- Flash News : Additional requirements for filing H1B Visa petition for 2011. USICS releases additional Employer Employee relations Memorandum
- New H1B visa petition filing guidelines and requirements for 2011 quota and New guidelines for H1B visa Extensions
H4 Visa holders general situation :
Typically, significant number of the H4 visa holders are well educated with B.Tech degrees and some of them probably would have worked in Indian IT Consulting companies like Infosys, Cognizant, TCS, Wipro, HP, IBM etc. for few years anywhere from 1 to 5 years. Once these well qualified professional women marry H1B visa holders working in US, they come to US on H4 visa and back of their minds, they are thinking : “After I go to US, I am going to apply for H1B visa and work in US along with my husband ”. Also, the guys are thinking too, “I should apply for H1B visa for my wife in the upcoming H1B visa quota”. Typically, this used to work out very well until recent years where there has been recession hit and significant job losses all over US. In general, it is very hard for someone who used to work full time as a professional to sit at home all day and do nothing. It is just frustrating and in fact waste of time too.
New H1B visa 2011 rules impact on H4 Visa holders:
Well, with the new H1b rules memorandum and additional requirements for H1B visa petition, there is a big question prevailing among the H4 visa holders, “How to find a good H1B visa sponsor who can fulfill the new rules ? ”. With the new rules the small desi consultancies who used to H1B visa sponsorship are no longer in good shape to file a valid H1B visa petition. I have already written a section about this in previous post, where I explain “What does New H1B rules for 2011 Quota mean to all the Small IT Consulting Companies ?” . Anyways, bottom line, your options for finding prospective H1B visa sponsors are very limited. I am sure the husbands on H1B visa are looking all around for any contacts to find a good employer. Few tips for looking for employers.
What/How to look in an employer to sponsoring H1B visa for 2011 quota:
- You really want to look for companies of good size, I would say at least 150 or more.
- The most important thing is to look if they have project implementations in US and they have employees working on site and reporting to the consulting company and not to client. They must have few implementations. It is very important for your Visa approval.
- As always, you can verify the size of the company and other details like denials, etc. Check the article: Things to verify before you choose employer for H1B visa .
- One of the avenues is to look at the big outsourcing concept consulting companies like Infosys, TCS, Cognizant, HP, Accenture, etc. There are many outsourced projects and because H4 visa holders have some work experience, they can cash that in and build a strong resume. It would be an ideal option if you can find a job in the big IT outsourcing Consulting companies.
- Another option is to look for Full time job at any American company. If you can dictate the start date with the company to have it from October 1st, then you can adopt this option. It might not be possible. Read the below for more likely situation based on cap numbers.
If H1B quota for 2011 lasts until December 2010 :
Let’s say, hypothetical situation (cannot count on this, but something to think about), the H1B visa quota lasts till December 2010. It does not even be till December, even the H1B quota lasts until October 2010, there is another idea. You can start looking for Job in any American Companies. I mean, look for a FULL Time job in any American company. You are not limited to consulting companies. Based on the cap count, you can see the situation and may be start looking for Job from August and you might get an offer in September, they can apply for Visa. Ideally, it takes 2 months or so for getting full visa approval. It sometimes comes early too based on how fast USCIS Process the H1B visa petitions. Anyways, you may start looking for job from June too and may get an offer in August and by the time the visa process is done you are already there in October 2010.
It is a very hard situation for all the H4 visa holders and I know quite few of my friends who recently got married and are planning on H1B visa for their wife, but having a hard time with new rules and recession. Well, it is what it is, we cannot change much. Just try harder… Good Luck!
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My wife is here on H4 VISA. She has valid H4 approval till this 01-Oct-2011 but not VISA stamped on her passport since she did not depart USA after her H4 extension.
Last year, she applied for H1 through a different consulting company and it got approved on 07-Oct-2010. Also she got I-94 from her employer valid till Oct 2013.
Form that day she did not work a single day so her employer did not process any pay stub. As this is her 6th month without job and pay stub, also it may take another a month or two for her to get the project.
I am here to know and understand about her current situation.
• What is her current Status? If she is out of status, does she need to depart the U.S. immediately?
• Can she stay here in USA with her existing H4 VISA ( valid till 01-Oct-2011) without taking further action on her VISA status?
• If she get a project, can she start with her existing employer?
• Do I need to apply for transfer VISA back to H4 from my employer?
• Will there be any complication in future for her to enter in USA?
1. She is out of status big time. 6 months out of status could lead to a ban of 3 years from entering US. You need to consult an immigration lawyer on how to get out of this situation.
2. She needs to be in US on a valid status. To be on H4, she either needs to go out of country, get H-4 stamped and then enter on H-4 visa. The other thing that can be done is to file COS from H-1 to H-4. However, in both scenarios she may be asked to submit payslips and W2 from the H-1 period.
3. Yes
4. Depends, whether she wants to go back on to H-4, or continue to remain on H-1. If she remains on H-1, she needs to get paid.
5. Lot of complications as it has been 6 months and she hasn’t maintained her status in US.
Hi,
I have a query regarding my joining date to my new employer on h1b visa.
My h1b visa is transferred to new employer (say B). I want to resign my current employer A on 11th march and want to join new employer B on 21 st. march 2011.
So is there any risk to join little late or is it illegal as I will not have any payroll for a week? I heard somewhere that to live in USA on h1b you should get your payroll processed …
Thanks in advance
One week is reasonable time period, and you should be fine. If enquired later, you can state you wanted to take a break to go on vacation, or take care of personal items before joining the new job. Lot of people take a week break b/w jobs.
Hello Saurabh,
Im travelling to US on April 2nd week on a H4 visa as dependednt to my wife’s H1B visa.H4 visa is being provided by my wifes employer ‘X’.
My concern is that is there a possible way of getting a work permit or authorisation letter or EAD from my present employer ‘Y’ in india.
Why im asking is that my manager had asked me to check if there is a way around so that they can help me .
Thanks
Sreejith
No, once you are here on H-4, you cannot work here PERIOD.
Your current employer either needs to file H-1 or L-1 for you in order for you to work here (the job should be H-1 or L-1 eligible).
Thanks Saurabh…Bad Luck!
Hi Kumar / Saurabh,
I have my H1B approved petition from my current employer.But my employer told me that he will not be able to send me for stamping as there is no requirement at out U.S company right now. Meantime my husband is about to get his H1 stamped.If i travel to U.S using H4 will my H1b approved petition gets void? Pls advice
No, it won’t get void. Once you reach US on H-4, you can apply for H-1 transfer to another employer on the basis of your already approved petition.
