RedBus2US - Q&A - Recent questions and answers in L1, L2, H4, B Visas & Misc

my wife is on h1b visa, i am working in india, US job needed

Sat, 18 May 2013 08:50:36 +0000

My wife is on h1b visa, and working in US.I am working in india, pls let me know the ways to get a job in US .I am 8 years experienced PLM Teamcenter consultant in India.I am working in a senior role in a reputed MNC here , but as her assignment is long term , there is no other way for me except to go there . So please let me know how i can procure ajob on teamcenter in US(CA state)? regards, Ram

Does B1 Visa application automatically cancels H1-B Visa?

Fri, 17 May 2013 16:41:21 +0000

Hi,

I am working with company A and my H1B Visa is stamped. The stamp is expiring in Sep 2014. I have not travelled to US yet.

Now I have got an offer from Company B. They say that they plan to send me to US but they don't want me to travel on H1B Visa. They want to apply B1 Visa for me.

1) Will my H1-B visa automatically get cancelled if I go for B1 also?

2) Can H1-B and B1 be valid together at the same time?

3) Can I travel on my existing H1 B also after my travel on B1?

Answered: got 221g pink slip on 9th april2013 no visa update yet need help

Fri, 17 May 2013 02:22:02 +0000

Usually its 4-5 weeks, but it can go longer. May be your H1's employer didn't respond on time or USCIS is not processing so fast. Talk with your H1's employer to see if they received / their client received any enquiry.

Answered: Allowed bag size in aircraft while traveling to USA

Thu, 16 May 2013 21:27:24 +0000

It will be their discretion. Usually they are not very strict about it unless it doesn't go into the overhead bin. At times, they also ask you to but the bag inside the basket kept at the airport to ensure it goes into the overhead bin.

Answered: H-4 stamping when there is an approved H1-B

Thu, 16 May 2013 18:08:57 +0000

That is incorrect. When the spouse is on H-1 visa, visiting visa has a higher chance of denial and one should only use H-4 even if it was for temporary visit.

You may be asked some basic question about your wife and her employment. You may also be asked what you plan to do in US which on H-4 means be together w/ family, enjoy US, travel etc

Answered: H1B selection in lottery get impacted if i go for L1B interview right now?

Thu, 16 May 2013 17:48:55 +0000

No, it won't

L1B to H1B - chainging counselor to COS after petition acceptance

Wed, 15 May 2013 18:45:06 +0000

I have L1 VISA with company A.

I have applied for H1B VISA with company B. It's still under process. I have filed as consular processing and not COS. I might need to travel to US in next few days (while my H1B is still under process) on L1 VISA with Company A.

I have following concerns:

Can I travel to US on L1 when my H1B is under process or petetition is approved before I travel?
Can I resign in US on L1 VISA? (My company India's policy states that I cant resign on L1). Will that India policy valid in US? Can my company refuse my resignation or refuse giving me experience letter?
Can I choose to continue with L1 employer even after my H1B petetion is approved? What's the time limit for me to convert to H1 status (to use my approved H1B petetion)
Can I amend my H1B application (once petetion is approved) to be COS instead of consular processing?

Answered: Is there any restirction if I join a direct client?

Tue, 14 May 2013 13:38:44 +0000

There is no law which would stop you from joining the client directly. The only problem might be a non compete agreement with you and your current employer. usually it states the number of months you can not join any client introduced to you while you were employed with that employer.

Can I travel on H4 when my H1 is under processing?

Tue, 14 May 2013 06:44:29 +0000

Hi Saurabh,

My H1 application is filed at USCIS and I have my H4 stamped.Can I still travel on H4 for 2 months(July-Aug) and come back for H1 stamping?Will I be questioned at POE?

Thanks alot.

anybody filed H1 B visa for a dependent spouse working in HR field?

Tue, 14 May 2013 04:27:16 +0000

Has anybody files H1B visa for a dependent spouse who is working/has experience in Human Resources (HR).

