24
votes
Accepted
If an H-1B worker is laid off while outside the U.S., how quickly are they barred from entering the US?
Is the visa cancelled immediately? If so, how?
It doesn't matter whether the visa is cancelled at all. It can't be used because the former employee no longer meets the conditions for admission in H-...
- 22.2k
10
votes
Accepted
Can I keep H1B status if my employer cannot pay me because the company runs out of money?
To answer you question, being a former H1B myself.
You are in valid h1b status because you are working. Your employer however has violated the H1B statutes and Labor statutes by not paying you. At ...
- 497
8
votes
Accepted
My husband's getting a H1B visa, can I expect any type of work permit in USA?
Unfortunately, the only derived status the spouse of an H-1B can automatically acquire is an H-4, which allows one to live in the US but generally not to work. The exception to the last bit is that, ...
- 1,786
7
votes
H1B application after visiting the DPRK
Yes, of course it will affect your application. With any luck, however, the effect will be minimal.
The officer examining your application will want to know why you visited the country in question, ...
- 22.2k
7
votes
Accepted
Validation error on USCIS website while checking H1B case status
Try registering here (check the below url) and adding ur receipt number. That worked for me. https://myaccount.uscis.dhs.gov/
- 86
7
votes
Does holding a Canadian citizenship enable a person to get US H1b / L1 much easier than citizenship from third-world countries?
Not really. The process is mostly the same. A Canadian citizen would still need an H-1B or L-1 petition filed by the employer and approved by USCIS, just like someone from any other country, including ...
- 15.4k
6
votes
Accepted
If I ask my company to transfer me from Europe to US, do I need to go through visa lottery?
An L1 visa is "dual intent" meaning you can plan, and apply, to stay permanently in the US while working on an L1 visa. Historically, it has been easy to extend for up to five years, but the current ...
- 1,134
6
votes
If an H-1B worker is laid off while outside the U.S., how quickly are they barred from entering the US?
H1b visa depends on employment. You cannot enter more than 15 days before the employment starts or after the employment ends. If you're laid off while outside the US and your employment ends - the ...
- 11.5k
5
votes
Accepted
H1B visa marrying a US citizen: can stay in US and work?
You can apply for Adjustment of Status. Basically, after marrying, forms I-130 and I-485 can be filed together (your spouse fills out I-130 and you fill out I-485). Each form has many required ...
- 15.4k
5
votes
I-94, H1B visa not activated
Your question is confusing because you seem to be using some terminology incorrectly.
You said "I received an H1B visa." But it's not possible to receive a US visa inside the US (rare exceptions for ...
- 15.4k
5
votes
Accepted
H1b visa after job termination
You remain in H1b status for 60 days after leaving the job, unless your I-94 expires sooner (in which case you will remain in status until the I-94 expires). Furthermore, as you have a pending I-485, ...
- 15.4k
5
votes
Can I be hired by my boyfriend in his company with H1B visa?
The H1B process takes time, luck, qualifications, fees, and skilled form-filling. I suggest avoiding it by never working in the US. You would go on living in Spain and only visit the US for short ...
- 1,134
4
votes
I have a master degree in Chemistry, experienced in Programming but don't have any degree in CS
If you find a company that wants to hire you, they will apply for that visa.
The main point is not what qualifications you have in detail, but that they cannot find equivalently qualified resources ...
- 1,521
4
votes
Is it possible to leave and re-enter the USA while in an H1B post-employment grace period?
You cannot enter in H-1B status during your 60-day grace period because the grace period expires along with your nonimmigrant status as soon as you leave the US.
If you have an approved petition to ...
- 22.2k
4
votes
Accepted
Am I eligible for H1B visa after undergraduate studies?
Assuming this is not a cap-exempt H1b (non-profit or on a school campus), an H1b effectively can only be applied for every April 1 for a start date of October 1. (There is a quota on how many are ...
