- 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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Hi Saurabh,
Hope you are doing good 🙂
What is the possibilities to get H4 to H1B visa if not a technical experience??
Kindly let me know
Sweety
The answer would depend upon what skill-set you have and whether the job is specialized enough to require 4 years of college degree.
What kinds of jobs are you targeting? Or do you want to apply for a technical job w/o having technical experience or relevant education (like C.S.)?
Hello Saurabh,
I am srikanth,recently i got H1 visa and now my company is applying for H4 Visa for my spouse.
1.Her visa interview will be in next week.
if she gets h4 visa, plan to travel US will be on May 2012.
Can we take visa and wait till may ?
2.My employer promised that her H4 – H1 conversion will be filed by them once she reach US.
So,
a.What can be the success percentage of h4-h1 conversions?
b.Once she reach US,after how many days we can file h1 visa?
Regards,
Srikanth S
1. Yes that can be done
2.
a. It will depend on bunch of factors including her profile, employer’s credentials, offered job and her adherence to US immigration laws.
b. Assuming quota is still open, it can be filed soon after she reaches US. However, if one can wait then it’s better to wait for 60-90 days.
Hi Saurabh,
Firstly, this website has been very useful with your valuable comments. You guys are doing an excellent job. Thank you for supporting us.
I have applied for H4 to H1 Transfer & it reached USCIS on July 30, 2011. I got an RFE requesting my husband’s pay stubs which has been responded by Dec 15, 2011. Please let me know if this kind of RFE is a common one & how much time do you think my case would take to get approved.
It is one of the simpler RFEs and once you submit the payslips, it should be fine.
Hi Saurabh,
I am currently in Uk on work permit and I got my H1B stamped and joining there in january 2012. Now I want to apply H4 for my wife who is in India now. Can I do that while I am in UK?
Thanks.
Yes, it should be ok. She should carry all the required documents when going for her H-4 stamping.
Saurabh,
Can you explain more about it which is in the article. Does it mean that if a person is on H4 can still work for the outsourced companies and get paid if not USD in the currency in Rupees ?
■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.
No. A person on H-4 cannot work for a company and get paid in a currency other than USD.
What the article says is that a person on H-4 can approach these big consulting companies and have their H-1s filed through them. These big companies are open to file H-1s for H-4 candidates and are more reputable than small consulting companies. After working for them for sometime and adding their names to the resume, one can start thinking of changing jobs.
Does that clarify?
yes.thanks.
Hi Saurabh,
Thanks for you guiding so many people here.I have a question. My h1 visa is filed by a company while i was in India for which i got approval from Oct2010 to sep 2013 but due to some issues i could not join the company also i dint get it stamped. Now i wanna go back to USA. Do i will need to have a fresh H1 visa from new company or i just can use the old one . and m i exempted from visa cap…i would be grateful for kind reply.
amit
If you want to work for old employer, then you can use the old petition. If you want to work for a new employer then cap-exempt petition needs to be filed by new employer. You will have to go for visa stamping only if you don’t have any visa stamped in your passport or if the stamp has expired.
Hi Saurabh,
first off all i would like thanks for helping so much to all these queries.I rarely see someone helping to the extant you are helping and guiding.
I also have one query.One of the company filed my H1 visa in april 2010 while i was in india and i got a provel notice in Aug 2010 with a start date in OCT 2010 . But i had some family issues in India and could not join the company also didn’t get it stamped so never entered USA with H1.
now my question is I wanna go to USA again for job .
my qustions are:
1. If my H1 approval is still good if now i wanna join same company or some other.
2. If yes , what i need if i wanna join the same company and and in case i found another job.
3. Is any time frame where i can use this H1 visa approval or i can use it any part of time.
looking forward for your kind guide line.
regards
Amit
1. Yes it can still be used to file cap-exempt petition (by a different employer) or can be used by same employer.
2. The new employer needs to file cap-exempt petition and submit old receipt number and possibly a copy of approved 797.
3. Cap-exempt petitions can be filed anytime during the year.
Thanks a lot Saurabhji,
that is very kind of you.
So i am eligible to work in USA with this approval.this is a good news for me.And may I start working from any time in the year as you said petition can be filed any time in a year?In other words it is not require to wait till OCT as it was when h1 was filed first time?
regards
Amit
That is correct. You are not bound by Oct start date and can start working as soon as your petition has been approved and stamping is done.
Hi Saurabh,
My current H1, my wife’s H4 are filled by Employer A and are valid till 2012(Also the I-94 is valid till Sep 2012) but not stamped.
My wife has filled for H1B with COS in May-2011 and its currently pending review with USCIS.
She followed up with her employer today and was informed that she is likely to get a decision on her pending H1B by end of this month.
Now I am changing to employer B and he will transfer h1 and h4 visa.
I do not like to transfer her H4 visa at this moment because if her h4 is approved after her h1 aproval then her status again become h4.
1)Can she be in US till she get her H1 Approval (assuming it would be approved by Sep 2012) as her current H4 (Filled by employer A) is valid till Sep2012? And stop the H4 extension we are planning to process?
2)Can employer A terminate my H1 after I transferred to employer B ? In that case , does her H4 status become invalid?
Please advise us, so we can take a correct decision thanks in advance for your help
Thanks,
Praveen
1. She is fine as long as her I-94 is valid and you are maintaining legal H-1 status
2. No, it wouldn’t.
Hi
I am currently on H4, would i be able to work in US starting April 2012 if i find a sponsor or i would have to wait till October 1st ?
Thanks
Employment on H-1 cannot start until Oct 1, 2012. April 2012 is the earliest date to file the petition but not to start employment.
Hi,
The answers given in this site is really useful. I have one more query. My employer initiated H1 visa for me and since the cap is closed it will not process until April.
They had given me one more option to attend L1 interview. I heard there are lots of rejections happening for L1 visa now. Is there any tips to attend the interview without fail? I am MSc computer Science Degree holder. Will there be any preference for Master’s Degree?
