- 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,
My company changed my LCA to working in client location. So the LCA is yet not approved but my manager asking me to submit the applied copy for visa interview.
Will it work or do we need to have the approved lca?
I will be w8ting for your reply.
Have a good day.
Kumar,
IMO, you need to have a certified LCA when going for H-1 interview. In addition, you might be asked for H-1 amendment if you have changed the underlying LCA.
Hello,
Hello,
My current Visa status is H4 and i have the stamping in my passport for the same till 2013.
My employer wants to apply for H1B visa on April 1st 2012 for 2013 cap.Is it advisable to visit India when the process is going on?(I.e i would like to leave US in March and return in late May or early june).
Thanks.
Sudha,
If you leave US while your H-1 is under process, then your COS would be abandoned. This means, your status would remain H-4 when Oct 2012 arrives. To go to H-1 status, you will have to file for COS again or get H-1 visa stamped from a consulate. The other option is to file H-1 petition w/ COS after you return to US from India.
Thanks a lot for the prompt response Saurabh.
I have filed LCA for location transfer within same company. I am planning to travel to India after this. Will I need to have visa stamped while coming back to US.
Deep624,
If your current visa stamp has not expired, then there is no need to go for another stamping.
Hi Saurabh,
Real good work you are doing here…Congratulations and good wishes.
My husband is here on L1 and I am on L2 with EAD. We both are working. However, we both want to apply for H1 in 2012, as we are not sure how long his current company would want to keep him here. My questions are:
1) After applying for H1 petition, can we travel to India for a visit, before Oct 2012!?!
2) If our petitions get approved, will we be able to continue with our current employers till Oct 2012!?!
3) After getting H1 through a good consulting-recruitment firm, how long can we be without actually landing up with a project !?!
4) Assuming that our H1 petitions get approved, If need be, can we travel to India for a visit post Oct 2012, without a project !?!
5) If my husband gets his petition approved, while mine gets rejected, is there a way that he could surrender his H1 back and be on L1 so that I remain on L2!?!
The India visit is so important as my brother in law’s marriage mite get fixed soon.
Thanks!
Annu A,
1. Yes you can, but if you leave US then your COS would be abandoned. This means you will have to file for COS again after reaching US, or get H-1 visa stamped at a consulate and then enter on that visa to work on H-1.
2. You will have to work for current employers until your status changes to H-1 (either through COS or by entering on H-1 visa). Once your status changes to H-1, you will have to work for H-1 employers.
3. On H-1, one needs to get paid regularly. If the company pays you only when you are a billable asset, then that means you need to be billable from very early. If the company pays you even when you are on bench, then that’s sign of a good employer. Besides, client/project details need to be submitted at the time of filing; so you may have a project by the time your H-1 starts.
4. In this case you will have to go for H-1 visa stamping, at which point project details will be asked. You can read more about H-1 visa stamping experiences on this blog or online elsewhere.
5. In that case, he will have to enter US on L-1 visa stamp, or file COS from H-1 to L-1 and go back to L-1. If this takes time or doesn’t happen immediately after his H-1 starts, then you will have to move to H-4.
You can read more about COS here.
Hi Saurabh, your answers are very detailed and explanatory.
I am on H1 which is going to be expired on June, I have filed an extension through my company. My wife works for the same company and she has an L1. Now because her project got completed she has moved back to India.
I am thinking of bringing her in H4 and then file an H1 through some other company. Here are my questions
1) Is it good to bring her in H4 before my visa expires and file her H1 (I am aware that she has to wait for 30-60 days to file her COS)
2) If I file for her H1 now, is there a possibility to get the H1 by Oct 2012?
Thanks
Kripa,
1. She can go for her H-4 visa stamping. If approved, it will be valid till your petition expiration date. Once here, she will have to first file for H-4 extension, which would allow her to stay beyond June 2012, and also apply for H-1 w/ COS effective from Oct 1, 2012. Once her H-1 gets approved and becomes active, H-4 extension should be withdrawn, else it’s approval will put her back in H-4 status
2. H-1 cannot start until Oct 1, 2012, and cannot be filed until April 1, 2012. It’s tough to estimate how much time it would take, as it would depend upon the processing center and the load at that center.
Hi Saurabh,
I gone through your answers. Your answers are pretty intresting and encouraging. Keep posting these kind of articles
This is kumar from Hyderabad. My company asked me to attend interview in Chennai consulate. Will it effect my interview?
If VO ask, instead of hyderabad y did u choose chennai for Visa interview.
I will be w8ting for your reply.
Have a good day.
Kumar,
Sometime ago I read on VFS site that they are allowing candidates to go to any consulate of their choice. However, its better to contact VFS and ask about their latest policy on the same. Is the system allowing you to select dates at Chennai consulate even if you mention your state of residence as AP?
Hi Saurabh,
Is there a wait time before a H1B holder can transfer her visa. My wife was working in US for 4 years on H1B visa before she went to india in November 2010. Now she had come back last week. Can she immediately transfer her H1B visa to a different employer or she will have to wait?
Also considering she was out of India for more than a year, is she eligible for another 6 years extension to her H1B?
Thanks
Yes, she can file for H-1 transfer anytime she finds an eligible employer and job. There is no wait time. She may be asked for her payslips for the 2010 and the most recent ones (depending upon how long it takes for the new employer to send the petition to USCIS).
Did she go through the cap again before entering US on H-1? If no, then her clock has not been reset. To get another 6 year extension, a person needs to spend at least 365 days outside US, and also go through the cap again.
Is rule gonna be change fr h4?Heard that the policies are going to get changed so that h4 can work..is is true?
yea..I too heard about it from hindu paper. Link for that article below..
http://www.thehindu.com/business/Economy/article2858021.ece
The rules haven’t been clarified yet. The interpretation is that H-4 can work once employment based GC has been filed after staying some set years in US – but it’s not clear whether it’s after 485 has been filed or whether it’s after labor has been filed.
I even also heard the same about the H4 can work now. Do that (H4) need to stay without job for 4-5 months and then only he/she can get the work permission. In the news some date is also specified for the decision 22 Feb 2012. Is it true.
Rama,
I would suggest waiting for more clarification from DHS and not rely on people’s interpretation until then. Keep following DHS site for more information from them, as that’s the official source. Anything other than DHS press release may be heavily editorialized.
Hello Saurabh,
I am currently working in a Chinese company and have been in China for almost an year. Now I am planning to apply for Student Visa. Will my stay in China cause any issue in Visa stamping, because in one of your posts you have mentioned, a security threat may lead to visa issues?
