- 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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Hello Saurabh ,
I ll be moving to US with my husband in end of 2011. I ll b getting h4 visa . i have masters from US university on management . what are the chances of getting a job in us .
thanks
It’s always a good idea to test the water before you jump into it. You should go to US job sites like dice, monster etc to see what jobs related to your profile are posted. You can then go through the job requirements to see what matches your strengths and where you need to improve. You can also check openings on the company websites.
Thank you Saurabh .
Hi Sourabh,
Hope you are doing good and thanks alot for helping people with your valuable suggestions….
I have a situation, Iam 6+ yrs IT professional…my wife is in US on H1B from April 18 2011. I have H4 and planning to accompany her for 4-6 weeks on H4 starting 17th Aug 2011.
I have resigned with current employer and about to join in new company in India after coming back my trip from US.
I have valid H1B petition approval which is filed in 2008 cap and is valid through 26th Aug 2011, I have only receipt number but dont have copy of I797 , it is with my old employer…
Now my question is can I use this receipt number with H4 status, I have only 5 weeks of time in US and in this time is there any possibility of using my receipt number or new H1B conversion from H4?
after my US return to India I have to join in new company, if I get some employer who can file H1B for me, then I am planning to stay there for quite long time…
Pls advice…your valuable advice is highly appreciated..
Ram
hi
A new/old employer can file H-1 petition for you w/ the option of COS. You will have to submit old receipt number as proof that you have already been counted in the quota. Once it is approved w/ COS, you can start working for the new employer on H-1. Until then you will remain on H-4.
Thanks a ton Saurabh, I have some more queries:
1) How much time generally it take to convert H4 to H1 under premium processing.
2) my existing receipt is valid until Aug 26th, shall I use this for filing H1 under cap exempt case after this date?
3) H1b filed for me from company A in 2008 and I came out from company B now and about to join in company C in india after I come back from US( held offer ), but my intention is to stay back in US by going for COS to H1B from H4, could you suggest as I planned US trip for only 5 weeks, is this time enough for premium processing..
4) how is the market for ABAP positions in US now..
Ram
1. USCIS adjudicates any petition within 15 days if it is filed as premium processing. The timeline is same irrespective of whether you are in US on H-4 or L-1 or filing from India. If RFE is issued, it could delay the process.
2. A cap-exempt H-1 can be filed even after the expiration of your current petition.
3. If everything goes smoothly (i.e. no RFE) then you can get the approval within 5 weeks. However, H-1 cannot start until 1st Oct.
4. Check US job sites like dice, monster or companies that use that technology.
Hi Saurabh,
Hope your doing good.
I had couple of questions and I am looking forward to get some suggestion /answers from You.
I am in US for last 3 years on H4. My Husband works of one of Indian companies and we will be here for next 2 years. By education I am a Bcom Graduate and I completed ICAI Inter (PE 2)examinations in 2007). Now I am planning to do CPA in USA and work in Public accounting field.
1) CAn I apply for H1 with my Bcom graduate (3 years of education) and ICAI inter course (1 year).
2) Can you please provide some info if the way to get H1 is similar for accounting VS techie jobs.
2) Can I take and complete CPA exam and later on apply for jobs.
1. For H-1, one needs at least 4 years of college degree (equivalent to US Bachelors), else at least 3 years of relevant work experience for each missing year of education. Your education doesn’t look like to fit that criterion. What you can do is submit your degrees etc to an education evaluation agency. They can let you know the US equivalent of your education and that could tell you for sure if you qualify or not.
2. If you are qualified for H-1, then an employer can file H-1 for you for a job matching your skill set, and you can work on H-1.
thanks Saurabh,
Any idea about job market for CA or accounting?
No, I don’t have much idea about those fields.
Hi…
I am Archana. I came recently to US on H4 and I have 4yrs of IT work experience in India. Now am planning to apply for H1 and am not ready to relocate from the place where am currently resides. I dont want stay away to my husband 🙂
So in that condition will I find any opportunities?
What could be the procedure to get a job?
Depends upon your current location. If you are in one of those IT hot spots (NY-NJ, Chicago or SF Bay Area etc), then you have a better chance. Otherwise there may be limited opportunities.
Thanks for the reply Saurabh !!!
Hi,
I have been on H1-b from 2005-2007. I have all the pay stubs for that period. Got my H4 in 2007 once I lost my job. Since then i am on H4. Now a company”(Not a contracting company but large financial company in US) filed my H1 and advised me to start working once they received the reciept. That happened in June 2011. I started working too. But now my husband’s company wants me to leave US and come back on previous H4 so that they can file my husband’s GC. Their argument is I should not have worked before the petition getting approved. Am I not in status as I started working before the petition got approved. I have MS from one of the US universities.
They are right. You SHOULD NOT work before the H1 petition got approved, as you were on H4 before started working. You are working illegally per USCIS.
Thanks for the information. What should be the next step to take care of this ?
Your husband’s employer is right. You could have started working based on receipt only if your current status was H-1. However, your status was H-4, and you should have waited for COS approval (irrespective of whether H-1 was filed as cap-exempt or non-cap-exempt). Going out of country and re-entering on correct visa stamp is one way to correct the status. Make your employer aware about this, and take their opinion. They can upgrade your petition to premium, so that you can start working from 1st Oct (assuming no RFE is issued).
my name is moha i m morocoo i shar visa in world
Good morning sir..
I am very much impressed with ur apt answers for different questions…Sir i have few questions for u…
I completed my btech in India in the mnth of apr,2011 and i got married to h1B vissa holder who works in u.s for a reputed company..I am leaving to u.s in the mnth of september with h4 vissa..1)I want to do job in u.s?but what are the possibilities for my job??
2)can i have h1 vissa to do job or can i proceed with h4 visa?
3)If i need h1 visa,can i apply in u.s itself?if so how much does it costs??
1. Depends upon your skill set and experience.
2. Yes, you will have to find an employer willing to file H-1 for you for a job matching your skillset. Once approved, you can start working on H-1.
3. H-1 can be filed by the employer from US itself. If filed and approved w/ COS, you don’t need to get H-1 stamped in your passport and can start working on H-1 from the start date mentioned in the petition (you would still need to get it stamped when you travel out of US next). Cost would be 2-4k depending upon your employer’s org structure. Attorney fees and premium processing fees are separate. You can get the actual dollar amounts on USCIS website.
Good evening Sir…
Thanq for u r kind information…but i have still few queries for you…
1)Does any company sponser me(as a dependant)to attend an interview in u.s??
2)If not about job, can i do M.S as a dependant??
3)What will be the cost of completing M.S there??
nivi raghav…
1. H-1 always need to be filed by an employer. So you will find the employer, and they will file the H-1 for you.
2. Yes, one can study in US either on H-4 or change status to F-1 and then study.
3. Varies from school to school. Check the schools in the city you are moving to.
Hi Sourabh…
Thanks for your kind info…but I didn’t get an apt answer for the question:Can a dependant attend for an interview in U.S??I mean does U.S govt. allow me for this?
