out of status, do you mean that your course is completed? One usually gets 60 day grace period on F-1, which you must be currently on. The employer can file for OPT, and then you will be authorized to stay and work while on OPT. Else, you can only stay based on cap-gap while you cannot work until Oct 1.

          3. Pri

            I am out of status because I didn’t take classes this semester.
            So I don’t really have grace period. So I either need to start the re-instatement process or apply for H1 or leave the country.

            Thanks!!

            Priyam

          4. administrator
            Saurabh

            Pri,
            For H-1 to be successful w/ COS, you need to have a valid F-1 status. So yes, you first need to get re-instated and then apply for H-1.

    1. administrator
      Saurabh

      Naveen,
      I am not an expert in the questions you have posted. Maybe someone else can reply who can provide better guidance.

  11. Naveen

    Hi,
    pls suggest
    I want to come 2 us for ms in jan 2013 intake .Can u suggest me which technical courses need to learn before coming there.I have completed btech in cse 2010 currently working in small firm having experience of 1.3 years.I’m not intrested in programming.Like i’m intrested in erp .Kindly reply me which courses are in demand in usa such that it helpful over there waiting for your reply

    1. Sneha

      Hi,

      I second Naveen’s question.
      I want to go for MS (Supply Chain Management) and I too have an experience of 1.3 years. There is a rare chance of my company sponcering for my visa.. So I want to know more about cost involved for H1 and H4 visa. Apart from GRE and TOEFL scores what are the other essentials to persue MS in US. Kindly guide me with some related posts if any.
      Thanks in advance.

      Also I want to congratulate Saurabh and Kumar for the wonderful effort of helping the needy. You are doing a great job.. 🙂 Cheers guys!!

      Sneha

    2. administrator
      Kumar

      Naveen,
      Not sure about your educational goals…but, if you are planning to pursue MS, then you do not really need to take any courses. The University will define your course curriculum and suggest accordingly based on your interests.

  12. Vijay K

    Hi Saurabh / Kumar

    I posted an issue on your site on 02/12/2012, and I don’t see the posting anywhere on your site – has it been removed? If not, pl. let me know where I can find it and the replies to it. Your help is much appreciated.

    thanks

    Vijay K

  13. Naveen

    Hi,
    pls suggest
    I want to come 2 us for ms in jan 2013 intake .Can u suggest me which technical courses need to learn before coming there.I have completed btech in cse 2010 currently working in small firm having experience of 1.3 years.I’m not intrested in programming.Like i’m intrested in erp .Kindly reply me which courses are in demand in usa such that it helpful over there waiting for your reply

    1. administrator
      Saurabh

      Vishal,
      There are lot of articles written on this topic in the blog, and you can go through them. If you have any specific questions, then you can post on one of the blog pages.

  14. Vishal

    why u guys dnt reply wat d use of mainting this site i have posted query last week you guys r replying yesterday mails but not giving 2 my mail.

    1. administrator
      Saurabh

      Vishal,
      Scroll down on the page and see the reply I made to your post from last week (replied within 2 hours of your posting). Did you care to read that before venting out the anger?

      We are not getting paid to reply to folks over here. We are doing this for the purpose of helping, and throwing such tantrums will do no good to our motivation to help others.

  15. Vishal

    Hi Kumar,
    I want to come 2 us for ms in jan intake .Can u suggest me which technical courses need to learn before coming there.I have completed btech in cse 2010 currently working in small firm having expereince of 1.3 years.I’m not intrested in programming.Kindly reply me waiting for your reply

  16. Raghu

    Hi Saurabh,
    If I apply for H1 (Cos from F1 to H1) on April 1st 2012, then when would be the earliest I would know about the status of the application, with the assumption that there would be no RFE and such things.
    Thanks
    Raghu

  17. Rahul

    Hi Kumar,
    I want to come 2 us for ms in jan intake .Can u suggest me which technical courses need to learn before coming there.I have completed btech in cse 2010 currently working in small firm having expereince of 1.3 years.I’m not intrested in programming.Kindly reply me waiting for your reply