Thanks for the reply.Me and my husband work for same concern. While filling online application in vfs-usa.co.in, as per his manager advice he didnt fill the family details coulmn,hence it is obvious that i will not be able to go with him for H4 stamping on the day of his interview.So when i apply for H4, seperately at later point of time , will i be questioned by consulate officer as why didnt i come along with my husband on his interview date.If so what shud i reply. Pls let me know your thoughts.
You can say that you weren’t certain about your plans, and that’s why you decided to take the date separately. It is not uncommon for husband and wife to go for H-1/H-4 stamping separately.
I have a question regarding transferring to H1B status. I was on H1b, start date Oct. 2008. Then I lost my job changed my status to H4 visa which started on 23rd Feb. 2010. Now I am getting few interview calls and if offered an employment will I be able to transfer to H1B again? or will I have to wait until April 1st and start my work only from October 1st?? Please help…
You can do an H-1 transfer provided you maintained valid legal status while you were on H-1.
Thanks for your reply!!!
Hi,
I am looking for my H1 B transfer, currently it’s with company A
Company B said that they are waiting to get reciept from USCIS.
Can you please let me know as per that which stage my visa transfer is and how many
Days it takes to get reciept.
Mainly I want to know how many more days I may
need to work with company A before I reach to final stage of my visa transfer.
Receipt is typically issued and received within couple of weeks. When applying for H-1 transfer, a person can start working for the new employer based on the receipt notice. The person doesn’t necessarily need to to wait for the approval to start working for the new employer.
However, remember that if a person starts working for the new employer based on receipt generation, and H-1 transfer is denied, then the person needs to go back to work for the old employer, or immediately file for transfer to another employer and work for that employer, or need to move to another valid visa status.
Many Thanks Saurabh for the quick response…
Do you know any companies/ organisatoins that will do H4 to H1B conversion…So that i can approach them.Do you have any such database of these companies.
Thanks
Sreejith
I don’t know any company that I recommend you. Talk to your friends/colleagues in US who are working in US at these consulting companies. It’s best to approach a company where someone you know is working there. Otherwise majority of the companies in consulting business are there to such your blood.
Hi,
Your site is really informative.I would like to take your time for few mins.Can u please take a look at my situation,below.
I am currently on H4 visa.Will be travelling to US on March last week.
I have mainly 2 questions in my mind.
1) what is the exact timeline for me to apply for H1 visa and get started working in US?
2) IF it takes more than 6 to 8 months, are there any chances of decent jobs where i can work.
Can u please suggest few such jobs and tips in moulding my career.
Thanks in advance.
1. H-1 can be applied anytime on or after 1st April 2011, but employment cannot start until 1st Oct 2011.
2. It is tough to find a decent full-time (non-contracting job) especially when the employer has to wait for almost 6 months before you actually start working. A more common route is to have H-1 filed through a consulting company, and then eventually move to a company of your choice. You need to maintain valid legal status all this while to ensure you can move to another employer, and at times consulting companies work culture put hinderances to that.
Best way to to search for such H-1 sponsoring consulting companies is to go through your professional/social network. Talk to your friends, colleagues who are already here in US working for such companies and can they provide you accurate feedback. Vet those companies by doing background search over the net. You can also find a lot of job openings on US job sites like dice, monster, career builder etc.
Hello,
Im having 6 years of IT exp in india..My wife got the H1B visa and she has to fly to atlanta by the mid of April 2011.Im planning to accompany her on H4 visa and start looking for oppurtunities in atlanta.Can i get my H4 visa converted to H1B visa .Could you pls advice on how long will it take for conversion.Will this be risky.Awaiting your advice.
Thanks
Sreejith
H-4 to H-1 conversion is not much different from your wife’s H-1 that was just filed. You need to find an employer, who will file the visa for you. Because you are already in US, you have the option of either filing w/ COS (change of status) or w/o COS. If filed and approved w/ COS, you can start working in US on H-1 w/o having the visa stamp in the passport. If filed w/o COS, you will have to get H-1 stamped from outside US before starting to work on H-1.
Except for the difference of COS, there is not much difference from regular H-1 filing (i.e. quota, fees, documents required etc). One additional document required will be your wife’s payslips that would prove that you have been maintaining valid legal status in US on H-4.
Hi , I am due to apply for H1 visa for the next financial year – 2011-2012 from my company(as per the current status). Rite now I am on H4 visa which has its validity from 26 May 2010 to 14 Sep2012.
Query – I have heard that , when a person is on H4 then he/she cant apply for H1 for next 1 year . Since am going to complete my 1 year on 25th May 2011 and applications for H1 process wiill be sent on April (for which the time period of 1 year is short by 1 month) , will there be a problem in filing my H1-Visa . Please let me know the process/details at the earliest .
There is no such requirement. A person can apply for H-1 even very next day after arriving here on H-4 (provided quota is open).
Thanks Saurabh , appreciate ur quick response , though i was late in checking it …
Hi! I’m currently on H1 right now and working. If I become an h4 to an H1 holder once my H1 extension expires, how soon do you think I can convert my H4 back to H1, providing the instition (which is a non-profit organization) will sponsor?
If the employer falls under cap-exempt category, then anytime during the year. There is no minimum time you need to spend on H-4.
BTW, how long have you spent on H-1? If 6 years, then you cannot go back from H-4 to H-1. You will have to spend 1 year outside US before applying for H-1.
Hi All,
I have 6 years of Automation experience in IT Field(Testing) and in India i was working for sab labs .
I reached us on oct 2010. I am on H4 i am looking for consultant who can do my h4-h1. But everybody is asking for client letter.I am losing hope.Can any one help me out.
It is really tough to get H-1 approved in a consulting company w/o client letter. It’s more of chicken and egg problem – H-1 requires client letter and client letter won’t be issued unless the client is ready to hire you.
Did you consider moving to a student visa and be a full-time student?
is there any possibility for applying h1 for this year,as it reached the cap.iam on my h4 now,we applied it but we were late ,is there any possibility now?pls reply asap
You cannot apply in FY-2011 quota. You can now apply in FY-2012 quota – first date to submit the petition is 1st April 2011, and the earliest start date to work (provided petition is approved) is 1st Oct 2011.
Hi Kumar,
I came to the US last July on an H4 visa. Have been trying to find a company to sponsor my H1, but no one is willing to do that – I do get calls about short-term projects, but those companies expect me to have a valid visa. Now that the H1 quota has been filled up, I am wondering about the following options:
1. I was working in India till May 2010 for company x. Can I approach company x in the US and if they are willing to give me a job, can they file for an L1 here, since I did work for the company in India from 2006.
2. I believe applying for an L1 can be done any time. Will my chances be affected because I am already in the US?
3. My husband’s H1 is valid till 2012. Will the L1 duration be affected by this?
4. I understand that there are other ways that I can file for an H1 – if I get a job as a research assistant, get a job in a non-profit organisation. Can you provide any more details on this. I have no idea as to how to find a job in these areas – any info. you can provide on this will be great.
