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24 votes
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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-...
phoog's user avatar
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10 votes
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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 ...
user 56513's user avatar
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, ...
Dennis's user avatar
  • 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, ...
phoog's user avatar
  • 21.3k
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/
Ann's user avatar
  • 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 ...
user102008's user avatar
  • 14.6k
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 ...
Patricia Shanahan's user avatar
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 ...
littleadv's user avatar
  • 10.7k
5 votes

Does the "base salary" information reported on an H1B Visa application include RSUs?

RSU's are not reported as "base salary" because they're not base salary. RSUs are bonuses, and cannot be "base salary" by definition - since they're restricted. RSU's are generally awarded as a ...
littleadv's user avatar
  • 10.7k
5 votes

How do I know if my H1B is transferable?

My H1B was filed by my university, and was approved in last October 2015. That's how. There was no quota in October 2015 available, i.e.: your H1b wasn't subject to quota. You cannot transfer non-...
littleadv's user avatar
  • 10.7k
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 ...
user102008's user avatar
  • 14.6k
5 votes
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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 ...
user102008's user avatar
  • 14.6k
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, ...
user102008's user avatar
  • 14.6k
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 ...
Patricia Shanahan's user avatar
4 votes

Is there a mandatory delay between a J1 and an H1B visa?

It's tricky trying to find something that explicitly allows this, because trying to prove something is legal is often like trying to prove something is negative. However, you seem to have anticipated ...
jimsug's user avatar
  • 259
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 ...
Aganju's user avatar
  • 1,503
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 ...
phoog's user avatar
  • 21.3k
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 ...
user102008's user avatar
  • 14.6k
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 ...
phoog's user avatar
  • 21.3k
3 votes

I have EAD - does it mean that I can work in US?

On what basis did you get an EAD? People working on H1b do not get EADs. Probably what happened is that you applied for Adjustment of Status (the process of getting permanent residency within the US), ...
user102008's user avatar
  • 14.6k
3 votes

Re-entering US on H1B visa just before expiration date?

A US visa is for entry to the US, and is thus usable any day up to, and including, the day it expires. For H1b, you will generally be admitted until the expiration of your H1b petition (unless your ...
user102008's user avatar
  • 14.6k
3 votes
Accepted

Is rescinding an ITIN mandatory after receiving an SSN?

Once you get an SSN, you must use that number for tax purposes from then on, so your ITIN cannot be used anymore. IRS recommends that you inform the IRS once you get an SSN so they can combine all ...
user102008's user avatar
  • 14.6k
3 votes
Accepted

H1b city tax, multiple locations of work

Generally, you pay tax to two sets of jurisdictions: Where you're resident Where you perform the work In the US, most jurisdictions tax their residents on their worldwide income, so if the city you'...
littleadv's user avatar
  • 10.7k
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 ...
brhans's user avatar
  • 493
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 ...
Giorgio's user avatar
  • 4,713
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 ...
Giorgio's user avatar
  • 4,713
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.
user102008's user avatar
  • 14.6k
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 ...
mkennedy's user avatar
  • 2,682
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 ...
user15416's user avatar
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 ...
phoog's user avatar
  • 21.3k

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