If you are planning to work in America on H1B visa, it is very important that you plan the process as it could get hectic at the eleventh hour. If you currently work for a company and the same company is sponsoring your H1B visa, your immigration attorney would be behind you with proper planning and some of the below mentioned activities in plan may not apply to you. But, if you are pursuing your own options of looking for a H1B sponsor and applying for the H1B visa in FY 2013 quota, then proper planning will help you. Below is a sample plan that is based on my experience. Some of the activities can run in parallel.
Sample H1B visa 2013 Plan
| Month & Date in 2012 | Activity to be Completed |
| Jan 1st – Feb 15th | Basic research about H1B sponsoring companies. Networking with existing H1B workers to get correct information. You need to come up with a large list of companies that are in your domain. Check out data at FLCDatacenter website or use our Green Card Database |
| Feb 15th – Feb 25th | You need to dig into the details of the companies like the number of LCA approval, denials, GCs filed, etc. Check out the article : Things to verify before you choose an employer. |
| Feb 10th – Feb 25th | Accumulate all the required documents required for H1B visa application like below
|
| Feb 15th – Feb 25th | You need to talk to H1B sponsoring companies. Make it a goal to call at least one of the consulting companies in your list to find out the offers.
|
| Feb 25th – March 1st | Decision phase : put up all the H1B sponsors offers and decide the company based on the offer and benefits. Talk to few people who work in that company and collect additional information as needed. |
| Feb 20th – March 1st | Collect all the material that is needed for the H1B visa. You only need copies, DO NOT give any originals. Read this article for complete list of documents you need for applying for H1B visa petition. |
| March 1st – March 5th | Send all the documents to employer or hand all the documents to the employer in their office. You only need to give copies. |
| March 5th – March 25th | You need to follow up with your H1B employer, if they need any additional documents. They will file for LCA and get other things going. |
| March 25th – March 27th | The H1B sponsoring companies work with Fedex, UPS or other mail delivery systems to have the H1B petitions delivered exactly on April 2nd ( April 1st is Sunday). |
We have put a similar plan couple of years ago, check it out : H1B Visa Application Planning
Do you have any suggestions for the plan ?
Any lessons from previous experiences related to H1B application planning ?
Hey Saurabh,
I recently got placed in an oil firm based in US and they are sponsoring me H1-B visa, however i am still to complete my graduation and will receive my degree in June 2012, only after that i can apply in July 2012,
As i can see the pace of petitions for H1 visas, whether applications and approvals are done simultaneously or petitions.
My company is 10 on fortune list, whether applying in July 2012 will reduce my chances of getting H1 approved
I am a bit worried, i request you insight on this
Regards
Puneet
Puneet,
Quota may not survive until July. So waiting till July doesn’t decrease your approval chances, but decrease your filing chances.
Hi Saurabh,
Thank you for prompt response,
Actually i am also subjected to two year home residence till july 20th , so in any case i will be unable to apply till then
However, is that i can still apply once cap count is reached, whether chances of getting approval even when the number of application is there ?
Regards
Puneet
Puneet,
You cannot apply once the quota has been reached.
Hey Saurabh,
I am sure you might have come across few unlucky cases like mine before so long story short: I have been in US since 2001 and just came back for a short vacation while my GC was in process and my H1B was extended. I went to the embassy to get my visa stamped and they rejected it as my documentation was inadequate. Well nufeld memo requires to prove E-E relationship and in my case, despite having all the evidence and despite working in one of the best consulting firms in US, I was denied a visa because I did not have the client letter. If I would have known about this I could have gotten this dang thing with me but I never needed these things for my previous visits in India and unfortunately I did not research enough this time. I always tried to blame it on Indian companies for manipulating the visa process and some senior experienced people like me paying the collateral damage. But sulking don’t help. All I know that I have spent all my adulthood in US and I don’t belong in India, the country is great but I can’t live here. I’d like to go back by any means. I am exploring all possible options to pull this out. Talent is not my scarcity, negotiation skills and doing the right research is what my handicap is and I was wondering if you can give me pointers to sources where I could get started. There are four to five companies in US where I have friends and they are willing to sponsor my H1B. But I am in India. And they don’t have branches in India. What are my options?
Thanks
Yami
Yami,
These are your options:
1. Continue to wait for current 221g to get processed. This doesn’t have any set processing timeframe.
2. Ask another employer to file cap-exempt H-1 petition for you and then go for H-1 stamping. Best option if you can move to direct or better EC model.
3. Ask the same employer to file another petition for you and then go for H-1 stamping. This may not help much if the underlying reasons for which 221g was issued are not addressed.
Have you completed 6 years in US? If yes, then is your I-140 approved?
Hi Saurabh,
1. is out of the question because my visa got denied immediately. I was given a white slip.
2. This is where my hope is
3. I have resigned from my company as they were not willing to wait this long
Yes, I completed six years in US. I have my I 140 approved. But how will that matter since I have already resigned my company! And I Have been in India since the past 10 months.
Hi Saurabh,
I posted this question in your website but it didn’t appear. So posting it.
I am working on L1 for company A and client is company B. But now company B is agreed to file my H1. So I understand once my H1 is approved, I can start work for company B from Oct 1st. Now I have two questions here. During the H1 process, I want to visit India during June and come back in Aug time.
1) If my H1 is still in process and If I visit India what about be implications? considering I have given my I94 no for H1 process documents.
2) If I H1 is approved before June (before going to India or during I am in India), do I need to get it stamped before coming to US. If I get it stamped can I still work for Company A till Sept end ?
I guess more than two questions but I am clear to explain my point.
