We have compiled all the questions sent by people from all over the world that have been answered by our attorneys via the Ask Kidambi feature on the site. Please browse through them and if you don't find your answers, ask us a question and it will be answered by one of our attorneys within 48 hours.
Is it possible for me to sponsor myself on an H-1B?
There is no way to sponsor yourself on an H-1B. It must and can only be through a U.S. Employer.
How many days does an H1-B employee get to switch employer to avoid out of status?
There is no grace period for H-1B Beneficiaries. However, the Service may excuse reasonable delay in filing a new Petition if the Petitioner can show that the delay was due to extenuating circumstances beyond the control of the Beneficiary.
I am a successful Entrepreneur; Own a Business and Employ 5-10 US Workers. Do I Qualify for the New ‘Entrepreneur’ H-1B Visa?
I'm a French citizen and IT consultant. What is the work visa I need to apply for jobs in USA?
The prospective employer in this case should be willing to sponsor you. In other words file a petition with the Immigration service to allow you to enter the U.S. to work. For instance on an H1B Visa. You must act quickly because the window for filing opens in April, but may end within the first week. The earliest you may enter the U.S. would be October of this year.
Can I use a certified PERM from a denied I-140 (due to lack of financial ability to pay salary) to re file through another employer? Is the certified Application useful to me?
The Application is for a position and belongs to the Employer. You derive no benefit from it.
I have received EAD and GC was filed. I was promoted and my H1B was amended and got approved by USCIS. Can I change employer and take up position for a different employer. My I-485 is still pending.
The I-485 portion based on AC21 would look at the occupational description as entered on the Labor Certification and not the current H-1B to decide whether the new position is in the same or similar occupational classification. Be guided by your LC/I-140 when making the decision to switch.
Can I transfer my approved petition to another employer on the basis of eac number? My employer hasn't given approved notice (I-797).
Yes, that should be possible.
My company has been taken over by another company along with visa obligations. My H1B extension was filed under the old company name. What company name should I give on the DS 160 form?
You should use the ‘successor company’s name’ on the DS Form. Please also ask your employer to provide you with documentation to show the new company is a true ‘successor in interest’.
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