- 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,
My H1b Visa will expire on 22nd Feb 2013 and the same date is on my I-94. But my wife is having H1b Visa that will expire on 30 Sep 2014. Please tell me if I can stay on my wife’s H1B expiry after my H1b expires if my visa doesn’t get extended.
Thanks & Regards,
Nitin
Nitin,
You will have to file COS from H-1 to H-4 to continue to stay in US after your H-1 expiration date.
Today, i received the Receipt # for the application which was submitted on June 4 and accepted on June 5. Glad that the Receipt# came pretty quick though it was anticipated that it would take around 60days.
Hi Saurabh,
I am currently in US on H4. In the meantime, my H1 petition filed by the company from India has got approved. Can I change my status from H4 to H1 directly in US itself and start working? Or is it necessary to go to India for H1 stamping? Please advise.
Thanks,
Nachu S
Nachu,
COS from H-4 to H-1 can be filed and you can start working on H-1 from COS approval date. If that gets denied, then you can go for stamping.
Thanks for your response Saurabh.. COS needs to be filed by me or by my company? And when should it be applied? Sorry am not much aware of these processes…
Nachu,
I am not 100% sure but I think it needs to be filed by the employer.
Hi Saurabh,
You have been helping out a lot… Appreciate and thanks a lot.
I also have an query. I have my H1 petition being approved in 2011(stamping is pending) by my current employer, however am getting married and accompanying my spouse(quitting my current job) on H4. Is there a possibility i can use the H1 petition to convert my H4 into H1 or will i be required to file a new H1.
Thanks in advance.
Rekha,
Any employer (old/new) can file cap-exempt petition for you along w/ COS from H-4 to H-1. Based on your previous approval, you don’t need to go through the cap again.
Hi Saurabh,
Quick question regarding this scenario.
When can Rekha start working for new company.
When the H1b receipt is received from USCIS or when the H1B approval is received? The basic point is when does the COS becomes effective?
I am asking this question because my wife will be in similar situation in near future and even a delay for few weeks will matter for her.
-Shailesh
Shailesh,
She can start working on H-1 from COS approval date. The employer can request a specific COS start date. If the petition gets approved prior to that then it will become effective from the requested date. If the petition gets approved after that requested date, then it will become effective from actual approval date.
Does that clarify?
Hi,
I got my H1B with company A and my i-94 validity was from oct 2009 to sept 2012.
Now I joined company B and got my H1B extension approved till December 2013. While filling the I-9 form for company B, I was told that I should write my i-94 validity as what is on the passport which was September 2012 instead of the one on my H1 extension through company B which said Dec 2013.
1. Is my I-94 valid till Sept 2012 as on passport or Dec 2013 as on H1 extension?
2. Would I need to fill out a new I-9 form with i-94 validity as Dec 2013 as per H1 extension?
3. Would I need to go back to my home country?
Shah,
The H-1 extension arrived w/ new I-94 w/ validity until Dec 2013. That is what should have been entered in the I-9 form. You can continue to stay and work until Dec 2013 based on new I-94. You can talk to your HR if you can update the existing I-9 form or a new one needs to be submitted now.
Hi Saurabh,
I have recently come to US on H4 visa. Since the H1B quota is already over I am thinking of exploring the option of 1 year of university education (preferably, in STEM courses) which would grant me 1-3 yrs of OPT at the end of the course under which I can work here till I get my H1B. Could you please let me know if all STEM courses would help me get OPT or is there any minimum credit requirement for the same.
Thanks,
Anu
Anu,
This article has information you are looking for.
Also, for OPT you need to have been enrolled as a full-time student for a year (I don’t remember how many credits that comes down to).
Wow,
All of a sudden , the email trails and comments are stopped.
I sincerely thank Mr. Saurabh , who answered all of our questions promptly and with right information.
Thanks Jatin 🙂
In this scenario I don’t think my I will be getting H1 visa so what are the next option ?
Can someone suggest me a school in NY /NJ area less fees or any online class which give i-20 F1 student visa so that at least after first semester I can get CPT to work on and after completing the course I can get OPT.
Hi all,
I need to know the same info for Boston area. Please let me know the universities which offer F1 and CPT in the first year. Am planning to go for MS in computers.
Thanks
Manisha
Hi Divya,
Please let me know if you get any update on CPT online course.
According to previous updates from USCIS they update the quota every Friday so according to that It should have been updates on friday which is 8th but still no updates ??
They have been updating every Monday morning with the count as of Friday. So, there should be an update in few mins or hrs.
Hi
I have question about h1 cap quota. Let’s say h1 cap reaches 65,000 next week and USCIS stops accepting new applications. Later , say 5000 of previous applications were rejected. So what happens to those remaining petitions ???
