Indians currently in the United States on H1-B visas could face some testing times in the next few weeks. For several,the H1-B visas have lapsed or are likely to do so soon.
Fearing massive layoffs in America due to the coronavirus crisis that is hitting businesses around the globe, foreign technology professionals on H-1B visas, the most sought after among Indians, demand the Trump administration extend their permissible post-job loss limit to stay in the US from the existing 60 to days.
US Tech Workers, a non-profit which advocates more local hiring, has written to US President saying unemployment claims had gone up to 3 million in the previous week. If the employer terminates the contract of an H1B holder employee in the US, the latter needs to find new employment within 60 days to retain their H1B status. At present, international students can switch to a one year period of Optional Practical Training OPT after they graduate, but they eventually have to apply for an H-1B visa to continue working in the country.
The US issues 65, H-1B work permits each year, with a further 20, visas going to applicants with an advanced US degree. The immigration agency has said that it would be relaxing its policies in coming months in light of the current situation.
All rights reserved. For reprint rights: Times Syndication Service. Have you read these stories? Parcel train is back from the dead. Can it outlive the lockdown? Updated: Apr 11, Apple, Google to create contact tracing technology to fight coronavirus spread. Brand Solutions. TomorrowMakers Let's get smarter about money. ET NOW. ET Portfolio. Lapsing of H-1B visas makes techies jittery Indians currently in the United States on H1-B visas could face some testing times in the next few weeks.
All News Videos Photos. H1B workers seek instead of day stay in US post-unemployment period 31 Mar,AM IST Fearing massive layoffs in America due to the coronavirus crisis that is hitting businesses around the globe, foreign technology professionals on H-1B visas, the most sought after among Indians, demand the Trump administration extend their permissible post-job loss limit to stay in the US from the existing 60 to days.
Modi govt should talk to US to prevent job losses of Indians holding H-1B visa: Congress 10 Apr,PM IST "Time for the prime minister to ensure that our soft power of 'Namaste Trump' converts into fair treatment of H-1B visa holders in the US," Surjewala said, noting that the US has put Americans on a temporary paid leave or allowed them to work for reduced hours in the wake of the pandemic. Popular Categories Markets Live! Follow us on. Download et app.ఆమెరికలో కరోనా వైరస్ పరిస్థితి - H1B Visa Life in USA - Telugu Vlogs from USA
Become a member.This question can arrive after working for a company for several years, or just after landing in US, or even before flying to US.
As part of this article, we will look at various scenarios, look at overall process, documents required, understand the cost, timelines, and common FAQs. It is a term coined for our convenience. See below Screenshot. There is nothing really transferred from your old employer to new employer or even your visa related stuff.
Depending on where the H1B applicant is during the time of H1B transfer process, USCIS would look at various requirements related to the applicant, including the visa status of the individual. Below are the various common scenarios :. It is important to understand this because, applicants have to provide relevant documents like Pay Stubs, Tax Documents, etc for H1B transfer to prove that they were in status at the time of filing.
Usually, this situation arrives, when you are living outside of US and a Company applies for your H1B Petition and gets it approved. For some reason your old employer is not able to get you to US, you want to transfer to other company. In some situations, you may even have H1B visa stamped in passport using old employer.
Usually, this situation arises when the H1B holder after arriving in US, realizes that the employer is not the right fit or they have a better offer from another employer and they want to transfer immediately. Usually, if someone want to transfer within 15 days or less. In the above situation, as the applicant meets both of these, they can do H1B transfer to a new employer, if someone is willing to file a new H1B petition on their behalf.
They do not have to exit the country, they can do H1B transfer within US. This is the most common scenarios of the three as many are in US on H1B Visa working for a company and they get a better offer outside and they plan to move. This situation arises, when someone left US after few years of working on H1B, for whatever reason, and plan to come back to US as they haven not used all 6 years.
In general, you can Recapture un-used H1B Time. One more common situation is when someone has I Approved. Usually I is applied as part of Green Card process steps, where you wait for the priority date to become current.Filed amendment and extensionits got approved.
Received hard copies of Petition and I94 is valid till Oct Please let me know if any one of you have faced this kind of issue or came across for approved petition having valid I I also facing same issue. When attorny talked with USCIS they have mentioned it might be system glitch and they are working on resolving this.
Exactly same issue. My employer also suggested this issue might be due to system glitch and they not received any notice so far. Please follow the instructions in the notice. If you do not receive your reopening notice by March 30, Even the website displays the status as Case reopened. If you do not receive your reopening notice by March 30,please go to www. Mahesh, I am hoping that yours also get approved in coming days.
We will mail your approval notice.
H1B Transfer Process – Requirements, Documents, Timelines, Cost, FAQs
If you move, go to www. I am also in similar situation. I am with same employer and changed client in Aug but we filed H1B amendment on 10th August so technically we are not hiding any thing. My employers attorney will take next sets of actions but what you guys think how much time it should take for USCIS to respond back on case? Same is updated in uscis website. My employer has not received any such notice so far.
Please suggest what should i do as really worried. H1B Visa. Note: no H1 transferworking under same employer. My case also reopened yesterday. Good to hear and Congrats. I am waiting for the good news.
Finally my case too got approved. Congrats to both of you on the case approval. HI Guys, congratulations to Ravi and Mahesh. Sam whats the status of your case? Hi, My case was also approved.If the petitioner receives a Request for Evidence RFE pertaining to his educational eligibility for the H1-B petitioned role in the organization, he has to respond with a detailed description of his academic background justifying his eligibility for the H1-B petition.