1) If yes could you please share the consultancies or companies who have filed it. I am trying to explore options for HR work in US for my spouse.

2) Is there any rule if the spouse has to be in US during his/her H1B filing and/or processing?

Vacation when extension is in process

Mon, 13 May 2013 05:24:34 +0000

Hi,

Currently my L1B visa extension is in process and can i go to India once the extension is filed and i receive the receipt number. I will come back to US after stamping from India, if my extension is success.

Answered: What is the differnece between L1B blanket and L1B individual?

Sat, 11 May 2013 14:23:41 +0000

When they cover multiple individuals under one petition it is blanket. So they can file L-1 for 25 positions under blanket and not name those 25 people. Later, they can keep adding people to that petition as per the requirements. Blankets have higher denial rates than individual petitions these days.

Answered: Apply L2 EAD renewal when only primary applicant extension status is known

Sat, 11 May 2013 14:14:08 +0000

You will need to submit your own I-94 copy for EAD renewal. I assume your EAD is expiring in June 2013. If yes, then you need to wait for your approval notice. Usually when the petitions are filed together, they should get approved together.

Ask the L-1 attorney to follow-up on the case. Normal processing time is 2-3 months

Answered: F1 to H4 COS while H1 not started

Sat, 11 May 2013 14:12:15 +0000

1. Yes, she can and give her H-4 start date as Oct 1. Until then, she will have to maintain her F-1 visa status

2. Her H-4 will become effective from Oct 1 and she will remain on F-1 status until that time

3. Yes, whatever it takes to maintain her F-1 status

Answered: What is education credentials for processing L1 Visa?

Sat, 11 May 2013 14:10:57 +0000

I don't think there is any requirement for education credentials for L-1 visa unlike H-1.

Answered: L1-B expired, I-94 Valid, dependents fresh visa on I-94

Sat, 11 May 2013 14:09:48 +0000

You mean your dependents need to go for L-2 visa stamping. They will need your latest I-94 copy, I-129 and 797 copies. Are all of these not expired? Your L-1 visa stamp copy is also needed, but it's ok for it to be expired.

Answered: Selected in H1B 2014 lottery. How about getting my spouse a H4?

Sat, 11 May 2013 13:59:02 +0000

Are you outside US or inside US?

Answered: Is B1/B2 stamping cancelled on getting a H4 stamping ?

Sat, 11 May 2013 13:51:32 +0000

It will be VO's discretion. If the B-1/2 visa stamp is not physically canceled in the passport, then it will remain valid.

No, H-4 applicant should traveling to US prior to H-1 visa holder. H-4 is a family reunion visa and as long as H-1 holder has not traveled to US, there is no question of family reunion in US.

Answered: L1-B visa Applied for H1-B but went to India for 3 weeks.

Fri, 10 May 2013 17:44:04 +0000

Yes, they can return to US on L-2 w/o any issues related to your H-1 processing.

Did you file COS for your dependents from L-2 to H-4? If yes, then the same will be abandoned once they leave US, and will have to refile the same. This needs to happen or else they will be out of status once you move to H-1 from Oct 1 (assuming H-1 is approved by that time).

Answered: L1B extension is in processing till september and to make my H1B safe

Fri, 10 May 2013 17:28:28 +0000

Yes, that is one option. The other option is that you join the new employer on the basis of newly approved H-1 petition w/ COS. And then ask L-1 employer to withdraw L-1 extension petition.

Answered: My mother last name is different in her passport

Thu, 09 May 2013 22:09:12 +0000

You can amend your mother's passport. Change her name there.

My friend did the same and depending on the country it might take time. Usually its pretty fast.

Answered: Recapture of time in L1B and Green card for L1B

Wed, 08 May 2013 21:57:05 +0000

1. Yes, GC can be filed while on L1B

2. Your clock started only after you entered US in Aug 2009.

If you get H1 approved this year, you get a total of 6 yrs (excluding vacations spent outside US since Aug 2009).

If your H1 is not selected or approved this year, you can go for L1 extn next year and also H1.