  18. Vadivel

    Saurabh,
    I have about 15 years of experience in total(11 years in 1 discipline and then 3 yrs of study in IT and then 1 year experience in IT). I am now applying for COS from F1 to H1.
    1. Should I mention all that experience on my resume that I submit ?
    2. Also, if I get the H1, and then go back to India for stamping, how many years of exp I need to fill out in DS160 form?
    3. Years ago when I came, I had filled out DS157. I dont think I can find a copy of that now. Just concerned if that info does not match exactly with what I fill in DS160…then what might happen

    1. administrator
      Saurabh

      Vadivel,
      1. It always help to mention all the experience as it can come in handy in future (Green Card filing as long as it is relevant)
      2. DS-160 form asks for experience for last 5 years and allows up to 2 past employer information to be put into that.
      3. It may be ok to be different. However, this time onwards always keep a back-up of DS-160 form for future reference.

  19. Naveen

    Hi Kumar,
    I want to come 2 us for ms in jan intake .Can u suggest me which technical courses need to learn before coming there.I have completed btech in cse 2010 currently working in small firm having expereince of 1.3 years.I’m not intrested in programming.Kindly reply me waiting for your reply

  20. Raghu

    Hi Kumar/Saurabh,
    I am on F1 visa and I have the 17 month STEM extension available to me. I am currently employed in consulting. I am happy with my employer and my client. Now my employer wants to file H1 for me this April. I had 2 questions

    1. Should I also file for the 17 month extension while I file the H1? The reason I ask is because if my H1 gets denied for some reason , then I can be on the extension

    2. Should I immediately take the H1 or are there any advantages staying on F1 for as long as possible?

    1. administrator
      Saurabh

      Raghu,
      1. Yes, you can do that. If approved, H-1 would be effective from Oct 1, while OPT extension would get approved for an earlier date (processing time is usually 2-3 months).
      2. Taxes is one big advantage of staying on F-1. One doesn’t need to pay Social Security and Medicare taxes when on F-1. It comes down to around 4-5% per paycheck.

  21. Vishal

    Hi Mr. Kumar and Mr. Saurabh,

    Its good to be making information spreadable 2 everyone..
    I got a job in us company last week .after how many days should i ask hime to apply for h1 visa.And how much it takes process to complete.And when is shall get expire on what basis .please provide information waiting for your reply

    1. administrator
      Saurabh

      Vishal,
      They can apply H-1 when the new quota opens which is April 1, 2012. Once it has been approved, you can go for H-1 visa stamping and then travel to work in US from Oct 1.

  22. Hari

    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!

    1. administrator
      Saurabh

      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).

      1. Barbora

        Hi Saurabh, I have the same issue – I am not able to find the unsubscribe link. Could you please help me out with this as well? Thank you!

        My e-mail address is nemcova [dot] barbora [at] gmail [dot] com

        Thanks!

        1. administrator
          Saurabh

          Barbora ,
          I have removed your email address from all blog pages. Let me know if you still receive notifications. Probably you won’t get notified about this message either 🙂

  23. Chani

    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

      1. Chani

        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.

        1. administrator
          Saurabh

          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.

  24. abc

    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

  25. sujal

    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

    1. administrator
      Saurabh

      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?

        1. administrator
          Saurabh

          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?

  26. Sachin

    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.

    1. administrator
      Saurabh

      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.

      1. Sachin

        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 ?

  27. Sachin

    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

    1. administrator
      Saurabh

      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?

      1. Sachin

        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!

      2. Sachin

        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

        1. administrator
          Saurabh

          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.

          1. Sachin

            Hey Saurabh-
            Long time another question on the same lines, if you can answer:-)

            After I move to H1 and as you mentioned a new I-94 will be issued.Since I am doing a COS from L1 to H1, I dont have a H1 visa only L1 visa for now since I am in Us.But of I leave US say by end if December and go back to India, how can I come back?
            Will I have to get VISA in India? I know I will have to I guess..
            What happens in case it is not approved?
            Can I use my L1 I-94 and L1 VISA to Re enter or will it be Quashed as soon an H1 I-94 is issued?
            How this works?

            Please suggest.

            Thanks,
            Sachin

          2. administrator
            Saurabh

            Sachin,
            You will have to go for H-1 visa stamping and then return on H-1 visa. You can return on L-1 visa only if L-1 employer wants you to return to US on L-1, else I would suggest not using that visa anymore.