This sample response serves as a letter from the petitioner's Manager. With reference to the employee insert nameand his qualification for the job, the following description is to confirm that a Master of Engineering degree is the appropriate degree for the position of Job Role of insert title and dept. As part of our ongoing expansion initiatives, we recruit engineers to help us achieve our software.
His Master of Engineering degree and coursework are crucial to the proposed job duties. A few specific examples include, but are not limited to, the following:. These act as a guide only and the content within these are to be customized as per requirement. While Lawbench covers general guidelines, it does not guarantee access to visas or ensure entry into the United States of America or assure any other form of privileges.
Lawbench and its affiliates are not responsible for any losses or damages that may arise from having used these sample documents. Sample Documents. Back to Sample Documents. Have Question? Ask a Lawyer Talk to a Lawyer.This article will be updated with latest info as we get more info. If you are going through the H1B process first time, it is good to learn some basics like cap, quota, LCA, etc. Click adjacent button. What is the H1B Visa season start date? In general, USCIS starts accepting applications for the next fiscal year exactly 6 months before the start of the next fiscal year.
As of the date of writing of article, the H1B quota is as below. This is also called the H1B Visa Cap. You can read more at What is H1B Cap? Regular vs Masters quota? Also, of the overall 85, visa cap, every year 6, visas are set aside for the citizens of Singapore and Chile as part of the Free Trade Agreement with them.
There were few bills part of Comprehensive Immigration Reform that are not active in Senate that were proposed from Obama administration days to change the cap count toand Masters to 25, including potential to make H1B cap extend up toBut nothing has moved and all are dormant.
Nothing new has been proposed by the new Trump Administration regarding changing cap count. To get a glimpse of historical cap count changes, you may check H1B visa cap count history from to Will there be Lottery for H1B season? Lottery Predictions? Filing Numbers? Looking at the historical trend of H1B filings, cap reach datesit is quite possible that we would have lottery for FY quota.
There are two things, one is when the H1B petitions are accepted for the lottery and second is when the actual lottery is done. H1B visa petitions for next fiscal year would be accepted by USCIS from April 2nd, for 5 working days until April 6th, to be part of the lottery.
Now, the actual lottery date depends on various factors depending the volume of petitions and USCIS load.I am in India to get my passport stamped for H1B. I got it stamped and I now have a valid H1B. I am supposed to go back to the US next week. I got to know yesterday that I was let go by my company due to bad market for our business. They were downsizing. I have been given 60 days to find a new job. Please help! Sorry to hear about your situation.
The 60 days grace period only applies to you, if you are in US. If you travel now, you maybe questioned at port of entry and your employer has to tell that you are still with them. If they are going to keep you on payroll and have you as employee for 60 more days, then you can travel and find a job there.
If not, it is risky to travel, if they question you at port of entry without having a job. Thank you. If it has not been revoked, then I can travel to the US.
How true is that? No, you cannot travel, without having a job available for you. Think logically, you need to maintains status from the day you enter US. If you do not even have a job, how can you maintain status…Do NOT try to cut corners and risk your future…If CBP officer senses it and asks you, you are going to be in deep trouble for misinterpretation of information.
Please check with your manager and ask his help if he can respond to the officer if they called during immigration check. If your client manager is ok to help you then you will be fine to travel with confidence. They will revoke your visa after 60 days. I think you should be ok if you have last three month- six month paystub.
Hurry now!! Currently in India, Job Loss, 60 days grace period? Port of Entry? H1B Visa. Kumar March 21,am 2.They updated that H1B Cap was reached on April 7th, So, for FYthe start date for accepting applications would be April 1st, So, technically the fiscal year for starts from October 1st and they accept petitions for the same 6 months before the start date and it would be April 1st, What is H1B Quota?
There have been many speculations on increasing the H1B Cap due to extremely high demand and bills proposed for the same in the past, nothing made it through. As of writing of this article, below is the H1B cap quota. We will keep this article updated as new changes come in.
The total H1B Quota as of today is 85, and it is split like below. Out of the above 85, quota, 6, are set aside for Singapore and Chile citizens as part of the free trade agreement between them.
Sample RFE Response to Educational Background (H1B)
Also, check out the article with history of maximum H1B Cap from to H1B Lottery Predictions? It used to be a speculation whether we would have lottery in previous years, but in the past 4 years, lottery has become common.
It is very likely that we would have lottery aka random selection for H1B season. We have been writing predictions over the years and all of them have been accurate so far. H1B Lottery was conducted on April 11th, It is never too late to start planning…Depending on your situation, you may fall in one of the below categories and the suggestions are described below.
This is probably the most asked question by everyone. It can be a tricky decision, you need be very careful to avoid fraud. The H1B fee varies by the size of the company. Below is a high level summary from FY quota. If any changes, we will update this accordingly. Well, this depends on many factors and there is no set SLA or date. So, you can expect the last date for receiving final lottery decision around mid July Ideally, your receipt numbers should arrive within 1 to 2 months…but, you never know, until you get a reject notice to be sure!
With premium processing suspended, it is quite hard for applicants to know the general status of everyone to understand their situation. We have put together a tracker along with good graphs for analysis. It is completely anonymous as we do not capture your case number or any personal information.
Besides this, as of the today article updated datenothing has been officially ordered or specifically implemented by New President Trump Administration. We will update the article as new updates come in. Fact is that nothing has passed and there are very slim chances for them to get passed before start of FY season.
You can check H1B Bills Tracker to get more details on current status. We will keep the article updated as new things are passed. Check out below. I got a denial for H1b in Nov, The decision was appealed by the employer and we have not received decision till now.