I got my H1B visa extension approval notice just a day before my first 3 year H1B visa and I94 were expiring. I have experienced some real nervous days in US when I had to wait for my H1B visa extension. I was not sure about my future as some of my friends got H1B extension denied or got RFEs. Anyways, the point is I could have avoided some of those tensions if I had planned well. I will explain few things that might be helpful about extending your visa.
When to file H1B visa extension petition ? What is USCIS Guidance ?
USCIS only allows you to apply for H1B visa extension 6 months before the expiration. USCIS guidance for general form I-129 filing, which is used for H1B petition, is that you cannot file more than 6 months before the start date of the employment. The same applies for H1B extensions that are filed using Form I-129. See below from form I-129 instructions. 
What it means is, let’s say your H1B visa is expiring October 1st, 2019 then you can apply your visa petition anytime after April 1st, 2019. The question arises is, How soon should you start the H1B renewal process ? It depends, the sooner the better. Ideally, USCIS takes anywhere from few weeks to few months months for processing the H1B visa petitions. If you are not applying for premium processing, you should apply at least 3 months before your H1B is expiring. It gives enough time for USCIS to process the application.
There are cases where they take longer, but at least you planned ahead of time. What it means is, you should talk to your employer and attorney at least 4 months before your H1B visa is expiring and get the ball rolling. They may need some documents and you might need some time to gather them. Also, with the New H1B rules after Trump and previous rules for H1B Extensions like Employer -Employee Relationship, you should do it as soon as you can as there may be more paper work from your employer side and USCIS may take longer too.
What if your H1B extension was filed, but USCIS has not processed your application yet and your H1B visa expired ? Can you still work ?
Employees with pending H1B visa extension petitions with USCIS are authorized to work for up to 240 days or until USCIS Denies H1B Extension petitions, whichever comes early. You can read complete details with references at H1B Visa 240 days Rule for Extensions . As long as you have filed the H1B extension before the expiration of your status and I-94, you are good. You can keep working until you get a response from USCIS. You do not have to worry about anything because as per law, you have done your job and you are waiting for USCIS to respond. Always keep checking with your attorney and raise case inquiry, if it is getting delayed.
Is it worth doing Premium for H1B extension ? How long does it take ?
Well, the answer depends on your need. If you switching employers, then it may a good idea to do premium processing. But, if you are applying through the same employer, you may avoid spending extra $1,440 US dollars for premium processing. But, in recent years, since Trump Administration took office, many RFEs are given by USCIS and it can be tricky to keep hanging in there. So, you should consider premium processing, if you can convince your employer. The good part is you can plan your options, if you have a decision before your H1B expiration. Typically, USCIS guarantees the premium processing time for H1B visa is 15 Calendar days.
How much does it cost for H1B visa extension ?
The extension filing fee is same as filing a new H1B visa petition except if you are filing H1B extension through the same company, you do not have to pay the $500 Fraud detection/ prevention fee. Check out H1B Visa Filing Fee Summary to get an idea. You should check USCIS website for correct H1B filing fee, as they revise fee every year or 6 months.
You must also read : documents needed for H1B visa and filing fee for full information on what NOT to give and what to give…
Consequences If no H1B visa extension approval document by the visa expiration date:
- You will have an expired driver’s license, unless you were proactive and contacted the DMV and they agreed to give you an exception. You cannot really drive because your drivers license will be expired and it is illegal to drive with an expired driver’s license. You can read my horrible experience with expired driver’s license and H1b visa expired situation issues
- You do not really have any legal ID given by US government because you may not have driver’s license. You will have to carry your passport all the time for any travel or going to bar. Imagine, you going to bar with a passport and you losing it ? not so good… This is a very critical thing for travel.
What has been your experience with H1B Visa Extension ? Please share your thoughts.
Image Credit : http://www.flickr.com/photos/queenneveen/2792689962/
Hi saurabh,
I had my visa status changed from L1 to H1 and now its valid until 2014 november. Currently i do not have a Visa stamped and i am planning for applying for my GC. Please let me know if that shall be a problem? . Also, please let me know if we need to travel compulsorily at least once during my visa tenure?
Regards,
shekhar
Shekhar,
I assume you are currently in US and the H-1 employer is filing the GC for you. Not having visa stamped in the passport will not effect the GC petition adversely. It is not necessary to travel at least once during the H-1 petition tenure.
Thanks a lot for your response…I am already in US…
Saurabh,
Appreciate all the great work. I am your fan/benificiary from orkut H1B-101 forum. Just a quick question… How is the H1B extensions going on with Chennai consulate? I am planning to visit Chennai and get my extension stamped by next month. Whats your suggestion?
Thanks,
Mani
Mani,
In general people working for consulting companies (EC or EVC model) are getting lot of 221g issued. People working for large employers are faring better, but there is no surety. Always have contingency plans in place.
Saurabh,
I am a teachers in one of the schools here in Louisiana. I have question about the H1B visa cap exempt. I am not familiar about this. I just knew the term cap exempt when our lawyer sent an email to us. I arrived Oct 20, 2008 in USA. My first visa was from October 20, 2008 – July 30, 2009. When we (because we are 15) arrived in the US, our agency assigned to us to another parish, so a change of employer was applied. The second H1B visa was from January 30, 2009 – August 30, 2011. I was advised to go back to our country for another interview in the US embassy. Late January of 2011, we filed our visa extension. My third H1B visa (my current visa) is from August 2, 2011 to August 1, 2014. I went home to my country summer 2011 for a vacation, and was interviewed again in the US embassy. Few days ago, our lawyer emailed us that we have H1B visa cap exempt and that we need to change it to regular H1B visa. He said that if we will not change it to regular H1B visa, we might be in trouble in processing our green card. We are now on the first process of our visa, the Labor Search.
Emerson,
Sorry, but I am not sure what your question is. Cap-exempt petition is filed by a non-profit organization, universities, hospitals etc which have been exempted by USCIS. All other employers need to file cap-subject H-1s. Based on this definition, if your employer is not cap-exempt then they will have to file cap-subject H-1 for you.
Saurabh,
Our employer is under cap-exempt. And I just knew it few days ago that our visa is H1B cap-exempt. And our lawyer wanted us to change it to standard/regular H1B visa for future use. My question are, is it okay that we will just keep our H1B visa cap-exempt? Will it affect our green card application if we have a cap-exempt visa? My current visa will expire on August 2014, it’s my 6th year staying in US on that year. We are now on the Labor Certification for our green card processing. Will the USCIS grant our extension even we have our cap-exempt visa?
Emerson,
I think even cap-exempt H-1 employers can file for GC. In the end irrespective whether you are on cap-exempt H-1 or cap-subject H-1, it is the same employer filing the GC. But if it helps, then you can move to cap-subject H-1 now that the new quota season is about to open.
Saurabh,
What do you mean new quota season is about to open? Do you mean for the Fiscal year 2013, wherein application will start on April 1st? Because if we are applied as cap-exempt while in fact we can apply the cap-subject H-1 before, our lawyer did not bother to advise as to apply our visa as cap-subject. Is it true that only this time the USCIS allowed international teachers to apply the cap-subject H-1? I am just confused why we are not told to do such thing before.
