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 Nandini
P Nair clarifies that contrary to media reports there will not be
any increase in the H1-B quota
Dear readers, I have received numerous e-mails
asking whether the H1-B quota will be increased. This is not true.
The queries were generated by an article in an Indian newspaper
about an alleged discussion between an attorney and President Bush.
The article indicated that the attorney informed the president about
the fact that H1-B cap numbers for fiscal year 2004 were used for
cases filed prior to the start of fiscal year 2004, because cases
can be filed six months in advance. In response to this information,
the president is stated to have indicated that he would favour an
increase in H1-B numbers by 12,000.
There has been no other report or confirmation
of this matter. The H1-B cap remains as is, with only 65,000 available
for fiscal year 2004.
I have read with a great interest your article
in IT People concerning the H1-B quota for 2003-2004. In the article,
you had stated that the USCIS will continue to process H1-B petitions
for persons who are filing for extensions, amending the terms of
their employment, changing H1-B employers, or requesting visas for
second employers.
Here is my situation: I am an L1 visa holder
working in the US. I have found another employer who has agreed
to sponsor my H1-B visa. I am not sure whether I might have problems
as the H1-B quota has been filled for 2003-2004. Kindly advice me.
—Prateek Chopra
Since you are on L-1 status, you are subject
to the H1-B quota.
Please note that you cannot work on H1-B status
until the visa has been approved and the earliest date available
is October 1, 2004.
I came to the US on an F1 student visa. Later
I found employment and my status has changed to H1-B. I still have
my F1 visa stamped on the passport. My manager wants me to travel
with him to Mexico for a couple of weeks to help with a start-up.
We feel that the only option left is to go to Canada for visa stamping.
Please let me know what will happen if the US consulate in Canada
refuses to stamp. I have been told that if my visa stamping gets
denied in Canada I can still re-enter the US, as long as it is within
30 days. Is it true?
—Sunil Pathak
It is not true that if your visa stamping is
denied in Canada you will be able re-enter the US within 30 days.
This ended after the attacks on 9/11. If you are denied, you will
have to go back to your home country for the visa processing and
then enter the US.
I first entered the US on an H1-B visa in April
1999 and stayed till September 2003, extending my stay three times.
During this period I have been to India four times on vacation,
each visit was not more than a month’s time.
I came back to India in September 2003, and from
then onwards have not gone back to the US. If I wait till September
2004 and go back on the H1-B visa that I still have valid till April
2005, will my six-year clock be reset and will I be able to extend
my H1-B status beyond April 2005?
—Sourav Sen
If you are physically out of the US for one year
and not working for a US employer abroad, then the six year clock
is reset but you will need a new H1-B approval notice to re-enter
the country.
Nandini P Nair is a US Immigration Attorney based
in New York, US. E-mail: dininair@aol.com
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