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.
H-1B CAP 2019 (FY 2020) petitions must reach the USCIS no earlier than Monday April 1, 2019. Kidambi & Associates has started processing H-1B CAP petitions for this year and we encourage you to contact us early to initiate processing. Please sign up for updates from our office below.
If not familiar with our CAP intake process, kindly contact us for process steps and checklists. Congress set the current annual cap for the H-1B category at 65,000. Not all H-1B nonimmigrant visas are subject to this annual cap. Please note that up to 6,800 visas are set aside from the 65,000 each fiscal year for the H-1B1 program under the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore free trade agreements. Unused visas in this group become available for H-1B use for the next fiscal year. An additional 20,000 H-1B petitions are set aside for the U.S. advanced degree exemption.
Our H-1B webinar this year was a huge success. We received a lot of positive feedback and the attendees found it extremely informative. Please stay tuned for another webinar during our next H-1B cap season.
Important Notes for this year:
1. Candidate Backgrounds and documentation:
* Ensure degrees are related (in the relevant field) and candidates have submitted copies of all degrees and transcripts;
* where the degree is an unrelated field, the candidate must possess a minimum of three years of experience in the field to qualify for the position
* Letters of experience must be detailed and provide progressive experience and skills used. Additional care must be taken to provide exact dates of prior employment
* An evaluation of education and experience will be required to complete the process and takes additional time
* Please upload documentation as one continuous feed as opposed to multiple documents
* Review your scans to ensure they are legible and the seal of the university is clearly visible with date of graduation on the degree certificate
* Do no upload extraneous certificates (e.g., best student award, most valuable employee certificate, etc.)
* The USCIS is evaluating positions based on salary. Level 1 salaries for a majority of technology related positions are no longer considered to be acceptable for H-1B positions
3. Master’s CAP
* Candidates eligible for the Master’s CAP must already have the degree certificate, or obtain a letter from the registrar confirming that all of the degree requirements have been met. If the educational institution does not have a registrar, then such a letter must be signed by the person in charge of educational records where the degree will be awarded.
* Please have the candidate obtain all copies of prior I-20s and proper endorsement if the candidate is currently employed on a CPT
* Additionally, provide proof that the candidate’s school is authorized to grant CPT and is an integral part of the curriculum
* CPTs issued immediately upon joining a program of study are suspect and may not be valid
* Multiple CPT/OPT candidates will run into additional scrutiny
4. Consulting Companies
* Must document “Right to Control” the work assignment; letters, emails or other forms of acknowledgment must be submitted in advance
* Documentation of employer-employee relationship must be submitted (contracts through the chain to the end-client)
* Additionally, check and ensure the employer’s VIBE profile is updated and reflects accurately the current profile of the Company
* All online profiles of the Company must the most recent information. Check FB, Linkedin, D&B prior to filing
* Checks should preferably be printed and contain accurate information
* Checks should be printed with MICR ink
* Make all checks payable to U.S. Department of Homeland Security
* Checks should be recently dated for April 1st filing; US Postal Money Orders are the only acceptable alternative
6. Recently Incorporated Entities
* Please immediately schedule an appointment to go over requirements
* Establish a D&B number and VIBE profile
* Establish an online presence
* Obtain a professional business plan and be prepared to establish qualifying H-1B work
We look forward to working with you again!
There is no way to sponsor yourself on an H-1B. It must and can only be through a U.S. Employer.
How can I opt for part time job if I am currently on H1B and getting paid on W-2. What are my options?
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.
When filing an H1-B extension, what kind of documentation is needed for showing the job offer on hand?
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.
I got my H1B approved this April and I am travelling to India in this October , so should I submit the I-94 in the Indian embassy while going there for stamping or should I submit it at the USA airport at check-in before traveling to India?
The I-94 is known as the arrival-departure record and will be taken from you at the POE (Airport).
My company had given me a pdf scanned copy of my W2. Can I take that printout to the US embassy when I go for my H1b stamping or is a official copy of W2 required?
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).
Will there be an issue for Green card processing with a new company when I’m not in good terms with my previous employer specifically with regard to experience letter?
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.