s + 6 months + 3years 3 different H1 visas.

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(Posted on 01 June 2004)

Q247 I am in US on H4 visa. Well since they issued me visa for just 6 days since I was gonna turn to 21, my visa is already expired but have a valid I-94 form which say that my H4 status is valid till 01/09/2006. Now here in my university, my international advisor said that I am out of status in US since my visa is expired. Is that true?

A247 The day you turn 21, you are no longer on H-4.

(Posted on 30 July 2004)

Q248 I am here through my Software company(based in India)for a long term assignment. My husband and daughter (21/2 yr old) have their H4 stamped and are ready to join me next month. Now we are planning to find a job for my husband here in CA, US since I will have to be and I have some queries related to this. Q1. Is it possible to apply for his H1 visa Q2. In case if I file for his H1 while he is in India. What happens to his H1 petition request when he travels to US next month on H4? Will it affect his H1 request in any way? Q3. Can he start working immediately after that?

A248 A.1. If he has an employer, you can and should apply now to avail the H-1 quota. A.2. That can be handled by getting an H-1 visa from a US consulate before starting work. A.3. Click here for more information on this query.

(Posted on 03 August 2004)

Q249 I was in US till April 2002. I was laid off and I came back to India. Now I have a chance of coming back to USA again. In last month,when I was there, I was not able to pay my credit card bills and even though I paid for credit protection plan for two years before, they did not accept it as I was on H1 visa. They did not let me know at the time of registering for this service.I am ready to pay back once I get this job and start earning money. Is it possible for me to get a H1 visa in this case? Also how can I check my credit report from here and even if I get H1 visa, will it create problems for me in getting appartments and other stuff?

A249 Getting a visa should not be a problem. Any other transactions that you may enter into after you come back to the U.S. are likely to be a problem.

(Posted on 02 September 2004)

Q250 1. I am on H1 with company A. Company B is sponsoring me for an O1 visa and is about to file the petition. However, I am about to travel abroad for several weeks but Company B's lawyers tell me that, if I am out of the country at anytime while the petition is pending, I will be unable to start work for Company B just on the basis of the O1 approval notice and will actually have to go abroad and get the visa stamped on my passport. Is this true? 2.When an O1 petition is approved, will that put me automatically out of H-1 status or will I be out of H-1 status only when I resign from my current employer?

A250 1. Your lawyer is almost right. You would need O-1 visa to start work on O-1. 2. You are on H-1 status from the date the change of status is approved. Look at your I-94 card that is attached to the bottom of your H-1 approval notice.

(Posted on 13 September 2004)

Q251 1. My spouse has found an employer who can sponsor her H1-B Visa.Once the employer submits her H1 for approval, it will take sometime for processing. She has to go to India in Nov'04 and she will be back in Jan.'05. During this trip she has to get her H4 also stamped.If she gets her H1 approval when she is in India before her H4 Stamping. Can she enter US with H4? 2. After coming back to USA on H4, can she start working with H1 approval and get it stamped when she goes to India next time ?

3. If she gets her approval before she goes to India, Is it mandatory for her to get H1 stamped. Can she get H4 stamped in india, come back and start working with approval.

A251 1. Yes. 2. No. She will need an H-1 visa stamp first, if travels abroad while H-1 is pending.

3. In my opinion, she must get an H-1 stamp in that case.

(Posted on 30 September 2004)

Q252 I have signed a contract for one year with one recruiting company that I will work for but due to certain circumstances I want to leave that company and join another. I would like to know if someone can really hold us in United States if we signed any contract with them.

A252 They cannot hold you, but depending upon the language/legality of the contract, they can sue you.

(Posted on 14 October 2004)

Q253 1. I worked in the US for about three and half years. After which I returned to my home country. Now I got a new H-1 and got it stamped and leaving to US shortly. Meanwhile, I have not paid for my credit cards for nearly a year.. Besides I also have a car for which payment is pending. Once I go back and make money, I want to call respective companies and pay them all. My CONCERN: Will they question me at Port of Entry on my Credit status? 2. Also will they start tracking if I am paying tax monthly after my entry into US. Further to this, I want to start processing GC. Will there be any issues regarding this?

A253 1. No. The govt. has no concern with private debt. 2. No issues that I can see.

(Posted on 18 October 2004)

Q254 Can a person continue to be employed by a company here in the US even if they are located in India and get paid to an bank account here in Dollars?

A254 No problem from the US side.

(Posted on 01 November 2004)

Q255 My brother has been on H-1 visa since 4 years. He has been married since 1 year and his spouse is on H4 status. Now he is getting divorsed.Can he marry second time and bring his spouse on H4 visa.

A255 Yes, he can.

(Posted on 01 November 2004)

Q256 My sister has completed her Masters and is on 'OPT' till Feb04. She has filed her H1 application (not yet approved) and has started work with an employer. The employer has told her that he will not deduct her taxes and will not give her a W2, she can file a 1099 at the year's end. Is this legal and acceptable, or is she supposed to get a W2 from her employer?

A256 An H-1 holder can work ONLY on a W-2.

(Posted on 05 November 2004)

Q257 I will be going to India for H-1 visa stamping. My baby is a US citizen. Does it increase or decrease the chance of my visa approval ?

A257 It makes no diffreence.

