Due to many limitations in blogger, I decided to move away from Blogger. The new site is externally hosted and it will have more functionality. Still there are some bugs and layout issues. I have spent most of the weekend trying to find a good theme and way to move the site. It has been pretty intense and I slept very little ! I will fix the issues with website in coming weeks…the URL will be same and the feedburner subscriptions should just work normal…. If you have any suggestions or recommendations for website design, drop a line ! If you like to make any suggestions directly to me instead of comment on blog, you can use the contact page and fill out form. It will come to my email.
I do have few questions outstanding from last week to be answered….I will answer soon as new posts !
Hi My name is Kuldip and My OPT has been ended on 2/82012. I have applied my H1B on 29/9/2011. Then I was waiting to get response from USCIS but then finally I did convert my application on Premium processing on 1/12/2012 and got an RFE on 1/27/2012. I have a due date to respond to RFE is 4/20/2012 and my 60 days of grace period is going to ended on 4/8/2012. So my question is if I reply my RFE after 4/8/2012 do I need to take the admission or it will be okay if I do not take the admission in any of the school. Also Can I technically work after end of my OPT as my application is still pending to the USCIS.
Your help will be much appriciated.
Kuldip Gothi,
You cannot work while in grace period. I think you can continue to stay on the basis of pending H-1 w/ COS, but you should check w/ your attorney as well.
Saurabh Thank you so much for the information. But still have a question what should be the best way, do I just wait till my H1B done or should take the admission in some school till my H1B is under processing? What should be the best way to get the H1B?
Thank you again Sir.
Kuldip Gothi,
IMO, you can continue to stay while your H-1 COS is pending. You don’t need to enroll in any school (even if you want to do that now, it may not happen by 4/8). You can get more information from your attorney.
Hi Saurabh,
My H1B got declined 2 days back so now how many days do I have to be in legal status? And can I file the H1B again from the same employer or It’s better that I change my employer?
Kuldip Gothi,
You will have to check w/ your attorney if you get the typical 60 day grace period once your H-1 gets denied. If you are getting the grace period, then another employer can file H-1 for you and you will be in cap-gap (which allows you to stay but not work as OPT has expired). If you are not getting any grace period, then you should leave US ASAP as you are no longer in valid status.
Hi Kumar,
Ya. It make sense. Gap in employment should not make somebody ineligible. But in India it is hectic. People dig this more than the skill. So worried and wanted to know your views on that.
Appreciate your reply and time.
Thanks,
Raj
Welcome !
Hi,
Appreciate the effort you put in to explain each step in US life for Internationals (especially Indians) and how to avoid / manage any problem we face.
It is really a useful website. I just read even the topics irrelevant to me (such as Phd, MS) and understand things, since it was so simple and practical.
I have a question: Will it be a problem to apply for H1b if somebody has gap in employment.
Ex: A developer worked for ABC Infotech in Bangalore for 4 years. Then came to US on H1b Visa thro’ DEF Inc. USA .Worked in US for 3 years. Lost job in US and returned to India. Got job with XYZ India, Bangalore after 7 months of his return to India. He has completed 6 months now with XYZ India, Bangalore. His total experience is 7 years and 6 months (But he has 7 months gap in employment). Will there be a problem in getting a H1b Visa approval or Visa stamping when there is a gap in employment.
Can you or somebody share their experience please.
Thanks a Lot.
Regards,
Raj
Thanks for nice words Rajkumar !
My perspective is, there will not be a problem at all. It is not the continuity of the employment that is important for getting your H1B visa, it is your advanced skill that is looked at and how they present your case for the position they are seeking you for. You have outstanding experience and skill. Think about it, what if you took a 7 month unpaid vacation from work to visit world ? So, does it mean that taking vacation means No H1B approval ? or what if someone went through surgery ? will that be questioned ? My logic is NO. Many Americans take time off and travel. So, it should not be a problem based on my knowledge and logic.