Emerson,
Yes, FY-13 filings which start from April 1. I don’t know why your lawyer filed cap-exempt earlier and cap-subject now. I think that an employer (non-profit or otherwise) can always file cap-subject petitions, but only non-profit organizations can file cap-exempt petition. Your lawyer will know more details.
Saurabh,
Another case. I was married to a Filipina last Dec, 2009 here in Louisiana. Both of us have H-1B visa. As of now, my wife did not change her family name yet. We are expecting our first baby the month of October this year. My question is with regards to filing our income tax return for next year. Does she really need to change her family name? Do we need to go to SS office and report our civil status, eventhough she is not yet changing her name? Can we avail for the tax exemption for our child?
Emerson,
It is not required for the name to be changed in order to file the tax return jointly. You can also check w/ your tax advisor.
Hi Saurabh,
Thank you so much for your unselfish time in answering our questions. I do have something to consult with you my H1B will be expiring this year Sept 2012. Technically this is also the end of my employment contract to whom I refused to have a visa extension. I do plan to resign 2-3 months prior to Sept 2012. So I can start working for a new employer who will be doing a visa transfer of my H1b visa.
My question is…Is my present employer can still charge me for the 2-3 months that I did not finish for lost of potential income and breach of contract?
Is there an Immigration rule that an employee under H1B visa should not be made to pay any amount for non-completion of contract? Anyway I already almost fulfilled my obligation with them. Besides I have to do this to give time to the new employer to file my Visa transfer. Thanks again for you advise.
ECG,
Employment is usually at will in US, and employer cannot bound you to stay w/ them for certain amount of time. However, the employer can still sue for loss of business, but then they will have to show those losses in the court. If you have signed any contract w/ employer, it is better to get it reviewed by a labor attorney.
Hi Saurabh,
Yes there is a stipulation in my contract that I have to pay the remaining months or years that has not been complied with the 3 year contract. But do you think my employer will still run after me for the remaining 2-3 months I have not fulfilled? Is it worth the effort and cost of lawyers fees? Besides they have already made huge profit out of my 2 years and half of working with them. They take 60 to 70% of my income as being subcontracted with another company and I have proof to show this. BTW my employer is a staffing agency.
ECG,
Yes, they can still come after you. They can also go after you just to set an example for other employees. So it is good to get your contract reviewed by a labor attorney to know what they can do.
Hi Saurabh,
My H1B Visa is expiring in May2012 and I have not traveled even once and couldnt see the chances to fly till my visa expiry.
My question is :
1. Can I get my visa renewed/file for extension without travelling once?
2. What are the chances of approval for the same as I heard that one should travel at least once before visa expiry ?
Thanks in advance.
Jasminder,
1. Yes
2. It will depend upon the requirements and information provided in the extension/transfer. When going for extension, USCIS can ask why the employer wants to go for extension when petition wasn’t used during initial term. When going for transfer there is no such question as it will be filed by a different employer.
Thank you so much for your reply.
But if i leave my current organisation, my visa stamp would be cancelled. In this scenario can my new employer file for an extension?
Also, if i change my organisation after my visa expiry, would i still file for an extension through my new employer?
Please advice.
Jasminder,
Your visa stamp is not canceled automatically. Your old employer will have to send the passport to consulate in order to get it canceled. The main point is that you have already made through the quota based on your old approval. Now whether you resign from old employer or that petition expires, it doesn’t put you out of quota.
Any new employer can use the old petition as reference to file cap-exempt petition (aka H-1 transfer) in future. If the visa stamp has canceled/expired then you will have to go for H-1 visa stamping again, else no need.
Nice mail thread.
Can someone tell me if someone can leave US while his H1B Visa Extension is in progress? He may leave US before his I-94 date is expired.
The person may not return US after going to India.
Is that possible?
Kousik,
Once the 797 has expired and the person leaves US, he cannot return until his new 797 has been approved. In case the visa stamp in the passport has expired, then he will have to go for visa stamping, which would require approved 797. While returning to US, you will be issued I-94 based on the 797 shown at the PoE.
Thanks for the reply Saurabh.
But my concern is before issuing of 797 . What if visa extension request has just been submitted to USCIS but no response has come yet. In the meantime can anybody leave US? What I know the processing time may take 90-120 days. So I want to know can the person leave US before issuing of 797?
Kousik,
If you leave US prior to approval (which is what you are referring to 797 issuance), then there are 2 things:
– an unexpired visa stamp is required in the passport to return. If the prior stamp has expired, then you will have to go for stamping, which in turn requires approved 797
– an unexpired 797 is required at PoE to return. So if the prior petition has expired, and new one not approved yet then you will have to wait for it’s approval
That is why one is discouraged to leave US while extension is pending, unless it is filed w/ PP so that it can be processed within 15 calendar days.
Thanks for the reply Saurabh.
What I have understood is that :
1. I can leave US if I am trying to leave before my Visa/I-94 expiry date
though the extension process is still in progress.
2.If my Visa/I-94 has already expired then to leave US I have to wait for
an approved 797.
Correct me if I am wrong. Thanks in advance.
Kousik,
That is correct understanding. However, technically you can leave, the problem is w/ returning back to US.
Hi Saurabh,
Appritiate your help to everyone ny answering their queries patiently.
If i applied H1b regular processing in April then when i will get my visa date.. before october or after october.
Sowjanya,
It would depend upon the processing time at USCIS center. Usually it is around 2-6 months, and so cannot say definitely that it will be done prior to Oct or not.
Hi,
I was trying to apply for a car loan, my credit score is good enough, but it was denied by the banks for the reason my H1b visa will be expiring this Sept 2012.
My employer has not filed yet the extension but will be doing so by May. My question is does financial institutions such as banks legally deny you of your rights to acquire a loan due to your immigration status?
Enrique Galan,
Each financing agency have their own requirements. I know few car financing agencies that do not extend 5 year loan unless you have a visa for those many years, while others who would extend the loan irrespective of when your visa is expiring. I would suggest shop around. You can also contact credit unions. Which car manufacturer have you approached?
Hi,
I am in India and just got my first H1B approval which is valid till April 2013. I shall be coming to US in April this year. Please let me know the process for H1B extension.
Does it depend on the annual cap that is there on H1? What if it gets full?
When and how can I apply for the extension?
Any info that you guys can provide would be great.
Thanks for help.
Vibpar,
Your extension will not be subject to annual cap. Your employer can file it as early as 6 months prior to H-1 expiration date.
Hi There, Thanks for the quality info on your website. Personal experiences do help in others’ planning well.
I have a rather peculiar question. My Employer had filed a H1B petition for me in 2007 and (I believe) the Petition was valid till 2010 (3Years). Using that Petition, I applied for an H1B visa in Aug 2007 and got a Visa till Aug 2010.
However I worked in the US only for 2008 and got back to India. Now my H1B visa has expired. And going by the dates, my petition would have expired as well.
But I have a lingering thought, that my petition granted me 3 years of stay in the US, but since I stayed only for 1 year, is there a possibility I could use the remaining 2 years of my Visa somehow? And avoid falling in the 2013 Cap?
Would this be possible staying in India?
Hi Saurabh, I went ahead and read all your posts on Page 1 from the beginning and I read your reply to one Uma, who has a similar case as mine. She left US 2 years ago and didn’t use all the year’s on her Visa/ Petition.
