I am currently in US on H1-B and wanting to switch to F-1? How long does this process usually take? Is there an option for adjustment of status or do I have to leave the country to get the F-1 stamp?
If you are maintaining H-1 status on the date your H-1 to F-1 change of status application is received by USCIS, you can apply for H-1 to F-1 change of status within USA. Check with your school. They should be able to guide you.
My H1 visa and I94 expired on 30th sept’10; we filed for a renewal but got an RFE in about 10 days for client letter. Replied to the RFE with client letter on October 29th, got visa denial on November 10th as client letter had project end date of 11/5. Current lawyer says I am ok to stay here 180 days from visa expiry, currently looking for new project with client letter to file for new H1 B visa and then go to India to get stamping and reenter. Am I ok to be here in the country or should I leave immediately? Will stamping and reentry be a problem? Is filing with the same company a good idea?
In my view that is bad legal advice. You are deportable the day your H-1 is denied. I advise our clients to make plans for leaving ASAP.
My company has agreed to bring me and my wife to USA on L2 visa and then later get a H1 B visa. I want to make sure my parents have a B2 visa before I leave India. I have thought of two possible approaches:
a) Get a B2 visa for my parents but telling US consulate that I am traveling on business to USA and want my parent to visit the country. I used the same method for my wife 2 years back with no problems.
b) Get a L2/H1B visa for my self and then submit a request saying my parents want to visit the country for some time.
I dont see much difference in the two (as long as we are truthful with the consulate). Option b may be slightly better because you would already have the L/H visa.
I am currently working for company A as a contractor via a preferred vendor Company B, and my employer is Company C. Now my client company (Company A)has offered me a permanent position with them, thus would there be any hassles while doing an H1B transfer to my client company(Company A) from my employer(Company C) due to the employer/employee relationship memo?
Working directly for the end-client eliminates the employer-employee issue usually.
My spouse and me are currently working on H1 and we do have our EAD and AP even though we are not using it.
We are planning on a trip to India in the month of December. Both of our H1 visa's on passport have expired. We plan on using AP when coming back to US to avoid the hassle of getting our passports stamped.
We plan on remaining on H1 even though we use AP to get back. We do plan on renewing our AP and EAD when they expire. What I want to know is... is there any advantage of having visa stamped in your passport as to using AP if you plan on remaining on H1? One that I know is cities like London require you to get a transit visa if your visa has expired when traveling to India.
We would highly recommend not applying for an H visa if it can be avoided. In the past few weeks, I have provided consultations to various employers on H-1 visa refusals. The refusals were ridiculous, illegal and would be overturned if there were an adequate mechanism for reversal. So, I see no point in applying for an H-1 visa. Even if you enter on AP and continue working for the original H-1 employer, you ARE considered to still be on H-1. All other matters are more or less ancillary.
Can I apply for Social Security Number on basis of I -797. My license to work as a vet in State A in depended upon SSN. How long does it take to get a SSN. On what status will I stay until I get a SSN & a license & subsequently start my job.
I am currently on my H1B extension and my employer filed a petition,I-140 under EB3 category which was approved. I cannot file for an adjustment of status at the moment so if my H1 B visa expires before I can file for the AOS in that case does my employer have to file for an extension for H1b or is it the EAD. I am confused if they are two diffrent things or one and the same. Please advise.
EAD and H-1 are two different things. You will get your EAD only after you file the 485.
I am presently in Canada on Canadian PR (and have an indian passport). An employer in Indiana (from a hospitality background) is interested in hiring me.
1. They have no clue abt H1B visa. How do I proceed?
2. I was on J1 from 2000 to 2001. I do not have a waiver. Will this affect my application?
If you have neither complied with the J-1 home residency requirement, nor obtained a waiver, you cannot get an H-1. Make sure you are indeed subject to the 2-year HRR. You may not be - then an H-1 is a possibility. Go here to ask DOS for an advisory opinion: http://travel.state.gov/visa/temp/info/info_1288.html
I am employed with H1-B and EAD. My wife has EAD through my petition. She is looking into working as an Independent Consultant (Self Employed). Is she allowed to be IC under EAD?
I see no issues at all with the derivative beneficiary being self-employed on EAD.
I am so Thankful to Mr. Rajiv Khanna and team. Initially my company's lawyer filed my H1B transfer with their own layer who screwed up everything Even I was working with the direct client and yet my h1B transfer got denied and my former company already had revoked my H1B petition with them I taked with many lawyers with Initial consultation fees but when I talked Mr. Rajeev Khanna oh my god he completely relieved my tensions he directly said that If you want to file a case with USCIS I will do it free for you however I didnt wanted that I just wanted to come out of this situation as I was Out-Of-Status So after handling my case to Rajiv Khanna and team (Mr. Rajiv Khanna,Judi and Anna) I immediately left for India and withing few months my H1B got approved without any RFE even my company officers were surprised with having no RFE I am so thankful to Mr. Rajiv Khanna and team :)