Faqs - H-1B Processing

H-1B Processing

I am currently working in company A in India. I have initiated the H-1B processing through a consultant. I would like to get certain clarifications. Can I change my job in India, from Company A to company B while my H1 B processing is in progress? Can I submit experience documents with company A for H1B processing and I later change my job to company B? While I am attending the visa interview I would be employed in company B in India.

You can change your job in India from Company A to Company B while your H-1B is under process.
You can submit the experience letters of Company A for H1 processing.
If you join another company you need to have a clear relieving letter from Company A which can be verified. This is needed to prove that you have worked in Company A.
Also when you go for stamping please carry the offer letter and identity card of Company B and other documents which will help prove that you are working with Company B.

I have 6 years of software development experience in C++ and JAVA. I have been offered a job by a consulting company that is offering to sponsor me. A) How do I check the antecedents of the company B) One of the clauses in their appointment letter states that I have to pay them $10,000/- if i chose to leave within a year. Is this a common clause? Would future companies be willing to pay for this amount?

No employer would pay $10,000.
You can use employer databases like Hoovers.com to check the financial status of any company in the US.
You can also get your friends to check on the employer.
Since, the company is spending money for applying for your H1, it will only be natural that they ask for a bond. The bonds are valid only if they are signed in the US.
Please note that you should read the agreement in full before signing the bond.
Also please check with the employer as regards bench pay, travel allowances, medical insurance etc. before going ahead.

My Company applied for H1B extension for me. I want to make it Premium Processing. I want to pay for Premium Processing($1000) from my pocket. Can I fill the form I-907 and send directly with fees to INS by attaching the Receipt Notice or should my Company has to apply? Please let me know.

The application needs to be made by your employer or through your employer's atorney generally.

I am currently in the US on a B-1 visa. I applied for six-month extension and have received confirmation for the same. My company wants to apply for an H-1B on my behalf. Should the company apply for an H-1B while I am in US or should I return to India and apply for an H1B after a month. Should the company apply for an H-1B or an L-1B (spl knowledge) visa?

Your company can apply for your visa whenever it chooses to apply.

For the past three years, I have worked in the US for a consulting firm. Two months ago, I came to India on vacation. While I was on vacation, my company informed me it did not need my services anymore and I was laid off. The company said it would not cancel my H-1B. Can I go to the US and find a new sponsor. Is it safe to do so?

If the company says it will not cancel the H-1B, it is safe to enter the US. In case the INS calls from the airport/port of entry, please ensure that the company says that you are employed. These days, it has become a common practice for the INS to crosscheck with the sponsor company.

I shall be very thankful, if you can provide some guidelines on my case. A Pittsburgh- based company has sponsored my H-1B for three years. The H-1B visa was stamped on 12th March 2001. I arrived in the US on 2nd May 2001. I have already applied for the SSN number. I went to the US without being called by my sponsor. He is now reluctant to give me a join date. I am already looking for other sponsors but this is taking time. What should I do?

Please find another sponsor, who will file for H-IB transfer on your behalf. Please note that you should take any job that comes your way and immediately get the employer to file an application for H-1B transfer.

Can a person who does not have a formal degree but has been working in Canada for the past three years as network administrator get an H-1B visa since he does not have a degree?

We feel it would be difficult for a person without a degree and only three years work experience to get an H-IB visa. If the person has a Canadian citizenship, he need not apply for an H-IB. He can however get a work permit under a special category.

I applied for an H-1B visa. When I went to the Consulate for stamping, the Consular Officer referred my case to the "Anti-fraud Unit". I have completed my B.Sc. and PGDCA and have five years' experience in IT. I cannot understand the reasons for the Consulate Officer's action. How long will it take for the Consulate to resolve my case?

Apparently, the US Consulate felt the documents you had provided were not genuine. Hence, the case has been referred to the Anti- Fraud Unit. It will take between two and six months for resolution of the case.

I'm about to file for an H-1B application. I would like to know the process involved in acquiring an H-1B and the cost of the visa. I also have an offer from a US company and would like to discuss it with you. I would like to meet you on any evening when you are free.