You’ve replied her, Yes, and that she can use the same old Visa/ petition for remaining years out of 6. She won’t fall in the cap but the H1B clock won’t be reset.
I believe this would apply to me as well. In this case, can you tell me what’s te procedure for getting a new stamp? Common sense tells me, my employer will need to make my file (like he did for previous stamping) with all the company documents and project details etc? And then I will need to take an interview slot at the consulate?
But would there be a step before this, to make the petition active again? I mean as of now its expired. I may not be correct… so please help me with your knowledge here.
Also, I am in India currently.
Vinay,
See my other response to your post. For the new petition, you would need copy of old 797, proof of payslips from your initial H-1 stay along w/ W2. Other usual documents would be required as well.
Thanks Saurabh,
I believe you’re in the US and staying up late to reply to my post 🙂 Much appreciated. I have been refreshing your blog since I made the post 🙂
Thanks for the prompt reply. Thankfully I do have my W2 from 2008 and W2 from (half of)2009. Also have all my payslips and previous client certificates etc.
I am sure you are very certain and sure that what you have mentioned is correct? No offence, but could you point me to some other website etc, where the same thing is mentioned in detail?
I ask so because, sitting in India, my employer may think I am just shooting arrows in the dark.
I will be sending my request for revising the petition to him, supported with your answers. Some more questions please :-
1.) Could you tell me the approx cost involved in filing this new petition? Will it be same as filing a fresh cap-subject petition?
2.) In other words, in my case the only advantage is that I am not subject to any CAP but can file for a petition anytime and then appear for a visa interview? Is that correct?
3.) Will it be mandatory to have a P.O (as most of the Visa Officers are asking for at the time of stamping?) during my Visa stamping ? If yes, then this could be a problem as I can’t attend interviews and get a Purchase Order sitting in India. Your thoughts please?
Vinay,
You can search for cap-exempt H-1 petition, and you should be able to find links on other websites, some of them being lawyer websites.
1. It will be the same cost as old petition
2. Yes, it can be filed anytime and you can appear for interview after the approval. You are not subject to April filing and Oct start date.
3. Necessity of PO will vary from company to company. It is necessary for small to medium consulting companies, but not necessary for large employers. Your employer would know from the other H-1s they may have filed recently.
Thanks for your valuable inputs Saurabh.
Vinay,
The same employer or a different one can file cap-exempt H-1 petition for you on the basis of the previous approved petition. The term of the petition will depend upon what your employer requests and what USCIS seems appropriate. Also, you don’t need to wait for Oct to start working on H-1. You will not be using those 2 years from early petition, but will be using the years from the newly approved petitions. A person can stay for maximum 6 years in US on H-1 and one can continue to file new petitions/extensions until that term is reached.
Hi there! I just want to ask a question because my sister filed a petition since oct. 1999 and then she just found out now that my petition was approve last 2005, but I didn’t get any notice from the embassy, so how is that?! I can still continue that petition or my sister need to file again another petition for me?
Hi Saurabh,
My H1B visa stamp validity is over on 15th Sep 2011. I have got extension for 3 years till Sep 2014. If I travel to Canada by road (MegaBus etc) for appearing visa interview, does the authority at border crossing take out the previous I94 card, and the new I94 card that came with Visa approval notice (I797)? If they don’t take at border crossing, is it legal to carry the I94 card, even after leaving US? In case, if visa is approved and on the return to US by road, is new I94 issued on border crossing? What if visa approval takes time and need to go home country, if they don’t take I94, will there be any legal problems on re-entering into US at port of entry? (or) is it safe to travel by air to Canada? Please let me know if there are any web links having the information about this. Thanks in advance.
Thanks,
DK
DK,
I know you can submit the I-94 when leaving through the airport, but I don’t know the details when leaving by road. Maybe others have experience w/ this.
You can submit your I94 card by post/mail if it is not taken at border crossing. It is always better to surrender your old I94 when you leave US, otherwise you may become as overstay though you have left the country.
Hi Saurabh,
My H1B petition expires on Aug 31-2012 and I am planning to apply for an extension in March. The question I have is that can I travel out of US in the month of May. Basically I would be coming back in June (3 months before the Visa expiry).
Shrayesh,
In that case I would suggest filing for extension after you return to US, so that you can get extension of status as well. If you leave US while H-1 extension is pending, then your extension of status will be abandoned. If you want to apply for it before leaving US, then try to file it w/ PP so that it can get approved before leaving US.
Hi Saurabh,
I m going for H1B premium process for April Slot. Can you please tell me how many does it take to petition approved , considering petition will be filed on 1st week of April 2012 ?
Pramod,
USCIS will adjudicate it within 15 calendar days. However, if RFE is issued, it can take longer. In either case, it will not become active until Oct 1, 2012.
So does it mean that I cannot get visa before Oct 1st? My project requirement was during the month of May…is it possible to travel by then?
Pramod,
A new cap-subject H-1 cannot start before Oct 1 – that’s the rule.
Please help!!!!
I have 6 months left on my original H1B from a cap exempt organization and I am trying to apply for a job that would be fall under the cap status if I was applying as a new candidate. I have had many conversations with the head of the new companies HR person and she says she got the following advice from their immigration expert about the process of transfer from a similar case back in 2007.
First, the pertinent H1B provision states as follows:
“Any alien who ceases to be employed by [a cap exempt employer] shall, if employed as a [H1B], who has not previously been counted toward [the cap], be counted toward those limitations the first time the alien is employed by [cap subject] employer…”
Second, I have attached correspondence from USCIS which is precisely on point. I refer you to. He could begin working for you upon the filing of the your cap subject petition because the statute permits interim work authorization pending adjudication of the petition, he (and you) risk a denial of the petition filed by you and loss of employment authorization by him it is cap subject.
USCIS guidance states that a cap-subject petition will be denied if “USCIS determines that an H-1B alien beneficiary has ceased to be employed in a cap exempt position after a new cap-subject H-1B petition has been approved on his or her behalf,” unless an H-1B visa number is available
The document that was attached had exerts from the ‘Memorandum from William R. Yates, Associate Director for Operations, USCIS, Interim Guidance for Processing Form I-140 Employment-Based Petitions and Form 1-485 and H-1B Petitions Affected by the American Competitiveness in the Twenty-First Centwy Act of 2000 (AC21)’
So can I move from a non capped organization to a capped organization without having to wait until October 1st (Filing April 1st)?
Thanks so much
Joel Marcovitch,
This is a similar post. Based on the information submitted in that post, it seems one is allowed to work on H-1 based on H-1 portability even though cap-subject H-1 wouldn’t kick in from Oct 1. You can check w/ an attorney as well.
Joel,
Thats right, you can start to work with the new cap organisation provided you move with valid H1 from non profit, but make sure that your new H1B petition is applied on 1st April and your petition should be approved, incase your petition gets denied then you have stop working for the new cap organisation.
Hope that helps.
Hey Saurabh and Ravi,
Thanks so much for your reply. Just a couple of follow up questions.
1. If I apply April on and do premium processing (Answer in 15 days) If I am approved, I can start working for the new place on April 15th or whenever the approval is given?