Thank you.
You might be questioned about your trip to China and what you did there. Based upon what specialization you would be doing, you may be put in additional processing or not.
I have friends who have visited China and then worked in US w/o any issues, so it’s tough to generalize. It’s just something you need to look out for and have contingency plans.
Thanks a lot for the reply. But the specialization I will be doing is the same as the work I am doing currently. What precautions do you suggest I should take?
Just be precise and to the point in your answers. It would then up to the VO to put you in additional background check, or approve the visa there and then.
Good luck!
Thanks a million for the reply. You are doing a great job. In fact I was very surprised when a saw the reply come so fast.
Kudos to you.
Hi Saurabh,
I managed to find a consulting company to file my H1 on April. I am currently on H4. But the consulting company is demanding for a 2 year bond from my end. Is it advisable to get into a contract for 2 years with a consulting company? What are the legal consequences that would arise in case the contract is broken before 2 years.
Usually bonded labor is not allowed in US, and either the company or the employee can terminate the relationship by giving reasonable notice period. If you leave, then the employer can sue for business losses, but then they will have to show those losses in the court. They just can’t demand any number that comes to their mind. In addition, those losses should be pro-rated and decrease as one spends time w/ the company. At times, such contracts are used as fear tactic.
For the peace of mind, you can get it reviewed by a labor attorney as well.
Thank you for your prompt response on this Saurabh.
Hi Saurabh,
I did my MS in the US , worked there for a while and then moved back to India last yr. My fiancé is working in the US and we plan to move there next year (2013) after our wedding. Are my chances of getting the H-4 visa more difficult than those who have no prior degree or work ex from the US?
Also on approval of the H-4 visa what is the earliest and the latest that i can move to the US (like within a month or even after 6 months)?
Please let me know.
Thanks and appreciate your help.
It wouldn’t be a big disadvantage to apply for H-4 after doing Masters from US. Just be confident and answer them to the point that you do not plan to work in US on H-4.
You can travel to US anytime after H-4 has been approved. Is your fiance already working on H-1; if not then when will she apply for her H-1?
She is already on h-1 … Infact her GC process has started as well but won’t get it for another 3 yrs or so.. H4 is an option am looking although am trying for a full time job either through IT companies in india or though networking with firms in the US…jus wanna know my options…
Again thank you for the reply
Once you are married, you can immediately go for H-4 stamping (provided you have a marriage certificate). Once stamped, you can enter US soon after that. There is no wait time to move to H-1 after entering US on H-4, provided the quota is still open. However, it is recommended to wait for at least 30-60 days before filing for COS to H-1.
So is it 30-60 days after my h-4 stamping or after I enter the US??
After you enter US.
Also ideally how long should one wait before converting from a h4 to h1??
hi Saurabh
My wife came on H4 visa on 24th January,2012. We managed to find a consulting company who is ready to file H1b for my wife on 1st April 2012. Is it ok to do that ? (considering just 2 months spent in US on H4). Or shall we wait for some more time?
Also , she is getting calls from other companies as well. But since the 6 months GAP (from April 1st to Oct 1st) , we know that this option is not feasible. During this time, if she gets hired, can she work as a volunteer to this company without getting paid? Is it illegal to do that?
Thanks
Leslie Dmello
1. That should be ok
2. She can volunteer only if there are other employees in the company doing similar job as volunteer. So she can volunteer in say Red Cross, but she cannot volunteer in Google.
Hi Leslie,
I am also in a similar situation as urs. Could you plz let me know abt the consultants who can sponsor visa for my wife as well. I am looking for such consultants/companies who can help me.
Thanks,
Durgesh
Hi Saurabh,
Thanks for the wonderful job that you been doing in resolving so many Visa stamping issues.
I came to US from company A and have a visa stamped from company A till September 2012. I transferred my visa to Company B and since then have not got my stamping done as I already have a valid visa. Now I am getting married in Feb 2012 and will have my wife go for H4 visa stamping say within 2 weeks of the marriage. However, I will be returning back immediately to US before even she goes for the Visa stamping.
1. Do you think there could be issues with her visa stamping given that I still have a visa stamp from my old employer and not the current one?
2. Do I need to send her my original I-797 or just the copy should suffice?
3. Should I take the interview date after the marriage or is it OK to schedule the appointment before the actual marriage date or before we have the marriage certificate.
Any suggestions around this would be greatly helpful.
1. No issues as long she has all the required documents
2. Copy is fine
3. Her interview appearance date should be after your marriage and after you have received the marriage certificate. That document is almost a must to show that she is eligible for H-4 visa.
For how long can a person stay in the US on a B1 visa. Why can’t a person stay on B1visa and keep travelling to India every six months. Then, the person does not need H4? Is this feasible?
A person can stay on B-1 as long as the I-94 is valid, and should leave US before it’s expiration. If a person wants to continue to stay in US for longer, then they need to file extension of status along w/ a valid reason for the same.
Each visa is meant for a purpose. H-4 is for family reunion and allows one to stay in US until primary beneficiary’s H-1 is valid. B-1 is meant for tourism, business meetings, trainings etc. and the duration is provided for those purposes only.
Hi,
I wanted to understand what the restrictions are when you move onto a H4 visa. Will I not be able to work for six months before applying for H1 jobs? If I get a H1B sponsoring job, can I shift from H4 to H1B immediately?
Thanks
There is no 6 month wait period. The employer can file H-1 petition for you soon after you enter US. However, if it is applied for within 30-60 days of entering US, then USCIS may question the intent of entering US on H-4 just to move to H-1.
Hi Saurabh,
I am on opt here in USA working since last year, my question is if i marry a girl in india can i get her here on H4 or do i need to be on H1 to sponser her H4.
Please give your suggestion.
Thank You,
If you are on F-1, then she can come to US on F-2. Once you move to H-1, she will have to come on H-4. Also, if she comes to US on F-2 and you move to H-1, then she would also need to move to H-4 by applying for COS.
Hi Saurabh,
Can you tell me any site where i can check my education is sufficient to get the job in my field
Thank
Tanu
One requires 4 years of Bachelors degree equivalent to US Bachelors to qualify for H-1. For each missing year of education, one needs to have at least 3 years of relevant work experience.
You can get this evaluated by submitting your information to any education evaluation agency. I don’t know of any, but you can either search for them online or approach the agency that did the evaluation for your husband (your husband should be able to get that information from their attorney or may already have it as part of the package submitted to USCIS).
