to file my H-1 visa and green card. I am concerned that can I file my H-1 and green card together as my new company is willing to do that. Will it create problems for me when I go back to India to get my H-1 stamped because I have applied immigration here.

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(Posted on 04 December 2003)

Q223 If a person has an H1 visa and he stays in US for 2 years. He gets an extension for another 2 years. Can he still get another extension for the remaining 2 years period of the total 6 years that come with the H1 visa. How many extensions can a person have to complete the 6 year period of an H1 visa?

A223 Yes. There is no limit on the number. You could have 6 extensions of one year each or any other permutation.

(Posted on 12 December 2003)

Q224 I am currently on H-4 visa and a company A in X city has agreed to file for my H-1b. It was initially applied through premium processing, but there was an enquiry and the company A has not submitted the requried documents. I do not have access to the information as to what documents they have to submit, and the company says there is only 50% chance to get the visa approved, they are not giving me what exactly the reason of rejection may be,my question is : 1)Can I apply for my H-1 visa a second time through another company 2)If I can apply a second time, should I wait for the decision for the first time application and then apply through company B or can I apply parallely? 3)What are the limitaitons on the number of times you can apply for the visa. 4) Will the INS let me know the reason for rejection of the H-1B?

A224 1)Sure. 2)Let your H-1 lawyers decide what is best. 3)None. 4)They will let the company know.

(Posted on 15 December 2003)

Q225 My wife is going to US on company business for about 1 year and she is taking me along with her as a dependent. So, regarding the work permit, can you please clarify me the following questions? 1. Coming on H-4. Can I work after reaching US IMMEDIATELY? 2. How to get L2 instead of H4?

A225 1)Not unless you independently get an H-1. 2)You cannot. Your status is derived from your wife's. If she gets an L-1, only then you can get an L-2.

(Posted on 18 December 2003)

Q226 I have completed 6 years period in the H1B Visa working for my sponsor. To apply for the H1 visa again after the 1 year break, how many days before the actual start date should the petition be filed for H-1?

A226 In my opinion, you may file only after the required year is over.

(Posted on 06 January 2004)

Q227 I am separated from my husband and in the process of getting divorced. Would that affect my H-4 status?

A227 Your H-4 status is valid till the time the divorce is actually finalized Separation would not affect your H-4 status. If you want to continue staying in this country, apply for change of status to another classification while your divorce is still pending. Once the divorce is finalized, you will not be able to change status to another classification because you would cease to hold a valid H-4 on the day the divorce is finalized.

(Posted on 15 January 2004)

Q228 How can the H-1 holder withdraw H-4 for the dependent spouse?

A228 The H-1 holder can any time attempt to withdraw H-4 by sending an affidavit to USCIS and the consulate that issued H-4 visa. The law is not clear on this issue. But it should be argued that an H-4 stands revoked upon receipt by USCIS of revocation affidavit. We are not aware of any other specific law that governs this issue.

(Posted on 15 January 2004)

Q229 1.I am currently a student and I do not have a job right now.If I get a job, can I start working immediately after applying for H1 visa without waiting for H1 to get approved? Or do I need to wait to join the work until my H1 visa is approved. 2. Can I hold both F1 and H1 visa together i.e. can I get the H1 and continue to do the study on F1 visa?

A229 1. You will have to wait for the approval. 2. No. You can hold only one status at a time. But the law permits you to go to school on H-1 visa while you work.

(Posted on 20 January 2004)

Q230 I am presently on H4 Visa. I will be getting my EAD within a month through my husband's employer. Could you please let me know if I can take up a job on H1B while being on EAD status, and is there any advantage to this?

A230 You can take up a job on H-1. Mere possession of an EAD is not a hindrance.

(Posted on 27 January 2004)

Q231 I have a visa query to ask you.This is regarding applying for a H4. My husband is soon going to get H1B papers from one of a company.Subsequently he will take the interview date and appear for the interview.I would like to know from you if I apply for a H4 along with him on the same day then will his chances of getting the visa become less? Should I apply for a H4 on the same day or after few days?

