Applying for an H1B visa to work in the US could be a very lengthy process. Sending all the correct set of documents to your employer is very important. But, there are many employers, especially IT body shop kind of companies, that can ask you for certain original documents to lock them with you. Also, if you are an F1 student on OPT applying for H1B, you will also require an additional set of documents from the school.
The documents needed for H1B Registration Process, which includes H1B Lottery, has even fewer document requirements. In this article, we will cover the list of documents needed for filing an H1B Visa petition with USCIS, including H1B registration, the high-level cost of filing, and what you should not give to your employer.
If you are new to the process, read How to Apply for H1B Visa: Process from Lottery to Stamping.
H1B Visa Filing – Registration vs. Actual Petition Filing
USCIS changed its H1B Visa filing process starting from the Fiscal Year(FY) 2021 season. In the new process, they introduced the H1B Registration Process, where employers need to first register the H1B applicants or employees in the H1B Registration Online Tool, whom they intend to sponsor H1B to work in US.
If more than 85,000 H1B registrations are submitted in the online system, then USCIS will run lottery first on the registrations as needed and give H1B Selection Notices. Employers will file actual H1B petition with USCIS after they are selected in registration process.
Let’s look at what is needed for each of the processes.
Documents Checklist for H1B Registration Submission
Employers need basic information regarding the employee or applicant to submit the H1B registration using the USCIS online tool. Below is the information required to be filled out online by the employer regarding the applicant. All you need to submit is Passport details( if the applicant has it).
- Legal Name of the H1B applicant – First, Middle, and Family Name
- Gender of the applicant
- Option to select, if the applicant is eligible for US Masters H1B Quota
- Date of Birth
- Country of Birth
- Country of Citizenship
- Passport Number or Travel Document Number
So, technically, there is not much personal info or documents that need to be given for the H1B registration process other than a passport. Below are the documents you must submit
- Copy of your Passport or Travel Document
- Copy of Degree Certificate or Transcripts ( to identify regular or masters cap)
Now, let’s look at the second step after selection in registration.
H1B Visa Petition Filing Documents Checklist for USCIS
If an applicant is selected in the H1B registration process, then the corresponding applicant’s employer can file H1B Petition with USCIS. To submit H1B petition or application with USCIS, the H1B applicant needs to submit the below documents to the employer for preparing the petition and submitting the same to USCIS:
H1B Cap subject Petition Filing Documents Checklist
Below is the full list of documents that you need to submit to the employer, if you were selected in the H1B lottery to file a new H1B cap-subject petition with USCIS.
- Copy of all educational certificates.
- 10th Grade Certificates, 12th Grade Certificates
- Bachelor’s Degree Certificate (Marks sheets as needed)
- (if you have done Master’s) Master’s Degree Certificate.
- (if you have done PhD) PhD relevant
- Employers may do an education evaluation if you do not have a US Degree,
- Copy of Passport – all pages
- If your degree is from a US University, Transcripts and Degree award certificate.
- If your degree was from a US University, the copy of your I-20
- If you are currently living in US, copy of I-94 ( electronic or physical copy)
- Your latest Resume.
- If you have lived in the US and paid taxes, copy of previous W2 tax forms.
- If you have lived in the US, copy of your driving license or state ID
- If you have lived in the US and have an SSN, a copy of your Social Security Card.
- If you have done an education evaluation, a copy of the education evaluations too.
- Work experience certificates (if any )
- If you have any evaluation reports from work, copy of them too.
If you are an F1 Student working in the US working on OPT or STEM OPT, you will need additional documents as listed below.
- OPT Card Copy
- STEM OPT Card Copy ( if applicable)
- Copy of the latest I-20 from your DSO that show OPT authorization.
- Copy of the I-94 ( electronic stating your student status)
- Pay stubs related to your work on OPT
- I-983 Training Plan for STEM OPT Students.
H1B Transfer Additional Documents Checklist
If the applicant is applying for H1B Transfer the below additional documents would need to submitted, in addition to the above listed documents under new H1B petition checklist.
- Your most recent H1B approval, copy of previous H1B approval notices (I-797 form).
- If you are transferring H1B, copy of recent 3 months pay stubs from your previous employer
What Documents you should not give to H1B sponsoring company?
Consultancies, aka IT Body Shop companies, sometimes trick you if you do not know the process. They may ask you for original certificates, like your actual passport, and all other originals of your education certificates.
You should NEVER give any of your original documents such as your degree certificates, mark sheets, passport, or any other original documents to anyone. You only need to give scan copies of the same.
You will need to carry the originals only when you go for H1B visa stamping, but not for applying H1B Visa petition with USCIS.
USCIS will never ask for any originals, they may ask for education evaluation documents, but not the originals. There are always some exceptions and if they ask, please ask your H1B filing employer to show you exactly what they got from USCIS and then only submit if needed. If you give the originals, you are stuck with the employer who filed. DO NOT give any originals.
How much does filing H1B Petition really cost?
The cost of filing the initial H1B Registration is $215. If you get selected in the H1B Lottery, then the company will submit the H1B petition with USCIS.
The H1B petition submission fee varies by the size of the company. As of the H1B FY 2026 season, it can range anywhere from $2225 USD to $7595 USD + the Attorney fee( if any).