You can enter US on H-4 visa, then give interviews on H-4. Your employer can then file H-1 for you.
Thank you very much sir…Now I am satisfied for all the doubts I have…..
You are welcome. BTW, I am very less qualified to be called a Sir :). Good luck!
Hi,
I found lot of great information here. I have a quick question. I came to US by feb 2011 in H4 visa. I am working with IBM. I did not resign my job. Just I applied long leave and came to US. I would like to convert from H4 to H1(or any valid visa to work in US). I do not want to leave IBM. So is this possible for IBM to convert my H4 visa to H1(or any valid visa to work in US) else do I need to go India to apply for visa?
Thanks,
Latha
IBM can file H-1 for you for a position in US. Once approved you will be on H-1 (assuming it is filed and approved w/ COS), If COS is not approved, you will have to go out of US, get H-1 visa stamped in passport and re-enter US on that visa stamp to work on H-1.
Thank you for the great info
Hi Saurabh,
Hope you are doing good!!!
I saw all your comments sounds good reply.
In that view i am also going to get H4 visa since i recently got married and my partner in H1-B.With your previous comments i understand there is some course to do online community.
I am MBA post graduate with 3+years experience as a HR,can you let me know what kind of course is preferred or is there any related links to share
Kindly help me out
Regards,
Sweety
Hello Sweety,
I am doing fine and hope you are good as well. Sorry, I can’t suggest any online courses to you.
Hey Saurabh,
No problem,can you let me know how long it will take to convert from H4 to H1 visa.
Thanks in advance 🙂
It will be same time as any new H-1 petition. At the moment it takes 2-6 months, or may take just 15 days (if filed w/ premium processing). In case of an RFE, it could be further delayed.
Ok Saurabh,
Thank you 🙂
hi sourabh,
my issue is
1.currently i m on f1 status
2.MY h4 is approved but will be activated on 1st october 2011.
3. but now i m having a training and soon i will find a job…..m i eligible to get a cpt now…?
You will have to check w/ your school if the CPT can be issued. Usually it can be issued if the job is related to your coursework and is part time. However, once your H-4 kicks in, you will no longer be on F-1, and will have to stop working on CPT.
You can avoid going on to H-4, by travelling outside of US, and re-entering on F-1 visa stamp. This would put you in F-1 and not H-4, and you can continue to work on CPT. If desired, you can again file COS from F-1 to H-4 to go to H-4.
hi sourabh,
thanx for reply…..i had one more question…..what will be the consequences if i apply for h1b visa through desi consultancy by september end??????????
I am not sure what you mean by consequences. If your H-1 petition is filed w/ genuine documents for a genuine company for a genuine job, then it will be approved. If filed and approved w/ COS, you will be on H-1 from the approval date. If denied, you will continue to be in on your current status.
Hi, I came to USA in 2006 on F1 visa. Finished my masters and worked on OPT till may 2011. My prospective employer at that time filed H1 petition and it got denied. I went to India in between, got married and came to US on h4 recently. Can i apply for H1 from H4 visa. What will be the best chances of approval. Should i apply it under masters Quota? Or is it better to convert from H4-f1 again and have H1 petition filed to be on safe side. Appreciate your response.
H-1 can be applied by the employer even if your current status is H-4. You would be eligible for Masters quota based on your Masters degree in US.
Chances of approval depend upon:
– whether you maintained legal status in US (while on F-1 and on H-4)
– your employer’s credentials
– proposed job offer
You should file F-1 only if you plan to study in US. F-1 is not for employment but for studies.
hi
my husband recently gone to US in H1B .I want to join with him throu H1B .We two are working for same company. My company can initiate my H1B visa please tell me how long it will take to get the visa …….if my visa got initiated witihn one week..
also if I travel through H4 visa as dependant whether I can apply for H1B immedaitely or do i need to wait for some time if so tell me the time period…
The process can take as less as 1 month (filed w/ premium processing and no issues/queries raised during petition processing and visa stamping) or as long as 1 year (queries/issues raised during processing and stamping). If filed w/o premium processing and assuming no queries are raised during processing and stamping, it can take somewhere around 3-6 months.
It should be ok to file immediately, but some people would prefer to wait for at least 30 days before filing.
many thanks for ur swift reponse & it is very much informative…
I have one more query…
after getting my H4 visa and without travelling to US with H4 whether I can apply for H1B in India……
Yes, you can do that.
Hi Saurabh.
I have spent some time since morning to go through all your suggestions for
various questions.It has indeed helped me to understand US visa process. Really, Thanks for that.
I would like to seek you advice on my situation as below.
My fiancee is currently in US on OPT Visa, But her employer has also sponsored H1-B for here, which is valid until 2013.I have been working in UK from past few years and now looking to move to US to explore Opprtunity there(After Marriage), currently thinking on H4 dependent Visa.Now, based on this, I have following questions.
1) Do we need to request her employer to sponsor my H4 or is it something we have to do on our own?
2) As she has H1-B COS, after our marriage in India, can she apply for my H4 visa along with her stamping process, if yes, what are the dcouments I need and how long does it to get ?
3) I believe if i apply for H1B as well, via my Company and if I get approval now. I can skip the waiting period for quota Window until april next year and can start work with new employer (H1 transfer + COS) , Am I correct in my understanding?
Appreciate your advice.
Thanks.
Ali
1. I don’t remember exactly, but that information doesn’t need to filed by the employer.
2. You will have to for H-4 stamping after your marriage by carrying relevant documents. Remember, you cannot join her on H-4, until her H-1 COS gets approved and start date has passed. I don’t know what’s the requested start date on her H-1.
3. In your case, COS is not applicable as you will be filing from outside US. Only when filing from within US, is COS applicable. Your employer will file the H-1, once approved you will go for stamping and then travel to US. You will have to see if you guys’ work location will be same city or different. Process may take 2-6 months.
Let me know if you have any other questions.
Thanks Saurabh.
hi saurabh
Your suggestions are very informative and up to the point. I want some inputs for my situation:
I came USA in may 2011 on h4.i hold Becholar degree in B.com and have experience in family home furnishing business.my husband is working in a reputed software company and the company has sponsored the gc in april 2010.His H1 (and so my H4 also) visa is valid up to augs 2012. My questions are:
I belongs to busniess class family back india and have every knowledge of business and now i plannning to start import home furnishing products from india to USA and want to open one office here.so plz let me know which visa i need for this by which i can do everything legally and what is the processor of getting that visa.
to whom i should consulate .to get full information on my situation.
I don’t know of any visa that allows you to do that sort of business legally. B, F, H and L visas definitely do not allow that. You should consult an experienced immigration lawyer before proceeding.
Good luck!
Hi,
At present I am in H4. Can two of the companies sponsor H1B for me at the same time? These are academic H1B (does not have quota).
Another question is how long does it take nowadays to transfer to H1B from H4? In general and premium processing both?
Thanks a lot. I really appreciate your effort.
Arundhati
Yes, multiple employers can file H-1 for you. Processing time varies from 15 days (premium processing) to up to 6 months (normal processing). In case USCIS issues an RFE, process can be further delayed.
