H1b Wiki Q&A - Recent questions and answers

Can I enter USA using stamping on one petition and Approval notice from another employer??

Fri, 30 Mar 2018 06:21:04 +0000

Hi All,

This is a rather big post. I have been in the US for 3yrs on H1B visa. I changed employer after moving to the US. I have a valid/approved I-797 from my current employer until June 2019. I work on EC model. I recently came to for stamping and received 221g (blue slip). Before coming to India I received a full-time offer from a fortune 500 company and they were ready to transfer my visa. As, I didn't hear anything from the consulate for almost a month, I spoke to the new employer's attorney and they said I can get my H1B transferred while I am in India, but it has to be through consular notification. All said and done, my new employer has started the H1B transfer and I got the approval with-in a week. A few days back, I received an email from consulate asking for the MSA between my employer and the Client. My current employer has already responded to the consulate's request by submitting all the required documents.

My question is, since I gave notice to my current employer, what if the consulate asks me to submit my passport for stamping?? Can I travel to US with my current employer's stamping and new employer's approval notice and offer letter??

Your help/advice would be highly appreciated.

THANKS IN ADVANCE

NON E - Verify COMPANY WORKING ON OPT

Mon, 26 Mar 2018 23:06:19 +0000

My employer was not e-verified. I said them if I have to apply for an extension, the company need to be e-verified. Now my company is e-verified. Do I get any problem with my OPT extension? I Know it's not mandatory to work for an e-verified employer in first 12 months of OPT.(Mandatory for 24 - month Stem Extension)

URGENT H1B TRANSFER QUESTION - JOB TERMINATION

Mon, 19 Mar 2018 12:50:35 +0000

My last working day was 10/Mar/2018. Grace period is until 7/May/208. My H1B started on 10/Jun/2015 and current extension is till 01/2019 with I94 until 04/2019. Now I got a job offer with New Company A who is filling my H1B Transfer this week and I have not yet started my job with A. I m expecting a better offer from New Company B, which I am interested for - however by the time I receive filed H1B Receipt by Company B, it may cross 7/May. So, Do I have to join Company A, just to activate my H1B filed by Company A, OR I can simply wait till Company B to file and send me H1B receipt and I start working at Company B (pass Company A & not join at all ) - PLEASE ADVISE.Also, Can I start working with the Receipt or full approval is required?

Also is it possible that, when I receive the approval from Employer A or even Employer B, USCIS may give a an Approval with out updated I94, by which I will have to go to India to get is stamped? PLEASE ADVISE - Thanks.

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Thu, 15 Mar 2018 04:17:59 +0000

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Tue, 06 Feb 2018 11:09:32 +0000

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H1b visa stamping in mumbai, how to contact mum consulate?

Thu, 07 Dec 2017 10:09:39 +0000

Hi All,

I did my Dropbox on 17 nov17.

Got an email to collect passport on 20nov17, but online visa status showed as "admin processing".

When collected passport it was without stamp and had 221g form asking me to attend visa interview alone along with wifes passport and 3 documents - LCA, client letter and paystubs.

Attended visa interview on 24nov17.
VO asked me some basic questions and they took LCA, client letter and paystubs.
VO looked at LCA and client letter properly. She didn't saw paystubs.
VO took fingerprints and called my wife inside to take her fingerprinting as well.

Further VO issued me 221g and retained client & vendor letter and returned our passports and informed me that they need to do further verification with my job at clientside. She said it can take around 2 weeks for the verification to get completed and they will inform me further via email.

My case was created on 17 nov17 and updated on 24nov17 which was my visa interview date.
It has been more than 2 weeks but no update yet. Also no calls/emails came to my client manager yet.

I am checking the visa status online and waiting for consuler email to arrive.

Is there any way we can ask them for an update, whether they enquired to the client, how long it will take for the process, etc.

I know there are similar cases occurred with other people and based on their and your experience, is there an email address by which we can contact mumbai consulate??