There are various fees components that make up this number range. For full details, check H1B Visa Filing Fee Details – Summary
You should check USCIS website for correct H1B filing fee, as they revise fee every few years or so.
Who pays for the H1B Visa petition filing Cost?
As an employee, you should not pay any fee for an H1B petition filing with USCIS. it is H1B Sponsor’s expense and their responsibility to pay for all the expenses regarding H1B filing…Overall, do NOT be tricked by your H1B filing employer/ IT body shop company.
Understand H1B Visa Holder Rights – US Department of Labor Assistant
If you are a new H1B seeker or an existing H1B employee, it is important for you to understand the rights of an H1B worker. The US Department of Labor has put up a nice assistant for you to give guidance on various aspects like Immigration fees, bench pay, wages, etc. Read H1B Holder Rights Assistant by the US Dept of Labor.
What has been your experience? What is the checklist?
Hi Saurabh,
I need to apply for a H1B 2013 .
I have 3yrs of IT experience–have experience and re leaving letters
I have done my 2years P.G (Msc- computer science)– have all the original mark sheets for all the 4 semesters, but i do not have provisional degree certificate.
I have done my 3years Bachelors degree — have all the documents (mark sheets , provisional)
I would like to know if the absence of my P.G provisional certificate will effect my H1B filing.
Awaiting for u r reply.Thanks!
Regards,
sandhya
Sandhya,
It is best to have those degree certificates. I cannot say w/ surety that there will be no issue. You will have to check w/ your attorney on how they plan to address this.
Thank U saurabh,,
Hii Company has initiated H1B for me.I have completed my Diploma in 2007 and joined mnc having now total of 4.8 years Exp and current comany relevant exp is 3.5.I did my BE in correspondance.Can i go a head file the visa by using Diploma or BE correspondance.If iam a diploma holder how many years of exp they require.Is H1B consider part time BE course or not??
Please help me to understand
Chanti,
You should submit your degrees/marksheets to education equivalency agency in US. Once they confirm that you have at least 4 years of US education, you are all set. Else, you need at least 3 years of relevant work experience for each missing year of education.
Hi ,
I am going to fill my H1B petition for the year 2013. I have completed my masters and have degree of it but I dont have my Bsc degree as Bsc degree never being asked as msters degree is available.
Can I submit my application without submitting Bsc degree. I have Bsc final year mark sheet in place and uploaded the same on portal also.
Thanks.
Surbhi,
You mean to say you completed B.Sc but weren’t issued the degree. Can you get it now from your college?
I suggest getting your degree and marksheets evaluated by an equivalency education agency in US. Once they confirm what is the US equivalent of your education and if it comes out to be more than 4 years of US college degree, you should be fine. If it comes out to be less, then you need to have at least 3 years of relevant work experience for each missing year of education.
Hi Saurabh,
Thanks a lot for this informative post. I am looking to apply for H1 B 2013, during my B.E. I had accrued backlogs in some subjects (4 of them). Will this impact my chances of getting H1 or L1 (for which extension is currently pending? Over all my BE has over 70% and I have more than 5 years of work experience including around 2 years in US. But with the recent restrictions I want to know does it have any impact, it did not seem to matter when I got the initial L1 in 2009.
Ram,
If you eventually graduated, then it will not impact your H-1 or L-1 processing.
my petition was filed on 2nd April 2012, in how many days I will get the receipt number?
Mayank,
Employer/attorney should receive the receipt number within 1-2 weeks, and they can then share it w/ you.
I have filled H1 visa thru my employer which is one of the top mnc but I made a big mistake which I now realize, I produce 2 years of fake education document along with my all genuine educational certificates. Now I realize how big that mistake, Pls. let me know if authorities will verify each and every education document which I produce with my application.
Jai Singh,
Yes, they can verify them.
hi saurabh,
I have a question.. while filing h1b through a consulytancy firm, whom should i ask to provide the LCA.. the consultancy firm,the prime vendor or the client?
What should be the case if multiple vendors are involved and in case of direct vendorship.
Meera,
Always the employer (i.e. the one filing the H-1) needs to file the LCA.
Hi Saurbh,
A employer in US is ready to file H1B visa for me.I have done my engineering so I assume my degree is equivalent to the engineering degree in US.I had a year down during my Engineering due to some personal issues.
Now I have around 8+ yrs of experience.
The attorney who will be filing mentioned that he is waiting to hear from the education evaluator.
I am worried if the year down matters in this case and does it hamper my chances of H1 being filed.
Plz let me know.
Thanks a lot,
Shaavi
Shaavi,
I don’t think that a year break would impact the outcome of education evaluation. They primarily look at the courses you have taken, the credibility of the university and degree, and then determine whether the education is equivalent to US Bachelors or not.
Hi,
The company which trying to apply my H1 is very small comapany with less than 25 employes and they do not have any non immigrant empaloyes. Will they have to pay this ” H1B fee $2000″? Can you please clarify me how much they needs to pay Inorder to apply h1 b for me and dependent visas to my family (wife, and two children) how much they needs to pay?
Thanks in advance.
Kumar. R
Kumar,
If they have less than 50 employees or if they have less than 50% of them on H-1 and L-1 visas, then they do not need to pay the $2000.00.