Thanks in advance.
-Pravin
Hi Saurabh –
I’m currently in US on L1-A from August 2008. I’m planning to apply for H1-B with another employer for this year. I know that If my petition gets approved, I can work on H1-B only from October 1st, 2012. Request you to answer my below questions.
1) Does my new employer needs to file H1B without Change Of Status so that I can work on L1-A until October 1st? If so, when do we need to file COS from L1-A to H1-B? How much time does it take? Can I do that Once I find the new job after October 1st?
2) By October 1st, I will be into 5th year . If I get my h1-b approval, How many years it will be for? I have been India for couple of months since August 2008 (my US payroll was still running while I was on vacation)
Thanks a lot for your time on this!!
Kumar,
1. Irrespective of whether it is filed w/ or w/o COS, you can still work on L-1 until Oct 1. The difference comes in after Oct 1. If you want to work on L-1A after Oct 1, then it needs to be filed w/o COS else file it w/ COS. This can be filed along w/ original H-1 filing and will be processed along w/ H-1 petition. What do you mean by find a new job after Oct 1? You will have a job w/ the company filing H-1 for you.
2. Your employer will have to submit the details of how long you have stayed in US on L-1A. USCIS will then approve it for a term such that it doesn’t go beyond 6 year (H-1 + L-1).
Thanks for the reply Saurabh …
I want to work on L1-A until I find a new job with H1-b … So My question was how much time it would require to apply for COS and get it approved ..
Kumar,
So you want to get through the quota through H-1 employer A, but want to work for another employer B later on. If you want to continue to work on L-1A until you find B, then A should file H-1 petition w/o COS. This way your status would remain L-1A even after Oct 1. Later on, B can file cap-exempt petition (aka H-1 transfer) along w/ COS from L-1A to H-1 and you can start working on H-1 for B from COS approval date.
Hi saurabh,
do you know of any education evaluation agencies for H-1 purpose.i have done CA in india. should i consult my consultant for that,or is it ok if i do it with any edu.eval.agency on my own becoz it may take some time. also how many days max.will it take for H-1w/PP? can u advise me if there will be any problem in H-1 approval as my skill set is not IT related?
ur site is great in looking forward for so many things.
please advise me,
thanks in advance.
madhu
Madhu,
You can contact your employer about it. If they have filed H-1s in the past, they would know who to contact for this. When filed w/ PP, it will be adjudicated within 15 calendar days. In case they issue RFE, then they would put processing on hold until RFE response is submitted. Once they receive the response, they would issue the final judgment within another 15 calendar days.
If your skillset is non-IT but the position requires IT skill-set, then it can be an issue. You need to qualify for the offered position in order for the petition to get approved.
HI Saurabh,
Looking at the number of h1b applications right now (ie unofficial update till april 4th). whats your prediction of h1b cap getting filled up. I have to get education evaluation done. How many days would that take? Bit concerned about the cap getting filled up. Please update.
Meena,
I think it will remain open at least for few months. We will have more clarity when the initial euphoria settles down (i.e. 3rd week of April onward).
Hi Saurabh,
I received a list of documents from my employer for H1b filing
1. Actual Resume
2. Educational Evaluation (If available)
3. Educational Transcripts (10th to PG) with individual mark sheets
4. Experience letters as per the resume
5. Previous I797
6. Passport copy (Do not include blank pages)
7. I94 front & back
Regarding the passport copies is that correct? Dont include blank pages? I thought we need to send all pages? Please confirm
Is there anything else missing in this list? Please confirm.
Saurabh,
can u pls reply for my 2 posts which havent been answered yet.
Thanks.
Meena,
You need to give me sometime to respond to the posts. Its not even 12 hours since your original post, and you are asking me to answer the unanswered posts. I have a day life to lead and I am doing this for free. I expect you to be at least that understanding. My day life always take priority, and if required I can take weeks to respond to your post.
Well Said Saurabh.we totally understand your priorities.
We really appreciate all your help.
Meena,
I don’t remember if it is all pages or just blank. If they asked for just non-blank pages, then you can submit just those. If you have worked in US in the past, then you should also submit payslips, W2 for that period. Have you ever been to US on any visa?
Hi Saurabh,
I have worked in US from 1998 to 2001. I was on bench initially for first 9 months and later got job. I can put it as 2 yrs worked at client locations. Its been long time.
Please let me know if still we need payslips? i dont have w2 form. All I have is I797’s
Meena,
As it happened so long ago, I don’t think it will have any impact.
Hi, I am currently holding an L1A visa valid for next 3 years. My employer wants to now file for an H1B for me due to some company policies. I dont really want an H1B right now because my husband first needs to find a job on his L2 and then hopefully he can also find his own H1B sponsor. My company is willing to wait till my husband finds an H1b sponsor is not dependant on me but they are also worried that quota will get over early this year so they dont want to wait too long. Is it possible that they file my H1B and get me a visa but I still continue to remain on L1A for some more time ? Like suppose I get H1B in June but I want to stay on L1A till december, is that possible ?
Garima,
What they can do is file H-1 w/o COS. This way your status would remain L-1A, and your husband will be on L-2. Later, when he has moved to his own H-1, you can file COS from L-1A to H-1, or get H-1 visa stamped from a consulate to move to H-1.
Hi Saurabh,
I heard from today, one can submit applications for new h1b.
I will be completing 3 months on B1 on April 31st 2012. I want to apply then.
1) Is that best time for me to apply?
2)Where can i find the petitions received by USCIS daily. Is there a website for that?
3) I have to exit in july 15th as my I-94 expires. What is the probablity of me securing h1b by then? What happens if I exit on july 15th and my h1b result is not yet declared?