Hi Sourabh,
I am an H4 holder from last couple fo months and I am trying to get a job in North Carolina. I have one year experience in Electrical industry in India. After that I have pursued MS in Management from a reputed business school of United Kingdom. It would be truly helpful if you kindly advice which kind of companies are willing to sponsor H1B. What I mean is if there are websites/ any other source of information which would give a comprehensive guide of employers who sponsor H1B and their current vacancies.
Thank you in advance.
Try following avenues for finding potential sponsors:
– your network of friends, colleagues and family
– job sites like dice, monster
– list of past filers on site like FlcDataCenter
The other thing is what kind of job you want to do. If you are constrained by location (i.e. NC), then you may not find enough employers sponsoring H-1 for jobs of your liking. So you may either have to change the industry you are targeting or expand your search. You can decide to stay away from NC for few months, and then apply for H-1 transfer to a company in NC.
Thank you so much for your reply!
Hi Saurabh,
Its really exciting to see the website and the guidance you provide.
Could you please clarify the below.
I am a H4 Visa holder currently in NJ. I got 4+ year experience in Banking plus additional 4 year experience in government job from India. I did my degree in Banking through correspondence and got international certification related to my work. I am looking for banking jobs related to my experience in the field.
1) Is it possible to get banking jobs in NJ with H1B Sponsor.
2. If someone is sponsoring and filing for H1B, is it possible to start the work immediately.
3. what all are the documents i require for filing H1B.
Regards
Arun
1. Are you referring to Teller positions or Investment Banking? The former is not possible, while the latter is.
2. H-1 can start only on or after Oct 2012 now as the current quota has exhausted
3. From your side your degrees, mark sheets, resume, experience letters, I-94, copy of spouse’s H-1, spouse’s payslips and W2s are needed. Rest of the documents are required from employer side.
Thanks Saurabh,
Regarding the answer 1, the position is related to Operations on Letter of credits. Is there any chance for getting jobs related to that.
One more question on I-94 while i got extension last month with premium process, my Last name was misspelt with some letters missing. Its an operational error from USCIS.
From the above, 1) Will it be a problem while i found H1B sponsor and submitting documents.
2) What is the time duration if i am requesting for correction on I-94.
Thanks.
You can search for openings on sites like dice, monster etc. If there are none, then probably that’s not in demand.
If it’s just the error on the I-94 and 797 is fine, then you should be ok for now.
1. I don’t think it will be an issue, but it’s better not to take chances.
2. You will have to contact CBP (or probably USCIS as they issued I-94 this time) to correct the I-94. I don’t know the processing times. If you have a CBP office in your city, you can call them and discuss the same w/ them.
Thanks Saurabh for your valuable inputs.
Hi!
I have few doubts if you can help me with this it would be really greatful.
I came to US in Aug 2011 on H4 visa and now I am planning to start looking for a Job. I have done 3 years Bachelor of Computer Applications (BCA) which is equivalent to Indian BCA degree, and 2 year The Master of Computer Applications (MCA which is a 3 years PG degree)
I got married and came to US when I was doing my MCA 5th semester so I don’t have a completed master degree but I can provide my first 4 semester mark sheets.
Questions
1. How to know that whether this is equivalent to US degree.
2. Do we need 1 year past experience in a company to file H1b visa.
I am worried, I don’t have any past experience.
3. How difficult is it for me to get a full time job or is it better to
approach consulting companies
Thanks in advance!
1. You need to submit your information to an education evaluation agency, and they will let you know. As you didn’t complete your Masters degree, and have done only 3 years of Bachelors, I don’t think you qualify, but you can still get it reviewed by the agency.
2. No experience is required if a person has equivalent of 4 years of US Bachelors. Otherwise, 3 years of progressive work experience is required for each missing year of education
3. As you don’t have any work experience, finding employment w/ direct employers is comparatively more difficult
Hello
Both my wife and me are having H1B/H4B visa approval notice and are planning to go back to India for stamping and assume that we got stamping done.
My wife will stay back there and will try for L1B from her employer.If worst case L1B gets rejected,can you confirm if she can travel back to US with a stamped H4B to join me.Will something is going to happen for H4B in the event L1B is rejected.
Please confirm this and it will be of great help.
Yes, she can travel back to US on H-4 visa stamp. Usually they do not cancel existing valid H-4 visa stamp in case of rejecting L-1 visa.
Thanks for the confirmation Saurabh.Really appreciate the good work you are doing here.
Hello Saurabh,
I had H4 visa interview in chennai, They had taken my passport and issued pink slip to me.
They said that the case need further processing,which may take 8 – 12 weeks.
Kindly let me know whether it is refusal or pending process.
Can i expect H4 visa?
It is not a refusal yet. They would complete their processing, and finally approve or reject the visa stamping. Did they ask for any documents for submission?
Hi Saurabh,
Officer gave me pink slip and send to another counter.
They asked some details regarding my previous trip to germany and about my present job.
Informed me that as of now ,no further information is required,if requires they said will mail me.
Pink slip is usually given out when the interview triggers TAL. What’s your educational and professional background? They will do a background check to see if you are a threat to research, IP (intellectual property), and then approve/reject the visa stamp.
Hello Saurabh,
I completed my B.tech in Electronics and has 2.4 years of experience as a Software Engineer in same filed.
Recently my company sent me to Germany on july 2011 for a 3 months training,which is also stamped in my passport.
Please explain me regarding my case
Their TAL is pretty exhaustive, and something in your profile might have triggered it. Submit the documents they have asked for, and then wait. Usually pink slip cases get resolved w/ approval. It’s just matter of time. It can take as less as 1 week or as much as 8.
Hello Saurabh,
They didn’t ask for any documents..
They also informed me that the process will take 8- 12 weeks
Probably b/c you are going on H-4 and not H-1. The only thing you can do now is wait for them complete the processing.
Good luck!
Saurabh
I have a very basic question. I’m sure you’ve answered it in one of the other posts but I’m still unclear so don’t mind the repetition.
Backgroud – I am on H1B. My wife is on H4 and has been in the US on that status since Dec’2011. She sees some prospective job opportunities open up for her soon. The employers are ready to file for her H1B when the quota opens up in April’12. She does not intend to travel outside the country for 2012.
Question –
Is there any way that she can convert her status and begin work before Oct’12. Or does she necessarily have to wait till Oct’12 inspite of having her petition and COS approved much before that and inspite of being physically present in the US all along.
&
What is the difference between COS w H1 and that without.