Hello Saurabh, This is Raj. I am going to apply for my h1 next month. But What I have found is I dont have my Engineering Degree Certificate with me. Is Engineering Degree certificate mandatory for H1? Can I apply for H1 without degree certificate by showing the provisional?
Raj,
You need to be able to show that you have at least 4 years of college degree in order to apply for H-1. I am not sure if just the provisional certificate would work or the actual degree is also required. Check w/ your attorney and meanwhile you can initiate the process to get it from your college.
Hi Saurabh,
My company is filing H1 for me. In case,I leave my company after getting H1, I need to pay them whole processing fees.In that case I want to know, even after paying all the amount,will the VISA be canceled?
or it will be like transferable,if my next company want to buy that.?
Neha,
What do you mean by ‘buy’? H-1 fees need to be paid by the employer and legally they cannot ask the employee to pay for the fees.
Neha,
The employer can decide to cancel your petition. They can also decide to cancel your visa stamp, but for that they need you to submit your passport. It would be up to whether to submit the passport or not. Even after petition has been canceled by employer, you can still use it for H-1 transfer. In case visa stamp has been canceled, you will have to go for stamping again.
Hi Saurabh,
How soon will i have to leave the country if my L1A visa gets rejected???How long does it take for L1A to get approved in normal scenario???
Thanks!
Pallavi,
See my response to your other post.
Hi Saurabh,
My L1B visa is expiring in April 2012.My company is applying for L1A visa.How long does it take for L1A visa to be approved in normal situation and also if my L1A visa gets rejected how much time will i get to leave the country???
Thankyou!
Pallavi,
It can take 2-6 months not including RFE time. In case of denial, you should leave US ASAP, say within 1-2 weeks max.
Hi,
I have all marksheets and degree for my PG but I have done my graduation through A+ grade university and have not received the final degree certificate. I have all the mark cards and provisional certificate. Will this be a problem for H-1B visa? I have all the documents related to my Engineering.
Thanks for help.
Overall I have 10 years’ experience in IT field, From past 5 years I am working the current concern it’s a BPO one, now my company is going to apply B1/B2 visa for me training purpose to visit US office, but i did not completed my diploma course which i done on 1998, i have few papers in that, I did not cleared after that, it’s a 3 years course, now i have only course completion certificate. I just want to know for those reasons they will get reject me, please clarify me
Mansoor,
I don’t think it will as long as your employer is a reputed one.
hi saurabh,
i am going to attend the work permit (H1B) interview in the next week. I dont have semester wise marks sheet with me. I only have the original degree certificate and the consolidated marks sheet. Is that ok if i attend the interview with these certificates.
Chebrolu,
Yes, it should be fine.
Thank you so much.. u have cleared the air for me.
I have 10+ years of IT experience and currently working with an MNC in India and my company is ready to file H1 visa but I do not have a degree. I have done 2 years certificate diploma from CDAC during job. Please help me to know if 2 year certificate diploma during job be considered in point evaluation coz I have 9 years exp. which can be consider in 3 points.
Jai Singh,
There is no point system when going for US visa. A person is eligible for H-1 if the person has 4 years of college education equivalent to US Bachelors. If not, then the person needs to have at least 3 years of relevant work experience for each missing year of education. Your employer will first have to get your degrees evaluated by an education evaluation agency in US, and then find out how many years of work experience is required for missing years of education. Later, they will have to show your experience such that it makes up for those years.
Hi,
I have done my Post graduation through distance learning and have not received the final degree certificate. I have all the mark cards and provisional certificate. Will this be a problem for H-1B visa? I have all the documents related to my Engineering.
Thanks for help.
Sathwick,
I think they would like to have the final degree certificate, especially when it has been done through distance learning. However, if you have done 4 years college degree, then you may be eligible even w/o needing the final degree certificate for PG course.
Hi Saurabh,
I am currently on my OPT( the initial 12-month period ends on Aug 28th 2012) and I have found an employer who is willing to sponsor my H1-B visa.However, the employer is not e-verified so there is no possibility for STEM extension with them even though I am eligible for STEM. So the employer wants to file for my H1-B as soon as the quota opens in April 2012 so that I can get my H1B soon.
I understand that as long as my h1b is applied, I am eligible to work even beyond 28th August (my OPT end date). But my big concern is, if by chance my H1b gets rejected , I would want to know it before Aug 28 2012 so that I ll have time to apply for STEM extension and try to get a job with some other e-verified employer. However, if i get the h1b reject AFTER Aug 28th 2012, I cannot apply for STEM extension and I will have to leave the country.
I would like to know what you would suggest, in my case.
-Should I just apply in April 2012 under REGULAR processing under the hope that if I do get a H1B reject, it will come before Aug 28th 2012, thereby giving me time for STEM application?
If my H1B is applied in the first week of April, is there a possibility that I might not get a reply from USCIS by August 28th 2012?
OR
-Should I apply in April 2012 under PREMIUM processing , to be on the safer sider, so that if i do get a h1b reject, it ll happen very soon so that I can apply for STEM extension well in advance?
I know this is a worst- case scenario but I would like to be prepared in advance.
I would really appreciate your opinion on what my course of action should be.
Great job with the site!