Please let me know as its v much imp for me to know the best possible actions to take.
Samba,
I have responded to this question on your other post.
Hi Saurabh,
I cant find it. Can u paste that URL where you have answered.
Thanks.
Samba,
Seeing your response to other post, I assume you have located it. It is better to keep all replies at one place instead of posting it multiple times.
Hi Saurab
I have 3 years experience in HR and one year experience in SAP HR. But i have 7 years gap in my career as i am on H4 since past 7 years. I didnt applied H1 due to some reason. well the first question is if now i will go for H1 is that possible to get it or not?
second question is on H4 can i do any business or not?
Any reply will be appreciated.
Thanks
Poonam
Poonam,
If you have 4 years of college education equivalent to US Bachelors, then you qualify for H-1. Else, you would need at least 3 years of work experience for each missing year of education. However, even after being qualified, its a different story whether an employer will be willing to file H-1 for you or not. You will have to research for potential employers who want to file H-1 for you.
No, you cannot do any business on H-4.
Hi Saurabh,
I have one question regarding H1B sponsoring. Can two employers can file different H1B’s for a single candidate?
Krishna,
Yes, they can file petition for the same employee.
Hi Saurabh,
my h1b for 2012 was denied in Jan 2012 and my employer reopened the case.
He got the receipt number last week.Status is initial review.
how long will it take to get the decision on MTR case ?
Bhavani,
MTRs can take few months to process. Also, favorable decision is not guaranteed during MTR.
Thanks Saurabh.
Can same employer apply h1b for 2012 starting this April when Mtr is still pending.
Bhavani,
Yes, same employer can file the petition while MTR is still pending.
Hi,
I had a question regarding H1B filing. I am on H4 visa and I am filing my H1 with the help of a consultancy. I have one concern i.e. about my degree marksheets. I had 5 backlogs in my B.tech. Will it be a problem for H1 B filing. I cleared those within the 4 years. I completed my degree on time. I have 5 yrs exp and I worked for IBM.
Ragi,
It should be fine.
Hi Saurabh – I have sent my documents to Lawyers for H1B filing last week but didnt hear back from them. Is there a new rule now that you need to register your details first before you send your documents to USCIS? Your documents don’t need to be there by April 2nd?
Thanks
Kumar,
Last year USCIS published this rule for a 60 day comment period. However, I didn’t see any official rule from USCIS after that stating that this has gone into effect. So it might be in place, but I am not sure. It should have been published by Jan 2012 to become applicable for this fiscal year.
Hi,
If somebody is on H4 and file H1b while staying in US then if she wants to go back to India for vacation and come back to US, then are there any difficulty in coming back to US.
1) Does she needs to go to consulate in India to get H1b stamp against the petition. Is it easily get stamped as the petition is there and employee is already working in the company?
2)are there any concerns at the port of entry?
3) any other way through which we can get H1b stamped in US only.
4) are there any risk at the port of entry when returning to US from India.
Please suggest.
PS,
1. If the person wants to return to US and work on H-1 (after Oct 1), then they need to get H-1 visa stamped. Even though the petition is approved, the consulate can still issue 221g and reject the stamping. If this is prior to Oct 1, then the person can return on stamped H-4 visa.
2. No concerns at PoE
3. It cannot be stamped in US.
4. No concerns at PoE as long as you have valid employment
Thank you very much for this website.
I have a few questions on what happens when a employee joins a company on H1B. I am going to move from one company (I am on H1B) and to another company using the h1b portability option.
1. When I resign from the current company, will they have to inform USCIS or any other govt. department (like labor or homeland security) that I resigned?
2. When I join the new company, they will fill up an I-9 form and will keep that with them. Will the new company have to inform USCIS/labor dept/ or homeland security that I have started working with them?
3. Will the new company verify my employment eligibility against any of those departments?
Thank you.
Kaushik
Kaushik,
1. Yes, they will have to inform USCIS that you are no longer employed and cancel their H-1 petition which was approved for you.
2. Yes
3. Yes, usually employers do verification to make sure you are legally eligible to work on H-1 for them
Hi Saurabh,
My H1b petition was approved in April 2005. I never used it. I was in US from June 2006 till Oct 2008 and from June 2010 till present on L1B. My question is
1) Is it possible to use old H1b as its already 6 yrs from date on issue?
2) If I apply for H1b in 2013, will it help me or impact H1B approval?
Thanks in advance
Sumeet
Sumeet,
1. Generally, it can be used in next 6 years. As it has been more than 6 years, you can still try but I am not sure whether it would be accepted or not
2. Bn 2013 do you mean April 2013? You have already spent close 4 years on L-1. The maximum you can stay on L-1B is 5 years, and so it would be better to move to H-1 ASAP to get the 6th year.
Thanks Saurabh.. One quick question .I was in India from Oct 2008 till June 2010 i.e around 19 months before coming back to US on L1B again. I was under impression if I am outside US for 12 months, I will get another 5/6 years on L1B or H1B. Please let me know if my understanding is correct or not?
Thanks in advance
Sumeet.
Sumeet,
Sorry I overlooked the fact that you stayed out of US for > 1 year. Yes, your clock would have been reset and you will be eligible for H-1 for a term of 6 years minus time spent on L-1 during your 2nd visit to US.
Thanks Saurabh..
Hi Saurabh
I was having H1b filed with a company A and recieved petition from employer A. Now I transferred my Visa to Company B and that got approved. As I am not in US and I haven’t joined company A till now and not worked for them yet.So , Now I have 1797 from both the companies.