And is there any specific questioners they ask to our client manager so that I can give headsup to them..?
Is there anyone who is the same boat, who got 221g in november and whose visa got approved later.?? I think people are not updating their status, once visa is issued.

USCIS should provide proper status checking.
If everything was good all documents were clear then for no reason they r putting us in trouble

Is recent client letter absolutely required for H1b stamping?

Tue, 28 Nov 2017 07:05:01 +0000

I work in Employer, Vendor, Client, Model. My H1b is approved and I am going for stamping in December. I have Employer Letter, Vendor Letter and Client Letter when my H1b was applied in April (8 months back). Is it absolutely necessary to get another client letter which is recent in date?

Answered: H1b visa rejection chances at the interview with regards to experience and documentation

Tue, 07 Nov 2017 17:08:48 +0000

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Иногда обстоятельства складываются таким образом, что человеку срочно требуется взять займ до зарплаты на карту . Чтобы получить срочные займы в банке, придется собрать большой пакет документов: справку с места работы, заверенную копию трудовой трудовой книжки, согласие поручителя, залоговое имущество. Далеко не каждый человек способен быстро собрать все это. Между тем получить онлайн небольшой срочный займ в любой микрофинансовой организации на карту Газпромбанка , Сбербанка, либо на электронный кошелек не проблема. Так, срочный кредит до 5000 рублей можно без отказов получить онлайн , а вот срочно найти 100 000 или хотя бы 50 000 руб сложно даже в Москве. А в небольших городах — таких, как Ногинск или Электросталь э та задача представляется и вовсе нереальной .
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Если на работе есть возможность быстро получить пакет банковских документов, то с ними можно обратиться в любой банк, а еще лучше — в несколько, чтобы шансы получения денег были максимальными.
Если же документы получить невозможно (в крупных организациях получение справок может затянуться до 7 дней) или если из банков придет отказ, придется искать других кредиторов, готовых предоставить займ до 100000 рублей на карту без отказов с перечислением денег на карту Газпромбанка или любого другого российского банка . Тогда человек может рассчитывать на быстрый займ с 18 лет.
К сожалению, получить срочно на карту без комиссии до 100000 руб проблематично даже в микрофинансовых организациях. Большинство из них выдают небольшие срочные займы :
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Некоторые из этих МФО готовы незначительно повысить кредитный лимит своим постоянным клиентам, однако это будет сумма, лишь незначительно превышающая максимальный предел. Обратите внимание, что кредиты онлайн на карту с плохой КИ (кредитной историей) могут предполагать более высокий процент. Впрочем, учреждения, готовые дать в займы крупную сумму, все же существуют (например, «Мера займы», W owzaim, «Миг кредит»).
Правда, срочные займы предоставляются исключительно постоянным клиентам с хорошей кредитной историей или же при условии официального подтверждения уровня доходов и занятости. Получить в таком размере мгновенный займ на карту без проверки будет проблематично.
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Как оформить крупный микрозайм.
Что же делать, если необходимо срочно взять до зарплаты крупную сумму, а в МФО выдают только небольшие микрозаймы? Можно обратиться в несколько МФО с заявкой на 50000 руб . Получить два займа по 50000 рублей в Москве или 4 по 25 000 не составит труда, ведь небольшие заявки в МФО удовлетворяются практически без отказов .
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Answered: Will it be a problem during H1B filing/interview, if I transfer universities during my masters?

Tue, 31 Oct 2017 15:02:57 +0000

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Sat, 07 Oct 2017 21:11:33 +0000

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Any idea about current (July 5, 2017) H1b transfer processing time?

Wed, 05 Jul 2017 16:24:45 +0000

Any idea about current (July 5, 2017) H1b transfer processing time?

How to answer questions regarding my current job during the US H1B visa interview when I am unemployed?

Sat, 17 Jun 2017 05:04:08 +0000

- I was doing a job in X company(outside USA) and got another job offer from Y company (in USA who doesn’t have a branch domestically in my country) which filled the H1B petition for me.