Hi Saurabh & Team,
You have been doing a great job in answering all our queries..
I have few..Please share your advice.
1. I got L1B rejected from chennai few weeks back. But my wife has H1B stamped. I am now planning to go for H4 stamping as dependant. My query is, will VO see my earlier rejection of L1b and will raise doubts on H4? I am currently working, so do I have to quit my current company to apply for H4?
2. Once I get H4, we are will be moving to US and planning to work out on H4-H1 conversion. From your previous posts, I understand that it is possible but risky. I am having 6 years of experience in IT. So do you think I have some fair chance of getting a sponsor?
3. Please also share any sponsors details you have….
Thanks again.
1. If he asks about L-1 rejection, then you need to be truthful about it. Besides, I think it needs to be mentioned in DS form as well. Rejection of L-1 will not impact H-4 unless L-1 was rejected because of fraud and/or false material representation on your part. You don’t need to quit for H-4 stamping. However, once you are in US on H-4, you will have to quit and can no longer work for any employer.
2. Risk level depends upon the H-1 sponsoring employer. If you find a shady employer for your H-1, then that is risky. However, a genuine employer w/ genuine job for you should be fine.
3. I don’t know any, so I can’t recommend any.
Hi…
I have finished my bachelors(Science stream) in 2010 in India and later went on to pursue a certified software course(SAS),but have no relevant work experience.I am getting married this November and intend to come to the U.S with my husband who is a H1b holder,but i am in a dilemma as..
1.Is there a possibility that i apply for H1 in april 2012,that is find a employer who can sponsor my H1?? I am actually confused regarding this H1 quota and all ,as to when exactly can i start applying for the H1?? Is it that the H1 quota opens every year in april and when does it exactly get exhausted??
2. I will most probably coming to the U.S in december,can i file my H1 immediately or shall i have to wait till april 2012??
3.Have the applications for H1 2012 quota already begun?? What exactly are my chances??
4.What if i opt for a local community college or the state-funded schools when on a H4 do some course and later on find someone who can sponsor my H1??How far are the community colleges recognised,for an employer to sponsor my H1??
5.I have taken my GRE and TOEFL respectively,if i go for an F1 stamping(instead of a H4) in India itself after getting my I-20 from the U.S colleges for Jan 2012(the spring session begins in Jan),but my concern is that after me getting hitched is it still possible to come to the U.S on a F1?? I am worried that my F1 maybe rejected(even though i dont reveal my marital status).
6.My would-be has not applied for a green card yet,he intends to do so next year.Should i wait for an EAD so that i can start working?? How long will the processing for an EAD take??
What is the best choice i can make as of now?? Please guide me to the best way possible!!
Thank you:)
1. H-1 fiscal year starts in Oct of every year. A petition can be filed maximum 6 months in advance, which makes it Apr every year. If your H-1 is filed next year in Apr, then it will be in FY-13, and earliest start date of working is 1st Oct 2012. The quota gets exhausted on different dates every year. It happens as soon as USCIS receives 65K petitions for general quota and 20K petitions for advanced degree quota.
2. If FY-12 quota is still open in December, then it can be filed in Dec 2011 as well. Otherwise you will have to wait for Apr 2012 for FY-13 quota. At current filing rate, FY-12 quota is assumed to get exhuasted by early next year or so. You can follow the weekly counts on USCIS site or here on the blog.
3. Yes, FY-12 has already begun. Success depends upon your profile, your employer and proposed job.
4. If it’s an accrediated school then it is recognized. As you have no work experience, it may be better to have a US degree first and then look for employment in US. Otherwise it may be really tough to find employers and projects in US as a fresher.
5. If you go for F-1 stamping prior to your marriage, then why will the VO know about your marriage? Besides, you can enter US on H-4 and enroll in the college on H-4. Later within a quater/semester you can file COS from H-4 to F-1 and start studying on F-1. You don’t need to get F-1 visa stamped in that case until you travel outside of US next.
6. If his GC would be applied in EB-1 category, then EAD may arrive within few months. If he is applying in any other employment based category, then it may take years before EAD arrives. Do not rely on EAD solely if he is applying in EB-2 or EB-3 categories.
As you have done certification in SAS, I assume you are targetting industries in finance, pharmaceutical, biotechnology etc. These industries are not located in each and every city. So dependin upon where you will be located after marriage, you may have to see what employment opportunities you have. I may be able to provide more info, if you can let me know where you will be located in US.
Thank you so much!!
Yeah..i have done my Bachelors in Pharmacy,so most precisely i am looking out for a job in a Pharmaceutical Industry.Presently my fiancee stays in Texas but he has certain options lined up,so i am not sure where exactly i will be located.I have a question..
Is it possible that i get a job on SAS? Do i need to have any experience? Is this course in demand there(which cities to be more specific)? What are my job prospects and how do i go about the whole thing?
There are people who are working on SAS. However, lot of people go for either Base or Advanced certification. In case you decide to take SAS as your career option, you may want to get certified.
There are 2 major category of companies that require SAS professionals – pharmaceutical companies and financial companies. Traditional drug companies are located mainly in New Jersey, while biotech ones are located in San Francisco Bay Area. Most of the financial companies are also on the east coast, while some are also located on the west coast (Wells Fargo, Charles Schwab, HSBC, Visa). There are some technology companies as well that use SAS professionals (like eBay) that are located on the west coast. So they are scattered along both east and west coast.
Hi,
I m Tanu,here m also on H4b visa and having same education background have you got H1b sponsor here ????
Hi ,
i applied for H1B in 2011, so when can i expect the copleation process and stamping dates
You can see the current processing times for your processing center on USCIS website. Typically it can take anything b/w 2-6 months. You can go for stamping after that (up to 90 days prior to H-1 start date).
Hi Saurabh/ Kumar,
Your suggestions are very informative and up to the point. I want some inputs for my situation:
I came USA in Feb 2011 on H4. I hold Masters degree in E-Business and have 4 years of Managerial experience in IT Education institute in India. My husband is working in a reputed IT company and the company has sponsored the GC in March 2010. His H1 (and so my H4 also) visa is valid up to Sep 2012. My questions are:
1). Am I eligible for H1? and do the companies at US sponsor H1 for the kind of profile & experience I have?
2). I have heard a lot about consultancies who can help converting to H1 status. But are they really reliable? How can we know their reliability?
3). My husband says me to study further by doing Masters in Information Technology field (this way, I will have to change my field) and to apply for H1 afterwards as the degree earned at US are more valuable. Shall I go for this option or it would be better to get trained through any consultancy and go for H1?
Thanks in advance..
Hi Pinky
Hope you are doing great
As per our discussion with you and regarding h1b visa here are the points we have mentioned below go through them and discuss with your lawyers and friends regarding this and get back to us
1)yes we file your h1b directly but there are chances of 50-50 percent it would be totally on IMS it might get approved or rejected also .