L-1 rejection is more tied to the job and it’s requirements and less to individual’s degree. For L-1, you should be knowing tools/applications/technologies specific to your employer and intend to work on them in US. If you are working on common technologies like Java, Oracle DBA etc then L-1 would get rejected.
1) Candidate’s H1B visa and petition was issued on Oct 2006. He didn’t travel to USA and visa expired in Sept 2009. Now there is an onsite opportunity and his company is willing to file H1B visa. This year’s quota is already complete, so can he apply for H1B without falling under quota limit because he is still within 6 years period since his H1B was approved?
2) Someone had H1B visa for the period of Oct 2006 to Sep 2009. He didn’t travel to USA during that period and it expired in Sep 2009. Recently he came to know that if once H1B visa is filed under annual cap and it’s expired, then future H1B visa filings are exempted from annual visa cap rule. Therefore such H1B visa can be filed and processed anytime in the year.
Please confirm along with document reference (like Urls). Actually company is denying any such rule, therefore document reference is required.
One can file cap-exempt petition in above scenarios. I don’t have URLs to share w/ you. You can check w/ an attorney who can provide you all the legal documentation.
Hi Saurabh,
Right now I m in India and going to apply for H4 Visa with my husband approved petition for H1B.
I am a Telecom engineer having 3 yrs of experience in the same field. But my last date of working was march 2010.right now I am not working.I want to start my career again,Is it possible that I can start my career again in US with COS to H1B.Is it will create any problem as i m not working from last 1 and1/2 years.How hard to find a job in Telecom sector in US.can I find employer now from India,who can sponsor me.Please suggest me what I have to do to find a Employer in my case.
waiting for your valuable suggestion.
Thanking you
Usually it’s the consulting companies that are more open to hire candidates who are on H-4 and then file H-1 for them. Some of these companies look at career break as a negative thing, and so it can adversely impact your chances if you approach them. Then there are others who don’t mind the break.
I don’t know how hard it would be to find job in telecom sector. You can go to job sites like dice, monster etc and see if there are any openings. If I don’t sugarcoat, then finding a good employer on H-4 is really tough.
Hi Kumar,
I am having H4 visa and I am in India. I didn’t travel to US till this time.My husband’s H1 visa will expire soon and he is planning to extend it along with H4. Is it required that I should be there in US for extending H4 or my passport is needed for extension?
AFAIK, your husband can just file for his extension. Once the new petition arrives, you can go for H-4 stamping by carrying copy of approved 797. H-4 extension needs to be filed only when the H-4 dependent is already present in US.
Check w/ employer/attorney on how they are planning to file H-4 extension.
Hi,
I have query regarding L1 visa, my wife who is on l2visa is an India employee of IT company. Can she get a ead and get an onsite opportunity form the same company and work at a client location and earn in usd?
She can come to US on L-2, then apply for EAD. Once she has her EAD, she can work for her old employer (or a new employer) in US.
Hello,
I like your articles, they are very informative and help a lot of us who want clarifications and direction given our visa status. I also have a question, I am currently on H4 and wanted to know the best way to go through job search. The quota for this year is already done. So, if I have to apply for a full time position when is the right time to start applying for one as I know I can start working only from Oct 2012.
Secondly, since the economy is picking up, I also wanted your suggestion as to the whether I should try for a full time position or go about with a consulting company doing my H4 conversion..I mean which is the the safest and easiest one
Waiting for the reply..
Thank you..
The employer can start applying from April 2012 w/ Oct 2012 as start date.
As you are on H-4, are you bound by location? If yes, then you can start searching for opening in and around your area (go through job sites like dice, monster, career builder etc). You should also get in touch w/ your network of friends and colleagues and apply through them (internal referrals are always preferred in a company). Also, start brushing up your skill set so that you can fare better in the interviews. Another thing you can do is to go to FlcDataCenter website and get data files of past H-1 filings. The search for petitions filed in your area and in your related profession. You can then start approaching those employers.
Let me know if you need any further clarification.
hi Sai,
i have a B1/B2 10 years multiple visa.kindly let me know if i can enter into US and get a H1B visa finding an employer.is that a legal approach.
Not a safe approach. You will be misusing B-1/2 visa and USCIS can deny your H-1 COS if they also think so.
Hi,
I have two questions
(1) I am working for Wipro and currently in Bangalore. Wipro has filled H1-B petition for me this year (April, 2011) and it got approved also. My H1-B petition is valid only till 31st Dec, 2012. But usually H1-B petition is valid till 3 years. Do you have any idea on this?
(2) My manager is willing to send me for H1-B VISA stamping to get the VISA ready but he does not want to send me to USA right now. And I do not know when they will send me. So in this case, is it possible after H1-B VISA stamping if I will quit Wipro and then look for some consultant company (based in USA) who can help me to bring me to USA by doing my H1-B transfer? Just wanted to let you know that I have never been in USA before.
–
Asutosh
1. There can be 2 reasons – either your employer requested it until Dec 31, 2012; or USCIS determined that the job employer has for you is only valid till that date. Extensions can still be filed when your petition is about to expire
2. Yes, that is possible. A new employer can file H-1 transfer for you, and you can enter US w/ new employer’s petition and old visa stamp (provided it’s still valid and unexpired).
Hi Saurabh,
I heard that todo H1-B transfer, employee needs to submit at least last two months of USA pay slip. But since I never been in USA – and hence I do not have that. So please advise how should I go with this?
Is my H1-B transfer possible while I am in India? If yes, then before leaving Wipro if I will catch one USA based consultancy who will fill my H1-B transfer and unfortunately if that transfer would not get done then can I go to USA throw Wipro later sometime with my original H1-B petition which belongs to Wipro?
Payslips are required only if a person has spent time in US on H-1. As you have never been to US, you don’t need the payslips for H-1 transfer.
Yes, in case your H-1 transfer is not approved, you can still travel through your current employer on the approved petition.
Hello Saurabh,
I have done my MBA in Human Resource and having 2 years of experience in the same field. I have moved to US on H4 visa few months back. I have applied for many jobs in HR domain (in 2011 H1 Quota)but have not got any interview call from employer.