If L1 extn is declined and H1 is approved next year, you have to leave US till Sep 30. You can enter only on or after Oct 1, 2014. (If I-94 expires before Oct 1.)

If L1 extn is approved in March 2014, you can continue to stay and assuming you will get H1 next year, you can use it after your 5 year clock of L1 and stay for an extra one year to reach the 6 year L1+H1 clock.

Answered: Can one get new I94 after re-enter US from CANADA?

Wed, 08 May 2013 19:58:22 +0000

When you go to Canada or Mexico and return to US within 30 days, they won't even take your I-94 in the last port of US.

Answered: New or Exisitng Petetion For L1B incase of Extension

Wed, 08 May 2013 17:48:23 +0000

Since your current L1 is valid till Nov 2014, you can re-enter with the existing petition.

If you are travelling after Nov 2014, you need extension docs as well and it is treated as new petition - extension is just a word. Extension in real world only means extension of stay and not visa/petition.

You will get new L1 stamped when you attend the interview and clear it. Old one will be void and your 5 year clock is still ON.

When you file extension, you will need existing docs. Attorney will ask for those.

Answered: But I have I-94 valid until Dec 2015 .

Wed, 08 May 2013 16:42:23 +0000

As long as you are sure, you will not leave US till Dec 2015, you are fine. It is perfectly legal.

Yes, if L1 extn comes through and you re-enter US, you will need it to be stamped.

You need extn only if you are planning to leave US before Dec 2015 and want to re-enter.

Answered: New L1 B Visa Stamping (I-94 is Valid)

Wed, 08 May 2013 16:08:02 +0000

You are correct. Problem comes only when you leave US and want to re-enter.

Apply for extension before Nov 2013 and Canada is acceptable.

Answered: L2 - EAD Application- Ways check what is going on?

Mon, 06 May 2013 16:51:14 +0000

You can call USCIS at 1-800-375-5283. My friend got his wife's EAD status check by calling them.

Answered: Currently in L2EAD.Options if I am not selected in H1B lottery.

Fri, 03 May 2013 21:38:56 +0000

If you qualify for L-1, then they can file L-1 COS for you. Otherwise, you need to move to H-4.

Are you aware of L-1 requirements?

Answered: B2 Visa sponsorship, should I use L1 B or H1B I-797

Fri, 03 May 2013 19:14:35 +0000

If she is appearing n May, you will be on L-1. So use that as the basis.

Answered: L2 to H1; Is it independent of L1 to h1 petition ?

Fri, 03 May 2013 19:12:47 +0000

Uma,

If she got I-539 for L-2 to H-4, then there is a good chance that you have made through the cap.

If her H-1 petition gets approved, then you should withdraw her L-2 to H-4 COS, as its approval will put her status to H-4 from Oct 1.

If her H-1 petition is approved later, then her eventual status from Oct 1 will be H-1.

Keep in touch w/ your attorneys as you have lot of moving pieces here.

Answered: My parents are not granted B2 visa, rejected 4 times

Fri, 03 May 2013 19:03:54 +0000

You cannot talk to them directly. You can just express your intent in the letter your parents will carry to the consulate.

Usually, past rejections way heavily on future stampings in case of tourist visa. Once they are rejected, any new officer needs to be more than sure to overturn previous decision.

Good luck!

Answered: L1 B extension filed and waiting for response,I94 expiry can be stayed ??

Thu, 02 May 2013 17:51:10 +0000

You can stay until USCIS gives a decision on your extension. If RFE is encountered and if your employer can provide one you can still stay. If RFE and your employer withdraws your extn application, you need to go back immediately.

Answered: Can any consultancy file L1-B?

Thu, 02 May 2013 17:42:15 +0000

You don't need LCA for L1B.