1) So do I have to inform my first employer and submit the I797 to them or what is the right way.
2) If I dont need to return the same. Can I keep it for future. After joining company B and if I didn’t like it can I go back to Company A without filing new petition?
3) Or my first petition automatically gets void
Please suggest.
PS,
1. Not required.
2. Yes, you can do that as long as A has a job for you in future
3. It is not automatically voided.
Is 1-94 is company specific? Or do we have file I-9 as we file in case of L1?
If thats the case then will it be possible form me to Join previous company without re-entering US.
PS,
Yes I-9 needs to be filled in case of H-1B. I am not sure if you can just go back to A, or anything needs to be done in b/w. If the old petition has not expired, then I don’t think another petition needs to be filed, but I am not sure if your can work for A w/ I-94 endorsed w/ B. Check w/ an attorney about it.
Hi dear saurabh how are you? i am from India currently i am in Dubai.can i apply for visit visa for USA from Dubai only.i can apply by myself or i need any consultant?please tell me me all procedure and requirements and minimum bank balance statement.my friend is US citizen.she wants to sponsor me..so what she need to do?
reply please…
THANKS
REGARDS
VIVEK
Vivek,
Are you referring to H-1 (work visa) or B-1 (tourist visa)?
FORT OURIST VISA
Vivek,
You can apply from Dubai, but call/email VFS before that. You need to show that you are not a potential immigrant. For this you need to show strong ties to home country to show that you will return back. For this carry leave of absence from employer, to show that you will return and join them. Social ties w/ home country also help. As for funds, if you are sponsoring your trip, then you need to have at least the funds to cover the expenses, else your friend should have.
Dear saurabh,
how much fund i need to show, and if i am not working with any company then?
Vivek,
You need to show at least enough funds to cover your trip expenses. I don’t know what your expense would be. You will have to make a guess by talking to your friend and taking airfare etc in consideration.
If you are not working, then you become a very ripe candidate to immigrate and your visa may be denied.
Dear Saurabh..
Request your advice for my situation…
1) My L1B visa is getting expired on Sep 23rd 2012 ,and I will also complete the 5 years period from the initial petition date. (Though I just stayed in US for total 3 years)
2) My company hence wants me to file H1 B this April .
My question is..
1) Is it ok to apply for H1 through L1B to H1B Change of status even though.. my L1B is getting expired before Oct 1st 2012.
2) Can I over stay for a week.. from Sep23d to Oct1st 2012?
Since my wife is on valid H1.. I have the option to come over on H4 between Sep23rd to Oct 1st.. But me applying for Change of Status at this time.. Do you oversee any problems? Could USCIS send me an RFE on my immigration status?
Your advice will really help my situation..
Best,
Shyam
Shyam,
It should be ok. When H-1 is filed for a person who is out of US, they can enter as early as Sep 20th. Using that analogy, it should be ok for you to be present for a week prior to actual H-1 approval start date. However, it is better to get this verified by your attorney as well. If the above theory is incorrect, then USCIS can issue RFE asking for status b/w Sep 23 to Oct 1.
Thanks a ton.. Saurabh
Also.. Just curious.. When I apply for H1-B in April/May .. Is there any benifit of applying the visa on Premium processing to the regular processing method ,since either premium or regular , would give the same visa start date – 1st Oct 2012.. ?
Shaym,
There is none. If it doesn’t get processed by Aug-Sep, then you can decide to upgrade to PP to get the result by Oct.
Hello Sourabh,
My wife is going to USA in L1 Regular Visa. I will be going as dependent along with kids. I have more than 10 years experience in IT industry. I understand that I can apply for EAD once I reach in USA. How easy is to get EAD?. Can you please indicate what is the risk involved here?.
I also got H1-B approval letter in 2007, which was never stamped. Hence I understand I can also apply for H1-B at any time ( no quota issue ).
I have the following questions. Please advice.
1. Which is better?. Going for EAD or H1-B?. My idea is to apply for a green card eventually.
2. Will my EAD become invalid if my wifes L1 visa expires?. If yes, what are the ways to avoid this?
regards,
Sudhir.
Sudhir,
Getting EAD is pretty simple, and I don’t know of any serious complications one needs to watch out for.
1. You can apply for EAD now and then while working for the employer, they can apply H-1 w/ COS for you. This will allow you to work for the employer even before getting COS approval. Also, it would allow you to work for bigger and better employes who can first look at your work while you work for them on EAD (no cost to company) and then sponsor H-1 for you (cost to company)
2. Yes, it will. Your L-2 and EAD is active only when she is in US working on L-1.
Hi Saurabh,
Thanks a lot. Your work should be certainly appreciated as you are doing free services for many.
Need some more clarifications. What is H1-w/COS means?
If I get an H1-b approval notice will my EAD becomes invalid automatically?
My idea is to have both ( EAD and H1-b ) and use H1-b only in case of emergency ( like when my wifes’s L1 – become invalid ). Basically I want to stay independently of wife’s status. Is that possible?
regards,
Sudhir.
Sudhir,
This is an article on COS.
Once you move to H-1 status from Oct 1, your L-2 and EAD will no longer be valid. As long as you on L-2 you are not independent of your wife’s status. You can be independent only when on H-1. If you want to continue working on L-2/EAD, then H-1 needs to be filed w/o COS, so that status remains L-2. Remember, your status is not EAD but L-2. EAD is a benefit extended as part of being on L-2.
Hi,
Saurabh. Just got a PO from a client. As said I am on B1 and want to apply in APRIL end or MAY 1st for a new H1b (As in earlier posts you said that its good to apply inbetween 60-90 days when on B1).
