H-1B Visa
The H-1B Visa allows U.S. businesses to hire foreign professionals on a temporary basis. They are hired by U.S. employers to work in “specialty occupations.” The current Cap is set at 65,000 (reduced by 6800 visas for Chile and Singapore Citizens). An additional 20,000 visas has been set-aside for individuals with a Master’s, or higher degree earned from a U.S. institution.
Our approach to processing H-1B Visas
Our Firm takes H-1B processing with the seriousness of purpose that it deserves. We understand that proper filing and acceptance is immediately relevant to success or failure for the business and the individual. Therefore, we take every precaution to review and file a complete petition that would be “approvable as filed”. The job of reducing the chance of receiving an RFE is undertaken with zealous care and has, over the years, paid rich dividends. Clients are treated with patience and care. We never let the pressure of the process get in the way of making sure your petitions are processed meticulously and in an individualized manner.
FAQ
There is no way to sponsor yourself on an H-1B. It must and can only be through a U.S. Employer.
Please read our blog post- Ensuring Your H-1B Cap Subject Petition is Properly Filed
The regulations allow an individual in H-1B to work two or more jobs by filing an H-1B petition for “concurrent employment”. We could assist you with this process if the job rises to the level of a specialty occupation and your employer is willing to file a concurrent H-1B petition on your behalf.
Q: My wife just joined a new company and received new I94 which has expiration date of March 2015. However she is approaching her maxout time period of 6 years and maxout date falls in Oct 2014. Based on new I 94, does this mean her maxout date is March 2015 and not Oct 2014? or could USCIS provided an incorrect I94 expiry date?
A: The March expiration date is an USCIS error. You should not assume your wife has until the expiration, but rely on the earlier max out date to make plans.
The key is to document the existence of an “Employer-Employee Relationship” and the ability of your employer to control your employment at the client site.
This may be documented through a letter(s) from the End Client, or a chain of contracts from the employer to the end client.
I came in United States in February 2013 with Employer A (H1 B valid till Sept 2015) and joined Employer B in November 2013(Got new H1 B visa valid till September 2016). In December 2013 went to India for vacation and did not get my visa stamped with new employer(B)… because my old stamp was good till September 2015.. so I traveled on Old visa.. at port of entry the officer gave me I-94 with validity of old visa (which is Employer A valid till September 2015). Now I got another job and I want to transfer my visa.
1. Is there any problem in doing that..?
A. >>There is no problem moving to a new employer in the situation described below.
2. Which I -94 should I give for my transfer (the one I got from new employer transfer or the one get while I enter in US after my vacation?
A. >>You should submit the I-94 that your obtained upon reentry. However, the earlier approval (Company B) along with I-94, should be included in the petition package.
The I-94 is known as the arrival-departure record and will be taken from you at the POE (Airport).
A photocopy should be sufficient.
Two distinct employers would be treated as having filed two distinct petitions. The two should be completely unrelated and not rely on the same end client documentation/contract(s).
Unless there is a specific instance of fraud, the USCIS does not randomly call employers to verify the contents of an experience letter.
USCIS FAQs on employment authorization for certain H-4 dependent spouses can be found here.