I transferred my H1 from company A to company B and then I went to India and entered USA. At the time of entry I had visa stamp in my passport of my previous employer A, so I showed the H1 I-797 doc which has the validity till August 12, 2009. The Immigration officer has [...]

The first step is to correct your name as it appears on your Passport. Once this is accomplished, you could file an amended H-1B petition to correct the name on the H-1B approval Notice. This will also change your name on the corresponding I-94. Once this is accomplished, you could go about changing your name [...]

You will no longer be subject to the CAP even if you accept temporary cap-exempt H employment. However, you could always choose to continue as a non exempt employee in H status to avoid any complications.

Your only hope of being able to remain in the U.S. and continuing in H-1B status is if your Immigrant Petition is approved prior to the expiration of your H-1B visa (post reclamation of time). It may be too late to rely of the rule that allows for extensions based on a pending PERM application [...]

My first H1B was expiring on 04/24/2010. so i applied for H1B extension in November and i got my H1B extension approved on Jan 5th from 04/26/2010 to 04/25/2013. Will I be out of status for that 1 day(04/25/2010)? Should I carry the additional documentation that was mailed to USCIS that we already asked for [...]

The USCIS may be reluctant to extend your status if you apply after the expiration of your current status. The RFE must be resolved successfully to obtain an approval.

I am on H4. Last year I applied for H1-B and it was approved but the copy was sent to chennai consulate. I did not go to india for H1-B stamping, instead I renewed my H4 in US. Did my status change from H4 to H1 or am I still in H4? From the facts [...]

In 1998, the INS promulgated the American Competitiveness and Workforce Improvement Act [ACWIA]. While ACWIA was best known for increasing the H-1B visa quota until October 1, 2000, it also ushered in radical changes for employers, who are dependent on the H-1B program. No regulations were issued at that time and Employer’s heaved a sigh [...]

Though there is no clear directive on the issue, the situation appears to be analogous to the 240-day grace period, which authorizes employment with the same employer for up to 240 days after an extension petition is filed. In both circumstances, the employment is authorized but there is no provision on the I-9 form for [...]

The minimum salary for an H-1B depends on the prevailing wage in the primary statistical metropolitan area in which you work. The employer sponsoring you must determine the salary in the area of employment and pay accordingly. Very often, employer's either ignore or skirt this issue not knowing that it could come to haunt them [...]