Tag: H1B visa

What Happens If You Leave The United States Before Your H-1B Change Of Status Petition Has Been Approved?

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The H-1B Change of Status Petition has 2 components: 1) the component conferring H-1B status, and 2) the component changing your status.

If you leave the U.S. while your H-1B petition is pending, USCIS may approve the component conferring H-1B status, but the change of status component will be considered abandoned, and your status would not automatically change from F1 to H1B on October 1, 2018.

Instead, you would have to leave the United States before commencing employment in H-1B status to apply for an H1B visa at a U.S. consulate.For H1B Visa Process Visit Orphosys Corp.

If you apply for an H-1B visa abroad, you could be subject to long wait times during the visa application process, which could delay your ability to begin your H-1B employment on time.

If you have not yet completed your studies, you should be able to reenter the United States in F-1 status to resume your studies, even if you leave while the H-1B petition is pending.

However, you would not be eligible to continue working under the Cap-Gap extension provision. When you travel, make sure you have a valid passport with a valid F-1 visa stamp and a Form I-20 that is endorsed for travel.

You may (but not likely) be subject to greater scrutiny about nonimmigrant intent based on the filing of the H-1B petition. For more information about nonimmigrant intent, please click here.

If you have completed your studies and have not applied for OPT, you will not be able to return to the United States in F-1 status. If you must leave the United States, you will have to apply for an H-1B visa in order to return.

The U.S. Department of States allows you to apply for your H-1B visa stamp up to 90 days before your H-1B petition start date.

But procedures may differ among U.S. consulates, so you should check the specific instructions of the consulate where you will apply.

Once you receive your H-1B visa stamp, you may enter the United States up to 10 days before your H-1B petition start date.

What happens if you leave the United States after H-1B petition approval?

If you are an F-1 student in a valid period of OPT, you should be able to return to the United States in F-1 status.To know more information on h1b recruiting agency visit Bpas

You must be able to show immigration officers that you intend to comply with F-1 rules (e.g., abiding by the terms of your OPT), including having nonimmigrant intent (i.e., ties to your home country).

You will need the following documents in order to reenter in F-1 status:

1) a valid passport with a valid F-1 visa stamp;

2) Form I-20 that is endorsed for travel/OPT by your DSO within the last 6 months;

3) a valid EAD card; and

4) a letter from your OPT employer that verifies your employment.

If you do not have a valid job offer, you may not be readmitted and your OPT may be terminated.

If you are an F-1 student and your OPT period has expired, but your H-1B was filed before your OPT EAD expired, you will receive a cap-gap extension of stay and work authorization through October 1, 2018. For more information about the cap-gap provision, please click here.

You will be permitted to travel abroad and return to the United States in F-1 status before October 1, even if your OPT EAD is no longer valid on its face. Please note that you will be able to seek readmission to the U.S. in F-1 status during a Cap-Gap period only if your H-1B change of status petition has been approved prior to departure.

In order to return, you must have the following: 1) a valid passport with a valid F-1 visa stamp; 2) Form I-20 that is endorsed within the last 6 months for travel/cap-gap extension of stay and work authorization; 3) your expired EAD card, and 4) a copy of your H-1B petition and approval notice.

The US Cities With The Most H1B Jobs

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The process to secure temporary visas for highly skilled non-citizen workers, otherwise known as the H-1B, has become increasingly difficult under the Trump administration.

The legal website Lawsuit.org, which aims to simplify complex legal topics, decided to look into how many H-1B holders already work in the U.S., and broke down the information by how much money they earn, where in the country they’re located, and by which companies they’re employed.

Not everyone can get an H-1B. It requires the recipient to have a university degree, and holders must already have a relationship with a company. To know more importance on h1b visa check Orphosys Corp.

The most common jobs for the sophisticated minds of these specialized visa holders are software developers, program analysts and software engineers, according to the study.

Denial rates for these visas have sky-rocketed in recent years.

In the 2015 fiscal year, denial rates for H1Bs were approximately 6 percent. In the first quarter of the 2019 fiscal year, the same denial rate was closer to 32 percent.

Our state has 18,228 H-1B-holding employees currently working in various companies. This puts us near the top of the country in the category. On average, those employees get paid $93,992 annually.

New York City has a commanding lead in the number of H-1B applicants for an individual city, with close to 70,000 workers using the specialized visa.

California is also a hotbed for the number of salaried workers with H-1B status, as San Jose, San Francisco, and San Diego are all in the top five.