2)you can join online community college for a course by paying only one semester fee that’s 2450 $ and once you join online community college they will approve you with f1 cpt status (curriculum optional training ) you are legally eligible to work in united states of America one you get f1 status we would provide you with fake cpt letter which will help you get change of visa status from f1cpt to f1 opt status
3) once you get f1 opt status you would be eligible to work on full time projects once you get f1 opt status we can file your H1b visa directly without charging anything from the total H1b visa cost would be bared by the consultancy persons only you can get full time projects for at least 2 years projects and so on
4) if you want to get here H1b visa direct from a consultancy then the fee for H1b visa would be 3000$ to 4000$ if it get rejected the fee want be refunded back to you at all
you can always reach us
my direct number is 214-227-7560
1. Based on your education and experience you seem to be eligible. However, you may still need to get your education evaluated by an educational evaluation agency in US to ensure you have at least equivalent of US Bachelors.
2. There are lots of consulting companies who file H-1 for people, but most of them are not credible. When going this route, you need to ensure you file only through a credible company.
3. Search for relevant job openings on sites like dice, monster etc. If you don’t see many openings that suit your profile, then may be that’s not in demand. It may be a good idea to do Masters (always a plus), gain some experience on CPT/OPT and then have H-1 filed through a regular company and not some consulting company.
Thanks Saurabh,
What about if he is here on F2 Visa ? Can he still file for his H1B and start work independent of my OPT status ?
That is correct. Even when he is on F-2, his employer can file his H-1 w/ COS (from F-2 to H-1) and he can start working based on petition and COS approval.
Hello,
If my spouse comes to the US on a H4 in march 2012, and once he is here if he has a company ready for him to file his H1B, can he make an immediate conversion from H4 to H1B ? or is there a law that one has to be on a H4 status for atleast 6months or even a year before he can convert to a H1 ?
I am completely tensed. I’d be glad if anyone could help me out with this as I havent found any information regarding this anywhere on the internet.
Thanks
Your husband’s employer can file for his H-1 soon after he lands in US. He can start working on H-1 once his H-1 is approved (assuming it has been filed and approved w/ COS).
As you will be travelling in Mar 2012, it is possible FY-12 quota is over by then. If that happens then your husband’s petition would be filed in FY-13 which has earliest start date of Oct 1 2012.
Hi Kumar and Suurabh,
I had a question regarding a petition notice that has I-797B written on the top right side and the petition is without an I-94. Since I am currently in US on H4 but got the above mentioned petition notice last year, can I start working? Or are there any other processes involved.
Thanking you in anticipation.
Kimsee
No, you cannot as your H-1 was approved w/o COS. You need to apply for COS from H-4 to H-1 in order to start working on H-1. The other option is to go out of country, get H-1 stamped and then enter US on H-1 to work on that visa.
Out of country means any other country except US – it can be Canada or Mexico and not necessarily India? Please confirm. Thanks
You can get it stamped from MX or CA itself, however as you didn’t go Masters in US, those consulates have the option of saying no to you. If you plan to go to consulate in either of those 2 countries, it’s best to call them and ask them about it informing them that you are a TCN (third country national).
A new H-1 stamping in CA/MX is recommended only if one has done his post graduation in US.
Okay thanks that was really very informative… Can you tell me how long does it take for COS under normal processing and if I get it done under premium processing. Also, how much does it cost in both the processings?
PP option is not available for COS unless it is accompanied w/ H-1 transfer or H-1 extension (in which case it would take 15 days). Under normal processing, it may take around 2 months or so. In either case, if RFE is issued then processing can be further delayed.
COS cost is around 300 bucks. I haven’t checked the fees off late, so you can check that on USCIS website.
Hello Sir,
I asked below question a week before but no one get back to me please answer my question as early as possible.
I came this Country on 2009 Jan, as H4 Visa and on 2010 I was selected one small scale company as a Systems analyst and my company Spenser H1B for me and my H1B approved on October 1st 2010 and I am working till date but the bad market condition our Company business is not so good so board of directors and all decided to lay off new employees so tomorrow is the last day for me now i would like to change my status to H4 on my Passport visa its still H4 becoz i didn’t change my visa and my H4 visa is valid till 2012 so now what i suppose to do .
Do i need to go India and get stamp done on my visa if so when i can go can i go within 2 or 3 days of quitting my job or do i need to leave the country immediately please advise me i don’t have enough time.
I did reply to your previous post. Copy-pasting it here again:
You need to file COS from H-1 to H-4. You would need to submit bunch of documents along w/ it including:
– your current H-1 details (797)
– proof that you have been maintaining legal status (recent H-1 paychecks and W-2s)
– your spouse’s H-1 details (797)
– proof that you will be able to maintain legal status after COS (recent H-1 paychecks of your husband, employer information, project/client information etc)
Based on your pending COS, you can continue to stay in US. However, if your COS gets denied, then you will have to leave US immediately or file COS to another visa status (like H-1, F-1 etc).
Visa stamp in passport doesn’t come into picture unless you travel outside US and want to re-enter US. In that case, you would need an unexpired visa stamp (H-1 or H-4 depending upon what status you want to enter on) to get back into the country.
Hi
I am planning to process my h1 for 2011,Currently i am in h4 status.My spouse who is in h1 has validity till 2012 dec.He just initiated his green card processing.my question is
I was not working for 3 yrs,will that be a problem for processing new h1?
my husband has only 1 yr left in h1,so how many years i will get if my new h1 approves?
It will not be a problem for the H-1 processing. However, you will have to convince potential employers and clients that you are still in touch w/ the technology and haven’t got rusted by the 3 year break.
Your total time on H-1 would be 6 years. You may get an initial approval of 1-3 years depending upon what employer requests and what project duration is submitted. Later, it can be extended for up to 6 years.
Hello Sir,
I came this Country on 2009 Jan, as H4 Visa and on 2010 I was selected one small scale company as a Systems analyst and my company Spenser H1B for me and my H1B approved on October 1st 2010 and I am working till date but the bad market condition our Company business is not so good so board of directors and all decided to lay off new employees so tomorrow is the last day for me now i would like to change my status to H4 on my Passport visa its still H4 becoz i didn’t change my visa and my H4 visa is valid till 2012 so now what i suppose to do .
Do i need to go India and get stamp done on my visa if so when i can go can i go within 2 or 3 days of quitting my job or do i need to leave the country immediately please advise me i don’t have enough time.
Thank you
swathi
Hey Swathi,
I am not the moderator but i have a question for you? What was your study or field? I mean were you in SA field from beginning OR you did study in let say Medical and then after coming here in USA on H4, you changed you field?
The reason i am asking you is because my wife did her M.S. in BioTech in India and she is looking for job in any other field because Jacksonville doesnt have many companies in BioTech field..
Appreciate your help.
Hey JD,
From the beginning I m into SA and I have more than 3 years work ex as SA.
Cool.. Well, good luck with your situation.. Hope everything goes well 🙂
Hey JD i am also looking for some consultants to file a H1 for biotech professional . Please let me know if you get to know any .
