We have a lot of employees now and
we use a lawyer for our H1B cases and other issues that come up.
Here is a list of Q&A that our
employees have come up with and the answer that our lawyer has given.
Hopefully it will help others that are looking for answers:
Question 1:
I am right now in India and need
some advice from you regarding my H1B stamping.
I have received my H1B approval
notice on January 23rd, 2013 with a valid date from 11/08/2012 to
09/30/2015, while I was working at client A.
The H1B got approved with location
at San Jose, CA, Client A.
Later on Feb 11th 2013, I moved to
Austin, TX, Client B. with same duties and same position title.
My employer applied LCA for Change
in previously approved employment and mentioned location change to Ausin, TX. I
received LCA Certification validity from Feb 11th 2013 to Feb 10th 2016.
Do I need to do H1B Amendment now
with Client B details for Visa stamping? I am with the same employer till date.
Answer 1:
Hi, tough question.
According to CIS, there is no need
to file amended petition. What he needs is a valid LCA which he has. See the
attached. But the Consulate most likely would like to see the amended H1B
petition. So, he better ask his employer to file it.
Here is the Shotwell Memo that clarifies this:
Here is a link to download the Shotwell Memo:
Question 2:
When I go for H1 stamping, I will be on F1 status and my MBA
degree will be in progress and I am on F1-CPT currently. As I will be applying to change the status in
middle of degree, can this act of mine raise 'Conflict of interest' issue in
eyes of US Consulate? Any suggestions to respond to this situation ? What
should be my response if asked about changing status when I haven't completed
my degree yet?
Answer 2:
No, H-1B holders can pursue degree in the US
Question 3:
My
mother in law has a green card. She left for India and it’s been more than 6
months (about 8 months). Green card requires at least 6 months stay in the US
every year (not sure what the exact law is). She expects to stay in India for a
longer period.
So,
wanted to know what our options now are to keep the green card alive.
Answer 3:
She needs to come back before the end of one year. She will not have any issue to come
if she comes back before the end of one year. If she has trouble in the airport, tell her to not sign anything; instead,
insist to have hearing with the court. Once here, file re-entry permit, which
allows her to stay in India for two years. before re-entry permit expires, come
back and file another one for another 2 years. After that, she has to live here
6-months a year.
Question 4:
As discussed, I have got an emergency trip to India
next week, while my L1B to H1B Change of status is in process what are
the outcome of action If I go ahead with my
trip?
He can go, but his change of status from L1 to H1 will be
automatically denied. Then, after his H1 approval, he has to go again to apply
for a new H1 visa to come back. Or, you may upgrade his H1 to premium, and after H1
approval, he can go and come back on L1.
(So
the basic answer for anyone that applied for an H1B in April and needs
to go out of the country needs to wait until the H1B is approved before
they go. In this instance he needs to wait for the H1B approval and
then he can go and come back on his L1 and his H1B will be active from
October 1)
Question 5:
Our recent employee says that his I-140 is approved and but his old employer is not willing to give
the approval notice. He
was in USA recently for 4.5 years and his new H1B with us got approved for 1
year, and he wants to know how to proceed.
Answer 5:
If
his I-140 is approved, he can get 3-yr H1B forever in the future. But if he cannot the the I-140 notice, then he can, file a Freedom of Information Act with CIS to get I-140 Copy which will show
his case # and date of approval.
Question 6:
I got an H1B approved with a new company, but I
have a Stamping done when I was with my old company. Do I need to get
stamping done again before I come to USA.
Answer 6:
Do you mean you have valid visa stamping of H1b from old
company? If yes, you are safe, just show your passport and your new I-797
approval from new employer. See the
attached documents. But do NOT show this unless you have trouble, and then
insist to talk with the supervisor, and then show the attached.
Here is what you need to show:
