Sinead91

I would recommend having a MOU (memorandum of understanding / formal collaboration letter for your own records in case, but i don't see it affecting or impacting your J1 or your approval.

What is the basis for your 212E requirement? Government funding or visitor's skills list? I don't see it being an issue. We have had employees with similar situations. We did have a signed memorandum on file outlining the collaboration between the two sites (our category is Research Scholar). Since the basis of the J-1 is to exchange knowledge and foster collaboration within the scientific community (in this context), I dont think it's a problem. You said you already received a favorable recommendation, has it gone to USCIS for approval? In that case, there is nothing to worry about. You just need to have your waiver in hand for an H1B petition.

Why is your spouse abandoning her H1B and working under a H4? Will her employer not extend her H1B? But yes, once her H1B expires at the end of September, unless they extend it for her, she has to wait until she has her EAD in hand before continuing employment.

if you have a valid passport, valid stamp and valid i797 in THEORY you should be fine, however with this administration, who knows.

The only way for you to get your own independent visa is to find your own employer. If you have a specialty occupation, then you may find someone to sponsor your H1B or you can enter under the TN, if you meet the requirements, but a diploma won't be enough. You can only work on H4 status when you have an EAD and the only way to receive this is if your spouse has an approved i140. If they do not have this, then you cannot work under H4.

Won't be an issue. With H1B filings you submit a copy of your most recent i94, which you download from CBP. This is the same number as what is on your H1B, so if there's an error on your i94 on your 797, they will look at the i94 from the CBP website. The i797 is submitted to show proof of maintenance of status and you then also upload your i94 with it

Just received my new card today!! No notification or anything ha. Good to 2034!!

No

No, Medicals are typically required for immigrant visas, H1B is a non immigrant visa (although from within the US it is dual intent). The LCA is submitted by your employer and has nothing to do with a medical or your health. It is submitted to the Department of Labor and is there to protect salaries for H1B workers. It ensures you are paid a fair wage based on occupation and metropolitan statistical area.

Your new employer should file a new H1B for you, and you will need a new i797 also.

same here. Just checked and got the update that fingerprints have been "taken". Finally >< Not planning on filing for citizenship yet, just haven't had time!!

We: i work for a non profit and we are cap exempt so we don't partake in the lottery, we can file H1B petitions at any time in the year and there is no limit on how many we can file. I think there's a bigger pool of people to draw from on H1B over on reddit page.

It looks like you need a new stamp. What did you provide at the border for your supporting documentation? You should only enter the U.S. 10 days before your H-1B is active. You had an approved H1B from last year, why didn't you begin employment then? A H1B stamp in your passport is nothing without a job offer letter / start date letter / proof of employment. When travelling on H-1B you need 1. H1B stamp 2. Paystubs for active US employer / Offer letter for new employer 3. i797 H1B approval notice (the green notice) 4. Copy of H1B packet is also advisable.

We are a cap exempt employer and we do not host through these websites. We post on INDEED, linkedin, and our career portal. I would be skeptical of sites like these. The best way is to apply organically through websites or to look at company's LCAs (public access), that will point them in the right direction too.

Are they subject to the H1B lottery? Or are they cap exempt? If your job is considered a specialty occupation you may get sponsorship under that umbrella. If they use outside counsel, it will cost them thousands. If they file in house, and are cap exempt it will cost $960 ($500 fraud prevention fee and $460 filing fee). If they are not a non profit or meet the other requirements, the filing fee is $780, but is totally doable without outside counsel. Happy to answer any other questions

Regardless of whatever scam your fiance may have been caught up in, you are not entitled to anything as a fiance. You have to marry first. IF your fiance actually did win the H-1B lottery and has a job offer, and you are married, the H1B spouse (H4) cannot work unless you are beyond 6 years in H-1B or have an approved i140. Your fiance may have paid money to some desi consultancy or something similar and may jeopardise any future sponsorship also.

I don't think it matters at all, it won't make you stronger or weaker. H1B, unless it's cap exempt, is all based on meeting the minimum requirements and luck in the lottery. The NBI and H-1B do not interact.

While there is nothing on the employer end that needs to state this, it may come up in your consular appointment when you go for stamping. I would have supporting evidence of court cases / exoneration for your interview in the case that it comes up.

There's no shortcut to a greencard. Are you eligible for H1B sponsorship? The lottery is over for this year but lots of non profit orgs and schools still support and they are exempt from the lottery.

You need to provide more information. What was the basis for your waiver request? Did you not receive a letter outlining the error? Had you received a "favorable" decision from your consulate?

The actual TN process is incredibly simple once you qualify, the grey area here I suppose is the category that you would come under under the NAFTA professionals list. ACCOUNTANT Baccalaureate or Licenciatura Degree; or C.P.A, C.A., C.G.A., or C.M.A. ECONOMIST Baccalaureate or Licenciatura Degree MATHEMATICIAN (to include statistician) Baccalaureate or Licenciatura Degree These are the 3 that stand out to me. the actual process is easy and does not need a lawyer, unless they have the money they're willing to spend. Your employer needs to write a DETAILED letter that you can present at the border and be processed there. It should outline the work you will do, daily duties and responsibilites, the impact you will have, why you are the best person for the job, why you are a skilled professional etc. Then you bring your offer letter as well as copies of your degrees. TN visas are granted 3 years at at time and can be renewed indefinitely. The other option is H1B, which is dual intent. If your employer is CAP exempt, then they can file for you at any time. If they're cap subject, it won't be happening this year.

Even though you have a valid stamp, you still need an active employer to sponsor you. If you have an approved i797, it is invalid without paystubs and proof of employment. For Cap Exempt, regular processing, we see a turnaround time of 70 to 90 days for approval.

I'm not sure I've ever seen anything stipulating 180 days per calendar year. The point of the ESTA is for it not to be abused, and I would say that 2 x 90 day trips per year raises some eyebrows, especially when you are visiting a spouse. If you have ties to home that are concrete, bring pay stubs and rental agreements if needs be, show that you don't intend to stay, your visit may not be over scrutinised.

OP: new employers, especially if they're cap exempt, may not be able / willing to cover that fee. Thankfully you do not need a second approval for employment to begin, but if you have any international travel planned, then you should be ready to pay it if they are not willing. H-1Bs are straightforward outside of the lottery, so if they're a cap exempt employer, and you need assistance, please reach out It's my day job!

There have been cases where some employees (research scholar is what we sponsor) have not been sure as the consulate officer has failed to mark the box on their DS2019 and also the passport visa does not reflect it, however, in those cases where there is uncertainty you must request an Advisory Opinion from the Dept. of State.