ntly he will take the interview date and appear for the interview.I would like to know from you if I apply for a H4 along with him on the same day then will his chances of getting the visa become less? Should I apply for a H4 on the same day or after few days?
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(Posted on 02 February 2004)
Q232 1.My wife is on H1 Visa, if she is going on H4 status, she will need pay slip? 2. What else documents require for change of status?
3. Once she goes on H4 & her employer is not going to cancel her H1, after some period still she can work for same employer? In another word she can be on H4 & H1 at same time?
A232 1. Most probably yes. 2. Read Form I-539. 3. No.
(Posted on 07 February 2004)
Q233 My son is on H4 with me.His H4 status is valid until August 2005. Recently I changed job. If he goes to India in May 2004. This time he will need Visa Revalidation because visa stamped in passport was valid upto sept.2003.So before leaving he should be on H4 with new sponser. (Because I changed my job) What do you suggest?
A233 No. His I-94 is till 2005. Just send the passport for revalidation.
(Posted on 07 February 2004)
Q234 Can I visit USA during the required one year outside?
A234 Yes. But if the visits are too frequent and/or long, USCIS could require you to start your one year abroad all over again. Also, each day you spend in USA would require that you spend that day outside USA to add to that one year period. To illustrate: you have to stay abroad for 366 days. You visit USA for 10 days. You will now have to spend an extra 10 days outside USA (total 376 days).
(Posted on 09 February 2004)
Q235 Does the 6 year clock period includes the time I stayed outside US?
A235 USCIS does not count the time that is "meaningfully interruptive" of your H-1 employment. Usually that is taken to mean that the time after you resigned your job and left USA will not be counted. But there is one case on the books from a Federal Court in California that permits an H-1 holder to count out all time outside USA, even vacation time. In my opinion that is a weak case for several reasons.
(Posted on 09 February 2004)
Q236 I am a Canadian Citizen. Can I come on TN status?
A236 Yes. Even after 6 years of H-1, you can continue on TN.
(Posted on 09 February 2004)
Q237 I am here on H1 visa. My spouse has already got an H4 visa. He is in India. He has not been to US so far. Now I am planning to change my employer. Can my husband still come on the H4 issued based on the previous employer?
A237 Yes. No problem.
(Posted on 10 February 2004)
Q238 My H1 is expiring end of this month and I am planning to go back to India for good. How long can I keep the bank accounts and funds in the U.S open after I go back?
A238 As long as you like.
(Posted on 11 February 2004)
Q239 I am on H1B visa and my wife has H4 visa. She applied to go to school in 2002 and got her I-20 but later she changed her mind and did not attend school. She is still with me on H4 visa. Is she out of status? Is there any charge to answer this question?
A239 If she never applied to be converted to F-1, mere issuance of I-20 has no effect. She is in status.
(Posted on 20 February 2004)
Q240 How far in advance can we apply for H1 premium processing for extending an H1 visa. I beleive if we go through the regular route we can apply 6 months in advance. Is that true with the premium processing too.
A240 Same law applies to both.
(Posted on 04 March 2004)
Q241 I am currently on an H-1 visa with about 9 months remaining overall. I plan to start MBA come Fall and I shall be applying for my COS in June. At the same time, I shall be marrying and getting my spouse over in May on an H4. Hence the COS application in June will convert her H4 to an F2 as well. If my spouse then intends to work and starts applying for jobs, how much time would she have if she applies and gets an H1. Would she get only 6 months (since her original H4 is tied to my H1), or will she get her H1 for 6 years (given that she would be in the process of gettting converted to F2 through the COS).
A241 She will get whatever time she spends on H-4 subtracted from six years.
(Posted on 04 March 2004)
Q242 My Employer has filed Labor certification on my behalf details are as follows: Chicago area!State: March 2001 Regional: Aug 1st 2002 Till date march 2004 have not received any news from DOL.Checked out their webpage and DOL is processing August 2002 for non RIR since Nov 13th and till date have not received any response. Just very frustrated with this delay have friends who filed a little earlier and everything is certified and okay. Just wondering if there is a way to speed up the process or if there is a way to file a law suit since they made me wait more than required.
A242 US DOL has announced two major initiatives for backlog reduction (PERM and outsourcing to private contractors). For the time being, I think we can wait and watch.
(Posted on 09 March 2004)
Q243 I had sent in my H1 premium application on Feb 13th. I have not received a confirmation number yet; don’t know if my lawyer provided an email or whether USCIS will be sending a snail mail confirmation. My question is, if my application is not accepted within 2004 year quota, when would I receive my application back?
A243 My guess, within 2-4 weeks.
(Posted on 09 March 2004)
Q244 Does USCIS send you the "application receipt number" before letting you know the actual decision on H1 be granted/denied? I had filed for premium processing before about 13 days now, but still have not revived my receipt number.My lawyer says he has got a confirmation from USCIS saying they have taken the application on Feb 13th, does it mean they MUST respond by Feb 28th? (13+15 days) How strictly do they follow the 15 day mark?
A244 In premium processing cases, they send email receipt. They do stay within the 15 days usually.
(Posted on 09 March 2004)
Q245 I am in US since May 1999. So the 6 year H1 period should be till May 2005. I went to India for 4 months vacation from April 2002 to Sept 2003(did not change company or h1). So the 6 year should be till sept 2005? I am planning to take another vacation for 2 months by the end of this year. So can you please tell me whether these vacations are counted in the 6 year or not?