Sankalp Bhave,
That 5000 petitions will be considered in next years quota. JFYI USCIS is not publishing any numbers regarding rejected petitions.
J,
I think you are wrong here. I just read on USCIS website that the number of filed petitions that are shown includes the approved and pending petitions , it doesnt not included denied petitions. How can the rejected petitions be used for next year???
Sankalp Bhave,
They accept few extra petitions based on historical denial rate to make up for the petitions that may get denied. If a petition gets denied while the cap is still open, they adjust the number accordingly. However, if a petition gets denied after the cap was declared close, then no new numbers are added (as they already have a buffer pool).
In either case, one should not rely on new numbers popping up as the petitions that may get denied.
Thanks for your reply Saurabh,
As mentioned earlier , my wife got an offer from a US employer ready to file H1. We all know that LCA takes 7-10 days(and at by that time H1 cap will be over). But when we searched on the company’s website, we found already approved LCA for exact same position , location and salary(everything is exact same). Can her employer use this LCA to file her H1b ??
Hey Vipin,
Can you please share the info for the consultant who did H1 for your wife.
You can email me the info at sambhav83 at yahoo dot co dot in
Thanks,
Sam
Vipin D,
It can be used for your wife as long as it was filed recently and has not been used yet for another person.
Vipin,
All the best if you can get her H1b done by US employer that means your consultant will have a spare LCA which can be used for my wife. Please let me know if you are successful in getting her H1b done by US employer.
Thanks,
Sam (sambhav83 at yahoo dot co dot in)
Could you please share the name of the consultant who applied for H1.
pls share the info of the consultant who did H1 for ur wife .mail me at manni132s at yahoo dot com
Thanks
Manisha
Hey Saurabh,
My wife is on H4 and we wanted to change her visa status to H1 but none of the employer is ready I think since cap is about to reach it’s limit.I have couple of questions
1) Do anyone or you know any consultants who are still ready to do H1 sponsor ?
2) If the quota is full can a consulting or US company still apply for h1 lottery system ?
3) Suppose answer to both questions above are No. Where can we find the school which can give CPT in first semester so that she can start working or do you know of some universities like those.(NY)
Thanks
-Sam
Sam_J,
1. I don’t know any employers
2. No, they cannot
3. I don’t know any universities that offer CPT from 1st semester. Be careful when going through such schools as lot of times they are shady (you can google TVU and UVNA).
If you are in Silicon Valley, the best school that gives CPT on the first semester is ITU (International Technological University). My friend did it when he was excluded from the cap in 2007.
Hi Saurabh,
I currently applied for change of status from H4 to H1 and it got approved. Below is the USICS message from the website. “On May 23, 2012, this I129 PETITION FOR A NONIMMIGRANT WORKER was approved and we sent you an e-mail notice.” But the consultant has not given me proper start and end date of H1 Visa. In the mean time, my husband had got a good offer and he wants to shift his job. Can he transfer his H1 without transferring my H4. Can I stay in US with the valid I94? If the previous employer revokes my husband’s H1, will it have impact on my H4 and in turn my H1?
Thanks,
Jayasree
Jayasree Pillai,
Typically the start date is Oct 1 for new H-1s, but expiration date may vary. In case your husband changes jobs, you can still remain on same H-4 and then be on your own H-1 from Oct 1. No action required even if the old employer revokes his H-1 petition.
Hi Saurabh,
Currently i have H4 and would like to know if it is possible to do higher studies (or any short term course) on the same without GRE/TOEFL.I have done my engineering with 6+yrs exp in IT.I haven’t stayed in US on a long term with H4..
Many thanks in advance
Sunish,
Yes, it is possible to study while on H-4. There are schools that do not require GRE/TOEFL and you check the schools in your vicinity to know about their requirements.
Hi Saurabh,
Thanks for your valuable support.
My wife has filed H1 through a consultancy(which went last week). But now she got offer from another big company, but it seems like she will miss the cap, which is likely to get over by next week.
In this case , if her current H1 gets approved, can we transfer this H1 to other company before October 1? What are the possible situations ? The other company is ready to wait.
Hi Vipin D,
DO you mind providing me the details of the consultancy who provides H1B,
many thanks in advance
Vipin D,
Yes, they can file cap-exempt petition (aka H-1 transfer) once the first petition gets approved.
Hi Saurabh,
My friend is on H4 Visa in US and she got admitted to NYU and she wants to change her status from H4 to F1. She will be coming to India shortly so what all documents are needed of hers from US and will she have to apply as a non immigrant for F1 Visa? Can you please help me
Regards
Sonal
Sonal,
See my response to your other post on this.
