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We have compiled all the questions sent by people from all over the world that have been answered by our attorneys via the Ask Kidambi feature on the site. Please browse through them and if you dont find your answers, ask us a question and it will be answered by one of our attorneys within 48 hours.
I'm a French citizen and IT consultant. What is the work visa I need to apply for jobs in USA?
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The prospective employer in this case should be willing to sponsor you. In other words file a petition with the Immigration service to allow you to enter the U.S. to work. For instance on an H1B Visa. You must act quickly because the window for filing opens in April, but may end within the first week. The earliest you may enter the U.S. would be October of this year.
Can I use a certified PERM from a denied I-140 (due to lack of financial ability to pay salary) to re file through another employer? Is the certified Application useful to me?
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The Application is for a position and belongs to the Employer. You derive no benefit from it.
I have received EAD and GC was filed. I was promoted and my H1B was amended and got approved by USCIS. Can I change employer and take up position for a different employer. My I-485 is still pending.
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The I-485 portion based on AC21 would look at the occupational description as entered on the Labor Certification and not the current H-1B to decide whether the new position is in the same or similar occupational classification. Be guided by your LC/I-140 when making the decision to switch.
Can I transfer my approved petition to another employer on the basis of eac number? My employer hasn't given approved notice (I-797).
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Yes, that should be possible.
My company has been taken over by another company along with visa obligations. My H1B extension was filed under the old company name. What company name should I give on the DS 160 form?
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You should use the ‘successor company’s name’ on the DS Form. Please also ask your employer to provide you with documentation to show the new company is a true ‘successor in interest’.
My husband was on L1. His H1B got approved and we are planning to file my parent's visa. Can we still file though his status is changed?
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When seeking to write an invitation letter for visitors, it is important to document the ability to support the visitor. Current employment should be documented by means of a letter. An Affidavit showing your ability and willingness to support the visitors during their stay would be required. Please also have the visitor clearly document ties to the home country (economic and familial).
My H1b was extended. I was away from US for a year and returned in H-4. When applying for H1B, will I be subject to cap?
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You are not subject to the CAP. However, time spent in the US will be deducted from the overall time allowed in H status.
I could not use up my 6-year H1B period fully. Can I file for an H1-B transfer and avail the remaining period (2 years) or Should I file for a new H1-B? Can I attend a conference in US with a visitor's visa?
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You could certainly file to exhaust your initial 6-year period. You will not be subject to the CAP. Alternatively, you could seek to qualify for the 2013 H-1B CAP beginning October 1st (fresh six year period). You could apply for a visitor’s visa independently.
More Articles...
- I received 221(g) for my h1B visa requesting more docs from petitioner. Now for a new visa application with new employer is the past considered as a visa refusal in DS-160?
- Does the beneficary still need to recapture time in order to be eligible for an H1B 7th year extension?
- I am in H4 and want to get a work permit. Since the H1-B quota for this year is over, is there any other way to get it?
- My wife is currently employed in US and I would like to get employment in US. Please suggest if you can assist with job and visa processing for H1B?
- Questions regarding H1B-H4-H1B status change