2. If the transfer is refused, can I continue working for my old company?
Thanks
Joel Marcovitch,
1. Yes
2. Yes
Hi Saurabh,
My H1B visa expires on June, 2012. I am yet to travel to US as I am currently in UK basically from India. Now my work is getting over in UK and I am planning to move to US. Is it possible to go to US (in March end or in April) since only very less time available before its expiry? And can I apply for extension (my employer certainly will do)?
Thanks,
Senthil
Senthil,
You can travel to US in April/May and then the employer can file for extension. If asked at PoE, you can tell the officer that the employer plans to file extension soon after you enter US.
I came to US in Jan 2007, based on 6 year period my stay should be till Jan 2013. My first H1 expired on Oct 2009 and my second H1 will expire this may. My employer is filing for an extension from may to jan. Is this possible to file for second extension when green card has not been filed.
Shailesh,
GC requirement comes into picture only when the 7th year extension needs to be filed. Until then, your employer can continue to file for extensions until you have spent 6 years in US on H-1.
Hi Saurabh,
I’m on H4 currently and i have got an employer who would be filing my H1b in this april. Could you please advise on below points ?
1) Can i file in premium mode even in april itself ?
2) If i get my petetion approved with in 15 calender days, when can i start working ? Can i start working by end of April ?
3) I’m planning to visit my parents in June and come back here by July. Do i need to get my Visa stamped to start working in Oct ? Or can i work with petetion ?
Sanju,
1. That is an option available to you.
2. Filing PP only expedites the processing. You would still not be able to enter US and work until Oct 1. Lot of people do not file PP in April, wait until Aug-Sep and then upgrade to PP if it doesn’t get processed by that time
3. If you leave US then your COS would be abandoned. This means you will either have to get H-1 visa stamped in your home country and enter US on stamped H-1 visa around Oct 2012. The other option is to enter US on H-4 visa and then file COS to H-1, and start working on H-1 from its approval date.
Hi Saurabh,
Thanks a lot for your prompt and quick response. It really helps. Could you please advise on below points as well. Many thanks in advance!
1) My Employer is ready to do PP in April itself. Can i go to india in June with approved petetion and come back here in US and then file COS before Oct?
2) If i get my Visa stamped in June when i go to india, how soon i can enter US with my new H1b?
2) What is the minimum duration of H1 petetion ? Is this 1 year ?
1. Yes, that can be done.
2. You can enter at most on 20th Sep (10 days prior to H-1 start date)
3. Yes, it’s one year
Thanks a lot Saurabh for your comments.
My visa also going to expire 2/19/2012 but my employer did not renew my visa that why i change employer but we got the LCA approves in /2/16/2012 11pm i am going to send my application (2/17/2012) but next two days are (18,19) weekend and Monday also govt holiday that why i am confused i am legal or they will consider my application are not please give me some advise i want stay this country or leave the country before (2/19/2012)
Gerald,
AFAIK it is driven off the date you send the petition (postmark date) and not the date it is received and acknowledged by USCIS. So if your petition is sent prior to I-94 expiration date, you should be fine. You can check this w/ your attorney as well.
Hi Saurabh,
I have a valid H1B approved petition notice (I-797B) which will expire on 2nd Apr 2012, as of today I have not got visa stamped in my passport due to some personal reasons. So in this case.
1) Do I need to be in US. to file for the extension of my I-797, or can my employer can file for extension while I am in India.
2) Do I exempt from CAP for extenion of I-797. or I have to go through CAP now again.
3) Do I need to file for extention of I-797 before it gets expired.
Murthy,
1. They can do it from India as long as they have valid job requirement in US
2. Cap-exempt based on your previous approval
3. As you are currently outside of US, it can be done even after the petition has expired
Thanks Saurabh,
some more queries,
1) What will be the fees for extension
2) Can I transfer H1B approval to the new employer. I have the copy of approval notice
3) how to check the status of my H1B petition,
Thanks a lot in advanace.
Murthy,
1. It’s around 1-2K (don’t remember exact fees). Attorney fees is separate
2. Yes
3. What do you mean by status? You can see the status online by entering the receipt number on USCIS website, if that’s what you mean.
Hi, i have H1B with employer A. Now my H1B expired and employer A has filed for extension.i have got the receipt number. Now i want to change job. Can i join employer B? Can employer B will be able to transfer my Visa by just using the receipt number? if not what i need to do to join employer B. Thank you!
Mayana,
Has your I-94 expired? If yes, then you can file for H-1 transfer to B but it will not be approved w/ extension of status and will be approved w/ consular processing. If the I-94 is still valid, then the transfer will get approved w/ I-94. To file for transfer you would need copy of A’s approved petition, proof of maintaining status (i.e. W2, recent payslips and copy of extension filing). In addition, you will need all the other documents required for any H-1 filing.
Thanks Saurab, i know i will get the answer in this website. thanks a ton for your patience in answering.
Yes i94 is expired. So transfer needs to be approved with consular processing.
1.If employer B is ready to file for transfer how much time it will take to get transfer done?
2.Do I need to travel to India and get the visa stamped before I can work for employer B?
3. Consider in worst case employer A found that iam transferring visa to employer B , can employer A will be able to stop the process and revoke visa?
Mayana,
1. Regular processing can take 2-6 months, while premium processing will take 15 calendar days. If RFE is issued, then it can take longer.
2. I am not 100% sure about the answer to this. I think if the extension gets approved and then the transfer to B, then you can work for B. However, if transfer gets approved prior to extension, then you cannot. Check w/ a lawyer.
3. Yes, they can withdraw the petition.
Hi Saurabh,
My current H1-B visa and I-94 gets expired on 7th of March’2012.
Can another Company B, applied for my transfer after 7th of March’2012? If yes, what documents Company B will use to apply for transfer new H1-B extension reeipt from my current company?
Once they do the transfer in above mention way and get the new receipt with Company B, can I work for them immediately?
Thanks
Bhavin,
H-1 transfer needs to be applied while the I-94 is still valid. If they file for transfer after I-94 has expired, then it will be approved w/ consular processing i.e. you will have to go out of country to get H-1 visa stamped and then enter US. In addition, you should leave US once your I-94 expires and no extension/transfer is applied by that time.
Thanks Saurabh.
I read somewhere, if your company has applied for extension and you are still on their payroll, then Company B can use the H1-B extension receipt, along with their paystubs to apply for valid transfer (even after I797/I94 expired). In this case, you would not have to go out of US to stamp the visa and start working for Company B.
Is my understanding correct?
Bhavin,
This works as long as your I-94 is valid. In case I-94 has expired, and you submit transfer on basis of extension notice, then it may be put on hold until extension gets approved.
This is called bridging. USCIS needs a bridge of I-94 continuity to approve your transfer, which will be possible only if extension gets approved, which in effect would have provided you an I-94 validity for a period including the date on old I-94 expiration date and H-1 transfer filing date. Does that clarify?
Thanks Saurabh,
Does that mean I cannot change company while I am extension? Even in this case if the current company does do normal processing then I cannot change to company B for 3-4 months may be? There will be some way so that I can work for Company B right. BTW, my current visa expires on 7th March 2012.