Thanks
Nithya,
See my response to your similar post here.
Hi,
Organization A sponsored my H1-B visa through normal process. After a month they said they will do premium processing (I didn’t ask them to do premium). The visa got approved. After 3 months I decided to leave Organization A. Now they are asking me to pay the fee they paid for premium process (USD 1225). Can they legally recover this expense? Nothing was mentioned about recovery of any kind of costs in the employment contract
Thanks,
Sandeep
Sidhu,
Legally, either employer or employee can pay for PP fees. So from immigration law perspective, there is no provision that stops them from asking for that fees. However, it is b/w you and employer how to sort that out as you didn’t ask for the upgrade.
My OPT and Driver License in Florida ends next month, my employer is not e-verified so ESAT is not possible. My British Passport has not arrived yet which was sent for renewal in second week of February.
If I convince him to file H1B with express process which exact forms I need to complete with the documented you listed in this article? I do not think he will bare the cost but I do not mind to pay for this.
Your advise will be vital and I would appreciate your response as soon as you can. I think panic is setting in and before all gets messed up I need to find a suitable solution.
Thanks
Raj
Hi Saurabh,
I am holding an F1 visa and doing my OPT right now. My company will sponsor me H1b visa, but the company just applied for bankruptcy protection.
1. Can a bankruptcy protection company sponsor F1 students H1b visa?
2. Every expence of my company need to be approved by the court during bankruptcy protection, so the company doesn’t want to sign a check for my application fee. Could the company wire transfer the application fee to the attorney’s account, then the attorney sign a check for me?
3. Is an employor-employee contract a must to show the hiring relationship? My boss told me an offer letter is enough. He didn’t prepare a employee contract for me.
Thank you very much.
Lily Tong,
1. It might be tough. Bankruptcy protection doesn’t mean that company is going out of business, but they might be undergoing restructuring to shred off debt and reduce operational costs. So depending upon what exactly the company is doing, the petition may or may not get approved.
2. I don’t know about the legality of this
3. EE is required when working for a consulting company and it’s almost a must document in those set-ups.
If I were you, I will look for other employment opportunities than filing through w/ a company whose future is questionable.
Hello Saurabh,
Can an employer file H1B for part time job. In this case it will be transferring from F1 to H1. As per lawyer, we can file. So I just wanted to be sure if I can proceed for filing H1 in April on part time basis.
Bini,
Yes they can. They will have to mention the same in I-129.
Thanks saurabh, really appreciate your help in providing information to all issues
Hi
Its a nice forum.I have certain query.
1)I hv 9 year work exp.I will join a new company by july.as per my cv..i hv worked in 5 company.my 1st company is closed or open i dont know.I can see that its not even registered.. but in my current company i hv provided last 3 employers detail as per their policy for background check…
NOW when I will join new company ..even here also they hv asked last 2 employer details.so in that new company if they process my H1B do i need to reveal other companies details or only those 2 company details which they hv asked.generally how should we go so that there should not be any problem.I am bit worried becoz if i wll provide all epmoyers deatisl in h1b ..will there be any problem..as for my 1st compnay i hv onlt releiving letters,offer leter,and pay slip.no account statement ,no form 16..as i was paid in cash during those period….i can see their website under contruction..pleas suggest
regards
amit
Amit Singh,
It is normal for lot of companies to close down or go out of business during the course of time. IMO, you should mention information about all the past employers, but then also add what all companies have closed down. If you have experience letters from them, you can submit those letters. In addition, you can also submit contact details of ex-managers or ex-colleagues who can be contacted for reference check.
Hi Saurabh,
I am going to apply for H1B visa in April through a desi consultancy. They are asking me to pay $3K from my pocket for the visa processing. One of my friend is already working with them & he had also paid $3K to them for visa processing.
I have been told in case of visa rejection they will not return my money as they will not get any money back from USCIS.
My questions are
1. In case if my H1B Visa is denied/rejected will the employer get full/partial amount of paid fees from USCIS ?
2. I am searching for more consultancies who can sponsor H1B for me. If I get few more options, Can I apply for H1B from more than one companies simultaneously in the latest H1B quota?
Please reply to my queries asap. Thanks for your help.
Mrunal,
1. Nothing is returned
2. Yes, multiple employers can file H-1 for you
Legally, the employer should pay for the H-1 fees. When you pay for the fees, you take all the financial risk and employer may decide not to respond to RFE or 221g questionnaire as they have nothing to lose i.e. financially.
Thank you so much Saurabh for your quick reply. Its always very helpful.
Hi Saurabh,
I am currently on my OPT working as a contractor with a company. My OPT started on 28th August 2011 and I am eligible for the STEM extension. I recently found a job with another company which is willing to sponsor my H1-B visa and they want to apply for it as soon as possible (in April 2012). But the company is NOT e-verified which is why they want to do my H1-B as soon as possible, without me having to go in STEM extension. My questions regarding that are
1. Can an employer who is NOT e-verified, apply for a H1-B? And if they can, would it create any issues in terms of the H1-B visa getting approved because they are not e-verified?
2. If they apply for my H1-B in early April 2012, what are my chances of getting the H1-B before my 12-month OPT period ends( i.e.,by Aug 27th 2012)?