So is that difficult to get a job in HR domain or is that H4 visa that is hard to get a job on the same status?
Finding H-1 job in HR domain is much tougher than finding job in IT. You can try the following technique:
1. Go to FlcDataCenter website and get most recent list of H-1 filings
2. Search for employers that have sponsored job in HR domain. I think they have job title mentioned in the data dump
3. Go to those company websites and see if they have any current openings
4. Go to LinkedIn and see if you have any connections that can introduce you to someone working at those companies (referrals have better success rate than others)
Hope that helps!
Hi
I am currently in US on H4 visa. I recently got my Ph.D degree in English(Linguistics) and would like to work. What are the possible options for tranferring/changing the visa.
Regards
Nidhi
You will have to find employers in your job area and who sponsor H-1. Once they interview you, then can sponsor H-1 for you. Based upon it’s approval you can start working in US on H-1. For H-1, the job should be specialized and require at least 4 years of Bachelors degree.
Hi Saurabh/Kumar,
I am in H1B status and travelling to US by next week. My partner is in H4 but she will not be travelling with me now since we are expecting that our employer may process her H1B in the next year cap. My Question is, If they file her H1B from India, can she travel to US based on the existing H4 and apply COS when she have the H1B approval? Is there any complication invloved?
Appreciate your time and advise. Also I want to say a big thanks for your priceless efforts to answer the questions from many visa aspirants
Yes, that’s possible to do – enter US on H-4 and then apply COS to an already approved H-1. If you really want to plan safe, you should initiate COS to H-1 at least 60-90 days after she has entered US on H-4.
My husband is on H4 and I am on H1B. He has approved H1B from a consulting company that he never used. he entered US only on H4 visa and stayed that way.
His h1b visa and petition issued on 2008 expired in Sept 2011. Today he got a job and the company is willing to file his H1B.
This year’s quota is already complete so can he apply for h1b with new company without falling under quota limit because he is still within 6 years period since his h1b was approved?
Yes, the employer can file cap-exempt petition for him on the basis of his old petition.
thank you!
Hi,
I currently live in the US.( was on H4 earlier). My H1B Petition was approved with Change of Status (COS) for 2012 on Nov 3rd. My start date mentioned in the petition was Nov 1.
Now my employer is saying that they want me to start from Jan 1 2012. I would like to know if this will cause any problems when i go to India for my H1 Stamping?? Would i have to explain why there is a gap between my approval and commencement of work?
You need to be working on H-1 from Nov 1 and not Jan 1. You will be in US on H-1 for 2 months w/o pay and will not receive any W2 for 2011. This may cause issues in future (stamping, extension, GC etc).
Thanks Saurabh!
Saurabh,
I spoke to my employers and they insist that if requirements change then the Start date can change from what was fillied in the petition and it should not cause any problem during stamping!
What are my options? Can i look for another job and get an H1 transfer? is that even allowed 🙁
That is ok as long as a person is outside US. In that scenario, you can change your travel plans to enter US close to your employment start date.
However, when you are already in US, you are expected to start working on H-1 from the COS approval date. If the employer wants to delay the joining, then they should have requested a start date further in the future. USCIS will consider these 2 months as bench period, and it can hurt you in future.
Even for H-1 transfer, you need to have payslips, which you don’t have at the moment. Does your employer has an immigration lawyer on roll? If yes, you can talk to them and if they agree, they can try to convince the employer.
Hi Pm,
Happy to hear about your H1 approval.
How long does it takes to get the approval and did you apply in normal process or in premium.
Did they ask any thing like client letter or any other documents.
Your answer is very helpful to me.
Thanks in Advance.
Hi Shilpa.. Thank you 🙂
I applied through the premium process and for me it actually took only 3 business days!
Mine is direct emplpoyment so you need to have the client letter! All documents required are as listed on the USCIS site.
Hi,
Iam on H4 visa.
As, we know the H1B cape for 2012 is over. My company is saying that they will filed my H1B petition in premium processing in February 2012 for H1B cape of 2013.
So, please tell me is it possible to filed H1B petition in February for H1B cape 2013.
As much i know the new cape always opens in April.
They are also telling that in premium processing we can filed visa at any time, Is it true?
That is not possible. Petitions cannot be filed until April 1, 2012 irrespective of whether it is regular or premium.
Your employer seems be very little versed w/ immigration rules. If it’s a small consulting company, make sure it’s a credible one.
Thanks Saurabh.
Hi Saurabh,
I’m presently on an H1B visa.My mother is staying with me on a tourist visa.Her I94 is getting expired on 17-Jan-2012.Due to personal emergency she would like to extend her stay in US for another 3 months.My I94 had expired on 30-Sep-2011 and had filed with USCIS for extension.
Could you pls advise what is the procedure for filing extension for my mother.Do we need to consult an attorney for this or i can submit the application form online.
What should be the possible reason that i should mention for getting my mothers B1 visa extended.
Kindly advise.
Thanks
Minu
She can file for her extension herself. However, if her total stay in US during this stay is getting closer to 180 days, then that could be an issue. You also need to specify why you want the I-94 to be extended. IMO, its better to file through a lawyer so that it is properly filed and doesn’t impact you and her in future.
Hi Saurabh,
I am currently on H4 visa and would like to find a sponsor for my H1B processing. Is it possible this late in the year. Is the quota over for this year? if so, are there any other options? How does premium H1B processing work? if it is not possible this year, then when is the earliest I can apply for next year?
-Lakshmi
Quota is done for this year. Next filing date is April 1, 2012 w/ employment start date of Oct 1, 2012.
Hello Saurabh,
I got H1 visa & planning to apply H4 visa for my wife.In future I have a plan to convert H4 to H1 for my wife.
1.Does she need to come India for stamping or can we process that in US itself ?
2.What documents she may require for H4 to H1 conversion ?
