H1B Worker Visa Questions & Answers

Question: My employer has the copy of my I-797 (approval notice) and will not give me the form. How do I go about obtaining this form?

Answer: It is up to the employer whether or not they wish to give you the documentation. By law, they are required to give you the I-94 portion of the approval (the bottom half). However you can ask them to make a copy of the entire form and give that to you if they don't wish to give up the original document.

Question: I have recently received my H1Bapproval and I was planning to get stamping done. I am from India. Is it alright if I were to get my stamping done in India (Mumbai consulate using the drop-box) or am I better off going to get my stamping done in Canada/Mexico?

Answer: Please keep in mind that the third countries are not obligated to issue the visa and if they decide to deny your visa and you do not have a valid visa in your passport, you will not be able to re-enter the U.S.

The information for a visit to Canada or Mexico are as follows:
1. The applicant must make an appointment with the proper U.S. consulate, which can be done on the online system http://www.nvars.com. If the applicant has permanent residency or is a citizen of Canada or Mexico, they may not need an appointment for their country of permanent residence/citizenship.
2. The applicant will need to obtain a visa for Canada or Mexico. Contact the appropriate consulate for information.
CANADIAN CONSULATES: http://www.canadianembassy.org/splash/
MEXICAN CONSULATES: http://www.embassyofmexico.org/engl...nsulateseng.htm
3. Once you make an appointment through the nvars web site, the U.S. consulate will send you a list of documents to bring with you. You should also check out the web site of the appropriate U.S. Consulate in Canada or Mexico from: http://www.immigration.com/links-consulates.html

Question: How do I know if my visa is valid or if it is canceled?

Answer: An H1 petition is in the hands of the employer and there isn't an established way for you try and find out whether your H1 has been revoked. You can try calling the INS office that approved your case.

Question: Is it possible to travel outside of the U.S. if my H1extension case is pending?

Answer: To travel outside USA during the pending of a new H-1 OR L-1 petition, H-1 OR L-1 extension or H-1 or L-1 transfer is possible but the following issues and their consequences must be kept in mind.

When you travel abroad, two things change, which alter the facts stated to USCIS in the H-1 petition. One, the date of your last arrivals into USA will now be different and two you will be issued a new I-94 upon reentry into USA.

If You Travel and re-enter USA during the Pending of a NEW H-1 (For example change from F-1 to H-1) You will probably have to get an H-1 visa before you can start work.

If You Travel and re-enter USA during the Pending of an H-1 EXTENSION (Working for the same employer) You will probably have to get an H-1 visa before you can start work.

If You Travel and re-enter USA during the Pending of an H-1 TRANSFER (Working for a different employer) You will probably have to get an H-1 visa before you can start work.

Question: Can it be assumed that an H-1B application will be approved on receipt of the Receipt Notice?

Answer: No, a receipt notice does not guarantee approval of a petition. It is just a notification that INS has received the application.

Question: My passport is about to expire later this year and I plan on renewing it. However, the passport has my H1B doesn't expire until a few years. What will happen to my H1B if I apply for a new passport? Will my H1B become invalid on my old passport?

Answer: Your visa will continue to be valid. What will happen is that the government will cancel and return to you the old passport. You then will carry a canceled passport with a valid visa and a new passport together.

Question: Can an H1B nonimmigrant worker hold more than one job at a time?

Answer: H-1B nonimmigrant workers may be employed by several employers concurrently. Please note that, if you are in H-1B status with one employer, and want continue working for this employer, while commencing new employment for a second employer simultaneously, the second employer must file and I-129 petition with USCIS in order to get permission for this employment.

Question: I applied to change my status from H4 to H1B and the case has been approved. However, my H4 stamping on my passport is expiring soon. Do I need to go for stamping immediately? Or is it possible that if I happen to travel abroad can I do the stamping there?

Answer: you received a new I-94 with your H-1 approval you do not need a stamp before you start working. You can get the visa stamp when you travel. If you did not receive an I-94, you need a stamp before you can start working. Do discuss the details with a competent lawyer for your specific case.