          3. Sachin Srivastava

            Thanks Saurabh, somehow the reply button on your response is invisible so I am replying on my thread…

            Give the scenario you explained, I have a question/dilemna.
            As you would know I am planning to move to H1 and will be visiting India in December.
            Option 1 – My idea was to go to India right now, get h1 stamping and come back, so even if I dont get H1, i can return on L1 since I would not have resigned from current co yet
            Option 2 -Move to H1 right now in Us, work for 6 months and then go for stamping in December.

            What is a better option according to you?
            Option 2 has a risk that H1 may not be issued and I may not be able to come back.
            Option 1 – H1 may not be issued as I would not have worked in H1.

            Is it better to work on H1 and then appear for Visa, does it increases chances or can I go with Option 1 and not worry about having worked on H1 or not before interview.

            Please advise.

            Thanks,
            Sachin

          4. administrator
            Saurabh

            Sachin,
            Both carry their own set of risks. Going for H-1 stamping after working on H-1 for sometime, definitely increases the chances of approval, but it doesn’t provide 100% guarantee. However, if you are looking for back-up options to return on L-1, then it is more when you go to India early rather than in Dec.

            Talk to your H-1 employer and get a feel on how easy/difficult stamping would be and it could provide more guidance.

          5. Sachin Srivastava

            Thanks Saurabh/Pras,
            I will talk to my H1 employer and see what options I have.
            I am trying to avoid resigning from my L1 employer here in US cause I have heard in forums they create lot of trouble and dont give exp certificate if one is applying for GC ( thats why the plan to go to india )and appear for h1 and resign there. Any thoughts?

          6. administrator
            Saurabh

            Sachin,
            When it comes down to experience letters required for GC, they need to be in specific format such that it includes your job duties and mentions specific skills you employed. Even though employer is ready to issue experience letter, they do not issue in that format. So you will have to see how much important that letter is to you. At times, attorneys are able to accept letters from colleagues or managers and use them for GC purpose.

          7. Sachin Srivastava

            Yes I guess might to have find a way out as you suggested.I will check with my employer and get back with questions if any.
            Thank you much!

  28. frien

    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

  29. Shilpa

    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?

    1. administrator
      Saurabh

      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.

  30. ash

    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.

  31. Chandran

    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

    1. administrator
      Saurabh

      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.

      1. Chandran

        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

          1. Chandran

            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.

  32. Selva

    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?

    1. administrator
      Saurabh

      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.

  33. Sudhakar

    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

    1. administrator
      Saurabh

      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).

  34. Sumit

    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

    1. administrator
      Saurabh

      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.

      1. Sumit

        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,

        1. administrator
          Saurabh

          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.

  35. ps

    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 …

    1. administrator
      Saurabh

      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.

      1. ps

        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

        1. administrator
          Saurabh

          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.

  36. mahe

    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.

    1. administrator
      Saurabh

      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.

      1. Mahe

        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.

        1. administrator
          Saurabh

          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.

  37. Shetty

    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

    1. administrator
      Saurabh

      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.

      1. Shetty

        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.

        1. administrator
          Saurabh

          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.

  38. santosh

    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.

    1. administrator
      Saurabh

      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.

  39. Skand Purohit

    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 ??

  40. Bharat

    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

    1. administrator
      Saurabh

      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.

  41. Ajaykumar

    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

    1. Bharat

      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.

      1. Ajaykumar

        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?

  42. Thomas

    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

    1. administrator
      Saurabh

      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.

  43. hari

    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.

    1. administrator
      Saurabh

      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

  44. Shoubhik

    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

Leave a Comment

Comments Policy :
  • Comments are to drive conversation, add your thoughts, experiences, ask questions!
  • Do NOT write hate speech, swear words, or get into fight. Maintain etiquette
  • Enter your Name, valid Email, URL(optional - Facebook, LinkedIn profile URLs).
  • Your email will NOT be published. Do NOT post any phone numbers, email-ids
  • Do NOT post any links from other websites, unless official sites, University websites.
  • By submitting your comment, you agree to Term and Conditions of our website.