You need to file COS from H-1 to H-4. You would need to submit bunch of documents along w/ it including:
– your current H-1 details (797)
– proof that you have been maintaining legal status (recent H-1 paychecks and W-2s)
– your spouse’s H-1 details (797)
– proof that you will be able to maintain legal status after COS (recent H-1 paychecks of your husband, employer information, project/client information etc)
Based on your pending COS, you can continue to stay in US. However, if your COS gets denied, then you will have to leave US immediately or file COS to another visa status (like H-1, F-1 etc).
Visa stamp in passport doesn’t come into picture unless you travel outside US and want to re-enter US. In that case, you would need an unexpired visa stamp (H-1 or H-4 depending upon what status you want to enter on) to get back into the country.
Since you changed the status and worked on H1, your H4 is no longer valid. You’ll need to apply for change of status (COS) with USCIS for visa status change from H1 to H4. It takes about 2-3 months, but as long as you’ve applied for COS, you should be okay! No need to leave the country.
The best part about H1 is that you can use the time left on your H1 later, in case, you manage to find job. You won’t need to apply for another new H1 visa.
I came to US last month on H4. I hold a Masters in Biotechnology and a work experience of 2 years in Administrative sector ( I do not have any work experience in Biotech companies or something related). Few days back I attended an interview at Rite Aid Pharmacy and they say they find me to be a right fit for the position of a store Manager. But they have never done a H1b so far . I have the following questions:
1. Am I eligible to apply for a H1B for this position?
2. If I am eligible to apply,what would be the procedure to convert from H4 to HIB and what would be the approximate time frame?
3. What are the documents that Rite Aid has to provide to support my case?
I would be glad if someone can help me with my questions..
From the title it doesn’t seem to be H-1 eligible. One doesn’t need 4 year college degree to be a store manager, which is a must for any H-1 position.
If you had been eligible, the process would have involved filing H-1 petition along w/ COS, and then working on H-1 from the approval date.
Hi Saurabh
As discussed earlier, I am on H4 visa in US , and wondering now if could get any job assurance here in IT Recruitment profile after applying here for H1. As till know I haven’t recieved any call from any employer for visa transition rather got few opportunitiess for my profile.
So, I have few queries- Can someone guide me with good consultants number for H1 application to be filed and then how will it be linked to the employer specific Visa and will help me in job search.
My another query is that if later on my location changes/ I’ll have to leave the job then what will be my visa status.
Your suggestion will be really appreciable.
Sheryl
I don’t know any company that I recommend to you.
If you find another employer at the new location, you can do H-1 transfer; else you can file for COS from H-1 to H-4.
Thanks Saurabh
Where can I get the list for Visa Sponsors/Consultants and their contact details.
Check out job sites like dice, monster etc. You can find several companies willing to sponsor H-1 over there. However, be very careful and do good background check of the company because not all that shines is gold.
Hi,
Please guide me…
I’m on H4 visa and want to convert from H4 to H1B visa. I don’t have work experience but just a month ago I have completed MS in Applied computing and Information Technology(my interest areas are Java, J2EE etc) from UK and prior to that I have done MBA in IT and Marketing from India. As you can see I have very good academic background but no work experience. So my question is am I eligible to apply for H4 to H1B visa? Waiting for your reply….
Regards,
Sneha
To be eligible for H-1, you need to have 16 years of education or at least 3 years of work experience for each missing year of education. From your post it seems you have relevant education.
As you don’t have any work experience, it may be difficult for you to find projects on H-1 (assuming your employer is a consulting company). This is something you need to factor in when zeroing down on your employer.
Hi Saurabh ..can a person with MS in biotech field file a H1b in IT field with relevant experience in programming (about 1 yr )
Legally, you can. However USCIS may question the relevance of your education/experience to H-1 job offer.
You can also search on CROs (clinical research organizations), as they hire people on H-1 to provide consulting services to biotech companies.
saurabh ..thanks for your reply ..i have one more question …do we have any consulting companies who do H1 in CRO .And do we have any companies in the eastcoast for this . Please suggest .
I know there are consulting companies that do H-1 in CRO; however I don’t know any of them or where to look for them. East coast is the pharma hub, so there should be few available out there.
Hello
I applied COS H1b to H4 2 weeks back and now I wanted to go India.
my H4 validity is till in 2012 and i didn’t change my visa as H1B it still H4, B’coz I got my H1B last year only.
Could you please suggest me is this possible that i can travel India without getting COS.
Awaiting for you response.
You can travel to US anytime you want. Your COS will be abandoned as you leave US as the I-94 record will be closed.
To return back to US on H-4, you would need all H-4 related documents including an unexpired H-4 visa stamp, spouse’s recent salary slips, copy of spouse’s H-1 petition etc.
Thank you
Hello Sir,
I came to US on Jan 2009 on H4 and i searched for job and i got job on sep 2010 and my employer sponsored H1B for me and i got approval on Oct1 2010 and then i started work full time now our company is in loss and my employer wants to fire newly joined employees like me they r 5 other members, and i have all the pay stubs.
So now i wanted to fall back on H4.
1.Do i need to contact Attorney for filling COS or can do my self .
2.How much time it will take exactly.(Because i wanted to go to India to see my dad he had a major surgery last month)
3.when is the best time to quit my current job and apply for the COS.
Kindly suggest its really urgent for me.
1. No, you can file it by yourself.
2. COS would take 2-3 months to process. However, you can leave the country in b/w. When returning back you can use your H-4 visa stamp and be on H-4 in US. If your H-4 visa stamp has expired, then you would need to get it stamped from India. The other option is to not file for COS, and leave for India as soon as you end your relationship w/ your employer.
3. There is nothing like best time. You need to file COS or leave US as soon as your employer fires you, or you leave them. Until then you need to keep getting paid.
Ensure that you have all payslips and W2s for your work tenure on H-1. It will be required if you go for H-1 transfer, H-4 to H-1 COS etc in future.
Dear Mr. Saurabh,
Thank you very much for your prompt response.
You have answered most of my questions, but I have a question with regard to my paystubs.
Since the very begining till now, I have all the paystubs except for one month in April. I was not feeling well and I took leave and for that month, I was not paid.
Below are my questions:
1. How many paystubs are to be submitted with the COS application?
2. As I get paid bi-weekly, I have the last two paystubs (month of May), two missing paystubs for the month of April and have all the other paystubs. In this case, because of those two paystubs missing, would INS trigger a RFE?
3. Should I have to submit any letter from my employer that I was on leave for that period?
4. Could you please suggest a way around this so that my case will not trigger any RFE?
Today is my last day with my employer and I would like to get all the related documents form him. And your advice would greatly help me.
Anticipating a favorable response.
1. Generally, it’s good to submit 3 payslips.
2. You can file for COS as soon as you have 3 recent payslips. There is high probability that USCIS won’t ask for any previous payslips. If you have to file COS before you can have those 3 payslips, then you can submit a letter explaining why there are missing payslips in b/w and submit pasylips from March as proof that you maintained legal status before and after that 1 month break.
3. That would also work. You should also submit payslips from the months prior and after that break to show you maintained legal status all other times.
