H Visa

F-2 to H-4 Visa

12 years ago By Chief Editor

Question details

I am on F-2 visa and it is valid up to 1 July 2012. My wife already filed H-1B in Apr 1st week.I am also planning to file my H-1B. So can I directly apply H-1B or fist apply H-4 and then after apply H-1B. How will it work?

If you are subject to H-1 quota, to get status within USA, you must maintain status till September 30. So, it appears you may have to apply for H-4 as well as H-1. Your lawyers can help you figure out the timing. Applying for H-4 now should not be an issue. But move quickly. You can file for H-4 online. Fairly easy.

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Family Based F4 GC

12 years ago By Chief Editor

Question details

Currently on my third year of H1B visa. If my sibling were to begin a family based F4 GC petition for me now, and the priority date is 12 years away, is there any way for me to continue to stay in the US until the GC is approved after I have used up my 6 years maximum of H1B? Are there any extensions possible based on the pending GC application? Or do I have to go back to India after the 6 years of H1B and wait there until the GC is approved?
Also, I should add that the above scenario is assuming that I don't have an employer-sponsored GC petition.

Unfortunately, the law does not permit you to wait the 12 years in USA just because you have a GC pending. No H-1B extensions are available on this basis. You will have to wait outside USA. Of course, you can come back on H-1 once you have reset the time by staying outside for one year. By the way, it is permissible for a person to apply for green cards through multiple categories simultaneously.

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DOL Issues New FAQ on H-1B, H-1B1 and E-3 Programs

12 years ago By Editor

The Department has posted new Frequently Asked Questions (FAQs) for the H-1B, H-1B1 and E-3 Programs.

To view FAQ please check the attachment.

Guestbook Entry for Syed Hashmi, India

12 years ago By Anonymous (not verified)

Name

Syed Hashmi

Country

India

State

Hyderabad

Comment

Hi, I have been interacting with Mr. Khanna since two months regarding our green card and H1 applications and he is been so informative and helpful in terms of clarifying the doubts that we have had come across for all our applications. Thank you Mr. Khanna and team for all your help and support. Regards, Syed

USCIS Announces 58 Countries Whose Nationals are Eligible for H-2A and H-2B Participation

12 years ago By Editor

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced that the Department of Homeland Security (DHS), in consultation with the Department of State, has identified 58 countries whose nationals are eligible to participate in the H-2A and H-2B programs for the coming year. The notice listing eligible countries will publish in tomorrow’s Federal Register. Each country’s designation is valid for one year from the date of publication.

DOL Publishes Guidance and Final Rule on Wage Determinations for H-2B Wage Methodology

12 years ago By Editor

On November 18, 2011, the President signed into law the Consolidated and Further Continuing Appropriations Act, 2012, Public Law 112-55. The legislation contains language prohibiting the Department from implementing, administering, or enforcing, before January 1, 2012, the H-2B Wage Rule. Based on Congressional intent to continue to implement the current H-2B regulations, the Department has published a Final Rule extending the effective date of the Wage Rule to apply to work performed on and after January 1, 2012.

USCIS Reaches Fiscal Year 2012 H-1B Cap

12 years ago By Editor

WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) announced that it has received a sufficient number of H-1B petitions to reach the statutory cap of 65,000 for fiscal year (FY) 2012. USCIS is notifying the public that yesterday, Nov. 22, 2011, was the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in FY 2012.

Prevailing Wage Determinations - Update

13 years ago By Editor

In light of the Department's recent decision to postpone the effective date of the Wage Rule until November 30, 2011, DOL published this subsequent Federal Register Notice to provide guidance to those employers who received supplemental prevailing wage determination that have now been delayed.

H-1 transfer during pending extension

13 years ago By Chief Editor

Question details

My H-1 extension with the current employer is applied and is pending. My current H1 expires on 25th. If I apply for a transfer to another employer after 25th Sept., then is it necessary to have approved both extension and transfer in order to work with new employer, because I file transfer after my expiration of current H1?

If, by the time your second H-1 is approved, the first H-1 is not, USCIS can approve the second H-1 only without an I-94.

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DOL Postpones Revision of Wage Calculations for H-2B Program

13 years ago By Editor

US Labor Department postpones revising wage calculations for H-2B program. Delay avoids administering the H-2B program under potentially conflicting court orders.

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