The registrations ask for minimal information for each visa requested. If selected from the registration pool, employers can then file H-1B cap-subject petitions as they did in the past, with an effective work start date of Oct. Citizenship and Immigration Services USCIS expects that the new electronic prefiling registration step will simplify the H-1B visa filing process and cut costs for employers, because only those randomly selected from the registration pool will be eligible to file petitions.
Sarah Kilibarda, counsel in the Minneapolis office of Faegre Drinker, explained that "the process until now was that employers would prepare and file petitions for all individuals they wanted to have in the lottery. USCIS would run the lottery and return any petitions not accepted. Instead of preparing and filing all those petitions for entry into the lottery only to have USCIS return about 60 percent of them, employers will complete a registration and the agency will hold a lottery based only on those registrations.
Employment Visas ]. Substitution petitions will not be accepted. If more than one registration for the same person is found, USCIS will consider all registrations filed by that employer for that person invalid. The agency stated that it is not evaluating the quality of registrations for merit. It is simply eliminating duplicate submissions and choosing registrations at random.
Sari Long, an attorney in the Washington, D. Immigration attorneys—typically filing petitions on behalf of employer clients—are worried about the untested system. Website crashes could potentially push the registration period out weeks and months, and employers will not be able to file petitions in time to have their foreign national employees begin employment with them by Oct.
Quill added that USCIS has said it will suspend the registration process and return to the previous way of doing things if there are technical difficulties. It merely takes the application to the next stage. The H1B petition must be prepared well. For the fiscal year , or April 1, filing, the H1B cap totals 85, petitions.
Note however that H1B filing fees must be paid by the petitioning employer — and not the beneficiary. Penalties can ensure where an employer has not fulfilled this requirement, including revocation of the H1B visa. The H1B visa is a nonimmigrant visa for non-USworkers with specialty skills who typically hold an advanced degree. The employer has to prove a need for a specialty worker as the minimum requirement for taking up the job on offer.
The H1B visa is valid for three years and may be extended for another three years. The employer may later sponsor the H1B holder for a green card. The H1B visa category remains notoriously over-subscribed and competitive. Even where the registration is selected in the initial round, this is no guarantee the visa will be secured. For prospective H1B employers and employees alike, this means applications require planning and preparation to meet the required criteria and collate the documentary support, ensuring the petition is filed on time and ahead of the H1B filing deadline.
Missing information or forgetting to sign a section can result in issues with your application. Duplicate petitions filed by an employer for one individual will be refused. Individuals, however, are permitted to submit multiple applications in respect of multiple employers. I do have my old approval notice and the receipt number for current approved notice.
So can I just submit my EAD, old approval notices, and the currently approved receipt number to prove my immigration status? Anything and everything that proves that you are in status will help, like I, etc. Speak to an attorney to get help, if you are not sure. My parents are in India , can i initiate Visitor visa for my parents with Extension receipt notice.
Yes, you can. Make sure you send all your status documents. If you are not in any rush, you may wait for approval and then apply…. But Still we have not received the result on mail. Narendra, It may be…The real confirmation is when you see a physical copy of the denial notice. In general, if you check H1B Statuses and Their Meaning , you can see the typical text you see for approvals…. Will I get rejected right away because of that? Thank you. I would like to return to USA for work, I still have 3.
Could you please suggest if its good to try for employment via consulting companies in India or directly approach US based consulting firms. Also please suggest if any other alternate approach available. RB, I would go with US based firms, instead of the consulting companies. The rejection rates and RFE rates for Outsourcing companies and many bodyshops is pretty high. Thanks a lot Kumar for your quick response. As always you and your team are doing such a great job.
Hello Kumar. My current h1 is valid till June The current h1 is on the first extension, so still within 6 yrs. I have an approved i When a new employer applies for transfer, will they apply for 3 yrs from now given I have approved i? Well, it depends on your company and role. But, in general, you are eligible for 3 year increments of H1B after you hit 6 year limit.
Is working remote allowed on H1b? I am currently working in city A. My employer is ok with me moving to a new city in a different state and work remotely. My company does have a policy like this but i am not sure if my visa status allows me to work remote. So I am in India itself still. Now 1 Some USA consulting company is offering transfer once client interview is through conducted from India but with USA number to receive call 2 Some consulting company says they provide in house projects hence transfer being in India also 3 Someone suggesting to travel whatever document I have without client letter taking risk , once reached he will do transfer.
Could you share your opinion on this? Are there any cases people have dealt this above scenario? Thanks in advance -BeingHuman. Many try this route, but the approval chances and all depend on the company that is offering you role, client letter. With the recent changes it can be risky, unless you have proper client letter and job. You may be questioned at Port of Entry and it is better you have all the documentation with you.
Is it necessary to go through the interview for visa stamping if you have changed your employer? Save my name, email, and website in this browser for the next time I comment. Article Contents hide. What is H1B Visa? Requirements for H1B Visa? Who can sponsor H1B Visa? Why required? What is H1B Visa Cap? Regular vs Masters quota? What is H1B Visa filing fee? Who Pays? When can you file H1B visa? Anytime During Year? What is H1B Visa lottery? When to plan for filing H1B Visa?
How to find H1B Sponsors? Various Steps after filing H1B Visa? How to check status of H1B visa? Case Number? What are various H1B Statuses — What do they mean? Processing time for H1B Visa? Regular vs Premium Process? Is it Common? How to expedite H1B processing? Long wait? When can you go for H1B stamping after Approval? When to enter US after H1B stamping? When can you start to work on H1B?
Employers should complete the petition in black ink, while all original signatures should appear in blue ink. Ambiguous, missing, or incomplete answers can delay the approval process; employers should ensure that questions have been answered accurately and consistently throughout the petition, and that all necessary supporting documents have been attached. Cap status is particularly important to USCIS processing, so employers should take care to establish the correct cap status in their petitions.
Employers should not submit more than one Form I for any individual employee—doing so may result in automatic denial of those petitions. When using a single mailing to submit petitions for multiple employees, employers should place each individual petition along with supporting documents into its own envelope.
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