General Nonimmigrant Visa

When does one become H-1B cap exempt - change of status/visa stamp?

5 years ago By Chief Editor

Question details

At present I am working in OPT ( expires in June 2020). I have an unused stamped H1B visa which I got in August’ 2013 and my visa stamped in my passport on August,2014. However I never traveled/ worked with this H1B visa and expired in October’2016 without using or entry. I came to USA in January’2016 in F1 Visa. My question is can I use this unused stamped visa for cap exempt as transfer of employer from F1 visa to H1B visa now? or do I need to apply in Master’s cap next year.

FAQ Transcript

In your case if we counted from six years from August 2013 when your H-1B was approved, you are then okay or cap exempt till August 2019. But again, the policy has been that they count the six years from the date your H-1B expired which is 2014 not 2013. Policies can change overnight so I think you can apply for an H-1B exemption as an H-1B exempt worker.

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H-1B Joining Another Employer while a Transfer, Extension or Amendment is Pending

5 years ago By Chief Editor

Question details

Situation:
Resigned company A already and Got offer from employer B and applied H1B transfer(premium processing) but received RFE. But I have another offer from Employer C as well who is yet to file my h1b transfer
Question: 
1. If RFE is denied for employer B Can i join employer C with the receipt notice as Employer C has started H1B transfer by that time ? 
2. How long one can stay in US without job/payroll having H1B ?

FAQ: H-1B joining another employer while a transfer,

FAQ Transcript

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

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Impact on Current H-1B if Another H-1B is Denied

5 years ago By Chief Editor

Question details

I am already on a cap-exempt H-1B working for a non-profit full time. Another employer filed my H-1B petition on the cap-subject quota on april 2018 and got an RFE april 2019 and was denied with a reason for maintaining of status. They asked my paystubs from my current employer. My questions are:
1. will there be any impact to my current H-1B?
2. If they only ask for paystubs, can I submit them and initiate motion to reopen the case? what are the possibilities of success.

FAQ Transcript

FAQ Transcript

1. No, not if you are maintaining status.

2. If the case was denied just for maintenance of status and you have the pay stubs that are required then there is a very high likelihood the case will be reopened. If the petition is denied, then you are still subject to the H-1B quota. More...

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

New Zealand Nationals Eligible for E-1 and E-2 Nonimmigrant Classifications

5 years ago By Chief Editor

Certain New Zealand nationals can now request a change of status to the E-1 nonimmigrant trader classification and the E-2 nonimmigrant investor classification under Public Law 115-226.

Premium Processing Begins for Remaining H-1B Cap-Subject Petitions on June 10

5 years ago By Chief Editor

On June 10, USCIS will begin premium processing for all remaining FY 2020 H-1B cap-subject petitions.

Cap Reached for Additional H-2B Visas for FY 2019

5 years ago By Chief Editor

USCIS has received enough petitions to reach the additional maximum 30,000 visas made available for returning workers under the H-2B numerical limit (also called a cap) for fiscal year (FY) 2019.

June 6, 2019 Recording of Free Community Conference Call (Every Other Thursday)

5 years ago By Chief Editor

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Check Your Eligibility to File Form I-539 Online

5 years ago By Chief Editor

You may file Form I-539, Application to Extend/Change Nonimmigrant Status, online if you are applying as a single applicant (without co-applicants, or legal or accredited representation) to extend your stay and you hold status as a:

How to get H-1B approved for three years, not shorter duration

5 years ago By Chief Editor

Question details

1. I got my H1b approved for a period of one year only and expires on Oct 27th, 2019. I work through a consultancy. Any precautions I can take in the future which can help me getting the H1b approved for 3 years in the upcoming H1B extension after Oct 27th, 2019. 
2. Any particular documents needed for getting the H1b approved for 3 years? 
3. If I go for stamping, do I need to be careful with social media at the port of entry? Any tips or recommendations you can give with reference to social media during port of entry? 
4. My EB2 priority date is Feb 4th, 2015 and I'm planning to marry a girl who is a Nepal citizen and she's on OPT right now. Can I move my priority date to EB2 Nepal category after marriage? If yes, what would be my next steps - how soon can I file for I-485 interview?

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FAQ Transcript

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May 23, 2019, Recording of Free Community Conference Call (Every Other Thursday)

5 years ago By Chief Editor

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Substantial transcription for video

FAQ's: H-1B unpaid leave or time off, What to expect from H-4 EAD revocation, Options for career or school - while employment-based green card is pending, Impact on green card of job promotions

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