Thanks
She cannot start to work prior to Oct 2012.
When approved w/ COS, her status would become H-1 from the approval date and she can start working on H-1 w/o needing to go for H-1 visa stamping. If approved w/o COS, she will have to get H-1 visa stamped from a consulate and then enter on that visa stamp before starting to work on H-1.
In effect what you’re saying is that she cannot receive her w/ COS approval with an approval date prior to Oct 2012???
Thanks for your prompt reply by the way.
Yes. Even if they approve her H-1 prior to Oct 2012, it will have a start date (or effective date) of Oct 1, 2012.
Hey Shantanu,
we should get in touch.. we might help each other.
respond to comment here if you want me to share my mail id.
Cheers.
Hi Saurabh,
My husband is going to US in H1b(in Feb 2012) and I am also planning to go there after 5 months but my visa status will be H4. I am into IT and having a rare skill which is very much demand in US, BTW I going New York. I just want to know that how diffcicult is it to convert H4 to H1(I heard from someone that(H4 to H1) is illegel is it?). I am 5+ years of exp in IT and Masters degree also. Tell me the process of converting the visa status.
Even if I need to pay for the H1 I am ready for that also. Please tell me the right direction.
Thanks in advance!
First, it’s not illegal to convert from H-4 to H-1. Second, it is illegal to pay for your H-1 processing fees.
I assume you will be in US by May-June, and FY-13 quota will still be open at that time. Here is what you can do. :
– find employers who sponsor H-1s and have positions open requiring your skill set. You can search for these either through your network of friends and colleagues, or on job sites like dice, monster or by going through list of past filers on FlcDataBase website. You can do this homework while you are in India
– see specific eligibility and requirements for your preferred positions, and start working on those gaps while you are in India
– do background check on the employers you have short listed, as not employers are credible and it’s difficult to get approval w/ non-credible ones. Try to work in EC model as much as possible
– send your documents to the employer, and have them file H-1 for you along w/ COS (change of status)
– once approved, your status would be H-1 from the COS approval date, and you need to start working and getting paid on H-1 from that date irrespective of whether you have a project or not
Let me know if you have any other questions
Hey Saurabh… thanks a lot …. this will really help me….
I have seen many job openings in NY and many other places of US where I can fit myself but problem is many of my friends, who are already working in US, saying that compnies in US donot prefer the people who are in H4 as they then require to change its visa status, they donot want to take that much pain. So how dificult it is to get it convert or finding the sponsor. If any thing which I can do from India for the same please let me know.
Thanks in advance……..
Direct employers do not file H-1 visa for candidates who are on H-4. Usually it’s the consulting companies that provide sponsorship to such candidates. So you can approach such companies, and once you have worked for them for sometime start looking for better employment opportunities.
Also, I expect the quota to remain open until Oct-Nov this year. If this happens, then you can approach those direct employers in Aug-Sep and ask them for sponsorship. Most of the times these companies do not file H-1 for H-4 candidates as they have to wait until Oct for them to start work. So if you approach them in Aug-Sep and they file H-1 for you, then they have to wait for only few weeks to a month for you to start working on H-1 (if filed under premium processing). So that should ease some of their concerns.
Thanks a lot Saurabh for such a quick and satisfactory response. Helped me a lot.
No problem. Let me know if you have any other questions.
Hey Saurabh ,
Could you kindly tell me the kind of salary a candidate can expect after an MS in Electronics and Comm in the US ? Provided he has completed his B.E in a reputed university in India with a good aggregate and extra-curriculars . He/She has no work experience ,i.e, they went to the US immediately after completion of their B.E .
I know the question might be vague , but any input you can provide will be very, very valuable as I hail from a family of limited means and finance is a huge issue .
Thanks a lot !
I don’t know what kind of salary one can expect.
Hello Saurabh,
Do we need 1 year past experience in a company to file H1b visa?
That is not a requirement. A person needs 16 years of education including 4 years of college degree equivalent to US Bachelors. Work experience is requirement only if the person doesn’t fulfill the education requirement.
Really you are doing great job.thanks in advance,
I want to know about the job opportunity in pharmacetical industry.I m on here on H4b visa.I m bachelor of life science and I have 3+ yrs experince as Clinical Research Coordinator in India.I m looknig for job in New Jersey.Is my education and experince are sufficient for getting job.Do if have idea about consultants who can file a visa for me?
Thanks
Tanu
There are lot of pharmaceutical companies on the east cost. I am not sure about their locations, but I know they are more in abundance on the east coast than on the west coast. You can find those companies, or approach CROs. You can find the employers either:
– through your network of friends, family, colleagues
– job sites like dice, monster
– past H-1 filers on FlcDataCenter
Saurabh,
I am in US in L1b visa. I am trying to change it to h1b visa. If an employer is ready to do my h1b with COS and application get rejected , will my l1 visa get affected. Also do u see any another problem as such in converting to h1 in the current scenario.
Thanks
Ash win
If H-1 is denied, then it won’t impact your already approved L-1. Chances of approval will depend upon lot of factors including your profile, adherence to immigration laws, employer profile, proposed job etc.
hello i want visa in usa for work i am 19 year
Hi…,
My ex employer applied h1 visa for me in the 2010 and the petition got approved till june 2013. Before i could get it stamped , i came to USA on h4 along with my husband and resigned my job . Could you please let me know the possibilities for reopening and change of status of visa if i would like to work. Is there any possibility of cancellation of visa by ex employer?
Thanks
Same employer or a different employer can file COS for you. When the old employer does it, it would just be COS. If a new employer does it, then it would be COS + H-1 transfer. You will not be subject to cap and can start working as soon as your COS gets approved.
Thanks alot Saurabh.
Hi Saurab ,
My employer filed for h4- h1b visa on aug 24 2011. In Dec we upgraded it to premium processing , i received a rfe and answered on Jan 9 .
Now my visa status online is showing denied .what options do i have next . ? can i re-apply . Please help
You can re-apply but in next fiscal year i.e. after April 2012. As your petition has been denied, you are no longer considered to have made through the quota. You have the option of either applying through the same employer or a different one.
Thanks Saurab ..
I have few more questions
Actually i have job offer from client now , i was hoping to get h1b
really disappointed it got rejected ..
in general what are the chances of denial ? i assume only 5-10% of petitions are denied ..is that true
2)If i file h1b for april 2012 quote ..do i have to wait till oct 2012 to work?
if my h1b is approved ..Can i get ssn immediately ..