3. What will be my official immigration status during the period when my H1-B is in process and when I am in OPT? In other words, can I work for a non e-verified company when my H1B is in process and when i am in my 12-month OPT?
I really appreciate your help in this regard
Thanks
Nithya,
1. Yes, they can. A petition is not penalized if the employer is not e-verified
2. Usually, regular processing takes 2-6 months, while premium processing is adjudicated within 15 calendar days. If RFE is issued it could take longer. However, you are eligible for cap-gap, which would allow you to stay and work until Oct 1 2012 or H-1 denial date (whichever is earlier).
3. Yes, you can work even though employer is not e-verified.
Thank you for your response, Saurabh. If there is a denial of my H1 before my 12-month OPT end date, can i still apply for STEM extension and shift to an e-verified employer?
And also, is it possible to initiate expedited processing somewhere midway in the process?
Nithya,
Yes you can move to an e-verified employer and file for STEM OPT extension.
The H-1 can be filed w/ premium processing so that it gets adjudicated within 15 calendar days (any RFE issued can delay the process). This would give you enough time to look for e-verified employers in case of denial.
Thank you so much Saurabh
Hi Saurabh,
I have quarry regarding me education qualification record. I am working with very reputed IT company and total experience of 4.5 years. following education qualification which i have:–
1.Completed my 10th in 2004 and 12th 2007 from distance mode.
2.DCA from govt approved institute in 2007
3.Started BSc from IGNOU in 2007 (not completed )
4.BCA enrolled in 2009 completed in 2012 with first division and provision document able get by June 2012.
Now my quarry is from all above records i would be able to apply H1 VISA as company ask me for apply? and if i got my provisional degree document by June or July so is there any chance for approval?
Very confuse can you please help me.
KD,
It would be better to send your information to an education evaluation agency in US which can look at the documents and tell the US education equivalent to your education.
Thanks! Saurabh. Can you please tell me where i can send the documents for evaluation ?
KD,
You can search for such agencies and then talk to them about the evaluation.
Hi Saurabh,
I am applying for H1B in the April 2012 quota. I had travelled to the US in 2006 on L1B only for 8 weeks through a different company. My current employer is asking me for the L1 petition documents to file for the H1B now. I do not have any of those documents now. Apparently, if I don’t provide it, could result in a RFE. Is that true?Is this a mandatory document for H1B filing? Is there any way of getting this now( I do not have much hopes of my previous emplyer providing it).
Thanks.
Sap,
If USCIS decides to confirm whether you maintained status during your previous L-1 visit, they can ask for L-1 documents. If they decide not to go into L-1 stay, then they would not ask for those documents. So the employer is trying to play safe and asking for all the documents upfront. The only place to get those documents is the old employer (if you don’t have them already w/ you).
hi sap,
I applied for the h1 in 2011 quota and moved to US in Oct 2011, Earlier too i was in US on L1. I dont remember my employer asking for the L1 docs.. So those docs may be nice to have but not required for sure..
You would have the L1 stamped and as you will submit your SSN no, passport copy and details of your visit anyways they wont be asking for your L1 filing docs.
Hi Saurabh,
I am currently on my OPT on a contract position. I found a full-time job recently for which the employer is asking me to take up the expenses involved in the H1-B and that they will do the paperwork involved in it. Is it legal and okay for the employee and not the employer, to pay for the costs for the H-1B visa?
Nithya,
Legally the fees need to be paid by the employer and not you. Only the attorney fees and PP fees can be paid by the employee.
Dear Saurabh,
I am currently working on OPT for a temporary position in USA. My VISA was expired last year. Would it be possible to get dependents from India to here with OPT status and expired VISA? Or, would it be helpful if I file for H1B VISA to get my dependents here asap? At what stage of H1B processing could it be possible to get VISA for my dependents (filing/approved/activation of the status)?
I would highly appreciate your guidance. Thank you..
Radhakrishna,
There are 2 options:
1. Send your dependents for F-2 visa stamping and once approved they travel to US. They would have to file F-2 to H-4 COS when your employer applies H-1 for you. For their F-2 stamping they would need your OPT information, proof that you are employed on OPT (paychecks, W2 etc), letter from employer, proof of completion of course etc
2. Ask your employer to file H-1 for you when the next quota opens. Once your H-1 gets approved, your dependents can go for H-4 visa stamping. Once approved they can travel to US. However, in this case they can go for stamping at most 90 days prior to H-1 start date, and cannot enter US until 10 days prior to H-1 start date. Documents required will include your those from (1) and also those related to your H-1 employment.
Hi Saurab,
First time I am going for visa interview for my H1.
I went through the US consulate website and I am confused about the checklist of documents to be submitted. I have work experience of 4 years, 3 years in one company and 1 year in another.
Please provide me the checklist immediately an also let me know whether that should be submitted in original or duplicate.
For suppose
Passport-(copy of passport)
Please send your reply to my email [email suppressed]
Folks who have attended the interview, you can also help me.
Prashanth,
Here is the checklist of documents that Kumar prepared sometime ago.
Hi Sourabh,
I lost my PG semester marksheets somehow. I do have degree certificate and my consolidate final semester marksheet. Can I apply for H1 or L1 Visa without those marksheets?