Thanks!
1. You may be eligible for L-1 under your old employer as you have worked for them for at least 1 year outside of US in the last 3 years.
2. Yes, there is no quota or timeline for L-1 visa.
3. No, it won’t be impacted by your husband’s H-1 duration.
4. Cap exempt H-1 visas are usually filed by research organizations, non-profits etc. You can find one of such employers, and they can file cap exempt H-1 for you even though quota has exhausted. Start looking for universities, hospitals, non-profits (red cross) in and around your area. That would be a good place to start.
Hi,
Nice article!
I came here on H4 on 2008 and got my H1 through a consultant. Worked on a 5 months project. After that I was on bench for few days and didn’t find any project bcos of bad market condition. Without wasting time I applied for COS to H4 and enrolled in Masters degree. Now I am graduating and looking for job. Every call I am getting they are saying it’s difficult to change from H4 to H1. And I don’t want to go through any consultant/ middle man again but looking for a direct company. Do you think I should explain them that I need sponsorship for H1 transfer but not new H1 through cap? Also I have SSN and can start working once they file H1? Also since I have done Masters do I have to go through Masters quota or can I just transfer to the previous H1?
Based on the information that cap has reached for this fiscal year, a better option for you would be to do H-1 transfer. Yes, you should try to explain to the companies that although you need sponsorship, H-1 would be cap exempt as you have already been counted in the quota before.
In case your new employer decides to file a fresh H-1 for you, I don’t think that would go in to Masters category, as you completed the advanced degree on H-4 and not F-1 (but I am not 100% sure about this).
Hi there,
Your forum is really very informative and helpful. Thanks for being so proactive. I have a doubt/confusion of my own. Please help!
I am currently in US on an H4 visa. My H1 got approved in September 2010. However, we did not immideately go for COS due to personal reasons. Now, I would like to go for COS but the confusion is that my husband’s H1 expires in April and so does my H4 (will apply for an extension in Feb or March), will this affect my COS? Should I wait till his visa extension is done and then apply for COS?
Secondly, how long does it take to change the status and how much does it cost?
Eagerly look forward to your response.
Thanks,
Kimi
It would be best not to have them done in parallel, because then one may override the other. You can file for H-4 extension now, and once approved, you can file for COS. However, you also need to take into consideration whether your employer wants you to start working now, or some months in future.
Extension would take 2-3 months, unless filed under premium processing. COS would also take 2-3 months.
Thank you so much for your prompt reply…. My employer does not seem to be in any rush and as of now even I do not mind waiting…. So mostly, I will wait till the H4 visa extension is done and then go for COS.
Any idea how much does COS cost? and if there is any premium processing for COS too?
COS costs $290 and unfortunately, premium processing option is not available for COS
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=94d12c1a6855d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD
Oh… I was banking on premium processing of COS….
I have another question (one answer leads to another question 🙂 – Should I visit India, once my H4 extension is done and come back with a stamped H1 OR staying back and doing a COS is a better deal?
Depends. Time-wise getting it stamped from India is faster than waiting for COS to get approved. On the other hand, if your application gets stuck in additional documents, then you will continue to stay in US in case of COS, but you will be stuck in India in case of stamping.
So the answer would depend upon how soon you want your H-1, and how confident you are that you can provide all documentation required for successful H-1.
Hey Saurabh,
Thank you so much for all your responses – they were indeed very helpful….
I was wondering from where can I get some info on H1&H4 visa extension – I wanted to know – If an extension gets denied, how long can I stay in the US after the visa expiry date?
I would be greatful if you can answer this or direct me to the relevant site.
Best Regards.
An alien’s legal presence in US is governed by the I-94 expiry date and not visa expiry date.
So if the extensions are denied, you and your spouse can stay only until the expiry of the I-94. If the I-94 has expired by the time denial notices arrive, you will have to leave US immediately or move to other statuses like B-1/B-2 or F-1/F-2.
Can we move to the B1/B2 status (apply for a fresh B1/B2) staying within US once the H1-H4 visa extension is denied?
Yes, you can move to B-1/B-2 in case extensions are denied. You will have to provide a satisfactory reason for doing so.
Hi,
I have one sincere doubt. Please clarify me.
My wife came on H4 visa and we applied for H1B. We have got approval and received 797 . My doubt is if the employer has to apply for change of status (COS) . If yes, how can we proceed further? Employer says that there is no need to apply for COS since she got 797 and can start working after getting SSN. Is this true? Please guide me.
Thanks in advance
Did 797 arrive w/ I-94 attached to bottom of it? If yes, then she can start working w/o applying for COS. Actually, in this scenario she is already on H-1 and should start getting paid immediately to maintain legal status in US.
However, if no I-94 is attached to bottom of it, then she is still on H-4 and the employer either needs to apply for COS or she needs to get H-1 visa stamped before start working on H-1. If she applies for SSN, her request may be denied as she is still on H-4 and not H-1.
Thanks Saurabh for the prompt reply. we did receive i-94 along with 797.
you mentioned that she should start getting paid immediately to maintain status. she received her SSN 10 days back…and looking for job now…my doubt is how soon she should get a job …in a month or 2…do you think this is acceptable period? please share your thoughts….
Thanks again
Because the 797 came w/ I-94, she is already on H-1. In other words, her COS was applied along w/ original petition, and no further action is required regarding this.
Legally, a person on H-1 needs to be getting paid all the time. Staying in US on H-1 w/o getting paid may have dire consequences in the long run. From USCIS’s perspective she should be getting paid all the while. Remember she has a job – her job is w/ the employer who filed her H-1. Yes, she may not have projects or may not be billable asset at the moment, but there is no concept of benching in H-1.
Hi,
I have initiated my H4 to H1 COS last week from my end. Yesterday only the LCA was submitted. Heard that it will take minimum one week to get LCA approved.
1. Could you tell me after that what are the steps?
2. And at what step my H1 will be considered as submitted to USCIS? ( I am very much curious because the H1 quota is getting filled so fast.)
3. If I submit my H1 after 2011 quota, will it get rejected or will itbe considered for the next year quota? (I wish to file my H1 for this quota alone)
Please help me with these queries…
Thanking you.
Danny
1. Once the LCA is approved, the employer will file I-129. If the quota is still open, USCIS will accept it and adjudicate the petition.
2. Once they receive I-129
3. If the quota has exhausted, they will return the petition to the petitioner. They will have to re-apply when next fiscal year’s quota opens i.e. Apr 01 2011.
Thank you very much Saurabh for that quick reply. You are amazing…I really appreciate all your efforts for making such a wonderful and useful forum.
