Tag Archives: h1b

Extending, Renewing or Changing Employers on your H-1B Visa

A common question we get asked is the process of renewal or extension of the  H-1B Visa and these days with all the lay-offs particularly changing employers on and H-1B visa. So we will attempt to best answers those questions for you.

RENEWAL:

The H-1B is for a period of 3 years which is able to be renewed once giving a maximum period of 6 years.

However following legislation enacted in 2000, extension of H-1B status past the six-year limit where a labor certification has been pending for 365 days or longer, regardless of whether or not a Form I-140 which is the permanent residency or green card application has been filed.

Usually this is not necessary as this should not take that long but does by the H-1B holder some extra time in this case. We recommend you ask your employer to have filed your Green Card Application by this stage.

The difference between H-1B status and getting your visa stamped are often confused. Getting H-1B approval implies that you are authorized to work in the U.S. and getting visa stamped implies that your passport has been authorized to enter the U.S so in essence the ability to travel.

As mention the general H-1B authorized period is three years and the date stamped on your passport would be close to this period.

CHANGE OF EMPLOYER OR EXTENSION:

H-1B extension is the extension of authorization to work in the U.S but is NOT the actual visa. To have the ability to travel across the U.S you need to get your visa stamped against the new extension, this is known as H-1B revalidation.

So if your visa has been extended beyond the 3 year period within the US, this is where you would need to get your visa stamped at an overseas consulate or embassy, if you travel abroad.

If changing employers or extending stay through USCIS, your employer has to prepare a new Form ETA 9035 Labor Condition Application (LCA) and Form I-129. There are filing fees for the I-129 form. ($320 currently)

The full list of H-1B Application costs are here.

If changing employers it also has to proved that you have recent pay stubs (at least 60 days old) and last year W2 forms (if applicable). If you do not have recent pay slips, it may need to be explained to USCIS as to the reasons why this is the case. They do consider leave of absence and long term approved sick leave.

It should be noted that this petition has to be filed BEFORE your last day of employment (and thus your termination date) recorded with USCIS. If this is after, you will be considered out of status and unable to change employers on your current H-1B.

If you are laid-off and USCIS is notified you will considered immediately out of status so as mentioned in other posts, it will be good if this is your circumstance to have your employer to delay notification to USCIS so you can have further time to find a role.

A merger and/or a sale of the company sponsoring your H-1B visa is not necessarily a change to your visa conditions and you may not need to do anything. If however you are performing different duties to what was on your approved Labor Condition Application, then this can be a violation.

USCIS sends Form I-797 Approval Notice to the employer or attorney of record as notification of the decision on the extension request.

Portability allows H-1B visa holders (or H-1B status) to actually begin work for a new H-1B employer as soon as the new employer files this change of employer application. This is an excellent benefit as does not result in many weeks and sometimes months of no work (OR SALARY) while USCIS takes is time to process this. This ability has been since 2001.

In terms of travel, a H-1B holder may re-enter the U.S. with an H-1B visa showing a different employer to join a new employer, but only if the new employer has filed an H-1B application in accordance with the above conditions and timings for you.

I hope this best answers this weird part of the H-1B visa terms of operation and I wish you well in either your;

– renewal of your H-1B Visa
– extension of your H-1B Visa
– change of employer of your H-1B Visa

CJ

SPECIAL EDIT: FIND OUT THE COMPANIES THAT YOU PROBABLY SHOULD NOT APPLY TO THIS YEAR BECAUSE IT WILL BE ALMOST IMPOSSIBLE FOR THEM TO HIRE FOREIGNERS ON H-1B VISAS

What is a Green Card & How do I Get One?

There are a few great sources of information answering one or both of the questions on the Internet. However the problem is most sites that address the Green Card tend to be vague, spread complete innaccuracies, raise false hopes and often charge usually excessively for services that should not be charged (eg. the DV or Green Card Lottery).

So I will try and create a brief outline of what the Green Card is and isn’t and what are the main ways you can obtain one.