If you are going for L1B there are rules like minimum 1 year of employment with the applying employer and all those. Be careful with the terms. L1 is for specialized skills with inhouse skills of the company. You cannot apply L1 with skills of just open source technologies. Read USCIS website - http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=bfd10b89284a3210VgnVCM100000b92ca60aRCRD&vgnextchannel=bfd10b89284a3210VgnVCM100000b92ca60aRCRD

To qualify for L-1 classification in this category, the employer must:

Have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate, collectively referred to as qualifying organizations); and
Currently be, or will be, doing business as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the beneficiary’s stay in the United States as an L-1. While the business must be viable, there is no requirement that it be engaged in international trade.

To qualify, the named employee must also:

Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States; and
Be seeking to enter the United States to provide services in a specialized knowledge capacity to a branch of the same employer or one of its qualifying organizations.

Specialized knowledge means either special knowledge possessed by an individual of the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization’s processes and procedures (See 8 CFR 214.2(l)(1)(ii)(D)).

Answered: RFE for L2 EAD extension asking for I-539

Thu, 02 May 2013 02:02:12 +0000

I-539 is extension of status or change of status document that is filed w/ USCIS when asking for extension of status.

What form did you submit when applying for her extension?

Answered: how do I Invite a friend from India to attend wedding in USA?

Thu, 02 May 2013 01:57:06 +0000

1. They need to apply for B-1/2 visa

2. No

3. Yes, visitor visa or tourist visa process - both are same.

Answered: L1 expired I-94 valid 2 years can I file dependent L2 visa?

Wed, 01 May 2013 19:51:46 +0000

When you say your L1 expires 4 May, you mean just the visa stamp in your passport? The visa stamp only needs to be valid if you travel outside the US and re-enter.

If you are still in L1 status then your dependents should be able to apply for a new L2 visa stamp.

Answered: Travel to India while H1B 2014 applied

Wed, 01 May 2013 02:42:46 +0000

Your L-1 stamping will not be impacted by what's happening w/ your H-1 petition. The only thing that will be impacted is that your COS from L-1 to H-1 will be abandoned if you leave US prior to H-1 approval.

Answered: I am having L1 visa , I want to invite my parents in USA

Tue, 30 Apr 2013 02:35:02 +0000

B-1/2 is the right visa for them.

Here is an article on the process and documentation:

http://redbus2us.com/visitor-visa-b2parents-usa-documentation-stamping-experience-2011-hyderabad-india/

Answered: H4 conversion to H1 for husband

Tue, 30 Apr 2013 02:22:42 +0000

He can apply for H-1 through a company when the cap opens next. The next earliest date to apply H-1 is April 1, 2014 and the earliest date to start working is Oct 01, 2014.

Answered: Getting ready for H1B result while thinking about H4

Mon, 29 Apr 2013 22:52:54 +0000

1. Then he will remain on his current visa status until its expiration date

2. He will remain on OPT until July 09, and will then have 60 day grace period. He gets 60 day grace period from OPT expiration date during which he can file for H-4 COS. However, an easier way is to upgrade the petition to premium processing so that you know the result in time and can take appropriate actions.

Answered: Studying certified courses on H4 visa?

Mon, 29 Apr 2013 22:21:35 +0000

With H4 you can study whatever you like only you wont be qualified for OPT/CPT.

You can do MS/MBA.

any docs required to be carried along while going for OFC appointment?

Mon, 29 Apr 2013 16:34:16 +0000

i have an appointment of OFC, for b1-b2 visa (tourist) on 1st of may 2013. iwhat are the documents required to be carried along? after this, another appointment is on 16th of may which , i guess, is for interview. i have been invited by my friend, to visit US, for tourism. i wish to know about possible questions. and what are the docs reqd at the time of interview. i am a central govt employee and have identification certificate fm employer giving details abt lengths of my service, my leave account, and my salary. will this help? plz guide me asap, on this and all related things. i am quite tensed. i intend to go for a month.... should i carry a full file in original as well as xerox, of required docs? original for verification and xerox for submission??plz plz enlighten me with all required details abt b1-b2 visa...thnx

if some expert is open for chat, plz send me id for the same..

Answered: If I switch a company do my spouse has to go to India for H4 stamping?