One more quick question – Is client letter mandatory for H1 filing? Is the rejection chances increase if client letter not included?
Hi,
I have a question. me and my wife both are working in USA since 2008 on H1B VISA, now my wife wants to come on H4 Visa just for 3-4 months (to get some relax from her current job). So i have few questions:
1. What is the process to convert H1b VISA to H4 Visa while in USA.
2. will her H1B be valid ? considering her H4 visa approved.
2. if later my wife want to join some company On H1B then what is the process for that.
thanks for this wonderful forum.
1. You will have to apply for COS (change of status). You can get the form and instruction from USCIS website (form I-539). You will have to submit the fees and supporting documents (including your recent payslips, her payslips, your 797 etc) and the required fees.
2. Her H1 would still be valid i.e. if she decides to move back to H-1 in future, she can do that w/o going through numerical quota system.
3. The company would have to file COS for her from H-4 to H-1.
Let me know if you have any other questions.
I am working with TCS.Will be travelling to US on H4.I would like to know will it be possible to work for my present company and with same project from home i n US.
Please advice..
By law, you cannot.
I attended non-immigrant H1B visa application interview on December 10, 2010 at US Consulate New Delhi. At that day I did not had client/project letter where things changed. I was issued a 221g (green) form requesting additional documents with first 2 options checked. I submitted requested documents on Dec 14, 2010 at VFS New Delhi Center.
On December 20, 2010 I received another 221(g) letter again requesting project details and employer’s last 2 years tax returns. I submitted requested documents on December 22, 2010 at VFS New Delhi Center .
I emailed consulate 2 weeks later for update on my visa application status. I got an email Thursday 13-Jan-2011 that my visa has been rejected with standard response – “Your petitioner does not appear to be either able or willing to provide qualifying employment in the United States in accordance with appropriate laws and regulations.”
My Employer is surprised at this as it was an in-house project and they onsite-offshore model with 70 people working for them in SF. They have 2 offices in India where around 150 people are working. I have 8 years of experience in Software Development and have been to US 5 times on B1 and L1 from my previous organization from 2004-2009. I have worked there for almost 20 months in total on L1 visa.
Can you please advise me what are the possible options I have now? Can I use the same petition and take new interview date again?
Also, My wife has h1B issued in 2008 Dec ans is valid till Oct 2011 from a desi consultancy company. She has never travleled on her h1B yet.Shall I try for H4 now on her visa? What are the chances that I may find H1 sponsor later?
Is your employer a product based company or a consulting company? What’s your domain and technical expertise?
For the current petition, I don’t see many options. You can apply for H1 through another employer though, or the same employer can file your H1 but unless job requirements change, I don’t see why USCIS will approve it. Typically when they reject the visa, they send the petition back to USCIS for revocation. Follow-up with the consulate to know if that is the case.
You can apply for H4 visa, but you cannot travel to US unless your wife’s employer has a job/project for her in US. Even then you cannot work in US on H4 and will have to find an employer who is willing to file H1 for you.
Let me know if you have any further questions.
I have H1b visa which is expiring Sep30th 2011. My wife is in H4 visa for a year now. She got a job recently with a non profit who is going to file her H1 along with COS. I was wondering if my H1b expiring this year (my wife’s H4 as well) will this have any impact on her approval of H1B or COS?
If approved will she get a fresh 6 years in her H1 (she has never been in h1 before)
Thanks
Your H1 expiration will have no impact on the outcome of her H1 petition. Yes, she will be eligible for up to 6 years of H1 as she hasn’t spent anytime in US on H1 or L1. However, it’s not necessary that USCIS issues 797 for the entire 6 year period at once. The time period will depend upon the project and other factors, but timely extensions can be filed.
Hello,
What is the success rate of H4 getting H1 visa if applied freshly or with COS clause in 2010? And what are the predictions of the same in 2011?
Regards,
Aditi
Once the H1 has been approved, and the H1 beneficiary is maintaining legal status (if s/he is US), I don’t see any reasons for rejecting H4. While granting H4 visa, the officers primarily look at H1 beneficiary’s status. They can ask questions like what do you plan to do in US, will you like to work; but as long as you stick to the script, you should be fine.
Hi,
I am on H4 visa and I am planning to do my COS to H1 under 2010 cap as one of the consultants has agreed to sponsor. Can you please tell me, how long will it take to know whether my petition is approved/ rejected. Also what would be the benefit if using Premium processing. Once my H4 stamping expires do i have to go back to India and get the H1 stamping or else I can extend my visa staying within US itself.
Thank you in advance.
FY2011 cap is about to get exhausted. Your petitioner needs to act fast if they want to make through this year’s quota.
The processing time at the moment is anything b/w 2 to 5 months (considerable delay).
Premium processing is a good option only if you want to move to H1 ASAP, and are ready to spend 1225 USD for the same. It doesn’t impact the outcome of the petition, but you would know the result within 15 days.
If your H1 is filed and approved w/ COS (change of status), you don’t need to get H1 stamped in order to start working on H1. If it’s not filed w/ COS or if COS is denied, then you will have to get H1 stamped from home country before starting to work on H1.
Thank you a lot for the reply.
Any guess, how fast 2010 cap is going to be closed (within a week or two)?I am yet to initiate the process from my end.
I would guess maximum two weeks. However, because quota is so close to completion, it may pick up speed as more and more companies would try to make into this year’s quota.
Hi
I’m in US on H4. My compaany has filed H1 for me and is approved. Can the status be changed from H4 to H1 in US itself so that I can start working here? Or do i need to go to India for stamping first?
This is fresh H1 B. Thanks for help.
Hi,
Could you please confirm as this is urgent?
Thank you.
Navy, I am not sure how your company applied, if they have applied as Change of Status (COS) you can start working right away…if not, they have to apply for COS. You do not need to go to India for stamping…You would need to do that if you leave the country for some reason and re-enter US on H1B visa status.
Hi Navy,
How much time did it take to convert h4 visa status to h1 ? Please reply. Thanks
Hi Kumar,Saurabh,
How are you doing?
Highly appreciatable if you provide your suggestions on below queries.
Recently i have been converted from L1B TO H1B in Oct Month.
Now i am planning to go Paris in 2nd week of January 2011.(only for 1 week)
But my visa stamping shows L1b but i am actually H1b now.
So as per my knowldge if i go any ountry while coming back i have 2 get stamped while entering into USA.
One of friend suggested make a schedule with Canada immigration team and get stamped first then make a plan to Other side USA.
He suggested don’t go Europe with out H1 stamping.
Would you guys suggested me on this.
Thanks In Advance.