1. If her H-1 is filed and approved w/ COS, then she doesn’t need to go for H-1 stamping in order to work on H-1. She can work on the basis of COS, and will need stamping only when she leaves US next and wants to return on H-1.
2. Regular H-1 filing documents. In addition, her I-94 copy, your H-1 payslips and W2, your I-94 copy, 797 copy etc.
Hi,
I am working with software company and I hold valid B1/B2 visa for 10 years multiple entry. I am married and My husband is going to US for foreign assignment on H1 visa. His company will be applying H4 visa for me. In this case my existing B1/B2 visa will be surrendered and only H4 will be issued to me or I will have both valid visa’s i.e B1/B2 and H4?
When you go for H-4 visa stamping, the officer can cancel your B-1/2 w/o prejudice. It’s up to their discretion whether they leave it as is, or cancel it.
Ok.. Thanks Saurabh
Hi,
I have applied for H4 to H1 in this year’s quota and waiting for approval. If it gets approved, my start date would be Jan 16th which is mentioned in LCA.
Meanwhile I am thinking about travel plans to India. Is it legal to travel to India after H1B approval and before my start date (as mentioned in LCA)? Would there be any problems during H1B stamping since this is my first H1 and I would not be having pay stubs?
Or, is it better to plan India trip after 3-4 months of working with valid paystubs. In this case, if there are any problems in H1B stamping of the present employer, what could be my other options? Can I transfer my H1B to some other employer while being in India and try for re-stamping?
Please advice.
Thanks.
If you haven’t spent anytime in US on H-1 visa status, then it’s payslips are not required. The visa officer will not hold you on that. And having them is mandatory if you have spent time in US on H-1. What they will be more interested is your employer, your job and employer-employee control (if you are working in a consulting company).
I am re-posting my question becos there is a small correction on my old visa expiry date. It is valid until Sep 30 2012 ( Previously i mentioned it as 2011, that is incorrect). Sorry for the inconvinence.
I have a question for you about my H1B. I got my H1 visa stamped on my passport which is valid till Sep 30 2012. Recently I transferred my H1B to another employer but the transfer process is still in the intial review stage. I am planning to go to india this dec 24th 2011. I am not sure whether my old employer has cancelled my H1 or not. Will i have any issues in coming back to usa with the old employer visa if my old visa has been cancelled by my old employer ?
When returning to US, one needs to have an unexpired visa stamp (from any employer) and an unexpired 797 (from the employer one intends to work for). So you can enter US on the basis of visa stamp (which you can look at see if it is expired or not) and 797 from the new employer (assuming you plan to return and work for the new employer).
Thanks for your reply saurabh. I got only the transfer receipt for my new employer. Still the transfer process is not completed. It is in the intial review stage. But have my visa of my old employer stamped on my passport valid till Sep 30 2012. So can i come back to US even if the transfer process is in the initial review stage? Please advise me…
I have read somewhere that one can enter US on the basis of unexpired visa stamp and transfer receipt notice. However, I am not sure if PoE officer would understand this or not. It’s better to talk to an immigration lawyer about this.
Hi,
I got my h4 to h1 change of status approved and have sailed through this year’s quota.
I am travelling to INDIA from 31st dec to 24th jan. My date of joining is 6th feb 2012.
I understand that i need to get my stamping done when i go to india. But, I also read that I can enter US only before 10 days of my start date on h1b. So that means I cant return on 24th jan. But my lawyer says there is no issue with the dates, but her only concern is if there is any delay while stamping.
Is this true? I wont have any problem with my returning date as 24th Jan even when my date of joining is 6th Feb 2012??
Thanks in advance.
Yes, one is allowed to enter US only 10 days prior to H-1 start date. Is your attorney saying that you can enter 12 days prior to your H-1 start date w/o any issue? If they can tell that w/ surety, then it’s ok.
Hello Saurab,
Recently I filed H1 visa application and got scheduled interview dates.
Can you please answer the following questions.
1.My plan is to take my spouse along with me for the interview scheduled to me,
So, with all the required documents and fees, can i take her for h4 visa or do i need to follow any procedure?
2.My spouse is presently working in one of the MNC’s in India,So with H4 visa,
Can she work for the same company in India from US through Work from home facility?
1. Dependents can accompany you for visa interview as long as they have paid the necessary fees and filled the DS form
2. No. When on H-4, one cannot work either in-person or remotely.
Hi Saurabh,
I am on H1B cap visa through infosys in US. my wife is a BDS and just started with clinic in india. on which visa can i bring her in US so that she can work?
i understand that as long as I am on H1B she cannot work coz she will be on H4. Do I need to change my visa type? can she work over here as dentist and i continue my IT job?
I am not sure what the right visa is for dentists, but I don’t think it’s an easy thing. She will have to get herself licensed and certified before she can work as a dentist in US. You can check to see if hospitals sponsor H-1 for in-house dentist (I am just throwing in ideas, and am not sure if that can really happen or not).
Thanks saurabh for quick response. sure will check what you have suggested. and will come back and share with you and everyone. thanks again for support.
Hello,
I have done my MBA in Human Resource and having 2 years of experience in the same field. I have moved to US on H4 visa few months back. I have applied for many jobs in HR domain but have not got a single call from employer not even for Interview call..
so is that something difficult to get a job in HR domain in US or is that H4 reason that is hard to get a job on that status?
could you please suggest me what should I do to get a job?
hai saurabh,
1. Me and my husband will be attending the H1 & H4 interview this december. we hav essentials documents like 797 , DS 160 & supporting documents( passport,mark sheets,company profile,pay stubs) to produce during the interview. will these documents do ?
2. my husband was in L1 previously and the visa extension got rejected.
this is the first time we r appearing for H visa. i heard like , w2 is required only for the H visa extension ? is it so ?
1. Depending upon the company’s profile (consulting vs product) be sure to carry required documentation for that as well.
2. If the husband has worked in US on L-1 or H-1, then he should carry W-2 for those years as well.
Hi,
With the current h1b cap limit reached already, could you please throw some ideas on the Cap exempt companies. I am on H4 now came just last week to U.S. I can start applying for H1B only from next year’s quoto from April. So can I approach any cap exempt companies for now to work?