4. Refer to points 2 and 3.
It is normal for people to take 3-4 weeks break while working on US for vacation, medical purpose etc. As you have payslips from March and May, I think you should still be fine. You can submit the letter of absence and medical reports (if any) to explain your 1 month break to USCIS.
Good luck!
Hi,
I got married last year ,31stdec 2010 and i am on H4 visa. My majors are MBA-Human resources.Since the time i have come US i am searching for a job/employer who is ready for H1-B sponsorahip.But alas!!! No luck..
My query is are there any consultants who can help out ?? As per the rule change only employers can file for visa.But can consultants help finding for an employer.Looking out for someone who deals with it…
Hope my question is relevant enough to ask.
Thanks
Best regards..
H-1 has always been filed through employers. In US, the terminology is different.
Consulting companies aka vendors: These are small to medium to big consulting companies that provide IT services to clients like MSFT, AAPL etc by placing their employees at client site. These include companies like TCS, Infy and all desi consulting companies. This is what you are referring to consultant in your query.
Consultant: This is an employee of the consulting company who is placed at the client side to provide services. This would be an employee of TCS, Infy or desi consulting company.
You can have your H-1 filed either through consulting company or through a non-consulting company. In either way, the company needs to show that they have resources to pay you on H1. You can find consulting companies in abundance on job sites like dice, monster etc but you need to vet them as many of them are in the game to make quick money, and you can hamper your legal status in US w/ them. Get in touch with your friends/network who are already working in US w/ such companies and they can provide your accurate honest feedback.
Hi – I am getting married in July to a H1B visa holder and am planning to go to US immediately after marriage on a H4 Visa. As u mentioned in ur post – I am also a working women with 4 yrs of Banking & IT Experience however my company cannot sponsor my H1B coz I recently changed my company and have not worked with this new company for even 6 months. So I am quitting and going on H4 Visa. As many others – we have planned that after I go to US – i can apply for jobs in his company (as its Banking IT firm) and my experience can get me a job easily. My query is regarding the procedure of conversion from H4 tp H1B, the timelines and if there are specific months in a year when we should file the petition or should have a sponsorship ready. I don’t want to miss any time as we have our Financial Responsibilities too. Could you please elaborate as to by when shall I start applying for job, etc to get my H1B at the earliest and do I need to travel back to India for the H1B Conversion. I am assuming that I will get my H4 immediately after the marriage.
You can start your search for potential employers right now. It takes a while to find the right employer and the earlier you start more time you have in hand. Once you find the right employer, they can file H-1 for you along w/ COS (change of status from H4 to H1 so that you can start working in US on H-1 w/o needing to go out of country and get H-1 stamped).
The petition can be filed anytime while the quota is open, but you cannot start working until 1st Oct or actual COS approval date (whichever is later). The quota is still open at the moment, and the projection is to get exhausted by end of this year.
Thanks for sharing much needed info.
I have a valid H4 visa and looking for COS to H1B. Assume that I got my COS changes in US itself and after 1 month I need to travel back to Home Country for few weeks. Now when returning back to US, do I have to do any extra formality (like stamping from US embassy) . Please let me know what are the chances of getting successful stamping.
Here are the different scenarios (assuming COS is approved w/ start date as 1st Oct):
– Travel prior to COS approval => COS abandoned. Need to return on old visa stamp
– Travel after COS approval and return prior to 1st Oct => COS remains approved. Need return on old visa stamp, but will move to new status on 1st Oct
– Travel after COS approval and return after 1st Oct => COS remains approved. If returned on old visa stamp, you will continue to remain on old visa status (COS doesn’t kick in). If returned on new visa stamp, you will be on new visa status.
Hi Saurabh,
You guys are really doing a great job… Congratulations & keep up the spirit…
here is my situation….ours is a love marriage and my husband is in US…Since both of our parents didnt agree for our wedding, we got register marriage & they even dont know that we got married…Now Since my parents are thinking of getting my younger sister married off, its not possibloe for me to be in home when my younger sister is getting married and they have already informed me not to attend the wedding. Bcoz of this i dont want to be here in india when my sister is getting married, thats y I have decided go to US.
Even if i go to US, I would tel my parents that am going on official work…so I definitely need some means to work and not financially depend on my hubby as I need to support my family & he has to support his family as we used to support before our wedding….
i will b travelling to US in July with H4 to join my hubby by applying 6 months leave in my company. H4 interview is scheduled on May 3rd.
Kindly let me know if my company can sponser me L1 to work in US region, can I get my L1 visa processed in US its self or should I come back to India again and get the visa processed…..
Kindly requesting you to help me letting know what would be the procedure. Plzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz help me….
if you get H4 visa, then once you move to US , find one good company who can process H1B for you,that is good option.
all the very best,,,
Thank You for your wishes…
Your current employer can apply for L-1 for you provided you are qualified i.e.
– have worked for the employer for at least 1 year outside US in past 3 years
– employer has a job for you that requires knowledge of specialized knowledge of tools and applications used by the employer
If not, then H-4 is the option. Or you can find an employer who is will to file H-1 for you.
Thanks a lot for your response…
I have 5 years of exp with the same company… Can you please let know whether if my company sponsor me L1 visa in US when am on H4, should I come back to India & get the stamping done. or is it possible to get the conversion from H4 to L1 in US itself?
Legally yes. However, lot of companies do not apply for L-1 w/ COS from H-4. They would ask you to go back to India and apply for L-1 from there. To know whether your employer will file L-1 w/ COS from US, you should ask them.
Thank you so much Saurabh 🙂
HI this is kishore having 3+years of experience in mainframes
currently working in Capgemini.This year i am looking to apply for 2012 h1b visa
but my company won’t process h1b visas.So i am looking for h1b consultants in india(hyderabad,bangloure).So could any one please suggest me for good consultants in this case.Really i am in confussion y because 2012 h1b visa program already started is it!!! waitng for precious replys….
Thanks and regard
kamakishore
Kishore, We do not really recommend anyone. You need to know someone in the company in order to trust and proceed… Try talking to your friends..
Hi Sourabh,
This is Ram. Recently my wife traveled US on her H1B visa and now iam attending for H4 visa interview next week..i have H1B approved petition from my previous employer and valid till aug 2011 and am no more working with that employer. Now my question, how can i make use of my H1B approved petition to convert H4 to H1B ..will my previous employer agree for transfer of my h1b approved petition? Pls advise..
You have few options here:
– Apply for H-4 to H-1 COS and work for the same employer. Your employer needs to agree to it though.
– Apply for H-4 to H-1 COS and also H-1 transfer to a new employer. You don’t need to get any approval from current employer but you need to find a new employer who is willing to file H-1 for you
– Apply for H-4 to H-1 COS and a brand new H-1. As the quota is still open, this is similar to above option, and may come in handy if you have no proof to show that you have already been counted in the past.
After H4 COS to H1, do we have to go back to our country for stamping b4 we start working?
If COS is approved, then you don’t need to go to home country for stamping. Instead you need to start working immediately from the approval date.