I hope you mean stamping and not application, as individuals cannot apply for H-1B visas.
For stamping, an H-1B applicant needs to have the following documents:

Original H-1B approval form I-797.
Original degree certificates.
Offer letter from the company in the US.
Valid passport.
Original experience certificates from all previous employers.
All other legal papers the candidate has received with the H-1B documents, like Labor Certificate etc.
Completed application form.
Two recent color photographs, (2x2 inches or 5x5 cm) for each applicant showing the candidate's face, preferably without head covering, and with a light background. Always keep some extra photos with you.
Demand draft for visa application in the amount of $45 or current equivalent in rupees, as determined by the Consulate. Presently it is Rs. 2,115 per person.
Demand draft or cash for visa issuance in the amount of $75 or current equivalent in rupees, as determined by the Consulate. Presently, it is Rs 3,525 per person.

For further information see articles Stamping Requirements on the Assureconsulting.com site.

I would also like to state that although we advice readers on problems regarding visas, over mail, we do not offer specific advice on the contract entered between a company and a candidate, as we are not authorised by both parties to do so.

Can you let me know the procedure to get an H-1B visa? How much time does it take for an H-1B visa to come through?

To begin with, an employer files a Labor Condition Application with the US Labor Department Employment and Training Administration. Once the employer gets the nod from the Labor Department, the employer then files a Form I-129, Petition for a Nonimmigrant Worker, along with a $110 filing fee.

The sponsor also needs to submit proof of the alien's academic qualifications and professional experience.

Once the company receives approval from the INS, the prospective H-1B visa holder should then apply for the visa at the nearest US Consulate The H-1B visa usually can be obtained in about 30 days.

I completed my B Tech in Computer Science in April 2000. On 1 August, 2000, I took up a job in Bangalore. My brother-in-law is in the US and he has asked me to apply for an H-1B visa. Can he sponsor me for the H-1B visa? I also want to know how much time does it to attain visa after completion of studies. In the last year of graduation, I took up a part-time job. Will that work experience count while applying for an H-1B? What is the H1-b visa position? Does the Consulate grant H-1Bs easily?

Individuals cannot apply for an H-1B visa directly. A US company needs to sponsor you for an H-1B visa. The INS grants H-1B to specialty workers i.e., workers who do work that requires at least a specific Bachelor's degree. Hence, as per INS rules, any person who has completed a Bachelor's degree and has a US sponsor is eligible for an H-1B visa. Most premiere US companies, however, do not employ freshers. They prefer people with two to three years' experience with an Indian company. Your four months work experience from August to December will make it particularly hard for you to find an US-based company to sponsor you for the H-1B visa. Unfortunately, your short work stint while studying will not be regarded by the US employer.

You have failed to mention whether your brother-in-law owns a company in the US or is an employee. If he owns a company, he can apply for an H-1B on your behalf, but if he is an employee he cannot sponsor you. In the latter case, it would be better if you settle for a job with a reputed company in India and try going to the US after gaining another year's experience. For further information, you can contact me at 5084528.

Recently, the US Senate increased the number of visas available to speciality workers to 1,95,000 per year. Therefore, as of now, H-1B visas are not very hard to come by.

I logged on to the Assureconsulting.com web site and found it Assureconsulting.com web site and found it Assureconsulting.com web site and found it very informative. My H-1B visa is under process. The company, which is processing my visa, has its headquarters in Texas. My work location will however be San Diego, California. The company has applied for my H-1B at the Texas Service Center. But since the work location is San Diego, isn't it necessary to obtain the approval from the California Service Center? Is this a problem?

It is legal to get a visa approved from Texas and work in California. But your employer will have to get the department of labor's approvals from Department of Labor for transfer of LCA. This is a routine procedure.

(Disclaimer: We claim no responsibility for the accuracy of the information. Application of the law can vary drastically according to the facts of a particular case, judge or State in USA. The FAQs are not meant to be specific legal advice. The answers must be viewed as general information and are no substitute for the services of a lawyer.)

Email this page | Glossary of terms

--------------------------------------------------------------------------------