Hi ,
Can some one suggest the consultants that provides/process H1B visa FROM India/USA
Thanks
Hi Saurabh,
My Wife will be travelling on H4 and since this year’s quota is almost complete for H1, is it possible to convert her H4 to H1 as an cap exempt case? Or, do we need to wait till April 2013 for H1B petition submission?
Hemant,
She cannot go for cap-exempt H-1 unless:
– she has an approved H-1 in the past
– her employer is categorized as cap-exempt i.e. non-profits, universities, hospitals
Hi Saurabh,
My friend is on H4 Visa in US and she got admitted to NYU and she wants to change her status from H4 to F1. She will be coming to India shortly so what all documents are needed of hers from US and will she have to apply as a non immigrant for F1 Visa?
Regards
Sonal
Sonal,
If she wants to return to US on F-1, then she will have to go for F-1 visa stamping. Documents will be same as required for H-4 to F-1 COS. This would include information on funds, COS approval, I-20, spouse’s recent payslips (while she was on H-4) etc.
Hi Saurabh,
I got married recently and have got my H4 stamped. Need your help in understanding few things…I am targeting to file my H1 this year…but looking at the scenario, i see that the cap is getting filled fast, so though i fly to US and wait for 30days(Recommended) and then apply for H1, i am not sure if H1 cap will be open.
Could you please let me know the difficulties i might have if i apply for H1 from India and fly to US on H4, and later this year when H1 is approved, get my status changed to H1? Is this process fine and acceptable? Does this create any problem when i go for stamping in India again?
Please advice
h4toh1 query,
Technically it is possible to file the petition while in India, then travel on H-4 visa and finally apply COS from H-4 to H-1 once H-1 gets approved. However, chances of approval varies from case to case and depends upon your profile, employer and offered position.
Thanks Saurabh,
I could find an employer to file H1 from India and got the approved LCA on 11-June and they have applied for H1 on the same day. Quota is closed on 11-June.
I have my previous 2009 H1 B approval, for which i went for stamping in 2010 and consulate gave me AR query, for which i received no response sofar. My employer says they can use my previous H1 B approval and can use it under quota exemption. how far is this correct?
(2009 H1 B employer is different from the current employer.)
h4toh1 query,
They can use the old H-1 to file cap-exempt petition. That ways it can be filed even after the cap has been reached.
Thanks Saurabh
This site is great help and relief!!
Hi,
My wife went for H4 visa stamping in Mumbai & she got 221g form. My question is that can she still file H1 petition thr any employer ? If she get H1 petition approved (not stamping )& H4 visa stamping from India then can she travel to USA on H4 & then change status H4 to H1?Please suggest suitable option coz I dont want to miss her H1 chance for this year or suggest me any other possible option that can give her work permit.Thanks in advance
Hemant,
Yes, this is possible. An employer can file H-1 petition for her. Once her H-4 visa stamp has been approved, she can travel to US and then file COS from H-4 to H-1.
Hi Saurabh,
To file COS from H-4 to H-1 is h1b approval is required or receipt number is fine.
bharath,
Refer to my post on your other question on this. The petition needs to be approved. After that, an employer can try for H-1 transfer just using the petition number and print-out of online approval status.
hi,
am on H4 currently but have got admission in a university and they issued me I20 also. Please advise when do i need to apply for COS. Can i do that even after the course starts?How long is the process for COS. I have paid SEVIS fee also.
Preeti,
You can talk to the school if you can start studies on H-4, and then enroll on F-1 from next semester/quarter. If so, you can get started w/ the studies on H-4 and meanwhile file COS from H-4 to F-1 (could take around 2 months to process).
Hi Saurabh,
My friend wants to bring her parents to US for long term. We know that visitor visa is not valid for a longer period. She will bring her kid on dependent visa. Please tell us what are the options available in this case. Can she bring her parents also on H4 visa.
Durgesh,
She cannot bring her parents on H-4 visa. That is not allowed.
Hi Saurabh
First of all thank for helping all of us.
My wife , who is on H4, as of now is in process of getting a job offer from a company(will be confirmed by Friday). But looking at the number of h1 filed, it seems like cap will be over in 2 weeks. So our concern is, how much time is required for LCA, and can we put LCA in premium processing? Because , it seems like it is the only thing that might restrict us from getting h1 petition in time.
Anirudh S,
LCA processing can take around 10 days. There is no PP service available for LCA processing.
Hi Anirudh..
I have also come to US on H4 visa. It has been three weeks from then, I have been trying to get a consultant who can file my H1B visa, but I have not got any success in it.
Can you please help me in getting the consultant/company contact through whom you have files your wife’ H1B visa. You may also mail me on ruchi.work01 at gmail dot com
Any help will be apppreciated.
Thanks!!