- Before Y filing the petition in April I had left my job in X company few months back. Then my petition was selected in USCIS lottery.

- Now, I might be having a visa interview in coming few days but don't have an ongoing job (except Y job "offer") domestically.

How much does it matter if one doesn’t have a job in the visa interview as they ask questions regarding current/ongoing job?

New h1b in place of abandoned h1b?

Tue, 30 May 2017 17:37:13 +0000

Hi,

I did my M.S. in US back in 2007 and I got h1b through h1b lottery in 2007 under STEM category. I used only 1 month of H1b and went back to my home country. I am trying to join a new company now but I cannot transfer my old H1B because it has been almost 9 years. I never entered US on this h1b so far. If the company wants to file a new h1b,

1) Do I have to go through the lottery again? If yes, will it be the same procedure just like other new MS graduates next year?
2) Is there a way the company can just apply for h1b now not wait for april 1st 2018? If yes, premium processing should take just 15 days, right?

Thank you very much for your valuable feedback.

Thanks,
Raja

Can I continue to work for a cap-exempt employer after my OPT expires while an H1B petition is pending?

Mon, 22 May 2017 18:47:17 +0000

I'm currently on OPT, which expires on 6/12/17. I'm going through the interview process with two cap-exempt employers. If I start working and if they file an H1b application before my OPT expires, can I continue to work with them?

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Sat, 13 May 2017 08:35:53 +0000

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NOID : need a help in understanding NOID for H4 and issues faced for H4

Mon, 08 May 2017 19:32:28 +0000

Hi, My spouse traveled to INIDA from USA a day before (‪25-June‬) my organization submitted the extension application to USICS (‪26-June‬) due to this My spouse''s extension application status has been update as NOID. I got anupdated that my family can travel after my spouse extension application has been withdrawn and given explanation for NOID. Now we got our visa stamped and planing to travel in 3 days. Will this impact my family''s entry to USA.

Need help with F1 OPT to H4ead process

Fri, 05 May 2017 14:21:33 +0000

Hi, I'm currently on h1b and my wife is working in f1OPT. Her employer has applied for h1b this year. However her opt expires on July 8th. I also have my i140 approved. And we're waiting for h1b decision for my wife. In this situation is there any way my wife can continue to work without losing the work authorization, if her h1b doesn't get picked up? I appreciate your time and help

Two H1 B's picked from multiple Employers for the same Client and position

Fri, 05 May 2017 02:58:40 +0000

My Case:
Hi, I have filled two H1-B petitions and Both got picked. One is from my Employer(A) and Other is from Middle vendor/layer(B) for the same position at same Client. As both got picked for the Same position from different Employers I'm confused what steps to be taken further.
Note: From Employer(A) I got my STEM-OPT Extension approved and I'm currently on 12 months OPT period.

In this Situation what should I do now?

Does LCA includes COLA also

Wed, 19 Apr 2017 22:24:22 +0000

My LCA was filled as $61,797 , where as FLC Data Center talks about $64,813 year

Anyway, I thought , I will be getting Base : $ 61797 + COLA : $ 5500 = Total $ 67297

But my employer is only giving me Base : $58600 + COLA : $ 5500 = Total $ 64100

They told COLA is part of Wages(i.e. $ 61797) .

Can you please tell that whether wages includes BASE + COLA or COLA is additional on Wages.

What is the best way to find H1B jobs in USA

Thu, 13 Apr 2017 09:42:12 +0000

Explain the various ways to apply for H1B jobs in USA and also provide the name of best jobs search site in USA for international students job search.

h1b visa rejection reasons in USA ?

Thu, 13 Apr 2017 09:32:22 +0000

please describe the reasons behind H1B Visa rejection in USA. please explain in details

I have valid H1B visa till Nov 2017. I plan to travel to India for 3 weeks ..Any issues can I travel ?

