H1B Transfer and Stamping

[Sandeep316]

Hi All,

 

I am working as a contractor on H1b and looking to go for Full-time position.

(My employer: ABC and I work at client XYZ)

 

About myself: I have a non IT background, but have a bachelors(India) and Masters(USA) degree. Its been 1 year and 7 months that I have been working at XYZ(Current).

 

My concern:

1- One of my friend with same situation(same employer ABC) as above, is in process of working as full time with other employer, but after they filed his H1b, he got a Rfe now about no background and some other. I am worried about the same since I too looking to change my employer and work as FT.

 

2- Please suggest the legal steps to fix such situation, are there any education evaluation or certifications done for such problems? 

 

3- Does the duration remain same after h1b trasnfer is approved..i.e currently I have 3 years. will I get the same period if approved or can be anything?

 

4- I am also planning to visit India for Stamping, the reason why I am looking for FT. Does going for Stamping as contractor cause issues? which is better?

 

I am just worried and confused, need positive suggestions. 

 

All the best everyone.

 

Thanks

 

 

 

 

 

[jairichi]

You need to have a minimum of 4 years Bachelor's degree related to H1B profession or 3 years related work experience to substitute for every 1 year of education. Any certification will not help you if you do not have a degree. Duration of approval is USCIS discretion based on documents submitted. With your non-IT background working on H1B in IT profession the chances of getting a successful stamping is slim.

[rahul412]

Does your H1 job is related to your Master's or bachelor's degree?? That's the minimum req for H1 approval.

[ashuneel]

working as a contractor on H1b and  having a non IT background for IT rellated job are red flags.

 It is not advised to go for consulting/contracting on H-1B and you must show that you are eligible for the specialty occupation as per H-1B filing.

[wiweq]

There are some third party companies who verify your educational credentials. Your employer's attorney must be knowing about this. This is not a problem. 

In each H1b transfer you will get 3 year of H1 till you hit quota of 6 years.

Stamping as a contractor is not a problem if you have all the proofs about the legalities of H1b job and your employer is not involved in any fraud.