I am on H1B visa in US, my wife’s H1 is in process by her Indian employer, she got the receipt number but not an approved petition yet. Can she apply for a H4 and come here to US and do a change of status to H1B later (hoping she has an approved H1B petition by then) and start working here after october 2012, Is it possible ?? Do we need to keep anything specific in mind ??
Amar,
Yes, this is possible to do.
Thanks for the reply Saurabh !!
I have one more question here! While applying for H4 is it okay to mention in the application
that she already has a H1 in process (but is not stamped), will it not become void on getting H4 ? I think she can do a COS to same H1B petition once she is in US.
Amar,
Why do you want to mention that when going for H-4 stamping? AFAIK, there is no question in DS-160 form which asks for the same. IMO, she should tell about H-1 petition only if the VO asks about it during the interview. Yes, she can file COS to same H-1 petition later in US.
Hi Saurabh
I found following questions in DS160, but as you said they dint ask for previous visas applied
> Have you ever been in the U.S.?
> Have you ever been issued a U.S. visa?
> Have you ever been refused a U.S. Visa, been
refused admission to the United States, or
withdrawn your application for admission at the point of entry?
Thanks for the reply !!
Amar,
Her H-1 petition is applied, which is different from visa. So the H-1 petition doesn’t fall into any of these categories as this will be her first H-1 petition and she hasn’t gone for H-1 stamping.
Thanks a lot Saurabh..!
Hi Saurabh/Amar,
I am travellling on the same boat.Do we need to have mandatorily approval copy at the time of transfer or only receipt number is sufficient in this case.
bharath,
Posting that question multiple times doesn’t help.
I am recently engaged and planning to get married by Dec end. I am interested to study further and wish to join the Spring 2013 batch for MS/MBA in SCM. Since I am planning to give my GRE in Oct 2012 and apply by Nov 2012, my admission details would be available latest by may 2013.
So I have a few questions in this regard:-
Can I go to US on H4(as my fiancee has H1B) and then change the status to F1 when I get the admission into the college. If yes, please explain the procedure.
Snehlata,
Yes, this can be done. You can enter US on stamped H-4 visa and then apply for COS (change of status) from H-4 to F-1. You can discuss w/ your school if you can enroll on H-4 and later on F-1 (some schools allow that).
Thank You Saurabh..
Can You please explain us the procedure for conversion of H4 visa to F1 and how long does it take?
Snehlata,
You need to find a school and get I-20 from the school. Then complete the SEVIS fees and apply for COS from H-4 to F-1 by submitting the above documents. In addition you will have to show that you are in legal status (your H-4 I-94, spouse’s H-1 payslips) and funds to cover your studies (bank statements etc). Once approved, you will be in F-1 status.
If the school allows, you can enroll in the 1st quarter/semester on H-4, and later enroll in next quarter/semester on F-1 (once COS gets approved). This helps you in saving a school year in case your COS gets delayed.
Thank You Saurabh.. 🙂
Hi Saurabh,
For H4 visa holders will cap count applicable for processing H1b?? becoz one of the consultancy said no need to wait for cap count for H4 visa, Is it correct??
Thanks
Lavanya
Lavanya,
The employer is 100% incorrect. Anyone who has not held H-1 in the past is subject to cap, irrespective of whether they are filing from outside US, or from F-1, H-4 or L-1.
Hi,
My H1-B six years limit expires in Aug 2012, I wanted to change my status from H1-B to H4 ( As dependent on my spouse’s H1-B) – Is this possible, does the time I spent (6years) on H1-B limit the possibility to convert to H4
If the above is allowed, will applying for Change of Status( to H4) before Aug 2012( H1-B expiry date), but not approved before the H1-B expiry date will leave me in out of status. Is approval date considered or petition date considered to determine out of status.
Thank you for your response.
– George
George,
You can file COS from H-1 to H-4. This is not impacted by the fact that you have stayed close to 6 years on H-1.
There are 2 school of thoughts on this as there is not much clarity from USCIS. As per them, the person needs to maintain previous status until COS gets approved to new visa status. This looks appropriate in case of H-4 -> H-1 or L-1 -> H-1 COS applications, but in case of H-1 to H-4, one should be allowed to maintain new status little early. You will have to check w/ an attorney on this. They also mention that one is legally allowed to stay in US for up to 240 days beyond I-94 expiration date if there is a COS or EOS pending.
Hi,
My girl friend was on H1B from Oct 2011, but she went India in Jan 2012 and lost her job. She tried for a B2 visa in May 2012 but got rejected. My first question is to know will it be safe to apply for H4 visa in Oct 2012 (if not what can be an estimated safe duration after which we should try for that).