Bhavin,
You can do it as long as transfer is filed before I-94 expiration date. Once I-94 expiration date passes, success of transfer will depend upon the extension.
Thanks Saurabh.
But, what if after 7th of March, my future company does premium processing, but my current company does normal processing? If I join company B, then Company A can cancel my extension then what would happen to the transfer? Also, Company A gets an RFE for my record, but since I have left the company (assume), then they may not respond to USCIS query on this, then what would happen to transfer with Company B?
Sorry too many questions.
Bhavin,
You can try that. But like I said if the transfer is applied after I-94 has expired, they may not approve it until the extension gets approved. They may issue RFE asking for the confirmation of extension approval before approving the transfer.
in case employer B is ready to do consolor processing (before the current extension from the employer A is decissioned) ,do i need to go to india for getting stamped or i can goto canada or any near by country to get the stamping.
Mayana,
You can go to CA as well, as this is not your 1st H-1 stamping. However, always have contingency plans in case you are issued 221g or your visa is refused.
Thanks ton saurabh,
CA is Canada? Or California(silly question but iam kinda confused)
.As My i94 is also expired 1 month ago and extension is in process with UsCiS, so there is no need to goto India. If going to India is not needed can I think the option of going to Bahmas or cost rica(read in forums here also we can go for stamping)as it might be easy to get the interview slot soon.
Also as u mentioned above transfer depends on the extension approval, iam expecting to get approval by last week of march but I want to file for transfer in premium processing in this week. As transfer is filed in premium processing , transfer status I should receive by march 1st week end. So in this case still the extension request has to be approved ?
Is that dependency of extension approval and transfer approval ( with both visa and i94 expired) both needs to be approved?
Mayana,
CA is Canada. You can go to Bahamas as well.
In case of H-1 transfer, your current I-94 needs to be valid. As your I-94 has expired, your transfer may be put on hold until your extension gets approved (which would give you another I-94). So what you can do is upgrade your extension to PP, and once approved apply for H-1 transfer.
Mayana,
CA is Canada. You can go to Bahamas as well.
In case of H-1 transfer, your current I-94 needs to be valid. As your I-94 has expired, your transfer may be put on hold until your extension gets approved (which would give you another I-94). So what you can do is upgrade your extension to PP, and once approved apply for H-1 transfer.
So saurabh,
Then iam in a problem , as my current employer will not do PP for extension process..current employer might pull of the extension request as soon as they come to know that iam planning to join company B is there any way around to get the transfer done without the extension gets approved?
Mayana,
CA is Canada. You can go to Bahamas as well.
In case of H-1 transfer, your current I-94 needs to be valid. As your I-94 has expired, your transfer may be put on hold until your extension gets approved (which would give you another I-94). So what you can do is upgrade your extension to PP, and once approved apply for H-1 transfer.
So saurabh,
Then iam in a problem , as my current employer will not do PP for extension process..current employer might pull of the extension request as soon as they come to know that iam planning to join company B is there any way around to get the transfer done without the extension gets approved?
Can employer B can upgrade to PP for the extension which is submitted by employer A?
Mayana,
If you want, you can pay for the PP fees for current extension and then apply for transfer. If the new employer wants, they can pay you this PP fees as part of joining bonus etc.
Thanks Saurabh..do i need to goto india for stamping in case of consolar processing or i can goto any near by country(Canada) to get the stamping done?
What are the options?
Can we get VISA Stamping done in a foreign country instead of your home country
Sowjanya Ravela,
If one hasn’t done Masters in US and doesn’t have H-1 visa already stamped in the passport, then it’s recommended to go to the home country. However, CA/MX is still an available option when one has done Masters in US or already has H-1 visa stamped in the passport. In either case, one should always have contingency plans.
Hi Saurabh,
I have filled my petition on Oct 11, 2011 and it is yet to be approved. Not sure about the delay.
Generally How many days will it take for it to get appoved?
Since the H1 Cap 2013 will be started soon on april .Shouldn’t they complete the H1 Cap 2012 quota before that
Arjun,
If it’s VSC then it might take another month or so, and if it’s CSC then it might take few more weeks to process.
They are not required to complete the processing by March, as the quota starts in Oct and not April (it’s just that earliest filing date is 6 months in advance to Oct). However, they would like to process as many as possible by April so that they can better tackle the huge influx of petitions that will come in when FY-13 starts.
Thanks saurabh
Yes it is VSC…
if they approve it in a month will the interview be now or it will moved to Oct 2012. since the H1 stamping visa Starts on Oct.
Also can you tell me when will they stop their H1 Stamping .
Arjun,
It can happen now. The Oct date is for people who will be filing after April 2012 (FY-13 quota). Your petition has been filed in FY-12 (after April 2012) and so you are bound by Oct 2011 date and not Oct 2012 date.
Hi,
My initial H1B petition will expire in Jan 2012.
I can file the extension by Aug-Sept 2011. I am planning to travel India for 6-7 months in October. My extension will be filed by then.
If by any chance in the meanwhile the extension gets rejected, can i resubmit it from India?
Thanks!
Thanks,
Saurabh
Saurabh,
Yes, if your extension gets denied while you are in India, employer can appeal/re-file while you are still in India.
My initial h1b petition has been approved til Dec 21 , 2012(ie 1 yr) and i may not able to travel before Dec 21 , 2012 for variuos reasons .Let me know if i can travel after that . If yes , What am i suppose to do ?
khan,
If your petition gets expired, then the employer can file for extension at a later stage. You don’t need to go through the quota again. Also, it can be done either by the same employer or a different one.
Thanks Saurabh .You mean , can i file for extension after my expiry date without travelling once ? Is yes , do i know to pay H1b Fees again ?
Khan,
Yes, that can be done. Your employer will have to file the petition, and will have to pay the fees (legally, the fees need to be paid by the employer and not you).
Thanks . So , if i extend the visa 3-4 months before my expiry @ india , wil it help me to get processed before march .
Khan,
Yes it can be processed before March, but the processing time will also depend upon the center and the work load at that center. As always, premium processing option is available where USCIS will adjudicate the petition within 15 calendar days. Also, chances of approval will depend upon the documents submitted during extension.
Hi Saurabh,
The info you have provided has clarified many of my doubts.I am not sure if my doubt has already been asked but still want to check with you one thing :
My I-94 got extended to Aug 2012 the last year via premium processing.My Visa has already expired last year.
I am planning to travel to India this march for an occassion.Is it safe to travel at that time coz i ll be having 5 or less months before my I-94 expires.I ll anyways get my Visa stamped once i step in there.My employers Immigration dept has already told i can travel until unless i have filed for my petition.
Any suggestions are highly appreciated.
Regards,
Jaya
Jaya tummala,
Your I-94 expiration doesn’t impact your H-1 stamping. Your visa stamp will still be processed based on submitted documents. I think your 797 is expiring along w/ I-94 and so if approved you will be issued visa stamp until the petition expiration date.
What is ECNR or ECR STATUS, what proof documents do you require for it
It should be there on your passport – Emigration Check Required or Not Required. It is really not important when traveling to US, and is more applicable when traveling to Gulf countries. The passport page has exact information as to which countries it applies to.
what is the grace period between changing of jobs if you become out of status on H1 ( say you lose your job)
There is no grace period. If you lose job, then
– another employer needs to file cap-exempt petition immediately
– or leave US
– or file COS to another applicable visa status
If you stay in US w/o pay and then apply for H-1 transfer, USCIS will ask for recent paystubs which you will not have, and would eventually cause the transfer to fail.