Appreciate your help dear. Thanks
Rakesh,
It should be fine. To be on a safer side, you can also initiate the process to get the duplicates from your college.
Thanks Sourabh,
So will my company proceed without my all marksheets? will only Degree Certificate & Consolidated Marksheet works?
Regards,
Rakesh
Rakesh,
Yes it should be fine. Your employer can start processing w/o these documents and then wait to see how it goes. You may be asked to submit education evaluation certificate and the agency providing this certificate may or may not ask for detailed marksheets.
Hi Sourabh,
I lost my PG semester marksheets somehow. I do have degree certificate and my consolidate final semester marksheet. Can I apply for H1 or L1 Visa without those marksheets?
Hi Sourabh,
My company is going to file my L1-B VISA for US. I have done MCM (Master of Computer management). I have all the marksheets and degree certificate for PG and Graduation. But I have some carry showed in my PG semester marksheets. So should I give the same marksheets ? will they approve my petition.
Please suggest ASAP.
Thanks a lot.
Vijay
Vijay,
I don’t think it will impact your L-1 visa processing.
So should I give my all marksheets to my company to process that….. But marksheets shows that I have not cleared the subjects.
Vijay,
Did you eventually cleared those courses?
Thanks for a quick reply Sourabh,
No Actualy I did not clear those subjects ….. but I passed all year based on 1&2/3&4/5&6 semesters aggregates. I eventually got the Degree Certificate also.
Vijay,
As long as you have the degree you should be fine. You should also bring this to the notice of your attorney who can then prepare the petition accordingly. Maybe they can file it just w/ the degree certificate and then wait to see how it goes.
Thanks a lot Sourabh for your help…. You Rock !!!!
Saurabh,
Kudos for a great blog like this. I have a question for you, my employer has applied for my H1B visa for the year 2012 and it is currently in RFE status. Can any other employer apply for H1B for me now ?
Abhishek,
Until the previous petition gets approved the new employer cannot file a cap-exempt petition for you. They can still file cap-subject petition in FY-13 quota. Once current petition gets approved, another employer can use it to file cap-exempt petition.
Hi Saurabh,
I am on F1 visa and using my OPT program to work as a full time/permanent employee for one of the reputed IT companies. My employer is planning on applying H1B visa this April, I have all my original masters degree(US) certificates, transcripts and all other required documents on hand except for my original bachelors degree(India) certificate but I have my provisional certificates + marksheets + sealed transcripts for my bachelors degree.
This has become a big concern for me. Is the original bachelors degree certificate important for H1B application? when I have all my Masters degree certificates + all other bachelors certificates.
your help here is much appreciated. Thanks & Regards.
pkay,
It would be up to the USCIS case officer whether to accept provisioned certificates in lieu of Bachelors degree. Can you get the duplicate from your school?
Hi,
Need help: I have 8+ years of IT experience and currently working with an MNC in India. I am holding degree in Mechanical Engineering as well as BSc in Mathematics. I got an employer who is ready to file my H1b.
My query is:
1) Will my degrees (Mechanical & Mathematics) affect the chances for getting H1b approval as none of them is related to computer science?
2) Can multiple employers file H1B for the same employee in the same year?
1. USCIS may question why you qualify for the offered job. You will have to show previous IT experience (including detailed roles, responsibilities, certifications etc) to rationalize it.
2. Yes, they can.
Thanks Saurabh for your very quick response.
Could you tell me the chances to get H1 approved?
I have required certifications.
Chances vary from case to case depending upon how your case is presented and how the officer reviews it. It is not possible to give a number.
Hi,
I am having 3.4 Yrs. of experience in reputed MNC IT company in India.My employed filed H1-B visa.My petition has approved and waiting for Visa interview.I have all support document like client letter,LCA,Employer to Client agreement paper,Educational evaluation doc etc. My query is related to educational gap.I have done my 12th on 2000 and then took admission in B.E on 2004 and completed in 2008.In 2000-2001, I did a certificate diploma for a year from a regional institute(which is not well recognized nor affiliated to gov.) Then I took admission in Bsc.(Chemistry),a Government recognized college, in 2001 and completed till 2nd year(2003). I have marks sheet for 1st and second year and due to some reason could not complete final year and took admission in B.E in 2004 and completed in 2008.
I had submitted my B.E all semester mark-sheet and provisional degree for educational evaluation. While filling DS-160 form, under educational section have to fill up HSC and graduation details. But there is 4 yrs gap between HSC and B.E. (since I did not complete Bsc final year).
So my question is:
1. Will it affect my stamping process?
2. Should I carry my BSc 1st and 2nd Year Marks sheet while visa interview.
3.Is it consider as Year gap.
1. No, it shouldn’t. USCIS would have evaluated your education while approving the petition, and I see no reasons why consulate should not agree to their findings. However, do carry the education evaluation letters as well
2. No harm in carrying those documents
Hi,
I need to apply for a H1B – Visa though my company Accenture Services India.
I currently hold the provisional mark sheet for my 2nd semester engineering, though I have all the original mark sheets for the rest of the semesters. I wished to know will my 2nd semester provisional mark sheet suffice for the H1B visa ? Request you to revert back at the earliest.
It may be accepted.