Usually cap-exempt companies are government agencies, non-profit organizations and universities.
hi Kumar or Saurav. Can you guys please clarify me on two issues?
1. I came to India for H1-B stamping, and got my passport back today (Nov 22). Now, my passport says that the visa issue date is 17 Nov, 2011. Can I travel to US in Dec 26, 2011? I mean is there any problem if I enter US more than one month after my visa issue date? My H1-B validity are from Oct 1st, 2010 to Sept 30, 2013.
2. My mom wants to visit US on a visitors visa. Do I have to provide any sponsor letter of some sort or any letter to show that she wants to visit me? What other docs she needs to carry to the interview?
Thanks in advance.
1. Shouldn’t be an issue. Make sure you have a recent letter from the employer stating their intent to hire you as an employee or continuing services (if you are already employed w/ them).
2. Yes, she needs a sponsorship. You can do that. There is an article on this blog related to that which talks in details about the required documents. At a high level you would need to submit recent payslips, rental agreement, employment documents, bank statements. You mother will also need to show strong ties to India to show that she is not a potential immigrant and will return to India after the trip.
Thanks Saurabh, sorry for misspelling your name.
I think you are talking about this article about B2 visa docs:
http://redbus2us.com/process-and-documents-needed-for-parents-visa-to-visit-usa-b2-visa-tourist-visa-sample-documents/
I read it. Really helpful. Good thing is that I am visiting India now and I have all the original docs with me that she can take to the interview. Do you think I should go with her to the interview as well?
Also, about strong ties to India, I need to tell you that she is a govt. school teacher here in India, has some bank balances but no properties, and I have no siblings. You think these are any weak points that can go against her showing strong ties to India?
Thanks in advance.
I don’t think you can attend the interview w/ her. Having fixed assets in India really helps. She should carry a letter from the employer stating that they are granting her leave for 3-4 months, and expect her to return and join the school again. She can also show social ties (relatives etc) as a reason to return to India and not immigrate.
Thanks a lot Saurabh.
i am on H4 status since I came to US in the end of 2008.one Company has applied for my H1B in 2009 and it got approved on 12th Jan 2010. It was approved with a condition that I need to go to India for getting visa stamped. I guess I got conditional approval because I was in India while H1B was in process from 17th Dec 2009 to 4th Jan 2010. USCIS has issues approved 797 only and it doesnt accompany I-94. I never travelled out of USA after my H1B was approved on 12th Jan 2010. My current I-94 card still has H4 status. I couldn’t go to India for Visa stamping because I was pregnant. I am blessed with a baby and I would like to resume my work career and H1B now. My current H1B holder doesnt have projects available now. Hence, I would like to get my H1B transferred to any other company.
Summary:
My current status – H4
H1B Approval date – 12th Jan 2010 (I-94 was not issued)
H1B valid until – 30th Sep 2012
Note – I never travelled out of USA after my H1B was approved
I couldn’t find a question in your post but I assume you want to know if H-1 transfer is possible or not. If yes, then the answer is yes. Another employer can file a cap-exempt petition for you along w/ COS. Once the same is approved, your status would be H-1 and you can start working. You don’t need to submit any H-1 payslips as your status was always H-4 and not H-1.
I am on H4 currently valid till March 2013. I have applied for new H1b yesterday i.e LCA. My concern is I need to go back to my country urgently. Can I do that, as my H1b is just filed not approved.
Will my travel affect my H1b application.
Your H-1 can still be applied. However, your COS will be abandoned once you leave US. What this means your status would remain H-4 even after H-1 gets approved. To move to H-1, you will either have to file COS from H-4 to H-1 or go out of US, get H-1 stamped and enter on that visa stamp.
Thanks for your prompt response. Just to make it bit clear to me, you mean I can go to India on my current H4 status and come back safely on H4, even if meanwhile my H1b gets approved. After I return, I apply for COS from H4 to H1.
My concern is that as soon as my H1b is approved, will my H4 status be invalid. Will I be asked for H1 stamping on my passport for re-entry to US.
The reason I am scared to travel on my H1b is that I fear stamping process in India for new H1s, also the company who is sponsoring my H1 is small company. So what I heard from everyone is chances of rejection at stamping in India is high.
So just want to know if I can travel on my current H4 status before h1 becomes valid, is it a better way to go.
Your help is greatly appreciated. Thank you again. Looking forward to your response.
Kareena
How difficult it is to get COS approved if I already have my H1 approved. Does it involve extra cost. How much time does it take to get COS approval.
H-4 doesn’t become invalid when H-1 gets approved. What happens is that people usually apply H-1 w/ COS and once approved, the status becomes H-1 and not H-4. So the H-4 visa status becomes invalid as the individual is now on H-1. One can go back to H-4 status either by filing COS from H-1 to H-4 or traveling out of US and entering on H-4 visa stamp. Same holds true when one is on H-1 and wants to move to H-4 (like I explained in my previous response).
You don’t need to get H-4 visa stamped, right? IMO it is pretty safe to travel out of US, and re-enter on H-4 visa even if H-1 is under process. Carry the necessary documentation related to your H-4 status.
Chances of COS approval will depend upon lot of factors including your adherence to immigration laws, your employer’s credibility, proposed job etc.
Saurabh, appreciate your help.
However, I do need to get my H-4 visa stamped, I just have the approval notice of h4 till 2013. What would you advice in this case.
It should still be fine even if you have to go for H-4 stamping.
unfortunately, before my lca got approved, h1 quota got exhausted.
I want to know if there is some other option for me to work. Can the company sponsor prospective green card for me while on h4.
An employer can file cap-exempt petition for you if:
– employer is cap-exempt or
– you have held H-1 visa anytime during last 6 years
You will have to check a/ an attorney if it’s ok to file GC for you while you are on H-4 visa.
I have M.Com+MBA will that qualify me for EB2 or not. please guide..