Me and my wife went to Delhi consulate for VISA stamping. They approved my wife’s visa H1 stamping and I got the 221g Green form for H1 visa. After waiting for 3 months, I asked embassy to withdraw my H1 case and applied for H4 visa and got approved same day.
Now back in US on H4 and looking for job and found a new consulting (big) company and they started my H4 to H1 process.
Quest – When to apply for COS — after H1 approval or now ????
My wife – full time employee
Me – IT consultant
The employer can file for COS along w/ H1 petition, or they can file after the approval of the actual petition. Depends how soon you plan to start working on H-1. If you want to start working earlier, then filing it along w/ H-1 petition is recommended.
Hi,
I got H1 aprooval in 2007 from a desi company.But I came USA on H4. after coming ,I filed for COS and the application is denied by USCIS due to no PO order.I left USA in 2009. Later I came to USA in 2010 and staying till now. The validity of I94 is only from 2007 to 2010 September. Now my question is :
1. If I want to work, can I use the H1 approval papers now?
2. What are my options?
3. My husband on H1-B joined with a genuine good company who promised to file for GC.If we start GC process, when would I get eligibility to work ….I hear some stuff about EAD, labor clearance.
I am thinking that even if we pay up and apply for my H1-B, by the time I get job and get to work, EAD would come through GC process. Am I making sense? 🙂
Thanks,
Sri
What’s your current status in US – H-4? You mentioned your I-94 is valid until Sep 2010. That has already passed. If your extension wasn’t filed and your current I-94 (the one you received at the airport during your last entry to US) has expired, then you are already out of status.
1. You need to find an employer who can file H-1 for you. They can file it w/ COS and once approved you need to start working for the new employer. But this is dependent on whether you maintained legal status in US or not.
2. See above
3. You can start working once your husband gets the EAD. However, w/ current backlogs you will not get the EAD for another 5-6 years (if GC is filed under EB2) or 10+ years (if GC is filed under EB3), unless dates become current and allows for I-485 filing.
Hi,
I got H1 approval in 2007 from a desi company.But I came USA on H4. after coming ,I filed for COS and the application is denied by USCIS due to no PO order.I left USA in 2009 with my family. Later I came to USA in 2010 and staying till now. The validity of I797 ( my H1 approval papers validity )is only from 2007 to 2010 September. Now my question is :
1. If I want to work, can I use the H1 approval which is expired now?
2. What are my options to start working in USA?
3.As I have not used the H1 at all , if I get job ,can I file for extension with those expired approval papers?
Thanks,
Sri
There are two things that need to be filed:
– An extension: either through the same employer or a new employer
– COS: along w/ above extension petition, so that you can start working in US on H-1 from the approval date. If this is not filed, then you will have to get H-1 stamped from outside US in order to work on H-1.
Hi Saurabh,
Sorry to bother you again.
My H1 was filed in 2007 and the I797B says that ” Valid from 10/1/2007 to 08/31/2010 ” . I was with impression that I can not work with this approval papers as the validity date is over and have to apply for new one this year which is really very difficult.
Can I still use this EXPIRED H1B APPROVAL?
Please let me know clearly.
Thanks,
Sri.
No. You can not work or stay with expired H1B visa/I-94 or any expired documentation for that matter. If you are still staying in the US now, you are accumulating unlawful presence in the US and this will hurt you big time for later immigration benefits.
You can file for extension or new H1B or any other type of Visa but I’m not sure how you can prove your legal status since Sept 2010. Plus, were you working full time on H1B all the time? If not, you may have been out of status long before that.
I mentioned that I entered as H4 and did not use the H1 approval papers from 2007 due to family constraints.
I was checking if I can work with the expired H1 I797B.(H1 approval says –> Valid from 10/1/2007 to 08/31/2010 ) like filing for extension etc….Please suggest.
Thanks for your time,
Sri
In order to work on H-1, you need to find an employer (either the old one or a new one) who will file H-1 extension for you. They can submit the old petition as proof that you have already been counted in the quota in past and don’t need to go through quota again (your’s will be cap-exempt petition).
The company also needs to file for COS along w/ extension, so that you can start working on H-1 w/o having the necessity of going out of the country and getting visa stamped in passport.
Hi Saurabh,
I have very basic question. My wife is here on H4 visa. Whats the way for her getting h1b visa ? is it approaching consulting firms and ask them to sponsor h1b visa OR check with american companies for jobs and ask them to file a visa if got a job?
One more que is – its April now, can my wife starts searching job this month itself ?
-Ramdas
I would suggest to try both options. As she is here on H-4, consulting companies may be more willing to file the H-1, but it doesn’t harm in trying both options.
She can start searching for the employer now, and they can file the H-1 for her. However, the employment cannot start until 1st Oct 2011.
Thanks Saurabh..
Hi,
I have a H1b petition approved and valid till Jul 2011. In between due to some circumstances, I applied for H4 in August 2010 and came to US in H4. Now I would like to start working. My question is , Is my H1b still valid? Can i transfer it to a new employer here?
Really appreciate your help and thanks in advance.
Ckumar.
Yes, your H-1 petition is still valid. You can either apply for COS from H-4 to H-1 and start working for the current employer, or you can find a new employer who can file H-1 transfer + COS for you.
Hi Saurabh,
In this case there would be no paystubs from the current employer. so can the new employer file H1 transfer?
Yes, it will still be H-1 transfer. As you were never present in US on H-1, you don’t require the payslips. Payslips and W2s are required only when a person has spent at least 1 paycheck period in US on H-1.
Thanks for the reply Saurabh 🙂
Hi Saurabh
Thanks for your support .. you have been a very helping hand for many ones.
I have recently come on H4 Visa in US with my husband(H1B visa). As per your article, one can start searching for a job in June 2011 so my question is-
1. Can I start searching the opportunities from June’11 on US job portals or contact firms directly stating that I need H1B sponsorship.. is it legal to seek employment on H4 before applying H1? And if yes, then that company will bear my visa sponsorship or I will have to bear that.
And is this a better option to contact a consultant now itself to apply my H1B on chargeable basis? And where to find the good consultants?
Hope you will reply me.
Thanks..:-)
1. Yes, it is legal to seek employment and disclose that you need visa sponsorship. However, lot of companies do not offer visa sponsorship, and it’s usually the consulting companies that file such visas.
Legally, a company should bear the expenses of H-1 filing (except for probably attorney fees and premium processing fess, if opted). Seldom, consulting companies pass that expense on to the employee. It’s illegal but that doesn’t stop these companies from doing so.
You can have a consulting company file the H-1 for you, and then share the revenue. But you need to remember that you need to be getting paid all the while on H-1 irrespective of whether you are on a project or not. These consulting companies do not pay salary when you are not a project.
You can find such employer on job sites like dice, monster, career builder etc.
Good luck!
Thanks Saurabh.
Hi Saurabh,
could you please help me with one doubt, i got my H1 visa atamped on sep 2009 which is valid till 25sep 2009,but i have not travelled so far due to the recession in US ,now my H1 employer requesting me to fly and saying that you need to have SSN no first and you need to be in US then only they will conduct interview with client ,is it possible that i can give interview here from india only and once get offer then i fly to US.