Hello,
Currently I am on F-1 status maintained, as I have already used up my OPT till June 2011. And have my I-20 valid till July 2012.
So still can I file for H-1 visas in April 2012, and not having any issues regarding my
f-1 visas getting expired by July 2012.
Yes, H-1 can be applied in April 2012 along w/ COS. Cap-gap would allow you to continue to stay in US until Oct 2012 or H-1 denial date (whichever is earlier).
Thanks Saurabh
Is there any way, that can assist in finding the company sponsoring H1 is fake or real, mainly talking about the consultancy companies who sponsors H1.
You can do online research on the company, look at past filings or ask questions that help you determine how serious the company is about your filing and your career. Having a formal interview process, having direct clients, not asking for H-1 filing fees etc are signs of credible companies.
Hi Saurabh,
My question is on this years H1 filing, which will begin in April 2012 and will be able to start work from October 2012.
So if I have employer ready to sponsor me, is it possible to process it under priority processing and request the USCIS for starting the employment before October, if the employer have the job opening and needs employee to start right away.
No, it cannot start prior to Oct 2012 even if it gets approved earlier. Only cap-exempt petitions can start prior to Oct 2012.
I have an H1B approved petition with Employer X valid till july 2013.But I have left the employer X in last november 2011.I only have a copy of I-797 B.Since this H1B is with employer X and I have moved to other organisation is there someway I can transfer the H1B to my name or some other company?Or it will be invalid straigh away.Is it possible to get ownership of this visa?Please guide if possible and let me know the approximate cost for the same.
Employer Y can file for H-1 transfer and once that is approved, you can enter US to work for Y. There is no cost to you, all the cost needs to be bore by the employer. If you want to pay for the fees, then that’s against H-1 laws. For the employer cost is same as new H-1 filing.
If Employer X does not wish to tranfer or Y does not wish to ask for transfer then what can be the possible way to get the visa?Incase of transfer if quota for perticular year has been reached then will it be possible to transfer?how long the entire transfer procedure takes?
When doing the transfer, you don’t need X’s approval. As long as you are able to find employer Y for the transfer, that can be initiated.
Transfers are cap-exempt and can be filed even after the quota has been reached. Under premium processing it would take 15 calendar days, else 2-4 months. If RFE is issued, then it can take longer.
I dont need X’s approval even if the H1b is not stamped or stamping is required for that?
When I say you don’t need X’s approval I meant you don’t need X’s permission for the transfer. You will still need 797 from A for the H-1 transfer. If H-1 is not stamped yet, then you will have to go for H-1 visa stamping by carrying new employer’s 797 approval petition.
I am working in USA for a company A for 1 year and I got job offer from company B, I asked company B to transfer my H1B. I have 15 years education with Bsc degree and having 5 years of IT experience.
I have completed my MBA through distance education and I did not receive my degree certificate from university. However, I have received all my Mark sheets and Provisional certificate of MBA. But I have degree certificate of Bsc.
Please let me know how it(without degree certificate of MBA) will be affect the H1B transfer, .Is there any chance to reject my H1B transfer. Please help me.
Can anyone please answer the above questions please ?
If your 1st H-1 was approved, then I don’t see any reason why they should question your education qualification for the H-1 transfer.
Because in my first H1B , i mentioned my highest degree as Bsc, but now I added MBA as well since completed through distance..but dont have degree certificate…
Could you please through some light on this..because I am so confused…
You have more education now as compared to your initial petition. I don’t see any reason why they should deny it on it’s basis. Submit education evaluation along w/ the petition to be more safe.
Thanks for your answer…
What is Education Evaluation ? How do I get that and how long it will take to revceive ?
is this required for H1B visa transfer ?
Sorry for many questions.
There are agencies that look at your degrees and marksheets and let you know what’s the US equivalent of your education. After evaluation if they say that your education is equivalent to 4 years of US Bachelors then you are all set to go.
Thanks for your answers..I hope my transfer will pass through.
Hi,
The situation is,
1) I am currently employed with company X, which also sponsors my H-1B.
2) I have an offer from company Y and my joining date is June 2012.
3) I am going to India in between, while still employed with company X (so that the H-1B would be of company X when I return back to US).
Is it safe for me to sign and return the offer letter of company Y before going to India?
(The offer letter is of at-will type)
Yes, it would be ok to sign that offer letter.
Hi, I currently working full time in the U.S. with H1B visa. My friend’s company wants to hire me as a part time employee. I’ve talked to immigration lawyers and they told me based on my CV and the brief job description I gave, the case should work (also since I already have H1B visa, I won’t be subject to the cap so I can apply for it anytime I want). Also one of them told me 5 hours a week would be sufficient for working hours.
I have all the paper work that was used for my initial H1B visa (it was done by a university’s international office so by an attorney). Do you think I and my employer would be able to prepare all the paper work to file H1B (part-time) petition based on the paper work that was used for my initial H1B visa or do I definitely need to hire an immigration lawyer to do so? One of the lawyers gave me $2500 for an estimate to do this case. I don’t know if this is a good price either.
Any advices would be strongly appreciate. Thank you very much!
Nancy
$2500 looks on the higher side. I am sure there are other lawyers out there who can do it for lesser amount.