Sat, 04 Feb 2017 19:39:43 +0000

I have valid H1B visa till Nov 2017 ? Myself & my wife (H4) & my kid (USA citizen) planning to travel to India for 3 weeks .Is there any issues in travel or port of entry?

Kindly advice whether can I travel

Can a H1B holder work as driver for Uber or Lyft

Tue, 17 Jan 2017 14:57:26 +0000

Can a H1B holder work as driver for Uber or Lyft

h1b petion transfer 2017

Thu, 12 Jan 2017 22:39:27 +0000

Hello friends,

I had a query regarding H1B visa. I had applied for H1B visa last year via a Consultant B. I work for Company A in India. I got I- 797C Petition approvedfrom Consultant B. I am still working for company A in India. I have not joined Consultant B and i dont have any Pay Stubs of Consultant B. I have never travelled to US before. Stamping yet not done. I had below queries -

1. Can i transfer my petition to Company A or any other employer? I dont have any Pay stubs from Consultant B as i am not working for them yet.

2. If i go for Stamping via Consultant B and my visa gets Stamped. Can i transfer my petition to Company A or any other employer? I dont have any Pay stubs from Consultant B as i am not working for them yet.

Thanks and Regards,
Manikandam

RFE for Maintenance of status when work location changed

Sun, 08 Jan 2017 21:50:41 +0000

Hi, thanks a lot for your help thus far!

I am still dealing with H1B issues from 2016. I had to change my position & location within the company (same employer) in Sep, 2016. My H1B petition had been selected in the lottery by then and I was working on OPT that had been extended till Sep 30. My H1B petition was filed in Change of Status. I started the new role in Sep, 2016 and I have mostly been in training since then. The HR/lawyers took their time and USCIS received the petition for amendment & extension in mid-Dec, 2016 in premium processing.

USCIS has issued an RFE to explain how I maintained my status with regards to the previous petition. Specifically they have asked how my paystubs show office B (in city B) while I was approved to work in office A (in city A).

What are my options right now? Since I still do not have an H1B visa (I believe I only have H1B status), the outcome impacts my H1B visa and legality of stay for almost 3 months. I am very worried. Could you please let me know how serious this RFE is and what are my options to position myself for maintenance of status?

Thanks!

H1 B Denied MTR is under process Can we apply H1B for this year cap (2017)

Tue, 03 Jan 2017 08:57:55 +0000

During Last year cap(2016) I have applied for H1B through my employer, But unfortunately Petition got denied.
Last year process stages below
1. Got the lottery confirmation on 11May2016.
2.Went to RFE status on 8th Aug 2016.
3. Responded to the RFE with amendment for client change on 28th Oct 2016.
4. After 61 day Denial decision was made on 29-Dec-2016.
I am not aware of the denial reason. again can we apply H1B for this year cap (2017) with another employer? Kindly provide your suggestion.

How long I can stay in US over my approved H1B extension when I-94 is expired along with US Driving License?

Tue, 06 Dec 2016 22:45:06 +0000

How long I can stay in US over my approved H1-B extension when I-94 is expired along with US Driving License?

Regarding H1- transfer based on I797C receipt?

Thu, 17 Nov 2016 19:57:49 +0000

My case was selected in this years lottery. I lost my job in the month of August. I got a I797C receipt notice from my lawyer. It is not approved yet and case is still pending. I am on Stem OPT and my EAD is valid till Aug 2017. Meanwhile I got a new job after 3 months. Can i get it transferred based on I797 C receipt with my new employer?

7th yr on H1B(Aprvd 140) with A, transfering to B company that is bought by C already, new mgmt(C) will start in 2 mnths

Fri, 11 Nov 2016 17:46:40 +0000

Hi All,

I am on my 7th yr of H1B and have an approved i140(PD 01/20/2013) with company A. My visa is valid until 08/15/2017. I am currently working as a contractor with B company over 3 years and B is willing to hire me and transfer my H1B to B and start the GC process in few months. But B is already bought by C and the transition is in progress. C will start running the whole operations in 2 months. If B's H1B transfer is approved in premium, then I am planning to join B, not while the petition is in motion.