Appreciate your help
Legally, you can give client interviews from India w/o SSN. However, lot of clients want to interview the interviewee face to face, and would also want to do a background check before extending the contractual job (which requires SSN). I think that’s why your employer is insisting on that.
However, remember you need to be getting paid all the while you are in US on H-1 irrespective of whether you are on a project or not. That’s the rule.
Hey Guys,
I am on H1 and my wife just got here on H4. She finished M.Sc. Biotechnology in India last year. If she wants to work , a company has to sponsor her Visa and then only she can start work after 1st Oct. I got all these info from this page.
Based on your knowledge and experience, What are the chances that a company would give her a job while sponsoring her Visa and then waiting till 1st Oct.
Thanks
There are companies who file the visa and wait until 1st Oct. However, I have to be truthful that majority of these companies are consulting companies. Is your wife looking for consulting work or planning to work as a full-time employee at a Biotech company?
The process in itself may take few months, so the actual wait b/w approval date and 1st Oct will be less than 6 months.
Thanks Saurabh for your reply. Appreciate that.
Doesnt matter consulting or full-time as long as she gets job in her field. I guess there wont be any consulting firm (Desi) who can sponsor her H1 visa because she is in Biotech field and desi consultancies are IT. Unless if you know any consultancy that can sponsor her H1 for biotech field.
Can an IT company give her some QA/BA job and file for her H1? The reason i’m asking this question is because i was thinking if my compnay (IT Company) can give her some kind of job and then file her H1 even though she has all her study in BioTech field.
Thanks Saurabh for your help. 🙂
H4 visa holder can not work period. Even if your employer gives her a jobs in QA (not her field), they have to go thru H1B and wait until Oct 1st to employ her if it is approved. H1B visa can be really tricky if the jobs is not in her filed of study or experience. It’s up to the employer/attorney of how they will present the case to immigration. In my opinion, she should do research and start looking for H1B sponsors. Bio is a good field and is much needed in the U.S.
One other option is to enroll in school (change to F1 visa) and apply for CPT. She can choose another master program that related to Bio or do a Ph.D. Some school allow full-time CPT 40 hours/week, other only gives 20 hours/week max. The catch is she would pay tuition (..a..lot).
JD could u please let me know if you find some consultant who do h1b for a biotech background . I am also in the same situation as yours . Thanks
Hi Saurabh,
Im working in india with an MNC, having 6 years of IT experience.My wife got her H1b visa stamped and is travelling to US by the mid of this month.My employer doesnot have any plans of filing any visa for me to US at this moment.Im really confused whether to accompany my wife on a H4 visa and serach for oppurtunitie/ sponsorship for H1B visa.Or should i continue with my present job and search for oppurtunities from india itself with the help of my wife.Kindly let me know your suggestion in this scenario.
Many Thanks
Sreejith
That’s a subjective question. Both options have their own pros and cons. Staying in India means you can continue to work for your current employer and get in touch w/ consulting companies there. However, that means you will be away from your wife for that period. Staying in US means you can approach consulting companies here. There are two types of companies that file H-1 from India – ones w/ actual US offices, others who act as an agent and pass your information to actual US consulting companies. The 2nd set of companies have minimal accountability and often abscond in b/w of the process. Plus you don’t know who the real employer (US company is) when filing through them.
Hi
Thanks for helping people with their problems. I have one…..
I am on H4 visa. I finished my studies here in the US and after OPT went on H4. My husbands H1 expires in July 2012 and his employer has not filed his Labor yet. My question is
1. If I apply for a job and the employer is willing to sponsor my H1 how many years I will get to work? until July 2012 (thats when my husbands 6 years on H1 are used up) or 6 whole years from now.
I am confused because in some of the forms I read that the time spent on H1+ H4 altogether is 6 years. Is this true ….. Also if you can guide me to USCIS website that has any info on this will be helpful.
I appreciate your help.
You can have 6 more years to work on H-1. 6 year clock only includes time spent on H-1 and L-1 visa. Time spent on H-4 is not counted towards this clock.
I am on H4.I want to apply for H1 in this april.Till oct i shld wait for the process?
Is there any process i can work before itself say ex: may likethat.should i give an interview before itself.what would u suggest
You cannot start working prior to Oct or later (if your petition is not approved by Oct). You can give the interviews, but you cannot work period.
Hi saurab/kumar
You people r doing a great job which is helpful to others.You all hav lots of patience to answer evrybody’s questions.Thanks a lot for tat
And my questions
1.what is RFE,COS
2.RFE period we need to submit client letter ,by reading ur articles i understood.if on h4 how can we get client letter.
3.If i apply for premium processing in aril11 can i work after 15 calender days.Bcoz
for regular processing we need to wait till oct11 to work
1. Request for additional evidence – when USCIS needs additional documents and/or information from the petitioner to approve the petition
Change of status – when an alien files for change of status from visa category to another w/o having the necessity of going out of US and entering on the other visa stamp.
2. Depends what documents are required in RFE. If they need client information, then your employer will have to submit that. USCIS typically asks for that information when your employer is a consulting company and in this scenario USCIS wants to be sure that your employer has enough funds/resources to pay you during your H-1 period.
3. Employment cannot start until 1st Oct 2011 irrespective of whether your petition is approved prior to that date.
What is cap count
USCIS accepts only 65K petitions in general quota and 20K in advanced degree quota. At any point of time, number of petitions received is called cap count for that quota.
Hi saurab/kumar
I am on H4
1.What is the diff b/w H1 and H!B
2.If i apply for h1 on april1 2011 with premium processing can i get it in 15 calander days
3.what are the charges for this whole processing
1. No difference. The right word is H-1B
2. Yes, unless an RFE is issued.
3. Kumar has created an article for this. I don’t remember the exact cost, but it can var b/w 2000-4000 USD depending upon employer workforce structure (attorney costs and premium processing costs are separate).
Hi
My wife H1b was approved from a company “A” when she was in india and came to US on H-4 visa
Can i transfer to another company “B” and also apply for change of status from H4-H1B?
Thanks
Raj
Yes, that can be done.
You people really rock.
I am in h4 visa. my husband h1b expires by july( his 4 yrs L1 and h1b for 2yrs are getting over.) and his company is filing for labor certification for GC. My question is,
1. how long will it take to clear labor and how long we get extension.
2. if labor gets cleared, we r planning to apply h1b for me. If we apply H1 b and get it, shld i need to go back to india to get stamping?. how long the visa will i get, i am staying here for past 3 yrs and not worked here in US.
1. PERM itself may take couple of months to couple of years depending upon whether it’s audited or not.
2. If your H-1 is applied and approved w/ COS, then you don’t need to go to India for stamping. You can get maximum 6 years on H-1, but your initial approval period will depend upon the actual job requirement. Time spent on H-4 and L-2 doesn’t count towards 6 year clock.
Thanks Saurabh.