| Q. |
I am currently on 9th year extension of H1B. Is there any possibility to shift to a different company? If yes, what is the procedure? |
| Q. |
I have an H1b visa from one company and I am thinking to work for another company for 10 to 15 hrs per week. Is it legal to work? should I get any approval? |
| Q. |
Is it possible for an H1B visa holder to start a firm in the U.S. along with a citizen, take some projects, get the work done in India and get paid in USA or in India as a owner |
| Q. |
Can I apply for two H1B transfers at a time? How much time one does have to find another job after his H1B visa gets revoked by INS? |
| Q. |
If I have transferred my H1b visa to another company and worked with that for few months, But not happy with them. Can I go back to my previous employer who has not cancelled my H1b? |
| Q. |
I am planning to transfer my H1B visa to J1 visa. Will I get 6 more years of H1B after expiration of J1 Visa. |
| Q. |
I am on L-1 Visa, my H1B Visa got approved. Does the USICS cancel my L1 visa once the H1B is approved? |
| Q. |
My OPT expires in Aug 2006. Can I apply for H1B visa in this april and stay safely in USA until I get H1B visa approved in this October 2006? |
| Q. |
I got a new job recently. My new employer has filed a H-1B transfer petition. When can I work legally? |
| Q. |
Could you please advise as to how severe is it for an employer not to pay on bench for more than 30 days? |
| Q. |
If my husband H1B stamping is rejected in Canada / Mexico, can he reapply in our home country for stamping on the same H1B? |
| Q. |
After spending 12 months outside the U.S., is a fresh petition for H1B required, or do we just have to apply for an extension? |
| Q. |
Can an H1B visa for a brand new company with $0 revenue be approved? How much does the revenue of the company affect the GC processing? |
| Q. |
While on vacation outside the U.S., can a person's H1B be canceled by his/her employer? In that case, what will the status be, and how can one return to the U.S? Thanks a lot. |
| Q. |
During H1 transfer, Can the new employer start running the payroll before get the new H1b approval? |
| Q. |
I work in a LLC on H-1B. Recently the company has planned to issue units (stocks) which makes me a member in LLC. That makes me self-employed, can I do that? |
| Q. |
I am presently on H1-B and filed I-140 and I-485 under Exceptional Ability & National Interest Waiver category, I got EAD (I-765) approval also;, can I do any part time job by using EAD as well as maintaining my H1-B status? |
| Q. |
If I loose my job (H1-B status) can I use EAD as full time job? |
| Q. |
I am a Canadian citizen, can I come to U.S.A on T.N. visa or H1-B? |
| |
|
| |
|
| Q. |
I am currently on 9th year extension of H1B. Is there any possibility to shift to a different company? If yes, what is the procedure? |
| |
You cannot change an employer if the I-485 has not yet been filed. You could file for a new labor cert and i-140 and use the priority date of the earlier case towards the new I-140, as long as your old I-140 is not revoked. |
| Q. |
I have an H1b visa from one company and I am thinking to work for another company for 10 to 15 hrs per week. Is it legal to work? should I get any approval? |
| |
You should file for a concurrent part time H-1 for the required number of hours. |
| Q. |
Is it possible for an H1B visa holder to start a firm in the U.S. along with a citizen, take some projects, get the work done in India and get paid in USA or in India as a owner |
| |
If you are in the country on an H-1, you are supposed to be working for your employer not for another company. However you can buy shares in the company. You can only be a passive investor. |
| Q. |
Can I apply for two H1B transfers at a time? How much time one does have to find another job after his H1B visa gets revoked by INS? |
| |
Yes. The last H-1b that you filed will be the one that is binding. A person does not have any time between jobs. You should find a job and apply for a H-1b transfer while you are still working. |
| Q. |
If I have transferred my H1b visa to another company and worked with that for few months, But not happy with them. Can I go back to my previous employer who has not cancelled my H1b? |
| |
Yes you can. |
| Q. |
I am planning to transfer my H1B visa to J1 visa. Will I get 6 more years of H1B after expiration of J1 Visa. |
| |
No. you have to be outside the country for a year to get 6 years more on your H-1. |
| Q. |
I am on L-1 Visa, my H1B Visa got approved. Does the USICS cancel my L1 visa once the H1B is approved? |
| |
Visa is the stamp that you have on your passport, you mean that you have applied and were granted a change of status from L to H. The USCIS does not automatically cancel your L-1, the company could withdraw the L-1 once you leave. |
| Q. |
My OPT expires in Aug 2006. Can I apply for H1B visa in this april and stay safely in USA until I get H1B visa approved in this October 2006? |
| |
You get a 60 days grace period after the expiry of your OPT, If it expires Aug 1 you have until October 1. You can apply for an H-1 extension now and stay safely in the USA. |
| Q. |
I got a new job recently. My new employer has filed a H-1B transfer petition. When can I work legally? |
| |
You can start working as soon as the H-1 petition is received by the USCIS, usually takes a week or so to get the receipt. |
| Q. |
Could you please advise as to how severe is it for an employer not to pay on bench for more than 30 days? |
| |
You will be out of status, unless you have medical reasons or some other emergency and have taken leave without pay. If you are outside the country, you don’t have to be paid by the employer. |
| Q. |
If my husband H1B stamping is rejected in Canada / Mexico, can he reapply in our home country for stamping on the same H1B? |
| |
Yes |
| Q. |
After spending 12 months outside the U.S., is a fresh petition for H1B required, or do we just have to apply for an extension? |
| |
fresh H-1 is needed. You will get an additional 6 years on your H-1. |
| |
Technically speaking you are on H-1 once it gets approved, you are no longer on L-1 visa. |
| Q. |
Can an H1B visa for a brand new company with $0 revenue be approved? How much does the revenue of the company affect the GC processing? |
| |
H-1 can be approved as long as the company can show why they need you. |
| Q. |
While on vacation outside the U.S., can a person's H1B be canceled by his/her employer? In that case, what will the status be, and how can one return to the U.S? |
| |
you will have to file a new H-1 and do consular process. |
| Q. |
During H1 transfer, Can the new employer start running the payroll before get the new H1b approval? |
| |
Yes, as long as the H-1 has been filed. |
| Q. |
I work in a LLC on H-1B. Recently the company has planned to issue units (stocks) which makes me a member in LLC. That makes me self-employed, can I do that? |
| |
If you are a partner in the company, you will have a problem with the H-1. An H-1 is only for employees. If you do not meet the test of an employee your H-1 is in jeopardy. It would not be a problem if you owned shares in a public company as your employee status would not be jeopardized. |
| Q. |
I am presently on H1-B and filed I-140 and I-485 under Exceptional Ability & National Interest Waiver category, I got EAD (I-765) approval also;, can I do any part time job by using EAD as well as maintaining my H1-B status? |
| |
Yes you can, as long as you continue to work for the employer that has sponsored you for the Green Card. |
| Q. |
If I loose my job (H1-B status) can I use EAD as full time job? |
| |
Yes, but you need to work for the employer who filed your GC. |
| Q. |
I am a Canadian citizen, can I come to U.S.A on T.N. visa or H1-B? |
| |
Yes you can apply for the TN visa. You can also apply for a H-1b, if you have a bachelors degree, both the TN and H-1 are filed by an prospective employer. |
