Archive for the ‘H-1B Visa’ Category

Visa Waiver Entry Prior to H1B Start Date

My H1B visa was approved in June 2009 and my employment was supposed to start October 1, 2009. Due to slowing business at my company, my boss asked me to start in January rather than in October. The problem is that I already have a lease on an apartment and I would still like to come to […]

Posted on August 13, 2012 at 10:30 pm by Immigration Lawyer Peter Messersmith · Permalink · Leave a comment
In: H-1B Visa, Visa Waiver Program · Tagged with: ,

H1B Visa Advertising Requirements

I would like to apply for an H1B visa but I have some concerns. I heard that my employer has to advertise for my position to make sure no Americans want the job before he can sponsor me. Is that true? No, advertising for the position is not a requirement for the H1B visa program. Advertising the position […]

Posted on August 13, 2012 at 10:25 pm by Immigration Lawyer Peter Messersmith · Permalink · One Comment
In: H-1B Visa · Tagged with: 

H1B Visa vs. H1C Visa for Nurses

I am foreign educated Registered Nurse. I have obtained nursing license for RN from Arkansas State Board of Nursing. Due to my F1 visa status I am not able to get RN jobs in the USA. At present I stay in Little Rock, AR and looking for a job as RN. I come to know […]

Posted on August 13, 2012 at 10:25 pm by Immigration Lawyer Peter Messersmith · Permalink · One Comment
In: H-1B Visa, H-1C Visa · Tagged with: ,

H1B Visa Cap for Fiscal Year 2013 (Oct 2012 – Sept 2013)

Hello. I wanted to change to H1B visa but I heard that they’ve all been used up. Is this true or can I still apply? US Immigration law provides for 65,000 H1B visas for each fiscal year. H1B holders filing for extension or transfers are not counted against this annual cap. There is an additional 20,000 H1Bs available for […]

Posted on August 13, 2012 at 10:16 pm by Immigration Lawyer Peter Messersmith · Permalink · Leave a comment
In: H-1B Visa, H-1B Visa Cap · Tagged with: ,

H1B Visa Stamping for Researchers and Scientists

My company recently filed my H1B application which was quickly approved by USCIS. I went to the US Consulate in Chennai for stamping and they asked me to complete a detailed questionnaire about my research, my qualifications and how my trip to the US will benefit my research. I wasn’t expecting this and they told me that […]

H1B Approved but Change of Status Denied

I think my lawyer screwed me up. He told me that my H1B was approved but in the I-797C, it says that my change of status was denied! Can I appeal this? Yes, this may be something that should be appealed but without more information about you case, I don’t see any evidence that your lawyer made […]

Posted on July 25, 2012 at 7:06 pm by Immigration Lawyer Peter Messersmith · Permalink · Leave a comment
In: Cap Gap, H-1B Visa · Tagged with: ,

H1B Visa and H4 Visa Extension

Is my H4 extended automatically when my husband extended his H1B? I’m worried because he got a new I-94 card when he extended his H1B but I haven’t gotten anything. An H4 visa status application may be filed concurrently with an H1B status application but they remain separate applications. If you did not file your own application […]

J1 Waiver

I am currently on a J1 visa and am working at University of Chicago. I need a J1 waiver so I can switch to H1B visa because I am on my final J1 extension. Can I do no objection waiver? I am from Argentina. A no objection based waiver is likely a good choice for you provided that […]

Posted on June 16, 2012 at 2:26 pm by Immigration Lawyer Peter Messersmith · Permalink · Leave a comment
In: H-1B Visa, J-1 Visa Waiver · Tagged with: ,

FY2011 H1B Visa Cap Count as of August 20, 2010

USCIS has updated its FY 2011 H1B cap count and reports that, as of May 11, 2010, 33,900 regular cap petitions filed and 12,600 Master’s degree cap petitions filed.  The H1B cap for FY 2011 is 65,000 for regular cap filings and 20,000 for Master’s cap filings.

Posted on August 26, 2010 at 1:55 pm by Immigration Lawyer Peter Messersmith · Permalink · Leave a comment
In: H-1B Visa, H-1B Visa Cap · Tagged with: ,

H1B Visa Extensions Beyond the Six Year Limitation

The maximum duration for status as an H1B visa holder is six years.  Any time spent in L status or other H status such as H2B or H4 visa status is included.  Normally, a foreign national who wishes to hold H1B visa status beyond the six year maximum is prohibited unless he or she spends […]

Posted on August 17, 2010 at 8:21 pm by Immigration Lawyer Peter Messersmith · Permalink · 2 Comments
In: AC21, H-1B Visa · Tagged with: ,