H Visa

H-4 Visa Stay in US

Question details

My husband is on H4 with an I94 valid till June 17, 2011 and I am a H1B visa holder with a valid petition document. I am planning to go for a vacation. Will it be a problem if I leave my husband (dependent) in US and go for a vacation and come back in 3 to 4 weeks?

A few weeks absence should create no problems for your dependents.

H-1B Stamping

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I got my H1B approval on 31 Dec 2010, thus my visa status changed from F1 to H1B (I am currently going to grad school and graduating in April 2011). My company wants me to get my visa stamped. I have heard various stories about problems faced in Canada for first time stamping. Is this really an issue? Is there any law which prevents us to get first time stamping done in stamping done in Canada?

H-1B stamping has been made difficult by consulates. There is nothing stopping you from applying in Canada, but your lawyers need to help you decide what is best.

Wage Methodology for the Temporary Non-agricultural Employment H–2B

The Department has published in the Federal Register a Final Rule on the Wage Methodology for Temporary Non-agricultural Employment in the H-2B Program. The Final Rule revises the methodology by which the Department calculates the prevailing wages to be paid to H-2B workers and U.S. workers recruited in connection with a temporary labor certification. The Final Rule is effective for wages paid for all work performed on or after January 1, 2012. 

H-1 Extension

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I have filed for an Extension in the month of August'2010 as my Visa expires on Sep1'2010. I have not received anything yet. The Status is still in initial review. I have plans to go to India on Jan28. Should I convert to Premium now or shall I wait. My Case is with California?

Personally, I have seen no correlation between premium processing and increased RFE's.

H1-B Visa Transfer

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I worked in US till August 2010 through my H1-B visa in some company. I had to come to India due to some problems. Now I am in India. My question is, can my visa be transferred when I am in India by some other US company so that I can again go back and work in US. My H1-B visa expires on 2013.

The H-1 can be "transferred" - yes.

H-1 extension beyond 6 years

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My situation. I work for company A
1. My 6th yr H1-B ends in Dec 2011
2. Labor approved (PD May 2010) and I-140 (applied Sep 2010) pending - EB3
3. Once my I-140 gets approved (hopefully) my lawyer's plan to apply for a 3 yrs extension some time next year (Till Dec 2014).
After/If I do get my extension for 3yrs with my company A, then Can I change my job to company B in 2012(who is willing to do my labor and I-140 again).

An extended H-1 can be transferred, but obtain the extension before the former employer revokes the I-140. I see no issues (generally speaking) with a PD transfer, unless USCIS (not the employer) revokes the I-140. Ask your lawyers for details.

H1B interview travel cost reimbursement

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I am currently on H-1 and interviewing with another company. The interview involved air travel within the US and staying at a hotel. Is anything wrong with my prospective employer reimbursing the air travel and hotel costs and also providing reasonable allowance (for covering food) for the days of my stay? Would receiving a cost reimbursement check from the prospective employer invalidate and/or interfere with my current H1 visa status?

Interesting issue. I do not believe there is any law covering this situation, but in my view out of pocket expense reimbursement including food is acceptable and is not a violation of H-1 status.

Advance Parole

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Right now my wife and I am on advance parole, In 2005 what happened was, when my H-1 and my wife’s H-4 came to renew ,the attorney forgot to renew my wife’s H-4 so she was out of status for about two months later he filed it everything was alright.So my question is can she go to India with advance parole and come back, will there be any problem?

If her I-485 was pending, she would not be out of status.