A245 CIS is inconsistent in permitting "recapture." Worth a try.
(Posted on 17 March 2004)
Q246 I am being offered H1 visa for a period of 6 months( June - December 2004) on research and probably extension of 6 months of research(Dec - June 2005) and then want to start residency on H1 in next June for 3 years. I wanted to know if there is any limit on number of extensions/renewals/ of H1 within 6 year limit? I mean can I have 6 months + 6 months + 3years 3 different H1 visas.
A246 No problem. There is no limit on the number of extensions. The limit is only on the total period (6 years).
(Posted on 01 June 2004)
Q247 I am in US on H4 visa. Well since they issued me visa for just 6 days since I was gonna turn to 21, my visa is already expired but have a valid I-94 form which say that my H4 status is valid till 01/09/2006. Now here in my university, my international advisor said that I am out of status in US since my visa is expired. Is that true?
A247 The day you turn 21, you are no longer on H-4.
(Posted on 30 July 2004)
Q248 I am here through my Software company(based in India)for a long term assignment. My husband and daughter (21/2 yr old) have their H4 stamped and are ready to join me next month. Now we are planning to find a job for my husband here in CA, US since I will have to be and I have some queries related to this. Q1. Is it possible to apply for his H1 visa Q2. In case if I file for his H1 while he is in India. What happens to his H1 petition request when he travels to US next month on H4? Will it affect his H1 request in any way? Q3. Can he start working immediately after that?
A248 A.1. If he has an employer, you can and should apply now to avail the H-1 quota. A.2. That can be handled by getting an H-1 visa from a US consulate before starting work. A.3. Click here for more information on this query.
(Posted on 03 August 2004)
Q249 I was in US till April 2002. I was laid off and I came back to India. Now I have a chance of coming back to USA again. In last month,when I was there, I was not able to pay my credit card bills and even though I paid for credit protection plan for two years before, they did not accept it as I was on H1 visa. They did not let me know at the time of registering for this service.I am ready to pay back once I get this job and start earning money. Is it possible for me to get a H1 visa in this case? Also how can I check my credit report from here and even if I get H1 visa, will it create problems for me in getting appartments and other stuff?
A249 Getting a visa should not be a problem. Any other transactions that you may enter into after you come back to the U.S. are likely to be a problem.
(Posted on 02 September 2004)
Q250 1. I am on H1 with company A. Company B is sponsoring me for an O1 visa and is about to file the petition. However, I am about to travel abroad for several weeks but Company B's lawyers tell me that, if I am out of the country at anytime while the petition is pending, I will be unable to start work for Company B just on the basis of the O1 approval notice and will actually have to go abroad and get the visa stamped on my passport. Is this true? 2.When an O1 petition is approved, will that put me automatically out of H-1 status or will I be out of H-1 status only when I resign from my current employer?
A250 1. Your lawyer is almost right. You would need O-1 visa to start work on O-1. 2. You are on H-1 status from the date the change of status is approved. Look at your I-94 card that is attached to the bottom of your H-1 approval notice.
(Posted on 13 September 2004)
Q251 1. My spouse has found an employer who can sponsor her H1-B Visa.Once the employer submits her H1 for approval, it will take sometime for processing. She has to go to India in Nov'04 and she will be back in Jan.'05. During this trip she has to get her H4 also stamped.If she gets her H1 approval when she is in India before her H4 Stamping. Can she enter US with H4? 2. After coming back to USA on H4, can she start working with H1 approval and get it stamped when she goes to India next time ?
3. If she gets her approval before she goes to India, Is it mandatory for her to get H1 stamped. Can she get H4 stamped in india, come back and start working with approval.
A251 1. Yes. 2. No. She will need an H-1 visa stamp first, if travels abroad while H-1 is pending.
3. In my opinion, she must get an H-1 stamp in that case.
(Posted on 30 September 2004)
Q252 I have signed a contract for one year with one recruiting company that I will work for but due to certain circumstances I want to leave that company and join another. I would like to know if someone can really hold us in United States if we signed any contract with them.
A252 They cannot hold you, but depending upon the language/legality of the contract, they can sue you.
(Posted on 14 October 2004)
Q253 1. I worked in the US for about three and half years. After which I returned to my home country. Now I got a new H-1 and got it stamped and leaving to US shortly. Meanwhile, I have not paid for my credit cards for nearly a year.. Besides I also have a car for which payment is pending. Once I go back and make money, I want to call respective companies and pay them all. My CONCERN: Will they question me at Port of Entry on my Credit status? 2. Also will they start tracking if I am paying tax monthly after my entry into US. Further to this, I want to start processing GC. Will there be any issues regarding this?
A253 1. No. The govt. has no concern with private debt. 2. No issues that I can see.
(Posted on 18 October 2004)
Q254 Can a person continue to be employed by a company here in the US even if they are located in India and get paid to an bank account here in Dollars?
A254 No problem from the US side.
(Posted on 01 November 2004)
Q255 My brother has been on H-1 visa since 4 years. He has been married since 1 year and his spouse is on H4 status. Now he is getting divorsed.Can he marry second time and bring his spouse on H4 visa.