Hi Saurabh,
My employer is filing for premium H1B renewal , my Current Visa expire on March end. But my passport is valid only till june 2012. Today is Jan end. I am going to file for passport renewal ASAP. If I am right by when they need to file for renewal of my VISA
I assume you are referring to petition filing and not visa stamping.
Are you currently in US? If yes, then H-1 renewal (aka extension) needs to be filed before the expiration of your current I-94. If no, then it can be filed even after the current petition has expired.
But my passport shows expiration of passport in june this year , would that be a problem. ? although i just filed for renewal of passport, i should recieve in 2-3 weeks.
They might issue I-94 attached to 797 valid only until passport expiration date. In this case, you will have to apply for I-94 extension once your new passport arrives. That’s the only concern I can think of.
i am trying to renew my passport in US, Indian consulate require photos of size 3.5 cm * 3.5 cm. But most of passport photos over here are of size 2 inch* 2inch.
what do i do
never mind , the consulate office cleary says they accept 2* 2 photo
Thank you so much for your efforts, very useful comments.
My question is, while waiting for H1b extension, can I travel to Canada and come back in before the expiration date on my original H1b visa?
Thank you in advanced!
If you don’t have to drop your I-94 at the airport, then you can. If you drop your I-94, then your extension of stay will be abandoned (797 would still be extended).
Hi,
My visa expires in Aug 2013 and my passport expires on Aug 2014. If I apply for H1B extension, how long will I get visa (is it till passport expiry date i.e almost 1 year or as usual 3 years extension assuming that I apply for new passport)?. Could you please help me to understand. If I need to apply for new passport while staying in USA how do I do that?
Please advice me.. thanks
I don’t know the answer, but I think they would give it for 3 years and not limit it to passport expiration date. Reason being I have seen people having 10 years B-1/2 visa stamped in passport that is expiring in next 4-5 years. So same analogy should apply to H-1 visa as well.
Usually they give out visa stamp for duration same as petition validity.
HI Saurabh,
Is CAP count specific to Indian citizens per year or it is including all country citizens?
Thanks,
Satish
It’s global count and there are no per country limits.
Hi Saurabh,
I have a question. My girlfriend and I are planning to get married later this year. She holds a H1b visa, and she filed an extension last year, as it was expiring. The USCIS took a while to process it, now it seems like her extension would be denied. We are thinking about moving our marriage date up and file for AOS. Is that possible and what are the steps to do so?
Thanks,
AOS? Is your I-485 about to be filed?
Is that what I need to file when we get married to get A change of Status? I am not sure what forms and the steps we need to go through, so that she can stay here if once they reject her H1b extension.
So you want change of status. You mentioned Adjustment of Status in your previous post, and that confused me as it is filed during GC process.
You are referring to COS. Once you are married and have the marriage certificate, she can file for COS from H-1 to H-4 and be on H-4 from the approval date. I-539 needs to be filled. For COS to be approved, her current I-94 needs to be valid, and she needs to have recent payslips on H-1. If her I-94 is not valid, then the better option is to go out of US, get H-4 visa stamped and then enter on that visa to be on H-4.
Hi Saurabh,
Appreciate your help to everyone.
I have a question,..
I got 1 year H1 petition approved by USCIS and my petition will be expired on april 27 2012. But i did not get a chance to travel US. Hypothetically if i am unable to travel before April 27 and after that if i want to renew my petition will it undergo the “quota process” or is there any other way for renewal?
Thanks
It will not undergo quota, and will be cap-exempt.
Thanks Saurabh.
Hi Saurabh,
Thanks for helping the folks using this forum!!
I have a question on my H1-B extension and Sponcering B2 Visa for my Parents.
My H1b got expired on Nov 19 2011 and extension was filed on Nov 15 2011 thru Normal processing with USCIS. The expectation is to get Approval/Rejection/RFE by sometime March 2012.
I would like to call and Sponcer my Parents on B2 visitor visa (Around Mid of Feb). The list of documents required for B2 Processing/Stamping needs approved I-797 form. Currently, I dont have the same as h1b extension is still with USCIS.
– At this Stage, Can I sponcer B2 for my Parents so that they can travel by mid feb?
– As I dont have approved I-797 from USCIS. Can I sponcer?
– Do I need to wait to sponcer them untill h1b extension is approved?
– I have got File Number (EAC*) in reciept aknowledgemt from USCIS. Could my Parents use it as replacement for I-797?
– What is other solution apart from re-apply my h1b extension under Premium processing?
– If I can not sponcer B2 visa for them. What is alternate solution?
– If my parents self sponcer their B2 Visa. would it make a strong case to USCIS?
– If they self Sponcer. Do they need mention about myself in Visa form application?
– If they dont mention …would it be a problem to get the Visa.
At this point in time, I would like to know my alternate options.
Thanks
Gaurav
1, 2, 4. You can try to sponsor them by submitting the old approved petition and transfer receipt
3. If you want to play safe, then apply for B-1/2 after H-1 has been extended
5. Only alternate is to speed up the process i.e. PP
6. No alternates to B-1/2
7. You sponsoring them is much safer and stronger case
8. Yes, that needs to be mentioned in the DS form
9. That would be falsifying the information, which is not a good idea
Hi Saurabh!
I just got my H1B extension approval and I am planning to go to the Philippines for a vacation. That means that I have to get my visa stamped first to the US embassy in Manila but my question here is would it be alright if my passport is only valid in less than 2 years ( It will expire on October 2013)? Should I renew my passport prior to getting my visa stamped to the US embassy in Manila? I’ve heard some stories that regardless of the 3-yr H1B extention and I-94 you have , if your passport expires in a year or two, the consul will stamp your visa according to your passport expiration. Hope you could shed some light here. Thank you.
As long as the passport is valid for more than 6 months, you are fine. On your return to US, you will be issued I-94 until passport expiration date if it’s less than 797 expiration date.
I have H1b petition that is valid for 3 years, and My I-94 is also valid for 3 years but my visa stamp is valid for 1 year. I understand that Visa stamp is to allow me to pass through the port of entry so if I am to stay in US my status is legal because my I-94 is valid, however if I want to travel Outside the US after 1 year then I need to renew my visa. Is this correct? if yes, When and How can I renew my visa stamp, is there a time limit after the visa has expired.
Yes, if you travel outside of US once your stamp has expired, then you need to go for stamping again. You will have to schedule an intervier at the consulate, just like you did for your 1st stamping. There is no time limit when to go after visa has expired. Just ensure you have an unexpired 797 when going for the interview.
Thank you V. much
What could be the reason why the visa stamp is only valid for a year given she has an H1B visa and I-94 valid for 3 years?
Hi Saurabh,
I had one question on H1b extension. Is it possible to extend a H1b visa which expired more than 2 years. I left the country after that and now if it is possible would like to extend it.
Please let me know.Thanks.