1. I don’t know about the statistics, but off late there has been a huge uptick in the number of denials. For small to medium size companies working in EVC or EVVC model etc the number is pretty high, but for large firms or those working in EC model, the number of denials are pretty low. Was yours a pretty small employer? What was the RFE about?
2. Yes, now you have to wait until April to have the petition filed, and October to start working on H-1. You cannot get SSN until your H-1 and COS get approved.
my hubby’s h1b is on hold due to 221(g).
1)Can he apply for H4 dependent visa in this course and to enter US with me.
2)Is it possible to convert from H4 to H1, while being at US.
Please answer my queries.
1. Yes
2. An employer can file for H-1 w/ COS and once approved, he can start working on H-1.
Thanks for the reply. I have doubt on your #2 reply. So you mean that if he is in H4 and with me in US, once he gets H1B visa ( as he already attended interview, he may need not to re attended it for 221g), he can start working on H1 without re-entering US just by COS ?
That is correct. If his H-1 gets approved w/ COS, then he can start working on H-1 from the approval date. He would still need to go for stamping next time he travels out of US.
But he already gone for stamping for H1B and he is in 221(g). So my question is if he submits documents specified in 221(g), then is he need to go to consulate once again?
if no need to go to consulate onceagain for H1B, and he gets H1B, then is there be two visa status H4 and H1B in his passport? or consulate change H4 to H1B (C0S) once they get his passport via VFS during H1b stamping ?
You are mixing two things here – 221g process happens outside US and is handled by DOS. COS happens inside US and is handled by USCIS.
When your husband enters US on H-4 visa stamp and applies for COS, it will not be related to the 221g. If the COS is approved, then his status would be H-1 and there is no need to go for immediate stamping as long as he continues to reside within US.
A person can have multiple visa stamps in the passport, but can hold only one visa status while within US. This is determined by the latest I-94 approved for that alien. When your husband enters US on H-4, he would be handed an I-94 w/ H-4 annotation. Once COS is approved, he would be issued another I-94 w/ H-1 as annotation putting his status to H-1.
Does that clarify?
I hold H1 visa and mu hubby’s H1 is on hold due to 221g.Suppose If i process our kid’s h4 on my approved H1,
1) Can my kid can travel and enter US on my H4 with hubby when his h1 is stamped.
2) Or whatelse the option for my kid to travel with my hubby.
1. Yes the kid can come along w/ the husband. They would need your visa and employment documents at that time. The PoE officer may question about it, but it should be ask as long as your husband is able to explain the situation and have the necessary documents.
2. The other option is that your kid goes for H-4 stamping through your husband once his H-1 gets approved. They can then enter together.
Saurabh –
Could tell me the formalities for getting ead and approximate time for getting ead from the time of application.
Thanks
Ashwin
There is an article on this blog related to EAD. You can go to Archives section (top nav) and then search for EAD. That has all the information you are looking for.
Hello Saurab,
I attended H4 visa interview today,it is sent to process under 221(g).
They said that with in 8 – 12 weeks i can receive the VISA.
Kindly clarify the below questions:
1.My plan is to enter into US(in May) with H4 visa and get change to H1 by applying in June.Please let me know that starting of H1 filing in june 2012, will be ok to get visa processing done before oct 2012?,please also tell me which will be safe time to start processing?
2.For H4 – H1,can we directly start the h1 application process?
or we need to send the marksheets and get approval?
or is there any other process to complete before filing h1?
3.Approximately how long the whole h4-h1 can take?(Please atleast answer approx time.)
4.I have done 3 years B.Tech which is equivalent to Indian B.tech degree,
How to know that whether this is equivalent to US degree before coming to US?
Thank you for reading this (long)message.
Hope you will reply soon.
Lavanya S
1. H-1 petition may take 2-6 months to process. Depending upon when you file, you can decide whether to file w/ premium processing or not, to get result before Oct 2012.
2. For any sort of H-1, all the basic required documents are needed and this includes mark sheets, degrees, employer related documents, resume, experience letters etc
3. 2-6 months under regular processing, and 15 calendar days under premium processing. If RFE is issued then it can take longer
4. To be eligible for H-1, one needs to have 4 years of college degree or at least 3 years of work experience for each missing year of education. How many years of relevant work experience do you have?
Hello Saurabh,
Thanks for the reply,
I have 2.3 years of experience, and
had studied 3 years diploma+ 3 years B.Tech(total 16 years of education starting from class 1).
Please let me know whether is there any way to confirm whether my education is ok (like sending my marksheet copies and get verified)for conversion before applying for Visa?
Please let me know whether I am eligible for H1 conversion.
I think you might be, but I can’t say w/ surety. You can submit your mark sheets and degrees to an education evaluation agency in US, and they can tell you what’s the US equivalent of your education. If your husband’s H-1 filing was also accompanied w/ such a certificate then you can approach the same agency.
At the time of filing you may have less than 3 years of work experience, so it won’t exactly make up for 1 missing year of education (if you have any). Besides, the work experience should be in a field thats related to your H-1 job.
Hello Saurabh,
Can you please let me know any US agencies to evaluate my education.
It will be very helpful.
My husband has 4 years B.tech degree,So he doesn’t had any issues.
I don’t know of any education evaluation agencies.
Even though your husband has 4 years of college degree, they would still have sent it for education evaluation to show that the courses offered during those 4 years make it equivalent to US Bachelors. So your husband can ask his attorney who was contacted for his education evaluation.
In addition, you can search for them online or find them through your new employer or immigration lawyers.
Just to add one more point:
My joining date is OCT 7th 2009, if my h4 – h1 is successful,I will be having 3 years of experience.
Will they consider this?
Hi
My wife will be traveling with me on l2 dependent visa. She plans to get a ead and work there. Should she apply for Ssn or ead first ? For Ssn I heard marriage certificate is required- in the marriage certificate her name has initial and in the passport the initial is expanded as required by the passport office- is this an issue?
She needs EAD first and then SSN. Once she has the EAD, she can carry that along w/ her passport, visa stamp and copy of your L-1 visa to get the SSN.