The Green Card itself is an identification card stating that the holder is entitled to permanent resident status in the US. The major benefits include the right to both live and work anywhere in the US. This differs from all the non-immigrant visas which specify where the applicant must work, study, etc. and generally reside. They also are for much shorter periods of time and do not generally give the right to apply directly for US Citizenship.

The holder must maintain permanent resident status, and can be removed from the US if certain conditions of this status are not met. The Green Card actually does have an expiry date which can be extended simply and easily if all general conditions are met. A common period of validity is 10 years (which of course is far longer than the 3 years periods and limited renewals of H-1B and 2 year periods of E-3).

These general conditions are relatively simple like not committing crimes, submitting fraudulent application documents, paying taxes, etc. so most people never run into an issue here.

While a Green Card Application is pending, an applicant obtain 2 documents;

1.Temporary work permit known as the Employment Authorization Document (EAD), which allows the ability to work.
2. The second is a temporary travel document, advance parole, which allows you to re-enter the US as technically under normal circumstances during this period you are not allowed to leave.

There are 5 ways you can obtain a Green Card or Permanent Residency and these are as follows;

  • via a family member
  • via employment
  • via investment
  • via the Diversity or Green Card Lottery
  • via “The Registry” provisions of the Immigration and Nationality Act

According to wikipedia these are the current annual limits and wait times for
the various Green Cards

Category
Eligibility
Annual
Quota
Backlog
Family-Sponsored
IR
(A U.S. citizen must be at least 21 years of age in order to sponsor his
or her parents.)
Immediate
relative (spouses, minor children & parents) of U.S. citizens
No
Limit
F1 Unmarried
sons and daughters (21 years of age or older) of U.S. citizens
23,400 6-7
years
F2A Spouses
and minor children (under 21 year old) of lawful permanent residents
87,934 5-6
years
F2B Unmarried
sons and daughters (21 years of age or older) of lawful permanent residents
26,266 9-10
years
F3 Married
sons and daughters of U.S. citizens
23,400 8-9
years
F4 Brothers
and sisters of adult U.S. citizens
65,000 10-11
years
Employment-Based
EB1 Priority
workers. There are three sub-groups:Foreign nationals with extraordinary
ability in sciences, arts, education, business, or athletics OR Foreign
nationals that are outstanding professors or researchers with at least three
years’ experience in teaching or research and who are recognized internationally.
OR Foreign nationals that are managers and executives subject to international
transfer to the United States.
40,000 currently
available
EB2 Professionals
holding advanced degrees (Ph.D., master’s degree, or at least 5 years of
progressive post-baccalaureate experience) or persons of exceptional ability
in sciences, arts, or business
40,000 currently
available
EB3 Skilled
workers, professionals, and other workers
40,000 5
years
EB4 Certain
special immigrants — ministers, religious workers, current or former U.S.
government workers, etc.
10,000 currently
available
EB5 Investors 10,000 currently
available
Diversity
Immigrant (Green Card Lottery)
55,000
Political
Asylum
No
Limit
Refugee 70,000

The Application Process has 3 Steps:
1. Application (only with an Investor category would this be done by the person themselves)
2. Avalibility (As the quotas are limited as stated above, even in the application is approved by the USCIS, you still have to wait for a visa number from the National Visa Center. There are  additional limitation based on birth country so citizens of India, China, Mexico, etc. tend to have longer wait periods. If this is an Immediate Relative petition
there is no wait time)
3. Ajudication (If done within the US, the form I-485 is require to do an adjustment of status. If done at a consulate or embassy outside the US, then the applicant will receive an I-551 stamp in the passport at the port of entry. In both cases the actual Green Card will be mailed to their US address after several weeks)

A person can apply for US Citizenship after maintaining permanent residency for at least 5 years and can make that application up to 90 days before reaching this date. However this time is shorter for people with political assylum (4 years) and if married to a US citizen (3 years).

To Note:
– There are major tax obligations with being a Permanent Resident and further obligations for a US citizen
– Male Permanent Residents aged between 18-26 are required to register for the Selective Service System (that is should the US Government ever reinstate the military draft for example, you can be called to serve). I hope
this clears up the myths and answers your questions. 🙂

CJ