I think based on your education, you would qualify for EB-2. However, the other determination is that the job offered by the employer should also be EB-2 eligible i.e. require Bachelors + 5 years of progressive work experience, or Masters. You would also have to submit education evaluation showing that your complete education is equivalent to US Bachelors + Masters.
Hi,
I moved to US a couple of months back on an H4. And I have started to look out for jobs. Since I am pretty new to US, I would not like to relocate becoz of a job and be alone. So could you please suggest the best idea as I am a little confused if I should gear up & go for an H1B in this quota itself or should I wait for the next quota..?
Pls suggest..!
Usually there are 2 kinds of jobs available – working as a contractor for a client through a consulting company, and working as a full-time employee for a non-consulting company. Depending upon what your location is you can start finding employers in your location or employers who serve clients that are in your location. You may be able to get the company listing from your local business bureau (although I am not sure about it). You can also search for employers on job sites like dice, monster, career builder by filtering them according to your location.
Hope that helps.
Hi saurabh,
I have gone through your article and my situation will be pretty same. But it will be of great help if you could suggest me on this.
I am now in L2 visa and was planning to apply for EAD. Since my husband’s L1B will expire by march and since there are lot of rejections recently for same, company is planning to process H1B for him which will change my status to H4.
If i apply for my EAD now, will it be rejected since within 4 months from now my L2 expires.
Also is it reliable to put my money on H1B job boards (h1base.com) which guarantees to find a visa sponsorship company , or are there any alternative methods by which i can get a sponsor.
I don’t think your EAD would be denied just because L-1 is expiring in 4 months.
As for H-1, if you are looking for consulting companies, then its best to look for them through your network of friends, family and colleagues. This way you know the company is credible and personally know someone who can vouch for them. Otherwise most of the employers aren’t credible and this often leads to H-1 rejection. You can also search for them on job sites like dice, monster etc but you will have to filter them to get to the right one. As the quota for this year is about to exhausted, you will be filing for FY-13 and have some time in your hand. Maybe you can start through your network and job sites, and if it doesn’t work out try those paid services.
Hi,
I am getting married this december and will be goong to the us on h4 visa. I am going to do my masters on h4. Will it be very difficult to convert from h4 to h1 in the furture once i complete my masters?? I have heard that it is almost impossible to covert from h4 to h1 keep in mind the curret job crisis in the us. Is it true?? Should i stay back and try coming on f1 after 6 months ?? How good are the chances of companies sponsoring people doing masters on h4 visa?? P.s i already have 2.5 exp in IT
Finding employers on H-4 is always tough. However, if you have decided to pursue Masters in US, then things are still better. What I would recommend is that you join the school on H-4, and then 1-2 quarters into the course, file COS to F-1. You can complete rest of the course on F-1. This would not only allow you to work on CPT & OPT (whenever and whereever it’s eligible), but have your H-1 filed under Advanced Degree quota. Generally, employers prefer candidates who have done Masters in US. Yes, the cost may be little more but then you can compare it against the long term benefits.
Hey Saurabh,
This is our situation. I am on H1 with wife on H4. Both visas are expiring on 16th Dec 2011. We both have applied for extensions which USCIS received on July 29th. The status of the extensions is still pending after 114 days.
I want to apply for H1 with COS for my wife but as of 15th Nov 56300 visas are gone.
Do you think I could wait for 2 more weeks and hope to get H1 and H4 extensions while the H1 quota is still open so that I could file new H1 for my wife with COS? Please let me know.
Is your I-94 also valid and expiring on Dec 16, 2011? If yes, then wife can apply for H-1 w/ COS. If I-94 expires, then COS may not get approved. LCA etc would take 1-2 weeks, so if the employer starts that process now, then they would be ready to file the petition in late Nov, and may still be able to make through the quota.
Hi
I currently on f-1 status and have valid i-20 till october 2012. My employer is filing my h-1 in current quota with future start date of around April 1, 2012. I am planning to visit india in feb 2012 and will be back by last week of feb. assuming my h1 is approved, Do i need to get h-1 stamp or i can enter usa on f-1 status.
Regards
Dimpi
Saurabh, do you have answer for above post.
When are you returning back to US? If you are returning close to H-1 start date, then it makes more sense to get H-1 visa stamped and enter on that visa stamp. If you are entering prior to H-1 start date, then you can return on F-1 visa stamp and then apply for COS from F-1 to H-1 and based on it’s approval start working on H-1.
H-1 stamping may be easy or difficult depending upon your profile, employer credentials and proposed H-1 job.
Hi
Q1.My husband has applied for his H1B transfer on 25th July and is still awaiting
revert.We want to do premium processing but his employer says that his file is
in the audit department and he can do the same only once it is out of Audit.
– I want to know can we apply for premium processing even if it is in audit
and if we do so how soon can we get to know our approval or Denial?
Q2. On the same date 25th July he has also applied for my dependent H4 visa and the results are still awaited, I need to know the decision fast as I am in the USA on by B1/B2 visa whose immigration expires on 25th December 2011.
– Can I still stay here post 25th December till I get to know USCIS decision or should i got back before the 25th December .
Please guide me for the same.
Appreciate your help!
Regards
I am not sure what your employer means by audit department. Is he being audited by USCIS or DOL for adherence to H-1 rules? Being audited doesn’t stop an employer from upgrading petition to PP, but he might be having fears that the audit situation may adversely impact the H-1 outcome.
One can continue to stay legally in US if a timely filed COS petition is pending. One can stay up to 240 days beyond I-94 expiration date in such a scenario. In case your COS is denied, then you will have to leave US ASAP.
Thanks for the quick reply, i really appreciate the same, with respect to my husbands Premium Processing query one last question if we apply for PP, how soon can we get our reply from the USICS.
Secondly just to clarify in my case I have this white slip attached to my passport which says immigration valid till 25th Dec 2011,[if that is also called I – 94] since i have applied for my H4, as per you I can stay post 25th Dec 2011, for 240 days if i got it right?