Hello Saurabh,
I have done my masters in Human Resource and I am currently on H4. I found very tough to get an interview call and convert my visa to H1 (for 2011).. so i wonder is that so difficult to find jobs in HR domain when you are on H4 ? or should I change my career line to get job in US?
hi saurabh,
first up i want to tell you that you are doing an absolute amazing job here, as far as my question goes.
my situation is such that i have a valid h1b till july 2013 and i am currently working for employer A now in feb i would want to start working for employer B the point is i will be travelling to India in may 2012 on vacation now-
when i come back in june do i have to get stamping done cause the employer has changed
would employer B have to file for extension when they file for transfer of visa
You don’t need to go for stamping as long as your old visa stamp is still valid. Usually during H-1 transfer, an employer request for extension of stay as well. So you would get B’s 797 for an extended period (it would depend upon submitted documents as well). This extended petition will allow you to get an extended I-94 both along w/ the petition and at PoE when you return to US.
Most of H-1 sponsors (for people on H-4) are consulting companies who target IT professionals. So yes, it is difficult to find H-1 sponsorship in HR when you are on H-4. Did you try following venues:
– network of friends, colleagues and family
– job sites like dice, monster etc
– past H-1 filers at FlcDataCenter (you can search by job category)
Changing career is also an option. However, w/ no prior IT experience it may be an uphill task to crack interviews and perform well at job (but it’s not impossible). So if you want to go this route, do some planning on how you will go about it (courses, trainings etc). IMO, don’t just jump into it w/o proper planning.
Hi Saurabh
I am on H4 Visa for about 1 year. I want to go for H1 Visa, getting call from consultant for my Visa Processing with fee of $3300/- including all.. refundable after 6 months. But I will be eligible to work in October if processed in coming months. So I want to clarify that can I ask for H1 Premium Visa…. Will I be able to work in 15 days. What is your opinion of this.
Thanks
Richa
Even if your petition gets approved within 15 calendar days, you cannot begin to work until Oct 1, 2012. Also, this holds true only if your H-1 is filed and approved w/ COS.
You should also be aware that by law, the employer is supposed to pay for the H-1 fees.
Hi Saurabh,
You are doing a great job man!
I have a question-
1. Currently i am working for Employer A on H1B and want to shift to Employer B.
What is the process? Do i need to produce any documents? Is there any minumum time period that i need to work for Company A after entering US? Any problems in future for GC processing?
2. My friend got his H1B approval in 2011 from Company A and it got expired before he travelled to US atleast once.
Some time back you confirmed that he is eligible for CAP exempt consider 6 year quota period.
Now company B want to extend his H1B, is he still eligible for CAP exempt? Is cap count employer specific? He is having receipt number of the application submitted by company A, is that enough or does he need any other documents?
Thanks,
Satish
1. B needs to file H-1 petition for you. That process is similar to what A did for you initially. In addition, B will have to submit copy of your 797, recent pay slips and W2s when filing this cap-exempt petition.
2. He is still eligible for 6 years as he has not travelled to US yet. Usually just the receipt number is sufficient, but these days it’s better to have copy of approved 797 as well.
My husband who had been on H1B since 11/29/2010 recently moved to company B about 20 days ago( H1B transfer from Company A to Company b still in process). They were in need of someone to start working immediately, so they asked him join soon as they got the receipt for the transfer of H1B. The nature of work that my husband was supposed to do here in Company B involved tasks which he had not done in Company A. He had informed Company B about it already. But once he joined Company B, they started asking him to handle projects independently. Which he couldn’t do because of lack of experience. But he is learning the new concepts and told them that he will be able to handle work independently in a few weeks. ( Say by the end of this month). However, due to the enormous projects to be completed, for which they need someone who will be on their own from day one. He was informed today that they have to let him go. They also told him that they wouldn’t be paying him for the last 20 days which he had been working, since they had spent money for his H1B transfer. It is a terrible blow for us. Can you please suggest if my husband is entitled for any compensation or atleast the pay for the 20 days time period which he worked for the new company? Since his H1B approval is still pending, how does he go about applying for a new job? What are the issues that might come up if he applies for a new job?
Please advice.
He is entitled for those 20 days of work. If the company doesn’t pay him, then he can complain to DOL about the same. Not getting paid for those 20 days will hamper his legal status in US.
He can either go back and work for old employer, or file H-1 transfer through another employer. H-1 transfer will not get approved w/o payslip for those 20 days. When going back to old employer, payslip for 20 days is not immediately required, but may be asked for in the long run.
Hi Saurabh
Here is my case:
I’ve come to the US for my MS in comp science and currently working in IT field.I Was on my H1b(filed by employer A) for 7 months and when I went for my visa stamping, my visa was under admin processing for 2 months(my employer has generated my pay roll as usual though my visa was under 221g admin processing) and then was rejected(stopped payroll generation once it got rejected). Came to the US on H4 visa and got it converted to H1b(Employer B filed it this time). It is just one month that I got my H1b. My question is, am I fine to start my green card processing by employer B? OR would my spouse be a better choice who has a masters degree in Industrial Enginerring but currently working in IT field, who has his payroll run consistently right from the day he got his H1?
Your past rejection will not impact your GC process as long as you maintained legal status in US, which I think you did. IMO, b/w you and your husband, GC should be filed by the person who qualifies under EB-2, both in terms of qualification (which I think you both did) and job requirements (which you will have to see). In addition, the disadvantage w/ you is that you have worked for B for just 1 month. Usually it is recommended to have worked for an employer for at least 6 months before the employer files GC for you.
thank u so much saurabh for the clarification.
So I am assuming that my husband is qualified for eb-2 though he has his master’s degree in industrial but working in IT field now but his employer has to show in the job requirement that the candidate needs a masters degree in any field. Correct me if I’m wrong.
Yes, if the job says any Masters degree is required for the job, then his education will qualify him for the job. However, if USCIS thinks that job required were tailored to make him qualify for EB-2 then they can raise a query.
Thanks a ton Saurabh. Your help is really appreciated. Thank you very much.
I have completed M.sc chemistry in 2008 and then M.tech medical nanotechnology in 2010 from India, no work experience, currently iam in h4 visa . i need help how to search job in US or is there any valid 6 months or one year course or training that can help me to get job wheather in the same field or in IT.
Hi Saurabh,
I have small question regarding h4 to h1b conversion. My Spouse is presenlty on h4 visa. We have files the h1b visa in 2008 and this has been apporived. We havent changed the status from h4 to h1b due to some reasons. Now the approved h1b visa is expired.
1.If we want to extend the visa with same employer is it possible?