A231 No difference at all in his chances if you apply with him.

(Posted on 02 February 2004)

Q232 1.My wife is on H1 Visa, if she is going on H4 status, she will need pay slip? 2. What else documents require for change of status?

3. Once she goes on H4 & her employer is not going to cancel her H1, after some period still she can work for same employer? In another word she can be on H4 & H1 at same time?

A232 1. Most probably yes. 2. Read Form I-539. 3. No.

(Posted on 07 February 2004)

Q233 My son is on H4 with me.His H4 status is valid until August 2005. Recently I changed job. If he goes to India in May 2004. This time he will need Visa Revalidation because visa stamped in passport was valid upto sept.2003.So before leaving he should be on H4 with new sponser. (Because I changed my job) What do you suggest?

A233 No. His I-94 is till 2005. Just send the passport for revalidation.

(Posted on 07 February 2004)

Q234 Can I visit USA during the required one year outside?

A234 Yes. But if the visits are too frequent and/or long, USCIS could require you to start your one year abroad all over again. Also, each day you spend in USA would require that you spend that day outside USA to add to that one year period. To illustrate: you have to stay abroad for 366 days. You visit USA for 10 days. You will now have to spend an extra 10 days outside USA (total 376 days).

(Posted on 09 February 2004)

Q235 Does the 6 year clock period includes the time I stayed outside US?

A235 USCIS does not count the time that is "meaningfully interruptive" of your H-1 employment. Usually that is taken to mean that the time after you resigned your job and left USA will not be counted. But there is one case on the books from a Federal Court in California that permits an H-1 holder to count out all time outside USA, even vacation time. In my opinion that is a weak case for several reasons.

(Posted on 09 February 2004)

Q236 I am a Canadian Citizen. Can I come on TN status?

A236 Yes. Even after 6 years of H-1, you can continue on TN.

(Posted on 09 February 2004)

Q237 I am here on H1 visa. My spouse has already got an H4 visa. He is in India. He has not been to US so far. Now I am planning to change my employer. Can my husband still come on the H4 issued based on the previous employer?

A237 Yes. No problem.

(Posted on 10 February 2004)

Q238 My H1 is expiring end of this month and I am planning to go back to India for good. How long can I keep the bank accounts and funds in the U.S open after I go back?

A238 As long as you like.

(Posted on 11 February 2004)

Q239 I am on H1B visa and my wife has H4 visa. She applied to go to school in 2002 and got her I-20 but later she changed her mind and did not attend school. She is still with me on H4 visa. Is she out of status? Is there any charge to answer this question?

A239 If she never applied to be converted to F-1, mere issuance of I-20 has no effect. She is in status.

(Posted on 20 February 2004)

Q240 How far in advance can we apply for H1 premium processing for extending an H1 visa. I beleive if we go through the regular route we can apply 6 months in advance. Is that true with the premium processing too.

A240 Same law applies to both.

(Posted on 04 March 2004)

Q241 I am currently on an H-1 visa with about 9 months remaining overall. I plan to start MBA come Fall and I shall be applying for my COS in June. At the same time, I shall be marrying and getting my spouse over in May on an H4. Hence the COS application in June will convert her H4 to an F2 as well. If my spouse then intends to work and starts applying for jobs, how much time would she have if she applies and gets an H1. Would she get only 6 months (since her original H4 is tied to my H1), or will she get her H1 for 6 years (given that she would be in the process of gettting converted to F2 through the COS).

A241 She will get whatever time she spends on H-4 subtracted from six years.

(Posted on 04 March 2004)

Q242 My Employer has filed Labor certification on my behalf details are as follows: Chicago area!State: March 2001 Regional: Aug 1st 2002 Till date march 2004 have not received any news from DOL.Checked out their webpage and DOL is processing August 2002 for non RIR since Nov 13th and till date have not received any response. Just very frustrated with this delay have friends who file