(Posted on 10 December 2004)

Q258 1. I have a question regarding H-4 Visa extension rules in relation to I-94 issuance upon reentering the US. My passport-stamped H4 is valid until May 2005 and so is my (white) I-94. I have recently got my H-4 extension document valid till Sept 2006. If I go out of USA should I be surrendering both I-94 (White one and the lower right portion or my new H-4 document)? 2. I am returning to US before my stamped (previous-H4) expires. How POE officer would determine, whether he should give me entry until the stamped visa (previous H-4) or until the expiration date of my newly issued H-4 document. I would also like to mention here that my Spouse\'s company name is different in both my H-4 docs due to company change recently.

A258 1. Yes. 2. They should give you entry till the new H-4. Be careful, they often issue I-94 till the visa stamp's validity. That is legally incorrect.

(Posted on 17 December 2004)

Q259 My wife who is on H-4 status along with our children aged one and half years (who are both U.S. citizens) went to India. Does she need to report to any authority if she stays out of US for over 6 months? Do my kids stay need to be informed to any authority in India or U.S?

A259 No such requirement for H-4. As for the kids not on the US side. They are US citizens. I do not know the laws of India.

(Posted on 17 December 2004)

Q260 1. If you change employers at the end of three years (when your previous H1 is expiring), do you have to file an H1 renewal or a new H1 application? 2. Also, as a physician, if you are applying for an H1 in another state(which requires it's own physician's license), would you need to have the new state's license before you applied for the H1 renewal/new H1?

A260 1. Functionally the same thing. It is called a transfer. 2. Yes.

(Posted on 12 January 2005)

Q261 1. What are the filing fees payable to USCIS for H-1B petitions? 2. Under what circumstances will an H-1B employer be exempt from the ACWIA (American Competitive and Workforce Improvement Act) fee of $1,500/$750?

A261 1. The USCIS filing fees are as follows: The I-129 filing fee payable to USCIS is $185.00 plus an additional ACWIA fee for non-exempt employers of $1,500.00 if the employer employs 26 or more employees or $750.00 if the employer employs 25 or less employees. This additional ACWIA fee became effective on December 08, 2004. With effect from March 08, 2005, the H-1B Visa Reform Act of 2004 created a new Fraud Prevention and Detection Fee of $500.00 for employers submitting petitions other than petitions requesting extensions or amendments for current employees, i.e: applying for a transfer or change of status. There are no exemptions from this fee.

2. The employer will be exempt from the ACWIA fee, if any one or more of the following statements are applicable to the employer :

The employer is an institution of higher education as defined in the Higher Education Act of 1965, section 101 (a), 20 U.S.C section 1001. The employer is a nonprofit organization or entity related to, or affiliated with an institution of higher education. The employer is a nonprofit research organization or governmental research organization that is primarily engaged in basic research and/or applied research. The petition is a second or subsequent request for an extension of stay filed by the employer. This petition is an amended petition that does not contain any requests for extension of stay. This is a petition to correct a United States Citizenship and Immigration Service error. The employer is a primary or secondary education institute The employer is a nonprofit entity which engages in an established curriculum-related clinical training or students register at the institution.

(Posted on 24 January 2005)

Q262 My spouse is on H4 visa and her I-94 is till March 28th, 2005. I have applied for her H4 extension. Can I go to the US consulate in Canada for her new visa with my H1 extension?

A262 Consulates do NOT require an H-4 extension from CIS. But if she steps outside USA while the H-4 extension is pending, that application is deemed abandoned.

(Posted on 02 February 2005)

Q263 1. I went to India 8 months back and got married and my spouse obtained her H4 visa and came to USA with me. I am currently on H-1B Visa. Now we want divorce from each other, my question is where I have to get divorce (in India or in USA) 2. Do I have to give any affidavit to Mumbai consulate or USCIS in USA about cancellation of H4 of my wife?

A263 1. It should be possible in either place. But Divorce is a matter of state law. Check with a lawyer where you live. 2. No. The divorce decree is enough evidence.

(Posted on 02 February 2005)

Q264 I was on H4 visa and had applied for H1B in Oct 2004 through a consulting company. I got the approval letter, but I did not start work. Later in December-January I went to India and reentered back to the U.S. on my previous H4 visa. I thus got a new I-94 with H4 on it. Now I joined the job last week and when I applied for the SSN, they said that my status is H4 and has not been updated to H1B. I met the USCIS deferral officer and he said that since I reentered US on H4, thus my status now is H4, and that my approved H1B notice since was filed with old I94 number. So they cannot update the status to H1B. What do I do?

A264 They are correct. You would have to reapply H-1 or travel to Canada/Mexico. Get an H-1 visa stamp and reenter using that stamp.

(Posted on 07 March 2005)

Q265 I work for Company A. My H1 expires on April 4th. Beyond that I am eligible to stay in the US on my valid H-4 (since my spouse has got her 7th year extension). Company A transfers me to their India office (as a mobile worker). Since I can legally stay in the US on my H-4, I actually stay back and work here (from home or a remote facility). But get paid ONLY in India. Is this legal from my standpoint as well as company A's especially since, they would have me only on the Indian payroll?

A265 As long as you are working on Indian soil, it is perfectly legal.

(Posted on 15 March 2005)

Q266 I am working on an H-1 visa and my son is on H-4 visa. We are Canadians. My son will be going to the University from this September. I like to know if he has to change his visa from H-4 to F-1?

A266 He can go to school on H-4. F-1 will be needed if he wishes to get any financial assistance from school or when he is about to turn 21.

(Posted on 05 April 2005)

Q267 I am on H4 Visa. I am filing for H1 transfer for this year. Kindly let me know what will be my status if my H1 is rejected.

A267 Denial of H-1 does not affect the H-4.

(Posted on 06 June 2005)

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