2. Can we do transfer with other employer?
3. This will fall into qouta?
Thanks
1. Yes the employer can file for extension
2. Yes a new employer can file for H-1 transfer and extension
3. No, as long as you submit copy of old approved petition to show that you have already been counted in the quota.
hi ……
actually in my case my husband changed job before a month and then i made visa appointment and gave interview. case is that my husband’s valid visa stamped on the base of other company before a few months. and when i gave interview i have petition of recent company which is different from valid visa’s company . and because of this visa officer gave me 221 (g) now i want to terminate my case and i want make new appointment for me and my husband ane we will take all documents which they told me to submit .
we can not understand what should we do in our case so please help us..
I don’t know the exact process to withdraw the case, but I suppose you need to write to VFS asking them to withdraw the case and return all original documents to you (in case they have kept any).
hi..
before few days i applied for H4 and i was denied under 221(g).
now i want terminate my case and give interview with my spouse. so if anybody know how many days it will take for revocation?? please reply .
Hi,
My spouse (masters degree holder from India) is an International Admissions Counsellor who would typically work at international universities or study abroad firms/consultancies.
Can an US university sponsor H1 visa for my spouse?
Thx,
Hamid
Just to add ..
I’ve read that US university and NGO jobs are exempt from H1 quota. Is it true?
my query has been answered by a colleague who is also based in US .. it appears that US university and NGO jobs are not exempt from H1 in practice .. i guess i will have to follow the normal route to get a H1 sponsor for my spouse ..
As I am not aware of this field, you will have to check if the position requires 4 years of college degree or not. If the positon doesn’t require 4 years of college degree, then H-1 cannot be applied for it. You can approach an university to find out about it, or check online job postings to see the minimum requirements.
Yes, NGOs and universities are cap-exempt.
Saurabh ji,
You have answered few days back about my query if I can use my H1 visa approval for my old employer and for new employer too.You said yes. Now i am not able to get the employment from old employer and for new employer also it is difficult to get a job being out side USA.So i m planning to go to USA on F1 visa if you can answer this please.
1. after Going to USA on f1 visa if i found a employer can i still use my approved H1 visa notice( which is never been stamped) ? or my h1 approval will be cancelled as soon as i get f1.
thanks in advance.
regards
Amit
You can use it for filing cap-exempt petition. However, have you satisfied all the requirements for F-1? Once in US, I would suggest staying on F-1 for at least 90 days before deciding to move to H-1.
Thank a lot saurabh Ji,
you are being very kind to all the users here.
So as per your answer it means if i go to USA on F1 i can still use the cap-exempt petition to get a H1 but can i also transfer it on the name of other employer with the cap exempted petition ? you have asked if I have satisfied the condition to be on F1? i have not even applied in university.First I wanted to make sure that going on F1 does not cancel my approved H1 visa.So as you said i can still use the approval I will either go for a M.S. degree or for a PHD degree.Also I already have a master degree from USA.If you can suggest something i m planning it wrong please mention.
Amit
Yes, the cap-exempt petition can be filed either by the same employer or a different employer. Applying for F-1 doesn’t cancel your previously approved H-1. It can still be utilized by filing cap-exempt petition along w/ COS (as your status in US would be F-1 and you would want to change it to H-1 in order to work).
HI Saurabh,
Hope you are doing fine. It would be great if you can please clarify my doubt mentioned below :-
I am currently in USA on H4 visa (on 1 month vacation) and my employer has filed H1b which is most likely to get approved by Jan end . So, my question over here is do I need to come back to India for H1b stamping or I can transfer my H4 to H1 from here and can continue working from USA only .Please explain it in detail.
Thanks,
Seema
Do you know if your H-1 was filed w/ COS or w/o COS? If your H-1 gets approved w/ COS (i.e. an I-94 comes attached at the bottom of 797) then your status would be H-1 from that approval date and you can start working on H-1 from that date. If there is no I-94 attached at the bottom, then your status would remain H-4. So you will have to get H-1 visa stamped from home country, or apply for COS from H-4 to H-1 to go to H-1 status.
Hi Saurabh
Need some info from you please. Currently my wife is on H4 visa and she is looking for job. She was on F1 before and was on OPT (4 months into it) when she left for India and had to come back on H4. If she gets a job and her employer files for her H1B in April 2012, does she have to wait till Oct 2012 to start working or can she start right away after H1B approval considering she was on F1 before? Can you please help me to understand this?……….Thanks for help.
As she has never had H-1 in the past, she will be subject to quota. So the employer needs to file the petition in FY-13 (earliest filing date of April 1, 2012) and she can start working on H-1 from Oct 1, 2012 (assuming petition has been approved by then).
magnificent post, very informative. I ponder why the other experts of this sector don’t notice this. You should continue your writing. I am sure, you’ve a great readers’ base already!
Hi Saurabh
I think you are doing a great job. I have been silently following your posts for long now. I have a few questions. It will be great if you can answer those.
I am currently working on H1b visa in US (started working in Jan. 2011). I am getting married in Jan. next year Jan. 2012. My fiance has been working for MNC consulting/audit company in India for the past 3 .5 years. She would have 5.5 years of experience in the field (its Oracle, SAP, BI financial reporting and analysis). Earlier this year (in March) her company applied for a blanket L1b petition and was rejected. Then she told about our marriage to her company in Aug. and they offered her an H1b position in Nov. While we were applying for LCA the quota got finished. Now the company is trying to do L1b individual petition. I am not sure whether we will go ahead with the L1b petition because it is stamped in India. So, after our marriage in January, I will come to the US and she will continue working in India. I was thinking that we can get her H4 visa approved and she comes to the US for a 3-4 weeks in March and leaves for India in April when her company would have filed for H1b premium. So that ways it would be a bit easier to get the H1b approval. She could continue working with her company in India (though her status would be H4 US visa) and then she can come here in Aug-Sep to start work on H1b visa. When she comes in Aug. – Sep. her H4 would be valid and she would not need stamping at the embassy. And she could start on H1b from Oct. 1st.
I think there might be certain assumptions which are false in our above thinking. Could you please let me know what you advise? I read somewhere about the change of status from H4 to H1b and you should have stayed in the US for 60-90 days before doing that – why the 60-90 days suggestion? How long does this take (or what is the min. no. of days) this can be accomplished/ is there any premium processing here too?
Also, if we apply for H4, can someone continue to work in India? How long can one stay in India on H4 before entering US for the first time?
Do you suggest going the H4-H1 route over the H1b from India route given there has been blacket L1 rejection once and one would need to go for stamping in India before one has some established track record/clients/US workex, which would be possible from the H4 to H1b route?
Also, for applying for H4 I don’t need to be physically present in India right? And what all documents are needed from my company?
I have asked a lot of questions here. Look forward to your advice when you have a moment.