Will the quota be open in May 1st week or is there any possibility of it getting filled up. Will there be any lottery?? If I apply in may 1st week when can i expect h1b to come. My I-94 expires on july 30th. Is there a possibility that it gets approved by then. Please guide me so that I can successfully file and return back to USA with my h1b in October. Your inputs and guidance are immensly required for me at the moment. Thanks in advance.
Meena,
I think the quota will remain open till Sep and will not get filled-up in the first month itself. However, it would be better to follow the weekly updates to see if the situation changes.
If your I-94 is expiring in July, chances are USCIS would issue RFE asking for I-94 b/w July and Oct (for the approval of COS). B-1 extension may need to be filed, but its approval will depend upon USCIS and your reason for filing the extension. It’s better to check w/ your H-1 attorney on how to handle this.
Hi
My name is Raja. I am currently here in US with H1B Visa for 4.5 years, I have around 18 months left on my Visa. Can you please let me know When is the last month where i have to file for Green card to remain stay in US?
Thanks
Raja
Raja,
To be eligible for 7th year extension, either PERM or I-140 needs to be pending for 365 days. So you should start the process ASAP, so that at least the PERM can be filed before start of 6th year. Even before the PERM can be filed, around 3-6 months are needed for pre-filing (job advertisement, resume review period, DOL wage determination etc).
Hi Saurabh, I got a B1/B2 visa in the year 2008 for 10 yrs validity.I was in US for 3 months on B1 visa in 2008 and back to india..never turned back to US.Now I am planning to travel to US and my new employer wanted me to go on a B1 visa again where as I wish to have a H1.. So suggest me shall i prefer
1) applying an H1 here from india from my employer who has work locations in US.
2)travel on b1 and start converting /applying a h1 ther itself (is it possible with in my max. 6 months duration)?
Ur advice is very important..and also let me know the possiblities of getting H1 along with duration i need to wait to get an h1 stamped..
Siddhartha,
You should travel on B-1 only if you have valid reasons to travel on that visa. Any other use of B-1 will be considered as misuse and can lead to future rejections/denials. If you enter US on B-1, and then file H-1, then you can have following issues:
– USCIS can consider this as misuse of B-1 visa. To avoid this, H-1 needs be filed at least 60-90 days after entering US on B-1. If filed prior to that, it could lead to denial of COS
– The earliest start date of H-1 is Oct 1, and your B-1 may run out before that. It would be up to USCIS whether to grant extension or not
A better option is to file H-1 from out of US, and then travel on stamped H-1 visa. Depending upon your profile, employer credentials and offered H-1 job, you may or may not run into issues during H-1 stamping.
Thank you Surabh,
1) My present employer wanted me to travel on B1 on a valid purpose only.. we got some KT which needs to be transfer here in india.. so me travellin on B1 is not aprobleam.
2) As u advised me applying for an H1 visa ther would be mis consideration of miss use of my visit. – So do u want me to prefer appyling for an H1 this april/may and mean while go on b1 from here and complete my KT n come back india by that time if I get a valid h1 stamped shall i travel again ? or any better options.. Thank you
Siddhartha,
That should be the preferred option. Return to home country after completing the B-1 visit, and then go for H-1 stamping and finally travel to US on stamped H-1 visa. The risk is stamping in this case, which may or may not be an issue depending upon employer credentials and offered H-1 position.
Sir,
I am studying medicine in Delhi, currently in third year, i will graduate next year, and then a year of internship. I want to ask how the procedure for a MBBS doctor to work in USA.
Lokesh,
To work in US as a doctor, you need to get a license. You will need to take USMLE (www.usmle.org ). I am not from Biology major, please check out the details on the USMLE website.
Dear Saurabh.
I have worked in a Bank in India in various positions for a period of more than 28 years. Should I get experience certificate for all the positions which I held or only for the position for which my Labor Certification is to be filed.
Also should I get the responsibilities included in the certificate. Would appreciate if you can send me a appropriate sample
Thanks
Virani,
You can get a general certificate which has number of years listed. It would be good to have at least the information related to skills that are required for H-1 job.
Dear Saurabh,
Thanks for your help. Would appreciate if you can send me a format for the certificate.
Kindly also elaborate on your response “number of years listed” .
Virani,
A letter stating that you have been working for them from xxxx to yyyy. That’s what I meant mention the entire duration of employment.
I am already having the total service certificate from Bank but my attorney says that to apply under EB2 I should have cert for a particular post for progressive 5 years atleast, kindly advise. In case I do not get cert from Bank is there any alternative?
Virani,
Ohh you are talking about PERM LC and not H-1 LCA (both are labor certifications).
In this case, you need to get an experience letter from employer stating your employment start date, end date, specific duties you performed and specific skillset you learned. This should be in sync w/ the job duties and skillset mentioned in your PERM job description. It is not required to mention all the skills learned, but only the ones related to your PERM filing.
In case the employer is not willing to issue such a certificate, you can take it from ex-colleagues or managers, but there is a possibility that USCIS will audit the petition to ensure all such letters are relevant and genuine. Talk to your attorney if those documents will work in lieu. In the end, it’s USCIS and not attorney that has the final say whether those documents are acceptable or not.
Do u have any format?
Virani,
No, I don’t, but your attorney might have it.
What is meant by LCA and how much does it take for this process to complete?
Sahoo,
LCA = Labor Certification Application. This application needs to be filed by employer w/ DOL before starting the H-1 process to show that you will be paid at least the minimum wage for your profession in your work area. It takes around 2 weeks to get approved, and then needs to be published on employer’s internal boards for 10 business days.