Yes, that can be done. However, in this case your H-1 clock will not be reset and you will get 6 years minus time already spent in US on H-1. However, if the employer files a cap-subject petition for you, then you will get new 6 year term on H-1. However, in this case (cap-subject) the petition cannot be filed until April 2012, and you cannot start to work until Oct 2012.
Hi Saurabh
Reading your post. Valuable answers.
I have few questions.
I have my H1b extended till Dec2012.Through same company I applied For GC and submitted I485 but didn’t apply for my spouse( was on H1 but didn’t work but re- entered US on H4 in 2010). After my I485 is approved:
1. Whats my spouse status ?
2. Can I still be on H1 so that she can be on H4?
3. She is pregnant and wants to deliver The baby here. How can she be here legally?
Thank you for your help.
1. Once you move out of H-1 by getting AOS approved, your wife can no longer use H-4. Please consult an immigration lawyer to see what visas she can use to enter and be in US
2. Once AOS is approved, you can no longer be on H-1
3. Please consult an immigration lawyer about this.
Thank you
Yes will consult a lawyer
Dear All,
Is it possible to change H1B regular petition to premium now in Jan 2012? (quota limit is over for current year)
Yes it can be even after the quota has been reached.
Please help,
Have I overstayed the time period authorized on my I-94 form???
Would I be considered as overstayed (*after I-94) or illegal status?
I got my visa stamped thru COMPANY A in 2008, and my Visa & I-94 was to expire on Sep 2010.
Before my visa expired (on Sep 2010) , I changed my employer to COMPANY B.
Company B, applied my visa as an Extension & Transfer on Aug 2010 (one month before my first visa was to expire)
I got my visa approved (applied from COMPANY B.), In January 2011.
Approval says: ” The visa & I-94 valid from Dec – 01-2011 TO 2013″
Again, I change to Employer (COMPANY C). this time(current) I got the visa to and from the date , which COMPANY C applied.
But I’m worried about the COMPANY B’s visa. How come my Visa & I-94 Valid from Dec – 01-2011 TO 2013. Even though it was applied on Aug 2010?
My question is:
My first I-94 ( valid till 20-Sep 2010 )
And, second Visa & I-94 valid from Dec – 01-2011 TO 2013.
In this time, I was never being out of US.
But there’s 2 months gap between First Visa Expiration Date and Second VISA & i-94 Validity Date.
But I joined and start working with the company B from SEP 22, 2010, I’m having proper salary stubs for these time period.
Was I, out of status for about 2 months ?
Would my case be consider as ” overstayed the time period authorized on my I-94 form.”
In this situation is it safe to go for visa renewal stamping?
I’m little bit scared now?
I’m thinking to apply for visa renewal as Third Country national .
But the consulte website say “Applicants who have not fulfilled the requirements of their non-immigrant status in the United States, having violated the terms of their visas or who have overstayed the time period authorized on their I-94 form; ”
CAN NOT APPLY VISA as Third Country Nationals (TCNs) .
Questions:
1. Can I apply my visa renewal as TCN( canada or mexico )
2. Would I be considered as overstayed (*stay after I-94 expired ) or illegal status?
Considering in mind, visa has been apply before Vsa Expired, and I didnt have any intension to break I-94 rules and I do have all the salary stubs and W2 for all the period.
My main qusetion is :
Can I apply my visa renewal as TCN( canada or mexico ).
Please help.
USCIS doesn’t approve H-1 for more than 6 months in future. In your question, you mentioned that B’s H-1 was approved in Jan 2011, w/ I-94 date as Dec 2011, which is around 12 months in future. This should not have been the case. Are you sure these dates are correct?
Hi Saurabh..
My H1 approved and now have to go for stamping so please suggest me one thing..
I will be direct employee for my employer and working for full time so if Visa Officer ask me do you want to stay there for life time or something to check for my intension then what should i say?
People suggest that since H1B is a temporarely work Visa so we should not show them that we will be staying there for a long time or something like that..
But in my case ..this is not EVC or EVVC model instead this is direct employee case so what should be my perfect answer because i may have to work there for full time because the project is dependent on me..
My Visa is valid from Oct 2011 to Sep 2014..
Please suggest..
H-1 is a dual intent visa and one can file for GC while on H-1. So the VOs typically don’t quiz w/ such questions which are more relevant to B-1 and F-1, which are purely non-immigrant visas.
In case the VO asks about your stay, you can say that you want to stay until 2014 at the moment.
hi Saurabh,
Really ur doing a Great job..!!!!!
Could you please answer for my quarries.
My H1B petition got approved on 21 -dec- 2011.
validity is from 21/12/2011 to 20/12/2012(1 year).but my teammate petition also filed in same day,same client,same project,same module(same SOW),but he got 3 years validity.
1.My doubt is on what basis they will decide the validity period.is there any problem from my side.
2.Is only 1 year validity will impact on visa stamping??
3.What will be the extension chances??
Thanks in advance.
venkat
1. A lot of USCIS policies are guidelines and not rules. So different officers can end up at different conclusions even when reviewing similar cases. What was the duration of the project submitted? Was it less than 2 years?
2. No. They would issue visa of only 1 year, which means you will have to go for another round of visa stamping (and have to spend money again) if you leave US after Dec 2012.
3. USCIS will review the documents that the employer will submit at the time of extension and adjudicate the petition on its basis. Your current approval of 1 year will not adversely impact your chances of successful extension.
hi Saurabh,
Thanks!!! a lot for ur quick response.
I am in confusion,could U please advise me for below queries also.
I am not sure about the project duration.
1.Can my employer do any thing to get 3 years validity now it self.
2.Can i apply extension petition from US.if YES…what about stamping.
2.if i applied extension before completion of my 1 year validity,whether i need to pay again full amount like new petition?and again needs to go for stamping.if YES…. can u tell me any other best options.
Thanks.
1. No. USCIS made their decision on the validity and will probably not change it
2. You can file for extension while you are in US. Stamping is not required as long as you continue to stay in US. Next time you leave US and your visa stamp has expired, you will then have to go for H-1 visa stamping.
3. Employer needs to pay the fees when filing for extension. It is usually same as 1st time filing except the employer doesn’t have to pay for $500 fraud prevention fees and $2000 fees applicable to certain employers. One would have to pay for stamping fees when one goes for H-1 visa stamping.
Hi Saurabh,
I got approval notice on 21st Dec 2011. My H1-B is valid till 21 Dec -2012.(I had earlier got RFE).
Can you please help me understand following questions ?
a. If I delay my stamping till March, is this going to have any impact on the decision during stamping ?
b. If I travel to US, will this period of approval be increased to 3 years automatically or I will have to file for the extension? If I file for extension how difficult is to get the extension ?
1. No. However, you should carry recent letters when attending the interview. I assume your petition was filed few months ago, and lot of those documents may be out-dated now. So remember to carry recent ones including project/contract details and employer’s offer letter.
2. Your initial period will be until Dec 21, 2012. Extensions need to be filed in order for you to continue working in US beyond that date. The total time one can spent in US is 6 years, and only the time spent in US is counted towards it.
Hello
I have been in the US since 2003
Initially came on F1 to complete a MS in engineering. 03 to 2005.
