H Visa

Compensation for H-1 lay off

15 years ago By Chief Editor

Question details

My friend is working for NASDAQ listed company in US. We were in a discussion about the compensation details available for H1B employee if the company does a lay-off and he is affected due to it. He is on end of his 6th year and just got his 7th year extension.
If something like that happen(not that it should happen) but if that happen what are the compensation he is entitled to get from the company, apart from 2 weeks pay.

There is no special protection of compensation under H-1 laws once employment is terminated. Under immigration laws, the employer is required only pay for a one-way ticket back to your home country. The protection, if any, comes from employment contracts.

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H-1 Quota Count as of 24 July 2009

15 years ago By Editor

As ofJuly 24, 2009, approximately 44,900 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

H-1 Quota Count as of 10 July 2009

15 years ago By Editor

As ofJuly 10, 2009, approximately 44,900 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

DOL Releases H-2B Entertainer FAQs

15 years ago By Editor

The Department has released FAQs for H-2Bs in the entertainment industry.

H-1 Quota Count as of 26 June 2009

15 years ago By Editor

As ofJune 26, 2009, approximately 44,800 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

F-1 visa stamp, H-4 pending

15 years ago By Chief Editor

Question details

I'm on H1B working in USA. My visa was expiring in May, so my company applied for H1B and H4 (for my wife) extension in April.
In May 1st week, my wife got admission & assistantship in one of the university. She returned to India on May 20th and she got her F1 visa stamped from India.

Now we are very much concerned that what will happen to my H1 and her H4?

1) Since she has F1, will it affect H1/H4 processing?
2) Do we have to apply for H4 withdrawal in order to maintain her status as F1 ? If so, is it possible for you to apply withdrawal on behalf of us? What is the fee you charge for the same?
3) Is it possible to have F1 and H4 both together at the same time?
4) Since my Employer is a large company and they have filed H1-H4 on behalf of us, is it possible for an outside agency to file H4 withdrawal? And will the H4 withdrawal application affect my H1 visa extension application?

1. H-4 is her personal application. All she needs to do is send a letter to USCIS stating "I hereby withdraw my application for H-4." Attach a copy of the fee receipt for H-4 application that comes from USCIS. I see no need for you spend money on legal fees, but that is your choice.

2. If nothing else works and she does get the H-4 approval, just have her step outside USA and reenter on F-1 visa and get a new I-94 from CBP at the airport.

3. Generally speaking, no.

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DOL FAQs on Suspension of H-2A Final Rule

15 years ago By Editor

The Suspension will be effective on June 29, 2009. As of that date, the regulations previously in effect as of January 2009, published in the May 29 Federal Register, will be in effect for a period of no more than 9 months. The Department has published concurrently the Adverse Effect Wage Rates and meal charges for 2009, to be used in conjunction with the reinstated regulations.

For the Final Suspension Notice as published in the Federal Register and for FAQs on the Final Suspension Notice, see the attachments.

H-1 Quota Count as of 19 June 2009 (Updated on 24th June)

15 years ago By Editor

As of June 19, 2009, approximately 44,500 H-1B cap-subject petitions had been received by USCIS. Approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions.

H-1 denial, appeal, MTR

15 years ago By Chief Editor

Question details

My 10th yr H1B extension/my wife H4 was filed and got rejected. Following are the details.

H1B/H4 filed: March 1st 2009
RFE was issued in April
RFE replied: May 6th 2009
H1B/H4 denied: June 1st 2009
Our H1B/H4 I-94 expired: Apr 10, 2009

My company wanted to do a) file appeal and b) a brand new H1 with vermont center(along with original RFE/denial letter etc.).

1) While appeal is pending, if we don't file a new H1B, what is my status? Am I considered to be in status?

2) While new H1B is pending, what is my status? Am I considered to be in status?

3) Can we file brand new H1B through the same company while appeal is pending?

4) Can I work for my employer while appeal is pending, without filing new H1B?

5) Can I work for my employer while new H1B is pending?

6) Since my I-94 is expired, if we apply for H1B while appeal/MTR is pending, if it is approved, will I get the approval along with I-94 or with no I-94 at the bottom of the approval. I heard that in some cases they gave the approval from the date of new H1B petition.

7) When does the time for 180 days(towards 3yrs bar) start? Is it from my I-94 expiry date (or) my H1B petition denial date.

1) When an H-1B is denied and your I-94 has expired, your out of status immediately upon denial AND you are accruing unlawful presence. An appeal or an MTR does not give you status nor does it stop the running of unlawful presence.

2) You are still out of status AND unlawfully present because the new H-1 was applied after your I-94 expired.

3) Too many variables. Generally speaking, USCIS is supposed to hold a new case pending if an appeal has been filed on exactly the same case.

4) No.

5) No.

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TSC Update – 06/03/09

15 years ago By Chief Editor

Internal procedure by which Motion to Re-open, Motion to Reconsider or Appeal is handled

Presently at the USCIS TSC the officer that issued the denial generally adjudicates the MTR. But this system will slowly change. The denial of the MTR will be reviewed by a supervisor. An appeal filed under 8 C.F.R. § 103.3 will always be first considered as an MTR.
Be sure to submit the supporting documentation along with the I-290B. If the center considers its decision as correct it will forward he appeal to the AAO.

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