Hello,
I have been working with company A for the last 7 years & out of which i have been in UK for 3 years. Now im planning to apply for h1b through company B while im still working with company A.
I would like to know if there are any chances of my H1 getting rejected due to problems from employee side?
The reason for this question is that …the company B has asked me to pay for the visa fess & told me that if the visa gets denied due to reasons on the employee side then the fees is not refundable….
I have a clean work/travel history…are there a chance to find negatives from my side??
Charan,
Yes it can be replied b/c of reasons related to employee. This could include you being under qualified for the position, or not having required education/skill set etc. If you are making such an arrangement w/ employer, then make sure they share the denial reason w/ you so that you can be sure why it was denied. Legally, the fees need to be paid by the employer.
Hi Saurabh,
My current employer(big MNC) is planning my H1b for fiscal yr 2013. i have total 4 yrs of exp having BE in computers.
I already have b1/b2 visa valid till 2019 from my last employer and i have travelled once on it as well.
In my work ex i have 2 months gap due to health problems so it is mandatory to show the gap in my resume or i can skip it as i already had some words with my employer but they seems to be confused and will there be any impact on my b1/b2 visa?
i already had some words with my employer but i think they are confused to
Sarab,
You need to show a true resume. So if there was a gap, it should be shown in the resume also. And it is ok to have a gap in employment.
Hi Saurabh,
Thx for the advice but today my immigration have decided not to fill in the resume as it is not related to my current employer and if they ask then you can tell the things there itself.
Is this the right decision made?
Will they cancel my b1/b2 if my h1 got approved?
Sarab,
Although the golden rul is that you should not lie to VO, but I don’t think this discrepancy will cause rejection. Yes, they can cancel B-1/2 w/o prejudice when applying H-1 visa.
Just lil curious …one thing i want to ask i am currently SSE and may be i will get promotion next month but i have filled my JD as SSE only.will this discrepancy create any problem..
Sarab,
It would be fine.
Hi Saurabh,
I had a h1B visa stamped on Oct 2000 & around I stayed in US till Dec 2002 after that I returned to India.
In India, 2005 I got the L1B visa from my Employer and the L1B validity period is Dec-2006. But I couldn’t use this L1B for travel.
In this case, My H1B is valid still? (I spend around 2 years ONLY in US)..
I want to come to US again, what is the procedure need to get
1)H1B Transfer (OR)
2) New H1B
Thanks for your excellent help ..
Regards,
Bala
Bala,
Usually the H-1 should been approved within last 6 years to be used for H-1 transfer. It would be up to USCIS whether to accept H-1 approved 10 years ago. If you are ready to wait until Oct to start H-1 employment, you should go for new H-1. You will get 6 new years of H-1 when going this route as opposed to 4 years when going for H-1 transfer.
Thanks.
No conflicts between my H1B & L1B visa isn’t? I thought after L1B stamped H1B period should be in void status.
Bala,
That is applicable when the applicant is in US. So let’s say you are in US on L-1 and H-1 gets approved w/ COS, then your L-1 status will become void. However, if you are out of US there is no such rule. You can either go for H-1 transfer or go for a new H-1.
Hello Saurabh
I worked in USA till March 2009 on an H1B from Company X. After that I returned to offshore & started working for the same company till April 2010. Before returning to offshore my H1B got extended till Jan 2012. After April 2010, I went on a sabattical till APril 2011 for completing my management studies in offshore country. But I did not join back in Company X. In May 2011 I joined Company Y which filed for H1 Transfer (based on my stay out of USA) on Nov-3rd with VSC (I am still in offshore location but with COmpany Y). Now VSC is looking for RFE as per the status shown in USCIS website on March 9th. I provided all the documents & information required. I was very confident that my case would get approved. But they are looking for further evidences. What could it be. Can you guess based on your experience with different cases.
Kumar,
Once your employer/attorney receive the RFE notice, they would know the actual documents/information asked and you can then take further action.
Dear Saurabh,
how are you? i have done 3 years B.sc degree in hotel management and i have 1 year experience in a restaurant.am i eligible to apply for H2B visa.if not then at what kind of visa i can enter to the US?
THANKS
REGARDS
VIVEK
Vivek,
I don’t know about H2 visa.
hi saurabh how are you? I need your help.i am in dubai can i apply for j-1 or visit visa or work visa from dubai US consulate or i need to apply from india.
Help me please..
thanks®ards
Vivek
Vivek,
It is better to call US consulate in Debai and ask their policy on TCN (third country national). This policy varies from consulate to consulate, and it’s better to check w/ them.
Dear Saurabh,
how are you? i have done 3 years B.sc degree in hotel management and i have 1 year experience in a restaurant.am i eligible to apply for H1B visa.
THANKS
REGARDS
VIVEK
Vivek,
You are not eligible. To be eligible one either needs 4 year of college degree (equivalent to US Bachelors) or at least 3 years of relevant work experience for each missing year of education.
Vivek,
See my response below to your same question posted earlier.
Hi dear saurabh,
how are you? I am vivek from India. my girlfriend is US citizen.she is from Waterloo,IA,USA. we met on Facebook before 1year.she wants me to get there.i have 3years degree in hotel management and one year experience. currently i am working in Dubai, UAE in a restaurant as a waiter.she told me to to apply for k1 visa but i saw information on a site that we need lots of proof like airfare ticket, phone bills, pics etc.is it true..how can i marry her and how can i get job there and settle in the USA.PLEASE HELP ME SAURABH..
THANKS
WARM REGARDS
VIVEK
Vivek,
I don’t have information about the K-1 visa (fiance visa).