Regards,
Ravindra
It is recommended that one should go to home country for first visa stamping. This will be your first H1 visa stamping, and so India is the safest bet. If not, Canada or Mexico are the next best options. Check on the websites of US consulates in CA & MX, to see if they are accepting visa applications from people not belonging to those country. If yes, then I would recommend going there first, and then traveling to Paris.
Remember that in case the consulates doesn’t approve your visa, you will then have to go to your home country to get it stamped and enter US.
Bunch Of Thanks Saurabh.
Really Appreciate your suggestions.
I wish You a Happy Christmas and Happy New Year.
take care
~Ravindra
Hi,
I’m on my 7th year H1-B visa with my I-140 being approved. Because of personal reasons I’m thinking of converting to H4 visa. If I convert to H4, will I be able to get H1-B later (may be after 6-9 months)? Also can a consulting company sponsor my Green card if I covert to H4?
Yes, you can move back to H1 based on approved I-140. You will not be subjected to quota.
However, I am not sure if the old employer will/can revoke I-140 once you leave them and move to H4. You need to figure that out.
Any eligible company can sponsor your GC.
Thank you for your message.
Hi,
My husband has worked in US earlier from Nov2005-Jun2010 on L1 visa and came back to India. His L1 got expired in August2010. He has another work permit petition for H1B, which was filed in March2008 but he has not gone for VISA stamping on that. The status on this is only valid petition.
Now, I am planning to travel to US on my H1B and we are thinking of 2 options.
1. I will apply for H4 for my husband. And, Once we go to USA, he can try for stamping his old H1B work permit and change from H4 to H1.
2. Get the H1B visa stamping for my husband as well from India it self and then travel to USA.
Can you please guide, which is possible/not possible, good/not good?
Thanks
Kumari
Your husband has spent close to 5 years in US on L1. So he can work only for 1 year (and few months) more on H1. There is a cap of 6 years i.e. a person can work only for 6 years on H1 and L1 visa, and has to then spent at least 1 year outside US to become eligible for next 6 year period.
If he want to utilize another 6 year term for his H1, then his employer needs to file his GC ASAP and his 140 needs to get approved (this process in itself will take a year). The time he spends in US on H4, doesn’t help in resetting the clock.
Now coming to your specific questions:
1. Yes, he can do COS from H4 to H1, and start working on old H1. He can also do COS to a new employer’s H1. Stamping is not required if COS is approved. However, petition validity will be determined by his remaining H+L period.
2. If he has the documents ready to support his H1, then he can get H1 stamed from India as well.
Both options are possible, and the possibility of successful stamping/approval depends upon if the old employer still wants to hire him on H1. If not, then you should not use the old petition for stamping/COS. You should then find a new employer and ask him to file a petition for your husband.
Hi,
My wife had a valied H1B and she worked in US for little more than a year and was back to India in early 2009. Now I am relocating to US on a H1B and as my wife’s employer is reluctant to renew her work permit, she would be moving with me on H4. Her work permit(I-797) got expired on June, 2010(upon 3 years).
My question is – if she gets a job in US then can her new employer renew her older work permit? Or her employer has to file for a new H1B?
Any information would be highly appreciated.
Thanks,
Anurag.
She has stayed outside of US for more than a year. If you want to reset her H1 clock to zero, then it’s better to file a new H1 and not use the old 797. A person can stay for maximum 6 years on H1. If you use the old 797, then she will have less than 6 years of H1 left, but if she files it as a fresh H1 then her H1 time starts now.
The disadvantage is that if it’s a new H1, then the employer has to pay certain extra USCIS fees.
Hi,
I have applied a h4 on 19th oct and i got the mail that they initiate the process of h4 and H4 is in intial review status. But my husband move on h1 on 25th oct.
My question is am i out of status? or still i have 30 days grace period to move on h4.
I got one offer they want to file my h1. Can i ask they to file h1 on h4 but h4 still on intial review from 25th oct. Can they file LCA and then wait for approval and then file h1.
thanks
monika
What was your and your husband’s visa status before 19th Oct?
I was on L2EAD and my husband was on L1. his visa (H1B) got activated on 25th of oct 2010. and i got the job and thinking to move on h1b from L2EAD but they said i have to go back to india for stamping its better to go on h4 and then file h1. so i have to file h4 and now from 25th of oct, it is in intital review. Can i file LCA on h4 till that LCA approval time i can get the h4. and then file h1 on that h4..
When he moved to H1, your L2 is no longer valid. You should have filed for H4 along w/ his H1. IMO, safer option is to file for H4 (or get it stamped from outside US), and then apply for H1. The longer you stay on L2, the more you are staying on an invalid visa.
Hi Saurabh,
I have already apply h4 on 19th oct as i mention above and now alomst 3 week is completed but still in intial reaview and i have spoken with lawer he said i have 30 dyas grace period. till that time i can get the h4. my emploer has file the LCA on friday. Is it still too risky to get the h1.
It may still work out, because the dates are so close. I see following possibilities:
1. You can file for H1 along with COS w/ PP option. Submit your H1 documents and pending H4 petition as proof of current status. I don’t know if USCIS will buy this or not, but you can check with an informed experience attorney.
2. You can wait for your H4 approval, and then file for H1. This may take some time, and looking at current processing times, I am not sure if your H4 will be approved within next 30 days or not.
Hope that helps.
Thanks for reply!!
I need one more help!! i already spend the 3 yrs in USA on L2EAD and my company apply H1 for me. I got 3 yrs.
My question is, Can i get whole 6 yrs on H1 or only 3 yrs. coz i already spend 3 yrs on L2EAD.
Moni
Monika,
Time spent on L2 does not count towards 6 years. You will get full 6 years. Read this document by USCIS
Hi Kumar,
I came to USA on H4 visa, a few months back and i’m looking for H1B sponser since, i’ve work experience of 5 years as Oracle Apps functional consultant. I’m getting 4 to 5 calls everyday for job opening but no one is ready to sponser me H1B. Can u suggest me, what I can do further to get my visa sponsors?
Thanks in Advance,
Pavithara R.
Pavithara, You are in a very tricky situation…consulting companies are reluctant to apply for H4 to H1 these days with more strict rules…Honestly, it is a very tough situation and it can be very challenging to find someone who can help you….You have good experience, you have to talk to more people or your spouse can help you too…just keep talking to more people to find good companies. Alternatively, you can look for a full time job, you might have similar challenges there too….worth trying though..
If you’ve already worked on H1-B during 2008-2009 and then changed the status to H4 due to a new addition in the family for a year and now again want to get back to work on H1-B, what are the possible options? Do I have to go through the 2011 quota process again? Are there any limitations? How to find a sponsor?
The person doesn’t need to get counted against quota again. They can either go back and work for the old employer (if that H1 is still valid), or start working for a new employer by filing for a H1 transfer. I am assuming the alien maintained legal status in US all this while.
