H-1B Visa

How to Expedite a Form I-140 Appeal

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My I-140 was denied for the skilled category. We filed an appeal but we don’t have a decision and I’m worried I’m going to lose my H1B because business is getting slow. Is it possible to expedite the appeal so I can get my green card?

In many cases where the Service Center misinterpreted the law or mistakenly construed the facts, we have been able to get the Service Center itself to reverse their opinion in only a couple months. In cases where the appeal goes to the AAO, we’re seeing processing times in the 12 -18 months range. We have had success in getting appeals expedited where there are extraordinary circumstances so we can help in getting a decision expedited for you.

Concurrent H1B Visas

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We applied and received H1B visas for an employee last year. He is planning to return to the University of Illinois as a post-doctoral fellow (would be employed full time by the university). We would also like to maintain his status with our company on a part time basis to help out with projects on an as-needed basis (0-20 hours per week). Can we do that?

While employment visas like the H1B are employer specific, an H1B holder may have concurrent H1B visas. This means that the USCIS can authorize a foreign national to work for one employer in H1B status for a certain number of hours per week and a different employer in H1B status for a different number of hours per week.

Applying for an H1B Visa While in Visa Waiver Status

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I’m from Italy on visa waiver right now. My stay will expire at the end of September. I got an offer from a US company.  Can I stay here while my H1B is been processed?

We can get the H1B approved in the US but because you entered through the visa waiver program, you are not allowed to change your status. Therefore, after we get the H1B approved, we will need to send you to a US Consulate for visa stamping. This can be done in Canada or Mexico or, if you prefer, you can return to Italy to get this done. We prefer to go for visa stamping in Canada and we have had great success with that route.

Visa Waiver Entry Prior to H1B Start Date

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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 the US in October. Can I do that using the visa waiver program?

There are no regulations that would bar you from attempting an entry through the visa waiver program or with a B1/B2 visa. However, you will need to justify your entry as consistent with an entry for tourist of business purposes. The CBP officer that interviews you will have discretion to deny your entry if he or she believes otherwise.

H1B Visa Advertising Requirements

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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 to see if there are any minimally qualified US workers who want the position is a requirement of the PERM/Labor Certification program which is the first step in some employment based green card applications. The idea of requiring employers to first offer job openings to US workers before foreign nationals is something that has been considered by Congress off and on over the years. Most recently, Senators Grassly and Durbin floated this idea back in April 2009.

H1B Visa vs. H1C Visa for Nurses

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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 about your law firm and having hope to get Nursing job through H1C visa. I would like to apply for that. Thus, Will you help me to change my visa status from F1 to H1C? If so, what are the processes and criterias?

Very few hospitals qualify to sponsor a foreign nurse for an H1C visa. In fact, I am only aware of 14 such hospitals which are listed on our web site here. Hospitals not on the list may apply through the DOL for H1C certification so they may sponsor H1C visas but they must meet stringent requirements. We encourage foreign nurses to apply through the H1B program rather than the H1C program if they cannot find H1C sponsorship from one of the 14 hospitals on our web site. A nurse may obtain an H1B for certain specialty or supervisory nursing positions such as a clinical nurse specialist or certified nurse practitioner. The applicant must also hold a BSN, other Bachelor’s degree or equivalent if applying as a nurse manager or administrator.

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

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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 foreign nationals who hold Master’s degrees from US Universities.

USCIS has indicated that all available H-1B visa numbers have been used for FY 2013.  You may apply in April 2013 for an October 2013 start date.

H1B Visa Stamping for Researchers and Scientists

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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 my answers could result in an indefinite wait for the visa stamp. Is there anything you can do to help?

While these questionnaires would appear to be more applicable to EB1 or NIW beneficiaries, they are actually for a Security Advisory Opinion from the US Department of State. These lengthy questionnaires are becoming more and more common for persons coming to the US to do any sort of research whether the application is for H1B visa, O-1 visa or EB1 or NIW. .Most of our clients are getting clearance in about 1-2 months and we are instructing applicants to plan ahead.

H1B Approved but Change of Status Denied

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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 a mistake. The requirements to obtain an H1B approval and a change of status are completely separate. In order to show that you qualify to change your status, you must show that you were in a valid nonimmigrant status at the time you filed your H1B petition AND if your H1B start date was October 1, that your status was valid through October 1 or that you qualified for an exception such as the F1 cap gap rule.

H1B Visa and H4 Visa Extension

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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 then you will not receive a new I-94 card and are out of status and are accruing unlawful presence from the time your I-94 card expired. In some cases, USCIS will accept an untimely filed H4 visa status extension application but it can be difficult. We have been able to obtain approvals in these types of cases and some cases where the applicant was out of status for two years. However, it is important to have a good immigration history which means no previous immigration violations as well as no criminal history and generally have a record of good moral character.