Worked for a firm from jan 06 to nov 2006 on OPT and then on h1b till july 2009
from july 2009 to present on F1 visa again (completed MBA)
both MS and MBA from top 15 univs in USA
a firm wishes to spnsor me for H1b now and is filing soon…since i still have 2.5 yrs on H1b remaining, it will be a COS filing (change of status) filing from F1 to H1b and does not need the cap
My concern is that the firm is a startup…it has been around 4 years but is still pre revenue
they do have more than $50 million in bank and partnership with big firms inclduign fortune 50 companies
hence I am not concerned about my pay…i believe I will get it with no issues.
The firm has 50 full time employees
My question is that is there danger of H1b denial since the firm does not yet have a revenue and or income to show?
Currently my LCA has been filed…will know result in a week
I have heard that DOL can have issues with LCAs if the firm is small and the FEIN number (even though valid from a IRS document, if the DOL does not have record of it in its database) is this true?
Can some one advice me how risky is this process?
Thanks!
A lot of start-ups do not generate cash/revenue in the initial years of operation. And a lot of start-ups do file H-1 which get approved. Your company can show the VC backing and details of project/product you will be working on. As it’s a small company and probably their first H-1 filing, it would be a good idea to hire a good immigration lawyer for this purpose.
Hi Saurabh,
If i applied H1b premium in April then when i will get my visa date.. before october or after october
You can schedule visa interview:
– after your petition has been approved and
– at most 3 months prior to H-1 approval date (typically Oct 1, 2012 for most petition filed in April)
So you should be able to schedule interview after July 2012 as your petition would have been approved by then (as it’s premium).
Saurabh., Is that possible to travel before Oct 1st ? (premium process)
No. The earliest you can travel to US is 10 days prior to your H-1 start date. So assuming your H-1 gets approved and visa gets stamped, then you can enter US on or after Sep 20, 2012. Even then, you cannot start to work until Oct 1, 2012.
Saurabh…I was in India for an year(hence my clock is reset), my H1 petition expires on Dec 2012…if it is extended by employer under cap exempt i will get H1 extended by only the balance number of months till my 6 yr limit which is around 13 months…for me to get my Clock reset benefit I guess employer has to file H1 under normal cap(when it opens in April 1, 2012)…my doubt is can the SAME employer(with whom I am already holding a H1 and working in US) file for a H1 under Cap to get 3 years extension for me ?? What are the options ? Thanks for your help.
As long as the new petition is filed against the cap, you can reset the clock. It can either be filed by a new employer or the old employer.
Hi Saurabh,
My H1B is expiring on 26th Dec 2011 and my current employer is not extending my visa and he already booked my return flight to India. But today i got one project from other company who can transfer and extend my visa immediately (today itself). Is this is safe that transferring and extended visa in such a short time (just 6 days left)? So if im not going to India then do i need to repay my current employer return ticket? any other suggest is also welcome!
The other employer can file the transfer petition for you. It won’t be denied just b/c you have 6 days left on original petition. However, it needs to be filed before your I-94 expires. The new employer would need to file and certify the LCA which can take 10 days (including the posting). Does your employer already has a certified LCA for you, or will they do that now. In case of latter, they may not be able to file the petition in next 6 days.
In case you have to return to US, the employer can still go ahead and file the petition for you. Once approved, you can return to US after getting H-1 visa stamped in passport (if the original visa stamp has expired).
Actually my new employer told me that they already have LCA for this job and we can used that LCA, as LCA is issued based on the Job and not issued against candidate name. I hope this make sense, please let me if this is practically true?
If they have not used it already for an employee or if it was filed for multiple employees and not all slots have been consumed, then it can be used for you as well. Also, it can be used only if the work site and the job position remains the same.
Thanks Saurabh for you valuable feedback. I’ve asked my new employer to forward that LCA which is pertaining to my job.
On the other side my current employer (till 26th Dec) has provide me return ticket(of 25th dec) to India and till date I didn’t let them know that I got new job. I’m just wondering that if this may cause some problem for me that specially if they give me ticket and Im not travelling. Even they already gve me termination letter stating that they provide me free of cost return ticket and has they are taken H1B visa sponsorship back hence USCIS will take some action and may revoke my status etc.
Once you move to the new employer, you can return the flight ticket to the employer or pay the amount if the ticket is non-refundable.
As for your status, as long as you are still employed w/ employer, getting paid and have a valid I-94, you should be fine. Problem would arise after Dec 25th, when you are no longer employed w/ the employer and your petition from new employer hasn’t reached USCIS yet. As you are too close to that, make sure you talk to an immigration lawyer to have back-up plans in place.
Actually my termination date of current employer is 26th Dec (same as expiry date of I-94) and travelling date in 25th Dec. Today my new employer applied for H1B transfer and extension and date of joining is 26th Dec, So there is no gap in dates between current employment and new employment.
Regarding ticket, actually I’m thinking that i shouldn’t talk to my current employer that i got an new job here as my transfer of visa doesn’t depend on my current employer. Is it legally correct to cancel that ticket or pay that ticket money? If I don’t pay them then will that create problem to me?
As long as their continuation of employment and your H-1 transfer was filed prior to I-94 expiration date, you should be fine.
As for the plane ticket, it’s up to you how you want to deal w/ it. Legally you are not obliged to pay him back. What you want to do ethically is entirely different and your call completely.
Thanks Saurabh your valuable comment and precious time!
Hi Saurabh,
this is a great posting. Thank you for all the info.
I’m currently working in the US on H1B that is going to expire Sept 2012. My employer is not sure yet if he wants to extend it for the second 3-year period.
Now, I consider to search for a new sponsor.
1) When can my new sponsor file for the extension/when can I start working for the new sponsor: Would I have to wait until the current visa expires or could I change my employer right away?
2) Do I have to go back to my home country to get the visa extended?
Thank you!
1. If the same employer wants to file for extension, then it can be done as soon as 6 months before expiration and as late as just before expiration. If a new employer wants to file a petition (cap-exempt) + extension, then it can be done anytime b/w now and I-94 expiration date. You can start working for the new employer once the petition reaches USCIS (this is called H-1 portability). You can continue to work for new employer while petition is processing. If it gets approved, then you are all set. However, if it gets denied then you will have to immediately find another employer to file petition for you, or go back to old employer (if their petition is still valid and they are still willing to hire you). So depending upon how confident you are about the approval of new employer’s petition, you can either join on the basis of receipt or wait for actual approval before joining them.
2. Not necessarily. If the petition comes w/ an extended I-94 then you can continue to stay and work until that date (in conjunction w/ 797 expiration date). You will need to get visa stamped in passport only when you leave US next and want to return on H-1 and if your current visa stamp has expired. If the old visa stamp (from old employer) is still valid, then no new stamping is required to return to US.
Hi Saurabh,
My petition has been filled on Oct 2011 and I am yet to receive my petition approved.Is it possible to get it approved before this month end. if not how long will it generally take. PLease help me on this. thanks
At times, it can take 2-6 months. There are still pending petitions from July-Aug 2011. So I doubt if it would be processed by this month end (assuming it has been filed w/o premium processing).
Yes,its not premium. Also just another small question.Do USCIS Work this month after today. and when do they open in jan 2012.
They follow the federal calendar. You can search for federal holidays and know what are the days they will not be working on.
Thanks saurabh