Questions below and expecting expert answers, Thanks in advance:

1. What could be the new end date for B's H1B transfer?

2. What will happen to the H1B with B, if C start running the whole operations in 2 months?

3. As I am not expecting to go out of status and leave the country for any reason, what could be my best ways/odds to smoothly transfer to B, and start working with new C management and retain my priority date (01/20/2013)

Thanks,

Mani

h1b visa stamping in santiago, chile for Indian passport holder living in usa

Tue, 27 Sep 2016 14:02:23 +0000

Hi, I am living in usa since several years and planning to goto Santigao, Chile and get my new h1 stamped.I am in my 2nd cycle of 3 years and recently started a new job so need to get the new h1b visa stamped. I have an email from the consulate in santiago saying "since you have the 797 document we can issue you a visa". Is that enough to just go there on a vacation and get it stamped? I have never heard of any Indian do this before. What happens if they refuse to do it when I go there? and can they say no later or is the email enough proof that they have to honor it?

H1b stamping

Wed, 21 Sep 2016 12:34:50 +0000

I need to get my H1B visa stamping done(2nd time). Currently I stay in the USA and I am planning to get my visa stamping done in Canada. My main reason for travelling to Canada is my brother's house warming party. I want to know while applying for Canada tourist visa, do I need to mention that I would be getting my visa stamping done besides stating about my brother's house warming ceremony, .

Since this is my 2nd H1B. Do i have to get visa stamping done with my new employer or I can return back to the US with my old stamping (which would be still valid at the time of entry into US) and also by showing them my approved i797A copy with new employer

221g in Administrative processing for 4 years +

Tue, 13 Sep 2016 14:51:13 +0000

My petition has been approved as below 4 years back. Details as below,
"Notice Type: Approval Notice
Class: H1B
Valid from 10/12/2011 to 09/30/2014"
But while stamping , I got the pink slip and asked for additional document from employer, which I have submitted,
But my case is still under the administrative processing, I would like to get advice on whether i can look for new employer under cap exempt or is there any other better method available.

What are my options if H1b is approved only for four months?

Sat, 03 Sep 2016 12:18:44 +0000

I got h1b approval notice on August 11 2016 with duration starting from Oct 1 2016 to Jan 31 2017 (just 4 month)

Due to high volume the consulate has noted 15 weeks of wait time for stamping and my employer says we need two months prior to expiry for stamping. What should I do? Is there a way to change the date or extend before traveling?

In my i797 filing document the end date is mentioned as 06/15/2019.I am not sure why they provided approval for four months. ( my employer has created service request for this issue)

Please assist.

H4 EAD Application while changing jobs

Tue, 30 Aug 2016 19:18:03 +0000

My situation:

1. I have approved I140 from Company A
2. Applied for H4 EAD (applied today so it will be in process for atleast a month if not more)
3. Received offer from Company B

Questions
1. What would happen to H4 EAD application if I join Company B and Company A revokes my I140? Will it get denied for the reason I do not have approved I140 although when I applied for EAD my I140 was valid?
2. What would happen to H4 EAD application if I join Company B and Company A does not revoke my I140?

I really want to accept the offer from Company B but not sure what would happen to the EAD application, any help is really appreciated! Thanks!

My employer says H1B transfer is not possible. Please help

Thu, 18 Aug 2016 22:56:45 +0000

Hi,

I have done MS in USA from 2006 to 2007 and I got H1b approved from 2008 to 2011 under Master's(STEM) quota. I only worked for 4 months in this visa and I went out of USA. I came back to USA in 2014, starting working using L2 EAD and got cap-exempt(non profit) H1B approved. I am currently working on this H1B visa. Recently, I got an offer from a for profit company and I wanted to transfer my old for-profit H1B to the new company. However, since it has been more than six years(from 2008), my new company's immigration specialist is saying h1b transfer is not possible. Can you please advise?

Thank you very much,
Raja