The three largest employers of H-1B applicants are Ernst & Young, Deloitte Consulting, and Cognizant Technology Solutions.

All are successful companies with a plethora of software and data jobs, which all require advanced degrees — making them perfect spots for H-1B recipients.For more details on H1B Visa check Cssn

Here are the top ten cities with the most workers with an H-1B:

New York, New York

San Jose, California

San Francisco, California.

Chicago, Illinois

San Diego, California

Santa Clara, California

Atlanta, Georgia

Houston, Texas

Cupertino, California

Philadelphia, Pennsylvania

Employer Responsibilities In Handling The H-1B Visa Fees For 2020

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As previously mentioned, the sponsoring company or employer should take care of handling the H-1B visa fees for 2020 (with the exception of third party costs). With that said, it’s still necessary for all parties to be completely aware of the H-1B filing fees charged.

There are a number of factors to take into consideration, as outlined below:

1. Standard (Basic Filing) Fee:

The standard (basic) H-1B filing fee is $460 for the I-129 petition. This H-1B visa fee is also applicable to transfers, refilings, amendments, and renewals. Essentially, this fee is due any time that an I-129 is filed. Check for H1B Visa Process in UT Evaluators.

2. ACWIA (Training) Fee:

For employers who have between 1-25 full-time workers, the American Competitiveness and Workforce Improvement Act fee is $750. For employers with 26 or more full-time employees, the fee is $1,500. Some organizations are exempt from this training fee including non-profits with affiliations to educational institutions, governmental research organizations, primary/secondary educational institutions, etc.

3. Fraud Prevention & Detection Fee:

This $500 fee is applicable to new H-1B petitioners or those changing employers. It exists to help the USCIS ferret out those who plan to use this visa fraudulently. This H-1B visa fee is not required for extensions with the same sponsoring employer.

4. Public Law 114-113 Fee:

This H-1B visa fee is applicable to companies that have upwards of 50 employees with over half on H-1B or L1 status. The additional fee for these companies is $4,000.

5. Optional Fees:

Premium processing is an option available to those who want to expedite the H-1B visa process. This service is offered by the Department of Homeland Security and guarantees a 15-day processing time frame. In order to use this feature, you must complete form I-907 along with the $1,410 fee. Again, this is one of the optional visa fees. Another optional expense is if family members apply to be H4 dependents of the applicant by filling out form DS-160.

6. Attorney Fees (vary):

H-1B attorney fees can vary tremendously. We offer a flat fee for our services. To know more info on H1B Visa check Spectralreview

What About the LCA?

The Labor Condition Application, which is required for all H-1B visas, does not have a requisite fee attached to it, similar to the PERM Labor Certification. Your employer must simply make the four attestations required by the Department of Labor. If you decide to hire an immigration attorney to help you get the LCA, then that would be the only fee for this form.

H-1B Visa For Doctors & Physicians Requirements


Foreign medical graduates often desire to leave their country to further their careers in the United States. The H-1B is highly sought after by foreign professionals seeking employment in specialty occupations within the U.S. However, obtaining an H-1B visa for doctors and physicians comes with its own set of requirements.

H-1B Visa for Doctors and Physicians Requirements are as Follows :

A. The position that you are seeking must be a specialty occupation by definition. Fortunately, medical professions qualify as specialty occupations. H1B Visa Process Check UT Evaluators

B. You must be paid at least the actual or prevailing wage for your occupation which is defined by the Department of Labor’s (DOL) regulations.

C. The employer must file an H-1B petition on behalf of the doctor or physician. They must also work for the petitioning employer and follow the terms of the approved H-1B status. The doctor or physician may work part-time for more than one hospital if each hospital petitions the medical professional.

D. Physicians and doctors must demonstrate that they’ve earned and possess a degree from an accredited medical school in the U.S. or have the foreign degree equivalent of an M.D. degree in the U.S.

E. Applicants must demonstrate competency in both written and oral English examination administered by the Educational Commission for Foreign Medical Graduates (ECFMG).

F. You must have passed all three parts of the United States Medical Licensing Examination (USMLE).

G. To get an H-1B visa for doctors, you must have an unrestricted state license which allows them to practice medicine in their given state or have the authorization to practice medicine. Every state has unique requirements regarding post-graduate medical training, educational requirements, and licensing requirements.