Second, lets say she gets a H4 visa next year, hypothetically, in Mar 2013, can she come here and work, if some good company is willing to hire her (H1B) before Oct 2013 as she was already having a H1B Visa before or she needs to wait till Oct 2013 after getting H1B visa.
Jitendra Harpalani,
She can apply for H-4 visa in Oct once you guys are married.
Once she reaches US on H-4 visa, another employer can file cap-exempt H-1 petition for her (aka H-1 transfer) along w/ COS. She can start working on H-1 from COS approval date and doesn’t need to wait until Oct 2013.
but is there a risk of her H4 visa being rejected given her H1B didn’t got stamped (pending) and B2 got got rejected within 6 months. So, the situation will be, in one year she would be applying for a 3rd visa (H4).
By the way, thanks for your response. Please reply to the above concern also.
Jitendra Harpalani,
Was her B-2 rejected b/c she was found as a potential immigration? I assume that is the case as she had H-1 in the past which is a dual intent visa while B-2 is a pure non-immigrant visa.
H-4 is different from B-2 and so may not be subject to same scrutiny. She may be asked about her H-1 and B-2 rejections and she needs to be truthful about them. She may also be asked about your H-1 employment. As always, visa stamping is not a surety and one can always run into issues.
Saurabh,
Once again, thanks for the fast reply. Yes, i suppose so that her B2 was rejected for the same reason.
About her H4, I was just wondering how much time should we wait before applying for it, i am thinking that after 6-7 months (Jan 2013) will be a good option.
But then when she gets a job after coming here in a good S/W company, she will still be valid for H4-H1 COS as her H1 was revoked since Jan 2012, so almost after 1 year or so she will be getting another H1.
You have mentioned that she is your girl friend, you cannot apply for H4 for girl friends, you have to get married in case you want to apply as your dependent.
Jitendra Harpalani,
If it is not urgent to travel ASAP and if waiting gives you more confidence, then she can go for H-4 interview towards the end of the year. When are you getting married?
Once she is in US, another employer can file cap-exempt petition for her along w/ COS. It will not be an issue that her previous H-1 was withdrawn more than a year ago.
Hello Saurabh
Please tell me can a h1b visa holder can do business like multi level marketing from home for extra money like amway etc. I look forward to hear from you soon.Thanking you!!
Vasu,
No, they cannot
Hi Saurabh,
Hope you are doing good.
One of my friend’s wife is on H4 visa and she got a job in USA. She has to join the company within 2 weeks time. She can’t work for more than four to five months (due to some health reason). Now my question is:
a) She has H1b from her previous employer which is not stamped but she has the i797 copy. So, there would be H1b transfer with COS, right?
b) Once she joins the company , she will be on H1b visa. So, what will happen to her H4 visa, will it be invalid?
c) After she quits the company after 5 months , is it required to do COS from h1 to h4? Or else what has to be done?
Thanks,
Ram
Ram,
1. Yes
2. She will be on H-1 visa status and no longer on H-4 visa status. She can go back to H-4 visa status either by entering on stamped H-4 visa or by filing COS to H-4. You can say that H-4 status will become dormant. The H-4 visa stamp in the passport will still be valid though.
3. Yes, either COS from H-1 to H-4 or enter US on stamped H-4 visa.
Saurabh,
My husband possess H1 approved petition from employerA. When he went for stamping, status gone to 221 g Administrative processing.It is still in that state.
My question is that:
1) While on being in this status, can he transfer his H1B to another EmployerB.
2) Is H1B transfer possible while on Administrative processing of the Employer A?
3) Does USCIS accept the new petition filed from Employer B in this case?
4) Likewise does he need to appear for another visa interview for EmployerB?
Your early reply would be appreciated.
Thanks
Sini,
1. Yes
2. Yes
3. Yes
4. Yes
thanks for your response.
Hi Saurabh,
I am currently on H4 visa and need your help in deciding between the following options for H1 B filing this year.
1.Going thru a established consulting company with group filing with master service agreement (no client letter).
2.Going thru a small startup company for inhouse project for a product development.There is no end clients for the project now.
Could you please let me know your thoughts on the chance of success for these 2 options.
Suja,
See my response to your other post.
Thanks Saurabh
Hi Saurabh
I had a quick generic question as I am quite tensed and this forum has been one of the best sources of having highly useful information for which I think all of us appreciate your efforts and regular diligent sincere responses. My wife just left her job in India and came on H4 visa to US a couple of weeks ago. After a few days 3-4 or so, her company filed LCA application and the visa premium processing was filed early last week. We just checked today afternoon and the status showed RFE. The attorneys have not received any mail yet – so don’t know the request yet. I guess have a couple of questions and I am kind of concerned since the firm is a big US consulting company.