Hello,
I read your article which gave me the glance of the present situation of H4 visa holders in USA. I am a Mechanical Engineer, did my masters in Cryogenic Engineering and then PhD from IIT, all from India. Immediate after the completion of PhD, I came to USA in H4 visa. After about 6 months of job search here, I am just not getting any hopes. The situation here as big companies say,” Mam, you need to have a work permit (H1) for this job, and for H1 one need job”. Hence, baseline question where and what should be my alternatives?
Thanks and Regards,
Aditi
Aditi, You have to say I need sponsorship to work in US. Often people are confused, you just have to explain to them. I understand your frustration, but you just have to deal with it and try to explain it. Many employers are just risk averse and do not want to take immigration related complications….In fact there is quota left for this year, so you should be good…keep searching, do not just lose your hope. Good Luck !
Hi Kumar,
I note your point on quota with interest. Any idea how many is open in this year’s quota? Is there a site that gives status on this? Would be great if you can throw some light in this regard.
Thanks
J
Jai, In fact I track the quota on this blog with trends and analysis. Check the updates page H1B visa 2011 Cap quota Updates Check the analysis article links on the page for week specific updates and quota info.
this is great. thanks.
Thank you Mr. Kumar, indeed I have mentioned in all cover letters that I need sponsorship for working in US.
And, hope only makes living life optimistically.
Thanks again.
Aditi
Aditi, If I were you, I would not put it in cover letters. The only reason is, it is less important in cover letter and adds lot more confusion and complexity before they even call you, as many do not even know what H1B is and what sponsorship means…. So, the goal is to get the interview call, do the interview and then discuss the options. If the online system explicitly asks a question, then you have to fill out that. Try to get the call. Also, to make your life simpler, Check this article I wrote on how to find H1B sponsors in a location in USA
Mr. Kumar, the addition of the visa status was after indication of many managers who interviewed me on phone. The very first question in the inteview was about the visa status. The managers themselves suggested me to add my visa status in the cover letter itself. Ideally I also feel I should not add it. I will surely reconsider.
Thank you for the link. I hope it helps me to get a sponsor soon.
Aditi
Well Aditi, it is debatable and every manager is different… 🙂 Good Luck !
Mr. Kumar,
Would you suggest changing the core engineering field to IT after training might help me get a job? Since repeated and regular rejections even after face interviews have become a routine. What do you suggest? Do you have any educational suggestions for me after Phd?
Aditi
Aditi, you have an awesome degree PhD from IIT…Honestly, my recommendation would be get a Post Doc and stick to your own field. If you like research, you can continue in that area and become a Professor. If you are not interested in research and teaching, then you can consider other options…What do you think ?
PostDocs option is there in my mind right from my PhD thesis writing stage (i.e. Dec 2009). I really wished to come and join my husband with an independent visa and not H4 but God is an awesome player. Still I applied to most of the professors in my and related research area since then. 60% of professors did not reply. 39% repied that they have no funds for recruiting postdocs. And the remaining 1% replied that they have already filled the position and that the advertisement need to be removed from the site, can you send us the link? Hence now I am clueless how to proceed and which way to go. Just today I got a rejection letter from one more core industry. What say?
Aditi, Glad to know you are interested in Post Doc. I think, it makes a big difference from University and professor’s perspective from getting you to US for Post Doc vs. hiring you for Post Doc when you are in US. Do NOT give up hope. Now you are in US, you can call the professor, you can call the School, you have much more reach. You can setup an appointment and meet them in person…There are unlimited options…If I were you, I would seriously brush up contacts and professors in your area, look at various schools and see if you can get Post Doc. If not, you can apply for Assistant Professor position too….Look at Engineering companies and Automobile companies for research positions…I know it is not as easy as I say it, but worth trying…Persistence will get you a job soon…I do not see any value in studying further after PhD unless you want to change career…
Hi,
My wife may get a H1B visa shortly. Is it possible that I can go as a dependant in H4 and then convert to H1B whenever I get an opportunity? Is this applicable for spouse both ways – husband going as a dependant?
Thanks
J
Yes that is possible. H4 visa is for dependents – spouse (husband or wife) and minor kids that are not US citizens.
Hi, Mr. Kumar
Thanks for the information. I’m a Mechanical Engineer having experience in HVAC as Commissioning technician. Now I am on H4 Visa. Can you pleaese tell me what are my chances of getting employment? Is it only limited to IT field or do I have any chance of getting H1B visa?
Regards
Rajesh, No. There is no limitation like that. Mechanical engineering falls under highly skilled labor. You just have to look for companies that have jobs and see if you can get visa sponsorship from them. It is a little challenging with the economy…but, not impossible though.
Thank you very much Mr. Kumar . It is so nice of you.
Hi Kumar,
I read all the situations above and your replies but my situation is very different from all the above, i have finished my Bachelor of engineering in 2010 immediately i got married and i came US in H4 visa, is there any possibilities to get a H1B sponsor?if not what can i do for getting H1B visa?am waiting for your reply!
Gayathri, Yes, it can be possible… In fact, you do not need work experience to get H1B visa. The point is you have to find a role in US that falls under highly skilled and matches your education….Talk to your spouse and friends, they should help you.
Thanks Kumar , i gained my confidence again from your reply,thanks a lot.
Welcome Gayathri !
Hi,
My case is a little different from what we have seen earlier. I have a master’s degree in the US and graduated in Aug 2009, went back to Ind (didn’t apply OPT) and worked there for a year and again back to US on H4 in Aug 2010 and now looking for H4-H1B Visa status change.
Do you think my master’s quota would be my strength here over others who don’t have one? Also, how do you think the present situation is for H1B ??
I assume you completed your Masters on F1 visa. If so, then yes you should be eligible for Masters quota. However, at the moment, both quota are open, and you are free to have your employer filed in either quota.
My suggestion would be to file through an employer who has real projects (if it’s a consulting company) or real work (if it’s a non-consulting company). Because you have a US degree that should put you apart from those who don’t have a higher educational qualification.
Good luck!
Thanks 4 the reply, yes, I pursued my masters on F1 …
I heard a lot of negative responses from people for filing H1b’s this year , Is this year a wrong time to apply ??? What are the chances of getting it approved incase I apply for? And on what factors do the decision depend on?
So there are lot of factors one needs to consider before applying for H1 (especially through consulting companies):
– track record of the H1 employer
– ability of the H1 employer to find projects for you
– your expertise and strength
When adjudicating your petition, USCIS vets employer credentials, their ability to pay you (that’s why they need project/client information) and their history w/ the law (i.e. whether they abide w/ labor laws etc).
