Recording for December 14, 2023, Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
FAQ: Converting from B visa to any other status such as H-1B, etc.
FAQ: Converting from B visa to any other status such as H-1B, etc.
USCIS has received a sufficient number of petitions needed to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year (FY) 2024.
USCIS will send non-selection notices to registrants through their online accounts over the next few days. When USCIS finishes sending these non-selection notifications, the status for properly submitted registrations that USCIS did not select for the FY 2024 H-1B numerical allocations will show:
Number 85
Volume X
Washington, D.C
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
This bulletin summarizes the availability of immigrant numbers during January for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.
Question 1
1. Is it legal for an employee to pay all the expenses of a green card (eb2 / eb3), such as cost of attorney, pwd, recruitment, perm, I140 premium, I485, etc.?
2. Is it legal for employee to pay the cost of h1b premium transfer?
Question 2
My question is related to H1B stamping.
I have a stamped visa till April 2024 from my previous company.
I have a new I-797 from my current company.
Do I still have to go for Visa Stamping if I visit India in December 2023.
Answer 1: Employees cannot legally pay for green card expenses, H-1B fees, or premium processing associated with PERM. For the green card process, the employer must cover all costs. In the case of the I-140 stage, the employer should pay, especially if the employee is on H-1B. However, for the I-485 stage, the employee can pay.
Regarding H-1B, the employer should generally cover all expenses, except for premium processing. If premium processing is for the employee's benefit and the employer opts not to pay, the employee can choose to cover the cost. If premium processing is for the employer's convenience, the employer must pay.
In summary:
Green Card (PERM): Employer must pay; employee cannot.
I-140 stage: Employer should pay, especially for H-1B holders.
I-485 stage: Employee can pay.
H-1B expenses: Employer should pay, except for premium processing.
Premium processing: Employee can pay if for their benefit; otherwise, employer must pay.
Answer 2: Additionally, an employee with an old H-1B stamp from a previous employer can use it for a different employer. There's no need for new visa stamping if there's a new approval notice. Traveling on the old stamp with the new approval is permissible.
This is regarding the H-1B transfer from India before working for Employer.
I have the H-1B visa stamped with employer A, but now I want to transfer the H-1B to Employer B. I have not yet entered the USA and I have not started working for employer A.
Can I transfer the H-1B visa to new Employer B, and what are the mandatory documents that are required?
Also, I wanted to know if the pay slips are mandatorily required for H-1B Transfer as I don't have any. Looking for more details about pay slip requirements.
If I can transfer my H-1B to Employer B, then should I travel to the USA and then start the process or should I do it from India?
Yes, you can transfer your H-1B visa from employer A to employer B even if you have the visa stamped with employer A and haven't entered the US. Pay stubs are not mandatory for this transfer, and you can travel on the old visa stamp with the new employer's H-1B approval. However, it's advisable to consult with H-1B lawyers before traveling. Ensure you obtain the H-1B approval from the new employer before entering the U.S.
FAQs: H-1B visa transfer before arrival into the USA|| Employee paying for green card and H-1B premium costs || Using an old H-1B visa stamp of a different employer
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Is there any legal limit on how many days a H-1B employee can work outside the United States? A quick search around forums, I came across 30 workdays to 60 workdays being the limit BUT it was a comment from someone and hence unreliable.
My workplace in the USA is my home, I am fully remote and LCA filing has Place of Employment Information as my home address in the USA. I got picked on H1B just this year and I have been outside of the States since the 23rd of September. My H1B obviously started on Oct 1st and I have a situation here at my home and only planning to return in the middle of December. I had/have some days of leave/vacation in October and November. So, won't be fully working. I counted the days that I will work till mid-December, and it summed up to about 42.
If your salaries are consistently paid, you can work outside the U.S. without any issue. This time spent abroad doesn't count toward the six-year H-1B limit. There's no legal limit on the number of days for remote work. Your fully remote status is supported by the LCA designating your home as your workplace. If you've been outside the U.S. since September 23rd and have specific concerns, please see an immigration lawyer’s assistance.
FAQ’s:
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