Mon, 29 Apr 2013 06:41:40 +0000

1. If she already has a H-4 visa stamp in her passport, then no stamping is required. Else she has to get it stamped through your current employer at that time.

2. Nothing like that

Answered: I-94 Extension For L2 Visa same like L1 Visa holder

Mon, 29 Apr 2013 02:17:31 +0000

You can refer to below 2 threads in this forum. No Need to go for extension. Go for I-94 Correction based on your spouse's I-94 Validity. It does work for sure. All the best.

1.L2 I-94 extension based on L1's I-94 without filing extension for L1 visa

2. L2 EAD Procedure ? Is SSN required before applying EAD?

Answered: H1B Dependent Visa Related Clarification

Sun, 28 Apr 2013 18:18:55 +0000

Ask your company to file H4 for your wife also as she is considered to be your dependent .

Once she gets her H4 Visa she can travel with you.

Answered: L1B RFE... H1B 2014 cap approved... Can i not respond to RFE

Sun, 28 Apr 2013 18:15:42 +0000

Hi Rajesh,

Below are the answers that can asist you:

a) Am i bound to respond to L1B RFE by May 23rd? Can i not respond to RFE and stay untill full period (240 days from expiry

[Answer] Yes, you are bound to reply to the RFE else your L1 extension would be considered null and void and you cannot stay in US.

b) Is the stay period of L1B 240 days after expiry? IF so, 8 months from Feb 6th will be Oct 6th, whcih i will be good to work on H1B staring oct 1st

[Answer]: No, this is not valid.Let me explain you.

You have filed L1 to H1 that means COS is from L1 to H1 which means in order to change your status you should have valid status first. Your vaild status of L1 ended on 6 feb2013.

Now if you want to work on H1 frm 1 oct you can do two things:

1) Reply L1 RFE, if its gets approved then you dont have to leave the country and from 1 oct you can start working on H1

2) If your L1 RFE gets rejected then you have to leave US go for stamping for H1 and then again enter US on H1 B.

if you are not planning to reply RFE then you have to leave US before the time expires to respond the query, go for H1 stamping in India and then enter US again on h1b visa

Hope it helps!

Answered: Approved h4 Petition and change of name

Sun, 28 Apr 2013 16:57:08 +0000

1. No amendment required. Just carry your husband's latest 797, your passport and complete DS form accordingly.

2. The petition you are referring to, is filed only when you are inside US and want to extend/change H-4 status. Did you have this petition when you first entered US? Probably not, and so no change required

3. The child needs H-1 visa stamped. The child is eligible for interview waiver program, and you can carry the baby's passport for stamping along w/ yours.

4. No. Refer (3) and search online for interview waiver program for children.

Answered: L1B extension - Go to india and return on the extended L1B

Sun, 28 Apr 2013 16:41:13 +0000

1. L-1 extension from inside US means extending the I-94 as 797 usually has indefinite validity. What's the validity of your 797? Once you leave US, this I-94 will be closed and a new one will be issued on your return.

2. You will have to go for stamping as long as your current L-1 visa stamp has expired. This holds true even if the L-1 was extended inside US. Also, L-1 extension doesn't guarantee successful visa stamping.

3. As it's I-94 extension, it will be abandoned.

4. I think it can be applied in PP, but you can confirm w/ your attorney.

Answered: H4 to F1-- Fresh Stamping or COS. Please advise.

Sat, 27 Apr 2013 10:16:48 +0000

Check with your school's international office.

Probably it makes no difference. If you change status to F1 in the US without getting a stamp, then next time you travel outside the US you'll have to get an F1 visa stamp before you can return.

Answered: Reg H4 visa - Can i Travel to india

Thu, 25 Apr 2013 20:55:11 +0000

When you file for extension, you are basically requesting extension of your I-94. If you leave US while that extension is pending, then the same will be abandoned.

When returning to US, you will have to show copy of your spouse's H-1 and you will be given H-4 I-94 based on that document. When is H-1's 797 expiring?