|
 US
immigration attorney Nandini P Nair clears doubts on the
H1-B transfer process
I am currently in the US on H1-B status for
the past 30 months. I have filed for a transfer petition about three
months ago and it still has not come through. Why does an H1-B transfer
take so long? Isn’t there an easier process? I thought since
I am in H1-B status already, it should be a faster and easy process.
Am I wrong?
—Reena Mittal
The process for an H1-B “transfer”
is the same as filing a new H1-B petition and, therefore, it generally
could take a similar amount of time to process the visa. The only
major difference is that the person who is already on an H1-B status
does not fall within the H1-B cap, so will not need to wait until
October 1, to start working if the H1-B quota has been used up in
that fiscal year. Otherwise, the process of applying for the H1-B
petition is similar to a new
H1-B filing. Each H1-B petition is employer specific.
If you want a faster process, the best thing is for your employer
to convert the application to premium processing, the fast-track
method.
I am presently in the US and was previously
working for a British company in London. I have arrived here on
October 2, 2003 to look for a job in Atlanta. I am presently on
a B1/B2 visa. Can I apply for work in the US? If a company is ready
to sponsor me, how long do you think it would take for the H1-B
to come through?
—Rahul Kher
You can change your status from B1/B2 to H1-B
by filing a petition with the immigration service in the US. However,
please note that it is recommended that you wait at least 60 days
prior to filing the H1-B application since the immigration service
officials can doubt that you used the B1 visa to enter the US to
look for a job, which violates the terms of your stay in the country.
The current processing time can be anywhere from three to six months.
Remember that you cannot work until the
H1-B has been approved. I recommend that you
use the premium processing route if you need to begin employment
immediately. The H1-B quota is estimated to be finished for this
fiscal year by middle of February.
I am currently working with an American company
based in China. My country of origin is India. I have come here
on a business visa. The company is going to convert the business
visa into a work permit visa. My company maintains that it does
not need to pay for expenses related to my new visa. I would like
to know what company policies exist in this regard.
They are willing to loan me the money and
then subsequently deduct it from my paycheck every month. Any information
in this regard will be a great help as I am considering applying
for employment elsewhere because paying for the work permit visa
is something I cannot afford right now. Also, I consider visa related
expenses to be something that the company needs to take care of.
—Satyen Puri
I cannot really comment on your company’s
policy, each organisation has its own requirements. There is no
specific requirement that a company has to pay for the visa processing.
However, in my experience, most companies do pay upfront the visa
processing fees when they sponsor someone, but I have heard of companies
that don’t. It is really for you to decide which way to go
with them.
|