1. I know you mentioned that it is advisable to stay 30 days and file visa then. But checking multiple times with the attorneys they told it is not required. Plus the offer letter used was issued last year; so was dated back then or any appended date. So in your experience can these be reasons for RFE issuances?
2. In your experience, what percentage of the RFE issuances actually get rejected?
Thanks.
Best,
Nikhil
2. Second question clarity was, what percentage approximately of the RFE issuances actually result in H1b visa rejection?
FYI, My wife has had one L1 blanket visa rejection in 2011 March.
Thanks.
Best,
Nikhil
Nikhil,
1. There could be several reasons for RFE, and I cannot speculate about yours. It can be as trivial as missing signature to as complex as employer-employee relationship.
2. Such statistics are not released, and I don’t know what the rejection rate is for RFEs.
Hello Saurabh,
My wife is currently on h1b and in us. I have an approval of h1b but due to not having proper projects my employer is holding me on going for stamping.
My questions are:
1. Can I apply for h4 now and if so will it impact my approved (h1) petition.
2. Can I use the approved petition later for change of status from h4 to h1.
Appreciate your advice.
Thanks,
N
Naga,
1. You can go for H-4 stamping. It will not impact your H-1 petition, but if you have got H-1 visa stamped in the passport, then they might cancel it
2. Yes
Thank you for prompt response. Your support is highly appreciated.
Could I ask for one help.
I was working in USA on H1B till 2012-March. I went to India in January and during the stamping my visa got rejected. I was told, my employer is not following “Neufeld Memo “.
So we came back last week. I am on H4 right now. Found an employer and they have filed the H1B for me.
Do I need to wait for H1B approval or just the H1B Receipt Notice is enough before I can start working on H1B from H4? As you know I was on H1b till March and in the same H category visa
Your help would really be very appreciating.
Thanks
Manisha
Manisha Raychaudhuri,
You can work on H-1 only when the filed H-1 gets approved and that too w/ COS. As long as COS doesn’t get approved, your status would H-4 and you cannot work on it.
Hi Saurabh,
I am H.R Professional with 2 + Year of experience before marriage.
After moving to U.S with my husband i am looking for a job
Please let me which agencies will help me out in this case.
Regards,
Shraddha Srivastava
Shraddha Srivastava,
I don’t know any companies/agencies that can help you w/ the filing.
Hi,
Am in US from past 8 months on H4Visa, i have done MBA and i was working as a recruiter in an consultancy after marriage i have moved here and now i would like to work
so is it possible to convert H4 to H1 Visa, to whom we need to contact and what is the procedure.
Please help me
Smitha Raveendra,
You need to find an employer and they will have to file H-1 petition along w/ COS. Once it gets approved w/ COS, you can start working on H-1. In order to find reliable employers, you can contact your network of friends and colleagues, job sites like dice, monster; and list of past H-1 filers available on FlcDataCenter site.
Hi Saurabh
My wife came to US this year. One consulting company filed H1b for her in mid April. Now she got another job in a Company and they are ready to file H1 immediately. Is it possible to have two H1 applications at same time?
Thanks
Arun
Hi Arun,
I am on H4. Looking for H1 B sponsoring Companies. I am ready to bare the premium fees. Please can you mail me details of consulting company.
Thanks a Ton in Advance.
Regards,
Pammi
Arun,
Yes, another employer can also file H-1 petition for her.
hi Saurabh,
I have stamped H1B visa, but have not used it.Now for my Husband ,H1B is filed.
My question is:
1) Can i and my kid can travel as his dependent.
2) If so, do they Cancel my H1B?
3) If i am on H4 and got a job chance, what are the formalities for visa conversion and how long i have to wait for the same.
Sini,
1. Yes
2. They might cancel the visa stamp, but that doesn’t put you out of the visa numbers. In future, another employer can file cap-exempt petition for you on the basis of previously approved H-1 petition. No need to go through quota/cap again.
3. The employer will have to file cap-exempt petition (aka H-1 transfer) for you. From your old employer, you would need copy of approval notice (797). In addition, they also need to file COS from H-4 to H-1. You can start working on H-1 from COS approval date.
Regarding question :3, I am planning to work for the same employer for whom i am possessing H1B now.
So is there any need for applying H1 transfer
Sini,
In that case the employer needs to file COS from H-4 to H-1 and you can start working on H-1 from COS approval date, or you can enter on stamped H-1 visa.
Hi Saurabh,
Currently m in USA on H4 Visa(already stamped) and have received the approved
H1-b visa for the year 2013, valid from Oct 1, 2012(Not stamped).
My question is-
Anytime before October 1st, if I go out of USA and come back before October do i need to get H1-B visa stamping ?
Thanks..