Hi Saurabh,
I have got an H1-B approval notice in 2007. But the visa was never stamped. Now the approval notice is expired. I am planning to apply for a fresh H1-b this year. Will the earlier approval notice is useful anyway?. I read somewhere that if you get approval notice once then you will not be subject to the quota?. Is that applicable for me?
regards,
Sudhir.
Sudhir,
You can use it to file cap-exempt H-1. This way your H-1 can start prior to Oct 1 and you are not subject to quota.
Dear SAURABH,
Is US GOVT. decided to provide H1B visa only by the lottery system or it is by sponsors.currently i am in DUBAI working in a restaurant as a waiter and i am looking to work in USA.can you tell me how can i get job in USA.PLEASE HELP ME.
THANKS
REGARDS
VIVEK
Vivek,
H-1s are not allotted by lottery by default. Lottery is conducted only if there are more petitions received than the available cap count. In 2007, 2008 such a thing happened and lottery was conducted to randomly select 65K + 20K petitions. In 2009, 2010 and 2011 no lottery was conducted (except for the last day of quota filling to get the right count). Also, there is no per company or per country limits on the lottery numbers.
Hi Saurabh,
I came to US in H4 visa by Dec2011.I was employed before coming to US.I want to work in US Can i apply for H1B Visa.if so how can i apply the same.will any company
sponcer for H1B when i am in H4.
Harine,
Not many good credible employers are willing to file H-1 for H-4 candidates. You can approach consulting companies (desi ones or big MNCs like TCS, Infy etc) and see if they will be willing to file H-1 based on your experience and skill-set.
Hi Saurabh,
My hubby on L1 in US and trying to change from L1 to H1 in this 2013 quota. in case he changes his status ..does he need to wait until oct 1 to work for the company?
Thanks
Jagan
Jagan,
Yes, the H-1 cannot start until Oct 1 or the actual COS approval date, whichever is later.
Hi!
I know that in 2007 and 2008 the H1B quota was filled up in just one day on April 1. I believe that was just the general quota. Am I right? Can anybody please give me an idea of when (at the earliest) the advanced degree quota (additional 20,000) was finished in the last 5/6 years? I have seen the data for 2010, 11, and 12 from this website but could not find the data for 07-08 when the demand of H1B was the highest.
I am basically trying to get an idea of how long the general and advanced quotas will last this year.
Thank you.
Kaushik,
In one of those years, Masters quota was reached within 1st 5 days, while in the other year it remained open till mid-April. I don’t remember which one was 2007 and which was 2008.
Hi Saurabh..
1 more question to add..
4. Any predictions of the quota for FY 2013..how long will it last this time..
Thanks in advance..appreciate all the help..
Siri,
4. I expect it to remain open till Sep-Oct this year, but it’s just a guess.
Thanks. I just asked a similar question. I should have read this before asking.
Hi Saurabh,
I have few questions regarding H1..
1. I am on H4 right now and will be filing my first H1 for FY 2013. Is it mandatory that I should get it filed without fail in the month of April or I can do it anytime before the quota ends? If my H1 is approved say around June/July do I have to pay any taxes till Oct 1 my start date of work?
2. Also, can you tell me about the H1 B gap and how does it work?
3. I want your honest take on the probability of applying for a regular full time position and getting them to do my H1 and the chances of it being approved versus filing H1 through a consulting firm.
Waiting for your reply..Thank you..
Siri,
1. You need to get it filed before the cap gets exhausted. Like last year, one could have filed even in Oct-Nov as the quota remained open until Nov 22.
2. Are you referring to cap-gap? If yes, then it’s applicable only to people on F-1 and not H-4.
3. Filing through regular full-time employers is much more safer than filing through consulting companies.
Hi Saurabh,
I am on H1 and my wife and son is arriving in May 2012 (on H4), and planning to apply for H1 to her. Assuming everything goes fine and she gets job in US. I am just thinking,
1. Will her H4 status be overriden? mean she is no more dependent? if not
2. If she did not get next job (after 1st one is completed or contract is over), will her Visa status will be changed back to H4? can she hold both status?
any inputs and suggestion is helpful.
Shaan,
A person can have only visa status when present in US, but they can switch back and forth b/w different visa statuses as long as they are applicable.
1. If her H-1 gets approved w/ COS, then she will be on H-1 status from the COS approval date. If COS is not approved, then she would continue to remain on H-4 status
2. If she is no longer able to maintain H-1 status, then she can file COS to H-4. Once COS is approved, she will be on H-4 status (assuming you are still on H-1) and will have to stop working from that date.
@All:
One of my friend’s petition got approved couple of days back. It was EAC, regular filed on Oct 18. So lets hope people like me for whom petition was filed in Nov, we have 15-30 days left for the good news. 🙂
Am i correct Saurabh?
Hi Saurabh,
I am working for the India counterpart of my employer. I will be visiting US on 15th of April on my B1 for client meetings and some KT. My employer said he will be filing for my H1B after I reach there so that I don’t have issues at POE.
Now I hear that there will be huge rush on H1B (due to the rejections on L1/H1 soaring last year)and the quota might reach limit within first few weeks of April.
1. Do I stand fear of missing the H1B train by filing after April 15th (hopefully before April 20th ).
2. I have a history of L1 rejection. It was because my work experience was not convincing enough said my company immigration desk. Will this affect my H1?
Please advice.
Yoosaf,
1. I don’t think that quota will get exhausted in first few weeks of April. The high number of rejections is actually discouraging lot of employers from filing the H-1s
2. No, it won’t effect the outcome of your H-1 petition.
Thanks Saurabh. You are a delight.