The employer will have to show why they need your services, how you are qualified for the position etc. Also, the LCA needs to be filed w/ the correct salary. If you find a cheaper reliable lawyer, then IMO you should file through them.
Thank you! I got another offer for $2250… It’s all expensive…
I have been offered a job working the US as a service manager of an small electronics company. They missed the H1-B but want me to come over on a B1 then file for the H1-B then green card. I thought a B1 was for consultants? Is there any danager in going over on a B1 and not getting at H1-B?
B-1 is usually for training and attending business meetings etc. Be very cautious if the employer decides to go the route of B-1 > H-1. There has been uptick in rejections and a big firm is facing a huge lawsuit over misuse of B-1 visa. Besides, there is a 30:60:90 guideline that needs to be followed (chances of rejection are highest when H-1 applied 30 days after entering US, and lowest when applied at least 90 days after entering US). Entering B-1 on any purposes other than allowed ones is misuse of that visa.
Ok thanks. I assume they can apply for a h1-b in April then I can start in October. As I have a VWP already I could go over once for 90 days but not get paid?
What’s VWP?
Visa waiver programme
I am not much aware of it. You can check w/ an attorney on how to make it work.
Good luck!
i am request you that please help me to do work on mozilla firefox. when i open internet explore then there come a message that your connection is untrested.
Please advise – I completed my masters in computer applications in ’07 in India and then i worked for 3yrs and then came to US for masters again in sept’10. I’m currently doing my 3rd semester. I have 2 queries, am i eligible to take CPT and work full time for a company? Next, can i apply for h1 visa based on my masters (completed in India) being in US on f1 visa and discontinue my current masters program.
You can’t work full-time on CPT. Check w/ your school on the CPT guidelines. Usually it has to be related to course work.
Yes, H-1 can be applied before completing your Master’s program. It can be filed in next year’s quota (earliest filing date is April 1, 2012 and earliest employment start date is Oct 1, 2012).
I am working in a multinational company with head office in India.The company offered me to sign a bond to work with them for 13 months for H1B visa for USA.I signed about 2 months back.But I am not getting any information from my company whether they have made necessary procedure on my behalf.I also requested to let me know the petition no. if any, for the visa application made on my behalf.I am really anxious about the situation.In the mean time I have received offer from other companies in India.But, since I have signed the bond, my company is showing red eyes ,if I leave the company,they will recover huge amount from me.Please guide, whether
( i )I may seek cancellation of the bond
(ii)Whether I may seek resignation from my existing company
(ii)whether I may join other company
(iii)How I may know whether my company has applied for H1 visa on my behalf as they are not giving any information.
You will have to check w/ an attorney about the bond. They can go through the exact text and tell you about the exit options.
Hi,
If a consultant files for h1-b without all necessary documents to best the fast approaching cap, dont they risk losing the filing fees if they cannot arrange for the required documents and a RFE is issued by USCIS?
If an employer (especially a consulting company) knows that they cannot arrange for client/project/SOW, then they should not file petition at all. If the employer thinks that they can arrange for those documents when USCIS asks for it, they may decide to take the risk and try to make through the quota.
I am starting OPT on january 2012. I am from Mexico and after I graduate this December from San Diego State University. I will be working for a company in San Diego. It is a produce (vegetables) import/export distributor. It is a large company which sells about 100million per year. I have a great job offer and the employer adviced me to start looking for visa options (they are willing to sponsor me). The company has seen great potential in me and needs a Mexican who they can trust to deal with the growers in Mexico and that has skills to manage clients such as Walmart and Costco, I also have experience working in this field in MExico. My question is: With my bachelors in International Business from SDSU am I elegible for the H1B visa? When do I need to file for the H1 considering my OPT end date is 12/31/2012.
You will have to find out if the position requires 4 years of college degree or not. If the job doesn’t require college degree, then one cannot work on H-1 on that job.
If your H-1 is not filed now or your OPT is not extended, then you will have to leave US 60 days after your OPT expires (this is the grace period one gets on F-1). Also, H-1 quota is fast approaching and there will be no H-1s available after probably 1st week of December. Filing date for next year’s quota is April 1, 2012, but that would be too late for you.
I just applied for OPT start date 01/01/12. End date 12/31/2012
Why would april 1st be too late?
Right now I am on CPT and will start OPT in january (after I graduate) and I need to now how and when to apply for H1B… shoudl I apply april 1st 2012? should I pay the premium?
The position requires a bachelors but how do i Prove it?
I am sorry, I misread 2012 for 2011. You still have enough time to apply for H-1. If it is not applied in current fiscal year, then the same can be applied when the new fiscal year filings start in April 2012.
I am not sure how to prove it. Maybe they can show the courses one studies during Bachelors and how they provide the skills required for the job. They can also rely on other job postings for similar jobs and see what the requirements are for them.
My hopefully future employer is going for a h1b for me with their attorney. I don’t have a degree but have a btec hnc in electronics. I have been employed in the same field for 16 years. Tweleve of which is doing a similar job in the UK as I will be doing in the USA. When do I need experience letters?
Employer/attorney may ask for the degree and experience letters at the time of filing. If you don’t have the documents, your employer can still file the petition (to make through the cap which is fast approaching) and later submit them if USCIS issues RFE related to the same.