H. In order to enter the U.S. to participate in medical training programs, you must first obtain ECFMG certification.

On January 17th, 2017, the Federal Register will implement a final rule that broadens the evidence that you can use to be eligible for an H-1B that has been temporarily approved. For H1B Visa Process Visit here

Under the rule, you will be able to submit a wider variety of evidence to support the technical circumstances that prevent you from obtaining your license before your admittance to the country.

An example of this situation would be if you were planning on practicing in a state that required an approved visa before issuing a license. A letter from the state licensing board would be classified as evidence that could be submitted.

How Our Immigration Attorneys Can Help H-1B Visa 2019 Lottery Predictions


The H-1B visa is a highly sought-after immigration option for those possessing bachelor’s degrees and higher education degrees. If you are applying for the H-1B Visa 2019 lottery, you were probably not selected in the visa lottery last year or in recent prior years.

The good news is that you can apply again this season! Due to the fact that the window is rapidly approaching it’s best to start preparing early. This involves gathering the necessary documents, securing legal counsel and filing the appropriate forms. In this post, we’ll be exploring some H-1B 2019 lottery predictions for the upcoming season. For H1B Visa Process Visit UT Evaluators

Our expert team of attorneys has extensive experience and a great reputation for offering top-notch representation in H-1B Visa, L-1 Visa, and Employment Green Card cases. We offer a highly competitive flat fee for H-1B filings and an initial consultation to review your case.

If you have any additional questions regarding the H-1B Visa process or need more H-1B filing tips please don’t hesitate to fill out this form and see if you qualify for a free consultation.

SGM Law Group also offers services in the following areas:

A. H-1B, E, L, O, P, H-3, J, K and U Visas, as well as I-130 and I-140 Immigrant Petitions with Accompanying Adjustment of Status (I-485)

B. EB-1 Extraordinary Ability Petition H1B Visa Process Check here

C. PERM Labor Certification with the Department of Labor

D. EB-2 and EB-3 Employment-based Green Cards

E. Investment Based and Treaty Trader Visas and EB-5 Green Card

There won’t be any winners in the proposed US H1B visa rules

Commenting over the recent reports of the United States considering changing H1B visa rules, CUTS international stated that the new proposal is not going to do any good to anyone.According to reports, if a proposal by the Trump administration of not extending the H1B visa to Green Card applicants is implemented, then nearly half a million H1B Indian workers in the US may be on their way back home.Until now such workers were allowed to stay in the US till such time their green card application was under process even after their H1B had run its course. Reportedly, the proposal aims to make it illegal for such workers to stay in the US for the intervening time i.e. between the expiry of their H1B visa and issuance of the Green Card. For H1B Visa Process Visit UT Evaluators

CUTS international in a press statement discussed its argument.The organization said that it is essential to note that H1B visa is for skilled manpower and hence this may bring in unpredictability for the employers in the US.Even though the change in immigration regulations is still a proposed one, this may adversely affect existing and prospective H1B applications by forcing US employers to reconsider their employment policies for H1B holders. In the worst case scenario, it could also adversely affect the green card applications under the process.That said, there are challenges that even the Trump administration and US businesses could face. These may include pacifying such employers whose businesses will be adversely affected, for employers to find suitable replacements and for the administration to forgo the tax revenues coming in from potentially affected population, CUTS international said in a press statement.

In this week alone, there were other unpleasant news on this front. For instance, there are reports that the proposed US Bill on ‘Protecting American Jobs’ seeks to tighten the definition of visa-dependent companies, imposition of fresh restrictions on minimum salary and movement of talent. These developments could have the potential to vitiate the cordial India-US relations., the statement added.In the recent past, the issue of H1B visas was taken up by Commerce Minster Suresh Prabhu at US-India bilateral Trade Policy Forum (TPF) and separately by Finance Minister Arun Jaitley in his meeting with US Commerce Secretary, Wilbur Ross.India’s argument is that the issue related to H1B is essentially a trade and services issue, and not a matter relating to immigration. Further, H1B pertains to temporary movement of Indian professionals while US’s position seems to suggest that H1B programme was meant to fulfil the shortage of skilled manpower but over the years has become a back door route to obtain US residency. For H1B Visa Evaluation click here

Be that as it may, this issue needs resolution at the highest level as there are no winners but only losers and colossal waste of resources. In other words, there is a mutuality of interests involved and this how this matter must be seen and resolved at bilateral level.CUTS International also known as Consumer Unity & Trust Society is a non-profit organisation headquartered in Jaipur. The organization addresses issues at regional and international levels through a network of 13 centres around the world.