Your own expertise and technical strength will help you to pass different interviews. Unfortunately the job market hasn’t picked up as much as people wanted, unemployment is still b/w 9-10%. What this means is that for each open position there are more candidates that are applying. And in order to beat the competition, one really needs be technically strong.
Keep them in mind when finalizing an employer and filing H1.
Hi Kumar,
I am currently on H4 and willing to change my status to H1. i read u r article .. while reading it i felt it resembles with my experiances…. as said in your article if i can try for full time job they will ask for work visa initially for proceeding right? will they proceed for taking interviews if i say i am currently on H4?just need an advice…
i recently found one consultancy which is saying that they will do H1B based on my experiance in India. and they are asking like 860$ as security deposit.. how can i know that the company is reliable or not?
thanks
Vijaya
Vijaya, Well, it depends on the company. You can just say I need H1B sponsorship, it does not matter if it is conversion or new… it costs the same and same process. This year there are plenty of visas left. Well, not trying to generalize, but there is no way to trust a company unless you know someone in the company.
Hi Vijaya,
Even i am trying to move from H4 to H1B visa can u please post the consultancy details who are offering u H1B…May be that would be helpful to me….
Thanks Vijaya
Regards
Swetha
hi
can you provide some list of good consulting companies for data warehousing ?
Unfortunately, I do not recommend anyone Deepti!
Hi,
I was wondering about one thing. I know in H1b one can be in US for 6 years. Before my H1B I was in H4 status for two years. would these two years be considered in the 6 years of stay?
Thanks..
No. H4 stay does not count. Only stay on H1B and L1 counts.
I am on H1 visa and working in the US. My wife resigned her position as a school principal in our country to join me here a few months ago on H4 visa. I never knew until she arrived here that she would not be allowed to work. Now she’s got an admission for her masters degree here in the US and we want to change her visa from H4 to F1 to enable her combine some work with her studies. Please what are the short- and long-term implications of doing this?
Read this article : Advantages and Disadvantages of Studying on H4 visa
If you still have any questions, feel free to ask in Forum.
Hi Guys ,
I have read all the above replies and totally scared and confused.
I have a question ; In a month from now i am leaving to US with H4 visa. I am planning to convert H4 to H1 . Can anyone tell me generally how many months it takes for this
conversion (if i come across a good consultancy).
Thanks
Swathi.
Swati, if everything goes well and you do premium processing, you will have a decision in 15 days and you can start working from Oct 1st. If you do regular processing, it may take some time depending on the case. Ideally, you can get a decision by 2 months. Do not just panic. You will be fine !
Hi Kumar ,
Thanks for your reply ; can you please tell me how much does this premium processing & regular processing costs . And for premium processing Do i need any criteria to match ?
I have 3+ years of experience in software field , and i wish to continue working so suggest me which is the best way to proceed ( premium or regular )
Thanks,
Swathi.
Read this article Swati : List of documents for H1B visa and How much does it really cost ? There is no criteria to match for premium processing, you just need to pay $1000 more. Honestly, there is no need for premium processing…people use that when they are changing employers for quicker response from USCIS. Sometimes, premium processing is used if someone is not sure if the sponsoring company is good enough and the quota is filling up fast….This year the quota is not at all problem…so, that is not an issue.
Thanks a lot Kumar ; i am a bit clear now . 🙂 Thank u once again
Welcome Swathi !
[Admin] Comment Removed as misleading people
You are propagating fraud and asking others to participate in it.
Nothing new as of now in my situation.I did all possibility ways
1) First I tried for project to change my status,I got the couple of offers and client asked SSN to generate PO,so I lost the offers(Mean while I got the 2 FT offers but my employer mislead me that am not suppose to work on Full time ,I have to work on Corp-Corp basis only) .
2) Employer asked me more money to change the status.(on condition if RFE gets he wont answer)
3) I have taken 2 months to pay money to change the status (ready to take risk if I get RFE ,I wont get money back),meanwhile got a new memorandum then the employer scared to apply h1b because it will effect to other employers who are on bench.
4) I’m again applying for Full time jobs but everyone asking what you have done last 1 and half year (when I show 1 year 6 month gap in my resume even they are not considering my profile for the interview).
5) When am asking to employers for h1B, they are ready to file but same old story ( $$ double amount+job in hand+client should not ask SSN +client ready to wait 4 weeks).
I given up everything and now am not even interested to speak with vendors (am getting calls because my resume circulated to all vendors).
If you want u can reach me on saisri306atgmail.
Thanks
Thanks Kumar, you exactly mentioned the situation. For a minute I just thought how did you get what I had in mind. I have 4 yrs of experience in SAP with Accenture and IBM, India and guess what, now sitting at home doing nothing!!! It is so very frustrating, depressing, demotivating and what not!!!!!
Day and Night just religiously applying for all relevant openings. Keeping faith in myself and God that something will work out sooner or later!! It gets harder day by day to keep up self motivation. All the best to all Ladies out there who had to let go their job to join their husbands here in the US, Country of endless opportunities!! Keep up your hope and faith!!!
Welcome Sabita ! You really have awesome experience, I can completely imagine how frustrating it can be. Do your best, keep faith and do not give up. I wish you all the best !
Thank you for the wishes. I have a quick question for you – If in case any company files my H1 and i get it approved. Is it mandatory that i go out of the country and get it stamped? Or is there any other possibilities too?
Sabita, your question is answered here : http://redbus2us.com/change-of-status-or-first-time-h1b-visa-stamping-canada-or-mexico-h4-to-h1b-f1-to-h1b-etc-go-to-home-country-for-visa-stamping/
Hi kumar your article is very informative.Can you give me some inputs on my situation
Actually i applied for H1 for 2010 Quota when she is in india and after that she got her H4 and came here to US, but unfortunately she got her H1 rejected(because of the client letter) but again we appealed the case, It has been 4 months that we appealed but still the status is under the initial Process only. In this situation can i file for a new H1(I know it is hard to find one in this situation). Do i need to cancel the current H1 and then apply for the New H1?
Vasu, it is a very hard situation… Honestly, I do not know the answer. The situation is a little complicated and I do not want to assume and give wrong information. Please check with others. But, this is what I think : just logically speaking, she never worked in US and never had a H1B status. So, there is nothing there to cancel right ? It is just a H1B petition that you have filed. I do not think you need to cancel the current H1B petition. Think of it this way, imagine some other company is interested in hiring her and applying for H1B visa. This new H1B application has nothing to do with the old one … This is just my logic and opinion and If I were you, I would seek experts advice.
Kumar,
Thanks for this input and making it simpler for people who couldn’t understand the hidden reasons behind this memorandum. Well I think there are some incorrect points in your blog like the following quote from your blog,
“Let’s say, …….. December 2011. ………until October 2011, there is another idea. You can start looking for Job in any American Companies. …… you are already there in October 2011”.