Jiya,
You can return on H-4 visa and still be on H-1 from Oct 1. H-1 stamping is not mandatory, but if you want to go for stamping you can go for it at most 90 days prior to H-1 start date. Even then, you cannot enter on stamped H-1 visa more than 10 days prior to H-1 start date. But you can return on any date prior to Oct 1 and still be on H-1 from Oct 1 based on your approved COS.
Hey jiya,
Iam also trying to convert my visa from h4 to h1. Kindly let me know the employer, so that I can also try it. My mail Id is: ksaru75 at yahoo dot com. Thanks
Hi saurabh i am searching for employer too. could u please mail me the employer details wedesign.woman at gmail dot com
webdesign,
Kumar and I do not recommend any employers on this site. You will have to do your own research.
Hi,
I am currently working in US on my H1B.My husband has his H1b stamping through his company.But currently there are no oppurtunities in his company.
So can he travel to US on H4, and get it converted to H1 by finding an employer.When he goes for H4 stamping are there chances of his H1 getting cancelled.
Also please let me know what would be the time required for H4 to h1 conversion.
Will this be good approach to follow
Thanks in Advance
Shubha,
When he goes for H-4 visa stamping, they may cancel the H-1 visa as H-4 is a non-work visa. However, he can still use the approved petition to have H-1 transfer filed (aka H-1 cap-exempt petition).
Hi.
Am entirey new to all these VISA Processing. My company is initiating H1 B visa for me. If I get it my husband will be joining me in H4 dependent visa. My quest is
1) how long it takes for him to change from H4 to H1 B. Is there any timeperiod only after which he needs to initiate for H1.
2)Is it something like only the employer has to initiate H1 B?
3)If my visa expires can I still continue to stay in US as long as his H1 B is valid.
Pls let me know.
Thanks,
Divya
Hi Divya, I had a similar situation just the other way (My husband in H1B and I on H4). Here is some info I can share and hope you find it useful.
1) There is no time period between initiation.
2) Yes, Only an employer who will employ your husband can file his H1B visa. Individuals cannot apply for it on their own.
3) If your H1B expires and he has a valid H1B – you need to change your status from H1B (after the expiry) to H4 and you can stay along till his visa is valid or till the date stamped for your H4.
Just a little advice – If your husband can have his current employer file his H1B or even L1 – its advisable for him to come that way rather than coming on H4 and then looking for H1B. I have been through the same journey and it is not easy to get a company sponsor h1b for h4. Also only if he can get his H1B filed and approved (even if he comes on H4 and then has a company apply for his H1B) within this quota (H1B 2013) – he can start working by Oct’2012. Else he will have to wait for the quota to open next year April 2013 for H1B 2014 Quota where he cannot initiate work before Oct 2013.
I hope I gave you enough info that you were looking for.
Thanks
HK
Thanks for the reply.
Can you please let me know in detail on what this “Quota Concept” is all about. When can an H1 B initiated, when it cannot be, when work can be started and when it cant be.
Hi Divya,
The Quota concept is not that twisty as it sounds. Here is an explanation:
Quota – Its defined as the number of approved H1B applications for the particular year. (It doesnot include the H1B transfers from one company to another or extensions post 3 years approval time)
Every year the H1B visa quota opens on April 1 (65000 general + 20000 Masters*). *Masters quota is only for people who have done Masters in US.
The USCIS Year is October 1 to September 30 so anyone who applies from April can only start working by October (unless the visa is stamped with an earlier start date – which is a very very rare case. Now a days USCIS rejects the H1B application requesting an earlier start date than October 1). But if the visa applications are still open post October than anyone who applies (if he/she gets approved) can start working immediately (or from the date approved by USCIS).
Now, There are a lot of factors which decide when the quota gets over. There is no defined time you are supposed to wait for before applying for a H1B. If you land in US on a H4 and in one week you luckily find a company who is ready to sponsor your H1B, it can be filed immediately (ofcourse, given that the Quota is still available).
Hope it helps. You can email me (harleenarang@gmail.com) if you wish to and we can discuss this on call for any further queries or details.
Thanks
HK
Got clear idea..Thanks 🙂
Nicely explained Harleen.
What are the steps in H4 to H1B conversion post the I129 petition approval? Is there a visa interview for the H4 visa holder also and what about the stamping?
Harleen,
If you are in US on H-4, and your petition gets approved w/ COS then you can start working on H-1 w/ no need to worry about stamping. You will have to start working on H-1 from COS approval date. However, you will have to go for stamping next time you travel outside of US and want to return on H-1.
Hello,
I have H4b visa, I have done bachelor in science from India.I m looking for job in USA.I found lot of scope in pharmaceutical industry.I want to check my education credential.So could suggest any site or agency who offer this type of service.
thanks in advance
http://www.morningeval.com/
Morning side evaluations
Hello Guys, this site is really informative and helps a lot.