Thanks in advance
USCIS adjudicates premium processing petition within 15 calendar days. In case they issue RFE, they would take another 15 days to process the RFE response.
Yes, your statement regarding I-94 is correct. You can check w/ your attorney as well just to be certain.
Thanks a lot.
You have been for great help!
Regards
Dimple.
I am a software engineer (B.E., M.Tech), currently working as a Technical lead in a software company. am looking for h1 sponsors. anyone with this information please help. Thanks
Hi Saurabh,
This is Sagar. I really appreciate your free knowledge sharing to all fellow people.
Here’s the situation. My first H1B was deniad 2 weeks back because of some documents and missing mendatory information.
I still have my OPT ext valid until Oct 2012, but to get my wife here in US, I need to apply for H1B. so my question is, if in worst case my second H1B denied, when can I apply for 3rd time?
and 2nd question, if I apply my H1b in April 2012 with Premium processing, can my wife apply H4 in May and join me right away?
Thanks,
Sagar
Yes, it can be applied 3rd time as well.
She can go for H-4 stamping at most 90 days prior to H-1 employment start date. So if your H-1 is filed in April 2012, then start date would be 1st Oct 2012, and she can go for H-4 stamping 90 days prior to that. However, she can enter US on H-4 at most 10 days prior to H-1 employment start date (which is 20 Sep in your case).
Can she go for F-2 stamping? I am not sure if that is possible or not as you are on OPT now, but it’s worth looking into it.
My name is Kumar. My wife is already has an H1B visa and worked in US. Now she resigned the company and will be travelling with me on H4. I have 2 questions.
1)So while H4 stamping will they cancel the H1 visa?
2)After coming there if she wants to work there can she be able to work on H1 which she is already having?
1. They might cancel the visa stamp in her passport.
2. Yes, an employer can file H-1 petition for her (cap-exempt) along w/ COS (change of status from H-4 to H-1). Once these are approved, her status would be H-1 and she can start working for that employer.
HI,
Iam Alka iam in US on the H4 visa, my visa was expired on 10 oct 2011 (according to I94), I have already filed my extension for the H4 on 8th oct 2011. Now i find a company who is ready to sponsor my H1 visa. If a company filed my H1 and it get rejected by USCIS, then what will impact of this on my H4 extension filed before?
Is there any chance that just because of this new H1 petition my H4 extension will get rejected by USCIS
H-1 rejection wouldn’t impact H-4 extension.
Hi
this is my situation .currently on h4 since my project completed in july 2011.i am on h1 from 2003 and my gc is on EB3 with I140 approved.does my company need to refile the h1 or revalidate it?also does new h1 rules apply me?if my company is not willing to revalidate my existing h1 can i apply h1 with different comany?
thanks
Mansi
I am not sure how much time you have already spent in US on H-1. But usually if one has approved I-140 they can apply for 3 year extensions post their 6th year on H-1. So you should be able to do that either through current employer or through a different employer.
HI,
Iam TARU iam in US on the H4 visa, my visa was expired on 30 sep 2011 (according to I94), I have already fill my extension for the H4 on 8th oct 2011. Now i find a company who is ready to sponsor my H1 visa. So my question is :-
1. Can Company fill H1 visa will my H4 extention is already in progress.
2. if the company fill H1 and it is not approve my the USCIS, then what will happen to my H4 extention petition which was already filled on 8th Oct 2011.
3. Should i wait for the Approval of the H4 extension and then ask the company to fill for COS from H4 to H1 or it is save to fill COS from H4 to H1 now.
First of all, your extension should have been filed before expiration of old I-94. Extensions are approved only when they have been timely filed i.e. while you are still in status or in other words I-94 hasn’t expired yet. When did your husband’s I-94 expired and when was his extension filed?
1. Yes, then can. However, this would result in a race condition if both H-4 extension and H-1 w/ COS are approved. There is something called “Last Action Rule” and your final status would be determined by the petition that gets approved later. So if H-4 gets approved followed by H-1, then your final status would be H-1 (assuming H-1 is approved w/ COS).
2. H-4 would continue to be processed and may get approved or denied.
3. There is little chance that COS would be approved now as your I-94 has already expired. If you don’t want to miss out on the quota, then your employer can file just the H-1 for now (w/o COS). Once you have the new I-94 (either through extension or by traveling out of country and re-entering US on H-4), then you can file for COS from H-4 to H-1.
Let me know if you have additional questions.
Saurabh,
Thankyou for your reply. My husband visa was also expired on same date and His Company has filed extension for H1 (for him) & H4 (for me).Please tell me What will be affect of this COS from H4 to H1 on the extension of H4 that my husbands company filed on 8th oct 2011.
Thankyou
IMO it would effect your COS, your H-4 extension and your husband’s H-1 extension as well. Your extensions might be denied because your extensions were filed after your I-94 had expired. Your COS may be denied because it was filed after your I-94 had expired. Your H-1 can still be filed and may get approved but COS may not get approved.
Hi,
I am in a similar situation..
I came to US on H4, dependent on my husband’s H1. I have an employer who is ready to apply for my H4 to H1 conversion in this year’s quota. But I have an issue,
1. I-94 of my H4 got expired on Aug, 2011
2. We applied for H4 and (my husband’s H1) extension on Jun,2011
3. Got an RFE for husband’s H1 on Sep,2011
4. RFE is answered in Nov1,2011. Application is upgraded to Premium.
5. We are expecting the answer anytime in the third or fourth week of November.
a) Now my question is, will there be any problem if I apply for new H1 (H4-H1) even before the H4 extension result is known? What sort of complications are possible?
b) Should I wait till the H4 extension result is known?
c) If I wait, I am afraid that the H1 quota for this year might be completed!
I am unable to decide upon this. Please give your valuable suggestions..
Thanks.
a. Your COS may be denied as your I-94 has already expired.
b. Filing after receiving H-4 extension would increase the probability of getting COS approved (as new I-94 would arrive w/ H-4 extension)
c. Your employer can file H-1 now w/o COS. This will allow you to make through the quota. Once H-4 extension is approved, you can apply for COS (I am not sure if it can be applied while H-1 is pending, but it can definitely be applied once H-1 has been approved).