I understand what you are trying to say, but I guess you got wrong year here. I think you mean December 2010 or October 2010. When you say H1b Cap 2011 it has to end before April 2011 like H1B cap 2010 was called off or completed in Dec 2009. I am assuming some people are confused already and changing the blog a little will clear the confusions for a reader. This remark is just for not spreading wrong information. Do let me know if you think otherwise.
Khyati
(H4 Wife.)
Nice catch Khyati ! I was writing in flow and years just jumbled. You exactly got what I mean. I understand it can be confusing. I have corrected the info with proper dates. Thanks a lot !
I have my H1b approved in 2008 and I came USA on 2008 Dec on H4 visa. I have 4+ Years of experience in IT.
Could you please let me know how should I approach Full time jobs or primary vendors to explain my situation. Because the moment I said them that am looking for h1b transfer they are asking paystubs,if I say am on H4 but I have h1b approved then they could’t understand my situation and they are in impression that i am looking for new h1b.
In every full time job requirement asking “r u authorized to work in USA?” what should I answer Yes or NO.
Please share your inputs. Thanks in advance.
Sai, yours is a very tricky situation. You need pay stubs for transfer for sure. I think it is a good idea to start your H1B from scratch as a new one. What I mean is, you should look for a full time job and just ask the company to sponsor your H1B visa for 2011. With the new H1B rules for 2011, http://redbus2us.com/2010/01/flash-news-additional-requirements-for-filing-h1b-visa-petition-for-2011-usics-releases-additional-employer-employee-relations-memorandum.html it is a good idea to look for full time. Well, about answering yes or no, it depends on the company and their terms and conditions you have to agree. Because, lets say you answer Yes and the system automatically fills other forms or so, then you might be in trouble. Use your discretion and answer accordingly.
Hope it helps,
Thanks a lot for your inputs.
Could you please let me know, If I apply H1B visa for 2011 Cap then when will be my working date (because I already counted against CAP so I can apply any time when I get sponsor or I need to wait till the 2011 cap)
Thanks,
Sai
About your original question, I am assuming you have never had the status of H1B right ? I am a little unclear on the info about your case either applying new H1B or transfer…. I need to double check with some people and will update you….In the mean time, if you get any info too share it…
Yes Kumar,
When I was in India, I had filed for H1-B in 2008 through an US employer and got approved in the same year. Later I came to USA on H4 dependent visa.Due to economy I did’t do any change of status from H4 to H1 till date with my current employer.
Now I have job…another employer ready to sponsor me in April 2011.
But my questions are:
1)Do I need to wait till the month of April for filing a new H1-B because I have already had an approved one.
2)Do I need to wait till Oct 1st to work or Once it got approved I can start work.
Even I am also checking with other employers…If I get anything sure will update you.
Thanks for your time.
Sai, even I am travelling in the same boat.4 years in India TCS, got my H1B approved in 2008 but came here in Dec 2008 on h4( never on h1 status). Since then trying to get a project but no luck so far.
I am trying with another consultancy now and he is ready to do my status change and transfer to his company at the same time, once i get a project from client. He said that there is no need for new H1B filing through his company as i already have a valid petition. I am not sure if it works for 100%.
You said that you already found the job so better check with your employer if he can use your existing petition for status change and transfer at the same time.so that u can start working right away.
Please let me know if You get any info/updates reg this.
Sai,
Even I am travelling in the same boat. Worked for 4 years in TCS, India….got H1b petition approved in 2008…..but came on H4, dec 2008….thought of COS after finding a project but no luck from then…
I approached another consultancy now…and they are ready to do change of status and transfer to their company at the same time once i get a project from client. I am not sure how it works with the existing petition..but they are saying its possible…
So better check with your new employer if your current petition is of any use. If so no need of new H1B filing and u can start once COS is done.
Please let me know if you have any updates.Even I am frustrated sitting at home…
Hi Kumar, Sai,
Thanks for the info.. I am in same situation as Sai… I worked here on H1 for almost two years..then I am on H4,, If I convert from H4 to H1 (I have a offer but have to go through desi consultant) how safe it is to do conversion at this point? I have maintained my status properly(both on H4 and H1 in US) till date.. Or Can I just wait for some more time and get a job in company as I come under the non exempt cap for h1(COS from H4 to H1).. Please advice..
Manasa, It cannot really advice, it can be very tricky. I will share a recent similar experience: one of my friend’s wife was in same situation and did the same thing as you are asking, she got an RFE, but later submitted client letter and got it approved. So, it depends and luck also comes into picture.
Just wondering how this rule will impact H4-H1-H4-H1 people who is not needed to come in lottery.I am waiting to apply for H1 once I get a project.Is it a good idea to go through the same Desi consultant who sponsored my H1B visa previously.He does not have onsite client implementation.Any information on this is appreciated.
I am assuming the situation is: You were on H4 and applied H1, then again to back to H4 as things did not work out and now plan to apply for H1 after getting project. If this is the case, it is a tricky situation. Think from USCIS perspective, they would think, Why did the small desi company who did your H1 at first point could not keep you on H1 and let you go to H4 ? Again, doing H1 with them might rise questions in USCIS mind and may do complete scrutiny of company. Also, on top of that, if there are no implementations and no on site implementation USCIS will not even consider the petition, the rules for employee and employer relationship and right to control are very strict. You can read the article again for more details : http://redbus2us.com/2010/01/flash-news-additional-requirements-for-filing-h1b-visa-petition-for-2011-usics-releases-additional-employer-employee-relations-memorandum.html and also read the FAQ of USCIS, it clearly says the info http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3d015869c9326210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD
If, I were you, I would not go with the same company. It is a risky move for you as well as for the company. Hope that helps.
Thanks,Kumar for the information given by you.But just curious to know whether this rule is going to be applicable from 2011 quota and extensions.Will it affect for H1B visa application applied on 2010 and my application is going to be change of status(H4 to H1),I need not come in lottery since already had a H1.
Thanks,
Sure. Well, they do not say anything about timing. The memorandum was release on Jan 13th. It is safely assumed that it will be in effect from the day of release or at least from 2011 quota. They clearly say, these new guidelines are not changes in requirements of H1B visa, but these are additional guidelines. Because, there was no clear definition of employer-employee relationship many desi employers took advantage of it and exploited it. As USCIS got this loop hole, they just tightened the noose with more regulations and guidelines.
Thanks Onkar !
Thanks for this informative article Kumar. I know it’s hard to find H1B Visa’s this year due to the state of economy and I am trying my level best to get her into some kind of job. If you come across any reliable IT companies or consultants, please keep me posted. Indeed appreciate your help!