- 15.4k
4
votes
Accepted
Passport renewal : H-1B visa stamping on soon to expire passport
Generally, you can be issued a nonimmigrant visa if your passport is valid for at least 6 months. However, for passports of countries in the "6-month club" (which includes India), a nonimmigrant visa ...
- 15.4k
4
votes
Accepted
Can I renew visa inside the U.S?
You can't renew it inside the US, but (assuming you haven't violated the terms of a US visa in the past) you can renew it at a US consulate in another country.
If you are currently inside the US, you ...
- 22.2k
3
votes
I have an approved H1B petition, but my employer has stopped hiring. Can I get it transferred to a new employer?
No, and a qualified yes.
There is no such thing as transfer of an H-1B, although some do refer to it as such. Nothing is transferred, not by one employer to another, and one doesn’t even have to know ...
- 4,723
3
votes
How long submitted DS-160 is valid?
Here's a response published in The Hindu Ask the Consul, a weekly feature in which US Consulate officials reply to those with any queries about visas or services. While not recent, the article ...
- 4,723
3
votes
Accepted
I have a master degree in Chemistry, experienced in Programming but don't have any degree in CS
H1b qualification requirements from the USCIS website:
A bachelor’s degree or higher degree or its equivalent is normally the minimum requirement for the particular position;
The degree ...
- 499
3
votes
Has anyone ever filed an I-130 or I-140 Immigrant Petition on your behalf? Impact of previous H1 (lottery unpicked)?
H1b is a nonimmigrant visa and has nothing to do with immigrant petitions. If nobody has petitioned you to immigrate, the answer is No.
- 15.4k
3
votes
Accepted
Has anyone ever filed an I-130 or I-140 Immigrant Petition on your behalf? Impact of previous H1 (lottery unpicked)?
An I-130 is a petition for an alien relative. That's a family-based visa and inappropriate for someone you plan to hire.
An I-140 is a petition for an alien worker who has extraordinary ability or ...
- 2,692
3
votes
Validation error on USCIS website while checking H1B case status
Validation Error(s)
You must correct the following error(s) before proceeding:
My Case Status does not recognize the receipt number entered. Please check your receipt number and try again. If you ...
- 31
3
votes
Accepted
Leaving the US on H1B. Will I be cap-exempt in the future?
If I take a job in the UK with a different employer in January, do I forfeit my H1B status?
As far as US immigration law is concerned, you lose H-1B status every time you leave the US. An H-1B ...
- 22.2k
3
votes
Do I need to apply for H1B lottery if the company wants to hire me?
Umm - no - that's not how this works at all - it looks like you're confusing different kinds of visas.
If a US-based company want's to employ you and have you move over to the USA, then that ...
- 499
3
votes
Indian Passport with F1 visa not stamped upon entry to the US(I-94 is up to date). Will it be a problem when I apply for H1B?
I don't think it's a problem. They don't always put entry stamps on passports (e.g. if you go through an automated kiosk), and people sometimes lose passports so could no longer have the entry stamp. ...
- 15.4k
3
votes
Accepted
I got my H-1B (from TN), but what about my wife's TD?
They generally do not accept Change of Status applications filed when the person is already out of status, unless there is a good reason. It might be possible to file a nunc pro tunc Change of Status ...
- 15.4k
3
votes
H1B (or similar) while marriage based greencard pending from outside the US?
Most types of nonimmigrant visas are subject to the presumption of immigrant intent under INA 214(b), where they must presume that you are an intending immigrant (i.e. you intend to immigrate on this ...
- 15.4k
3
votes
Accepted
What is the fastest way to start working in the US as highly skilled worker?
I believe, that the only way to expedite the H1B process (and also guarantee your visa) is if you were applying to work for an university. My understanding is that because they're cap-exempt you may ...
- 979
3
votes
Consular access application for US H1-B visa | Pros, Cons, Options and Feasibility
How much time are we allowed to get the H-1B stamped after it being approved for the consular process?
Once you are in H-1B status, you need an H-1B visa to enter the US. You can begin your H-1B ...
- 22.2k
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