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 Employer Required to Pay a Fee to Cancel H-1B Petition?
No, there is no fee associated with H-1B cancellation. However, the Employer is required to notify the USCIS upon termination of employment.
Can I change my job, while my H1-B application is pending?
Yes, you are allowed to change employers while your H-1B is pending. In this situation, since visa numbers are available, it would be better to file a Change of Status petition in order to avoid any complications due to the current employer withdrawing the pending petition.
With an H-1B approved in 2008, can I transfer to a new Employer without ever having visited the U.S.?
Since you have already been counted against the H-1B CAP in the last six years, you are not subject to the CAP for 6 years from 2008. Any new employer may immediately petition on your behalf. Y could petition for you as if this were new employment. You could opt for premium processing which should take no more than 15 days.
Can I Change Employers with only one pay stub?
While pay stubs may not be the only evidence required to obtain an approval of an H-1B petition, the lack of documentation to show valid employment status may be an issue. If you have only been with the employer for a period that would be accounted by the single pay check, a transfer may still be possible.
Do I need to obtain a New H-1B Visa since I have a new Approval to enter the U.S.?
Unlike your H-1B, the visa is not employer specific. You could use a valid visa (obtained through a petition filed by a different employer) in your passport and re enter with your current H-1B approval.
Can I Switch to F-1 and seek Adjustment later when dates become current for my I-485?
There is a requirement that individuals in F status maintain a foreign residence that they have no intention of abandoning. In other words, they cannot intend to immigrate while in F status. Since you already have an immigrant petition approved on your behalf, you have expressed your intention of becoming a permanent resident. This may be a problem when seeking change of status from H to F. The change of status petition could complicate your immigration and future adjustment.
Can I change to F status while my H-1B remains Pending?
You may be able to change status to F-1 provided you register for classes and initiate processing while the second H-1B remains pending. Discuss the situation with the designated school official at the School.
I wanted to know the minimum prevailing wages required for my background before applying to LCA. Is there a way to know the minimum salary before hand?
THE CONTENTS OF ALL MATERIAL AVAILABLE ON THIS INTERNET SITE ARE COPYRIGHTED BY KIDAMBI & ASSOCIATES, P.C. (THE FIRM) UNLESS OTHERWISE INDICATED. ALL RIGHTS ARE RESERVED BY THE FIRM, AND CONTENT MAY NOT BE REPRODUCED, DOWNLOADED, DISSEMINATED, PUBLISHED, OR TRANSFERRED IN ANY FORM OR BY ANY MEANS, EXCEPT WITH THE PRIOR WRITTEN PERMISSION OF THE FIRM, OR FOR PRIVATE DISTRIBUTION BY CLIENTS OF THE FIRM. NO COPYRIGHT IS CLAIMED ON UNALTERED U.S. GOVERNMENT MATERIALS, PROCESSING TIME REPORTS, MATERIAL REPRINTED COURTESY OF THE AMERICAN IMMIGRATION LAWYERS ASSOCIATION. COPYRIGHT INFRINGEMENT IS A VIOLATION OF FEDERAL LAW SUBJECT TO CRIMINAL AND CIVIL PENALTIES.
“Serving Immigrants, Serving America” IS A REGISTERED SERVICE MARK OF KIDAMBI & ASSOCIATES, P.C. USPTO SERIAL NO. 77392587
CLIENTS MAY DOWNLOAD PAGES OR OTHER CONTENT FOR THEIR OWN USE ON A SINGLE COMPUTER.