Buddy4all Posted September 28, 2013 Report Share Posted September 28, 2013 I had a H1B visa issued to me August of 2007 for a period of 3 years. I visited the US only once and that too for a period of just 5 months and returned back. Whist In India,my first three years of H1B expired and I got the visa extended for three more years and is valid till this year end. I never visited US after 2009 and my visa stamp expired around the same time my first 3 years of H1B expired. I never got the extension stamped on my passport. My US and India employers have a Head Office - Offshore Development kind of an arrangement . Legally they are not the same company but its more like it. Though I was required to be in the US all these years, I opted to stay back in India with an option to go back any time I wanted. Now I want to move to US for good. My questions: 1. I want to know what are the chances for a successful visa stamp this time around? 2. Will I need a 7th year extension right away or my lack of time in the US will give some sort of concession? 3. Since there are just 3 months left in the validity of my H1B, will visa stamp be an issue? 5. Are H1B visa holders expected to stick to their US employers and residence in US for the duration of the visa time or is it the visa holders prerogative all the way? Thanks in advance... Link to comment
Buddy4all Posted September 29, 2013 Author Report Share Posted September 29, 2013 Just keeping the thread afloat!!!!! Link to comment
Buddy4all Posted October 1, 2013 Author Report Share Posted October 1, 2013 Again...!!!! Link to comment
jairichi Posted October 1, 2013 Report Share Posted October 1, 2013 I had a H1B visa issued to me August of 2007 for a period of 3 years. I visited the US only once and that too for a period of just 5 months and returned back. Whist In India,my first three years of H1B expired and I got the visa extended for three more years and is valid till this year end. I never visited US after 2009 and my visa stamp expired around the same time my first 3 years of H1B expired. I never got the extension stamped on my passport. My US and India employers have a Head Office - Offshore Development kind of an arrangement . Legally they are not the same company but its more like it. Though I was required to be in the US all these years, I opted to stay back in India with an option to go back any time I wanted. Now I want to move to US for good. My questions: 1. I want to know what are the chances for a successful visa stamp this time around? 2. Will I need a 7th year extension right away or my lack of time in the US will give some sort of concession? 3. Since there are just 3 months left in the validity of my H1B, will visa stamp be an issue? 5. Are H1B visa holders expected to stick to their US employers and residence in US for the duration of the visa time or is it the visa holders prerogative all the way? Thanks in advance... Your employer has to file a cap exempt H1B petition and on approval you can enter US and work. You will get 6 years - 5 months spent on H1B Link to comment
Buddy4all Posted October 3, 2013 Author Report Share Posted October 3, 2013 Thanks.. SInce there are just 3 months left on my extension period expiry, can I apply for a visa stamp right away, and what are the chances that they will in fact stamp it considering my laxity in using the H1B visa time. Also, is the H1B exempt petition similar to a fresh application minus the cap. I mean the fees, the Labor approval etc... Link to comment
jairichi Posted October 3, 2013 Report Share Posted October 3, 2013 Thanks.. SInce there are just 3 months left on my extension period expiry, can I apply for a visa stamp right away, and what are the chances that they will in fact stamp it considering my laxity in using the H1B visa time. Also, is the H1B exempt petition similar to a fresh application minus the cap. I mean the fees, the Labor approval etc... An employer can apply anytime a H1B petition for you. It need not have to be within these 3 months of extension validity. That is correct. LCA and fees have to be done again. Link to comment
Buddy4all Posted October 3, 2013 Author Report Share Posted October 3, 2013 Thanks again... I think I may need to do pay the application expense myself as was the case with my first extension after the initial petition had expired after 3 years. How different is this application from that? I mean, the fees etc does it stay the same or is it more like a fresh application that my employer had initially filed minus the quota pangs? Link to comment
jairichi Posted October 3, 2013 Report Share Posted October 3, 2013 Thanks again... I think I may need to do pay the application expense myself as was the case with my first extension after the initial petition had expired after 3 years. How different is this application from that? I mean, the fees etc does it stay the same or is it more like a fresh application that my employer had initially filed minus the quota pangs? If you had paid for your 1st extension that is legal. By law an employer has to pay all H1B filing fee. It forbids employee paying in part or full or compensating employer in any form. Find an employer who will do this. Link to comment
Buddy4all Posted October 8, 2013 Author Report Share Posted October 8, 2013 Thanks... What will be the cost for a company to file a H1B cap exempt petition considering the company is a 25+ employee company with less than 10 employees on an H1B? Approximations should suffice.... Link to comment
jairichi Posted October 8, 2013 Report Share Posted October 8, 2013 Thanks... What will be the cost for a company to file a H1B cap exempt petition considering the company is a 25+ employee company with less than 10 employees on an H1B? Approximations should suffice.... http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=4b7cdd1d5fd37210VgnVCM100000082ca60aRCRD&vgnextchannel=73566811264a3210VgnVCM100000b92ca60aRCRD Link to comment
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