I have a quick question. My wife was on h4 when she came to US in 2010 and she got an employer who is willing to apply for H1 last year and we filed for the H1 and it got approved without any RFE. Once she got the H1 approval she also got the job immediately and she started working (payroll was running). later due to family emergency she needed to go to India and in india VO didnt give her visa saying that the employer is not willing or able to provide the employment as per guidelines and they re-opened the H1 application for review at USCIS and it looked its gonna take time we got her H4 stamped again and she is back in the US on H4. Now if we apply her h1 extension i know that she wont come in the CAP count as this will be considered as extension My question here is once a Company applies her H1 now will she be able to start working immediately after she gets the H1 Receipt or need to wait until the H1 approval.
Ravi,
She will have to wait for COS approval before starting to work on H-1. As her current status is H-4, she needs to wait until it gets changed to H-1.
Thanks for this wonderful site..!!
I am working in one of the best IT company (having 4 yrs exp) and have H1b visa stamped which is valid till 2014.I am getting married and my fiance is working in US on H1B. He is in city ‘A’ and my company is not ready to send to city ‘A’ and asking me to go city ‘B’.He is planning to apply for H4 for me through his company. Will my H1b get cancelled when i get my H4? Or is there any other way that i can travel in my H1b visa to city ‘A’.
Priya,
Your H-1 petition will still remain valid after going for H-4 visa. As for H-1 visa stamp that might be canceled by the VO when approving H-4 visa. It will be their discretion, to let the H-1 visa remain or cancel it. In case of cancelation, you can still move to H-1 later using the approved H-1 petition you would have.
You can go to another employer who has a job for you in city A, and when their petition gets approved you can travel to A to work for them. This doesn’t need to go through quota as you already have approved petition.
Thanks Saurabh for the instant reply..
So I can travel to city A in H4 for now. Do the new employer(have to find) in city ‘A’ have to file the petition or what will they do to convert from H4 to H1? From when I can start working? Will it be a easy job to convert to H1 and will there be any difficulties?
Priya,
Yes, you can travel to A on H-4 now. Later, an employer in city A can file cap-exempt petition for you (h-1 transfer) along w/ COS from H-4 to H-1. You can start working on H-1 from COS approval date. The processing can take 2-6 months under regular processing, and 15 calendar days under premium processing (RFE time not included).
Hi Saurabh,
Extension to what I had asked earlier. I currently work for a non-profit organisation. I hold cap-exempt H1b . Now I recently got a job in a Company (which is not a cap exempt) , and they are ready to file H1b for me through the Quota of 2013(which started this April). Is it possible to transfer my current H1b or do I have to get new H1b? Also when can I start working for new company(in both cases)? You said something about H1b portability, but I did not understand how that would fit in my case. Please explain.
Leslie Dmello,
You can read the conversation b/w Vipul Modi, Kaushik and myself where similar situation was discussed. You can go through and let me know if you still have any questions.
Hello Saurabh,
I am on H4 visa. My employer had filed H1B in Jan 2012 under Cap exempt (employer has government projects) , but I received RFE on that and employer is unable to answer that RFE.
Now my employer is again planning to file new H1B in new quota open(probably next week ) under regular cap without responding previous RFE. So is it OK to do like this?
In this case, can i get RFE like solve previous open RFE ?
Since my employer is same, so there will be chances of rejection due to previous RFE?
Thanks in advance.
Hetal,
Yes, they can file a new petition in the new quota. Make sure the employer addresses the concerns raised in previous RFE.
Hi Saurabh,
I had an H1 Visa whose validity date was from 01/30/2004 to 10/21/2006. I worked in US only for 5 months during this time period. If I want to apply for new H1, what would be the process.Should I apply for new H1 B Visa or revoke the old one. Will the H1B visa quota limitation apply for me as well? Do i need to wait till October to start working?
Regards,
Jayasree
Jayasree Pillai,
Usually one can use the previous petition when it has been approved in last 6 years. This one was more that that (or on the border). Check w/ an attorney if the petition can be used or not. If you can use it for cap-exempt petition, then you don’t need to wait for Oct 1 to start working.
hi Saurabh,
first i would like to thank you for the wonderful site.. Learnt a lot from ur site.
i am planning to apply for H1b for 2103. Can u please clarify few questions i have.
1) I have got F1(Student Visa) Rejection, will this anyway impact my chances of getting visa.
2) Nowadays bigger companies are getting their h1b rejected, as i am applying from a smaller company (but this company has a huge client base), will this anyway impact my chances of visa
Thanks in Advance,
Santosh
Santosh,
1. No
2. It depends upon employer credentials and how credible the offered job is. It is difficult to tell what the fate of the filing would be.