Hi Saurabh,
Thanks for your reply. But with this situation, credible employers are not ready to file for my new H1 since they donot want to take risk. I am not sure if I would be able to make through this year’s quota, if I wait for my H4 extension’s result which would take atleast one more week.
I want to know the projected date for this year’s quota completion. Is it true that out of 65,000, 6200 visas are allocated for Singapore and Chile. In that case I think there are very few visas left over. What would happen if there are unused visas out of those 6200. Are they counted in this year’s cap or saved for the next fiscal year?
Thanks for your information.
Quote may get exhausted by 1st or 2nd week of December. Yes, 6800 visas are set aside for H1B1 category. However, they also add unused numbers from last year’s H1B1 category to this year’s quota. As the category is underutilized, USCIS ends up accepting close to 65K petitions.
Also, one more question..
What are the steps involved in applying for H4 to H1. As far I know,
1. Applying for LCA. getting it approved
2. Applying for new H1 B along with H4-H1 COS.
Can step 2 be applied either with or without COS?
If I need to apply for H1B without COS, what are the documents needed?
Yes, those are the steps.
The only difference in documents when applying w/ and w/o COS is that in latter, you don’t need to submit proof of maintaining legal status in US (i.e. H-4 visa and spouse’s H-1 payslips). You still need to submit rest of the documents that include those related to employer, proposed job, education, experience letters etc.
Hi Saurabh,
Thank you for your reply.
I got my H4 visa extension approved today ! We saw the status change online. So, I can go ahead for filing H1.
The H1 checklist includes:
H4 petition
I-94
Husband’s H1 petition and
Husband’s I-94
We verified the status of h4 extension (and husband’s h1 extension) to approved, today evening in the USCIS website. Would the soft copies of these documents be mailed immediately to the employer?
Or would it take sometime to get these documents? In that case, what is the option I have for applying my H1?
-Geetha
Your employer can start the process by filing LCA etc. Meanwhile your husband’s employer should receive the approved petitions within a week or so. They can then provide you those documents, which you can mail to your H-1 employer. Photocopies of the approved petitions need to be submitted along w/ your filing.
If those documents don’t arrive on time and H-1 quota comes closer to exhaustion, then you can decide whether to take the risk of filing w/o those documents or not. It might be a calculated risk as USCIS would issue RFE for those documents, which you can then provide. Check w/ your employer/attorney on how viable this is.
Hi Saurabh,
Thanks for your quick response.
My employer is ready to file with the available documents with approval mail from USCIS (without new I94 and H4 extension approval photocopies) and see what happens.
Also, can you let me know what is Alien “A” number for H4 and for H1?
And is there any I-797 for H4? I got my last H4 visa stamped in India before entering U.S. Hence I believe I-797 is not applicable for me. Am I right?
Thanks.
Alien number is the I-94# you guys have.
There is no 797 for H-4. You will have to submit the H-4 extension document that USCIS has sent you (I think it is I-539).
Ok. Thanks for that.
One more qn.. Would there be any issues, if a candidate applies for H4-H1 through multiple employers? Is it legal? What are the issues that I can foresee?
No, it should be fine. Multiple employers can file for H-1 along w/ COS from H-4 to H-1. Your status would be H-1 as soon as any petition gets approved and COS date comes into effect.
Hi Saurabh,
My employer posted out the papers for my H1B yesterday. Hope I make it through this year’s quota.
I need another clarification. I hold B.E Comp Science degree from University of Madras in India. Is it still needed to submit the foreign degree evaluation while filing for H1B?
I am not sure if my employer has done it. If it is not submitted, would it cause any problems?
Thanks.
Yes, it is still required to submit education evaluation (I know people who passed out from IIT and had to submit that document). If it is not submitted initially, and USCIS needs the same, then they would issue RFE and your employer can submit the document then.
Ok. I see there are several organisations providing evaluation services. Is there any preferred organisation where I need to get it done?
I also read that I need to submit the original degree certificates for evaluation. Is it true?
Thanks.
I don’t think there are preferred agencies, but I also don’t know how to know if the agency is credible or not.
When my degrees were evaluated, I didn’t send the originals. But I know there are agencies that emphasize on originals being submitted.
Hi Saurabh,
Thank you very much for all your replies.
My I-129 petition got approved yesterday! 🙂
My employment start date is mentioned by the employer in the jan 3rd week. Does it mean that I have to start working exactly form that date?
Apart from getting SSN, is there any other formality to be done before I start working?
Congrats Geetha.
Your H-1 must have come w/ an I-94 attached. You need to start working on H-1 from the date mentioned in the I-94. SSN is the only thing I can think of, but you may not be able to apply for it until after that I-94 start date.
Ok.
I also need advice for planning India trip. I am planning to visit India 3 months after I start working on my H1b. Is it advisable? Do you foresee any issues while H1 stamping?
My work would be Employer-Vendor-Client type.
Thanks.
EVC model is always tricky. You can be asked for not just the contracts b/w all entities, but also details on employer-employee relationship.
Hello,
Im on H1B visa and it got expired on 30-Sep-2011.My dependants visa(H4) was also getting expired on 30-Sep-2011 so as the I94.
I was told by my employer that both H1 & H4 extension were filed together on 30-Sep-2011.We have received two seperate file number for our petition.
However ,as per the status reflecting in USCIS website indicates that my (H1B) application was received on 30-Sep-2011 where as the I539 for my dependants where received on 19-Oct-2011.
Is this is a concern for my dependant ,as my husband is trying to file his H1B based on this file number.
Was he out of status from 30-Sep till 19-Oct ? Will this create any kind of bad history in USCIS records ?
Kindly seeking your valuable advise
Many Thanks
If your dependents’ I-539 received on 19-Oct, then they were out of status after 30-Sep. Contact an attorney as soon as possible.