Hi Saurabh,
I was on H1 visa from 1999 feb to 2004 Dec. I also has 7th year extension from Jan 2005 – Feb 2006 as my GC was under processing. But I went to India for good in the month of Jan 2005. Now I have unused 7th year extension.
Now I came to US on B1 visa. Now can the employer apply for h1 as my 7th year extension was not used. Or apply for H1b as fresh. Please kindly let me know.
Srini,
Usually one can apply for 7th year extension if one has I-140 approved. Is your I-140 still approved or has it been revoked? Also, your last petition is more than 6 years old, and I am not so sure that it can be used now or not.
A more cleaner solution is to go through the cap again.
hi saurabh,
why is this question asked in Indian /US councellate for h1b stamping
VO: Is it the first time you are applying your H1B visa?
does it mean that they dont stamp h1b for guys who already worked on h1b earlier
I had been in US earlier till 2001 on h1b. would that be a problem when I get a new h1b and go for stamping
saikrishna,
The VO already knows through passport etc that one has been to US in the past. This question is asked typically to measure your confidence and see if you plan to hide anything or not. If one has been in US in the past, then may continue to see if the person maintained legal status in US during the last visit etc. Your previous visit shouldn’t impact your current H-1 processing as it was more than 10 years ago.
Hi Saurabh,
My H1B petition got approved on 2nd Feb but havent got an interview date. Just wanted to know how much time does USCIS takes to send the original petition to the employer and in approx how many weeks for interview .
Thanks,
Mithun
Mithun,
It usually takes 1-2 weeks for the employer/attorney to receive the approval notice. However, it can take even longer b/c of postal delays.
hi,
will it be possible to change jobs during h1 b extension process? if not, then is it possible to change my employer (ideally my job as well) after I get the extension papers, but without a valid visa? I read that h1b transfer requires a valid visa as well…
Sriram,
Are you currently in US or out of US?
Hi Saurabh,
I’m in a terrible dilemma not knowing what to do regarding settling in USA.
Please help me out find the best possible solution for my situation.
1) I just arrived in USA today on B1 visa thru a company and was granted 6 months stay at POE (ie I-94) valid till August 15th 2012.
OK now my employer wants to file H1b (COS) during april end (ie after 1.5 months stay over here) IF my h1b gets approved lets say before August 15th 2012 (ie I-94 expiry date), I dont want to leave USA and get back to india as I heard STAMPING is v unpredictable at HYDERABAD. I heard if H1b is approved, I will get new I-94 starting from OCT1st 2012. So between my New I-94 (ie oct1st) and my b1 expiry stay over here ie (AUGST 15th). I just have 1.5 months difference (NO STATUS).
Can i stay back in USA and start working in OCT 1st without exiting USA so that I can avoid stamping. To be frank I dont want to go to India until my new H1b expires (due to fear in stamping in india)
Now . Should I go for normal process of H1b or premium? What is the best way in this scenario to avoid stamping and stay back in USA……………THis is a life deciding factor for me and my family, so please suggest the best way I could approach this. MANY MANY THANKS FOR UR VALUABLE SUGGESTION in advance
saikrishna,
Here are the issues you can face during this process:
1. As your H-1 w/ COS will be filed after 45 days of entering US on B-1, USCIS may question your intent. It won’t be as bad as filing COS after 30 days on B-1, but suggested wait time is around 60-90 days. Talk to your employer if it can be filed after you have stayed for at least 60-90 days in US on B-1
2. Like you mentioned, there will be a gap b/w Aug 15 and Oct 1. This will hold true even if your petition gets approved w/ PP. One option is to file for B-1 extension, but it would be up to USCIS whether to approve it or not (based upon the reason submitted). In addition, this extension needs to be withdrawn once Oct 1 arrives so that your status doesn’t change to B-1 on it’s approval. You will have work it in a way to make sure B-1 extension remains pending and is withdrawn after Oct 1.
3. Staying the entire duration of B-1 can cause issue during future stamping. I recently read few cases where applicant was shouted at for staying in US for whole 6 months on B-1.
If the employer has an attorney, you can discuss these w/ them as well.
Hi Saurabh,
Got it. Thanks for the reply. I’m pretty sure it would be difficult to apply for 2 more months extension after august 15th until oct1st.
Can you let me know about this approach.
Lets say I apply for premium processing, the result might come in a month and there is no option left for me rather than to leave in August 15th (i-94expiry).
Lets say, I apply via normal processing (h1b) and lets presume the result might take more than august 15th. Then instead of extending b1 again, can i just stay until oct 1st as the result of h1b is still pending? even though expiry of my I-94 ??
Please again suggest me the best to avoid B1 extension (u know they already issued for 6 months. So please suggest the best for me to stay back until oct 1st)
Saikrishna,
The safer option is to leave US before I-94 expiration and then go for H-1 stamping in your home country. However, that carries risk of getting delayed during stamping. If you file for extension, then it has it’s own risks. And I would suggest against staying just like it b/w B-1 I-94 expiration date and Oct 1. Each option carries some sort of risk. You should talk to an attorney to know which one has the least risks.
Hi Saurabh,
Thanks again. What risk is involved of getting delayed during stamping in india? If I leave in August and get back to India, Cant I go for stamping immediately? Do I need to have a NEW client letter (ie PO) showing that I have job. What exactly is the rule? please share.
Saikrishna,
You can immediately go for stamping, but as you are working for a consulting company, the consulate can issue 221g for additional processing while they do background check on employer and your work model. This is what I meant by delay during stamping. There is no set timeframe for 221g to get resolved, and it can take few weeks to several months.