Best,
Nikhil
I will try my best to capture all your questions in my response. Let me know in case I miss anything.
COS is not approved if the applicant leaves US while it was pending. So in this case, if your wife leaves US while her H-1 w/ COS was pending, then the same would not be approved. When she returns to US, her status would be H-4 (the visa she would use to enter US) and will have to apply for COS to H-1 again, or go out of US and get H-1 visa stamped. One is suggested to wait for 60-90 days before applying for COS to ease out USCIS’s concerns related to intent. For example, if a person enters on B-1 (non-immigrant visa) and then applies for H-1 w/ COS (dual intent visa i.e. GC can be filed), then USCIS can ask about the intent of the applicant and can judge that s/he misused the B-1 visa. This rule is more applicable to B-1 and F-1 COS, but if on H-4 she can wait for 60-90 days before applying for H-1 w/ COS then it would be better.
As long as she is outside US, she can continue to work even while her H-4 is pending or has been approved. However, when she is in US on H-4, she should not work even remotely.
Depending upon her skill set and offered position’s requirements, L-1 may or may not be applicable. L-1 can be applied only if the applicant plans to use employer specific tools/applications/technologies in US and such should not be commonly available outside the employer. In other words, if she plans to work on more common technologies like Java, .NET, DBA, testing etc. then L-1 individual will get rejected.
For her H-4 visa stamping, your documents (payslips, W2s, resume etc), employer documents (wage reports, notarized list of employees, tax returns etc), job documents (project/client letter, SOW, work itinerary, information on employer-employee relationship etc) are required. Treat her interview as if you are going for interview as these days they ask for all sorts of documents during H-4 interview, which one would normally associate w/ H-1 interview.
Hi Saurabh
Thanks a lot for your super prompt and descriptive comments. I had a few followups.
1. So if she applies for H1b from H4 from the US, and lets say H1b approval comes in April end, can she go back to India after the approval and come in August on H4?
Can she then just start working on October 1 based on her H1b approval or a COS is required?
Is there a “change of status” application different than her H1b approval that lets say comes in April end?
If she goes back in April before her H1b approval comes, H1b visa approval comes in April end, she comes back in August on H4, can she start working on Oct. 1 based on approval?
Does the H1b approval come with I94 or without I94?
Sorry, but I am a bit confused here regarding change of status and I94 criteria.
2. Regarding the H4 documents, I did my MBA from the US and work in a financial firm in NYC. So are the wage reports, notarized list of employees, tax returns, project/client letter, SOW, work itinerary, information on employer-employee relationship etc relevant/required? I understand and appreciate your advice on treating the interview like an H1b interview?
3. Would you recommend coming to the US on H4 and then transferring to H1 or have her company apply for H1b while she is in India?
Thanks and have a good weekend.
Best,
Nikhil
1. She will have to file COS application to go back to H-1. COS is a different application which can either be filed w/ H-1 petition or separately. If she leaves US before H-1 gets approved, then the H-1 would come w/ no I-94 and COS needs to be applied. If she leaves US after H-1 gets approved then the H-1 would come w/ I-94. However, once she returns to US on H-4, that I-94 will determine her status which would now be H-4 and not H-1. There is a rule called “Last Action Rule” which means the I-94 that gets approved last determines your status. Does that clarify?
2. Talk to your company’s immigration lawyers and ask them what all documents are required from the company. The documents I listed are required for small to medium consulting companies, but aren’t required when it’s a big renowned firm.
3. Chances of H-1 getting approved are equal in both scenarios
Hi Saurabh
Thanks again for your quick responses. These are very informative. Was out for the weekend so checking in now. The information and service you are providing is very helpful (worth quite a lot of dollars with attorneys!). Confirming what you mentioned above:
1. “If she leaves US after H-1 gets approved then the H-1 would come w/ I-94.” In this case there is no change of status application that would be required right?
2. Can there also be a situation where she comes to US in March on H4, applies for H1b from US, stays in the US for April-May, H1b comes without I 94 attached, in which case she would need to apply for change of status or have her H1b stamping done. My H1b visa is valid until Jan. 2013 when it should be up for extension.
3. “Chances of H-1 getting approved are equal in both scenarios”. I guess what I was trying to ask is is aplying from the US is better where in you might not need to go to the embassy for stamping before starting your actual job? If one applies from India or needs to go to stamping in India (for H1b), in your experiences, are there chances of that getting rejected?
4. I guess this should be my final question. If she applies for before March, it get approves but she does not come to the US in March. Then her company applies for H1b in April, assuming it get approves by end of April. Could she then come to the US on H4 in August and start working on H1b in October? I guess in this case too H1b approval won’t come with I94; so one would need to apply for COS or H1b stamping before starting work? Correct? Is it ever prudent to apply for H4 after H1b approval comes ifyou are applying from India? I guess most of the questions I am asking are to not go for stamping of H1b in India before one actually starts his/her job in the US.
Thanks so much in advance.
Best,
Nikhil
1. Correct. However, she will have to go for H-1 visa stamping in order to return to US on H-1 visa. If she enters on H-4 visa, then COS needs to be filed.
2. Yes that is possible. If USCIS determines that her COS should not be approved (either you or her didn’t maintain appropriate status) or if COS is not requested, then this can happen.
3. If one has worked in US for a while and then goes for H-1 stamping, then that’s a much safer route, as one would be able to demonstrate employment and payslips .
4. She cannot apply before March as the quota opens in April. She can go for H-4 stamping even after her H-1 has been approved. She can then travel to US on H-4 and apply for COS from H-4 to H-1.
Thanks Saurabh for the response. These are very helpful. Just a clarification on 1. Even if she leaves US, after H1b gets approved and comes with I94 in April end, she comes to US on H4 in August, she would still need to file for COS. I thought that since the H1b came with I94 approval initially only, she would not be required to file for COS in this case.
Thanks.
Once she enters US on H-4, her status would become H-4 and not H-1 (which would it have been had she not left US). So she will have to file COS to go back to H-1 status.
Ok Thanks Saurabh very much. Very helpful comments.
I am on H1B visa recently I have changed from Company A to Company B, and my new petition also got approved. Now I am working in company B and planning to bring my dependents.
My dependents already has company A – H4 approved Visa and first time they are travelling to US. So can you please update me what are all documents required for them to travel to my new location (ie. Company B).
They should carry copy of your approved petition from B, payslips from B, your employer and your contact information and knowledge of basic details about your work – primarily job responsibilities, designation, duration etc.