when attorney send h1b package before travel

by Miracle Grimes Published 2 years ago Updated 1 year ago 6 min read

Can I expedite my H1B petition through another attorney?

Mar 26, 2014 · It is an option. 2. Yes. Because your attorney would have sent the application to reach USCIS by April 1st 2014 i.e. before your entry to US. 3. Yes, employer can file a COS petition and pay H1B fee again. No sane employer would be willing to pay twice for a H1B petition. Share this post. Link to post.

Can a H1B employee travel outside the US with a receipt notice?

H1B case receipt number is sent within 3 to 21 days by USPS mail for regular applications. H1B receipt number for premium processing applications is sent by email to your attorney or employer within 1-3 days. Paper mail is also sent by USPS mail but can take about 7-21 days to arrive. How long does H4 extension receipt takes to arrive?

Can I travel while my H1B extension is pending?

If an H1B petition is filed for a Change of Employer and the H1B employee begins working for the new employer under AC21 H1B Portability, the H1B employee may be able to travel on H1B while the petition is pending if: a. He/she is traveling on an unexpired H1B visa; b. He/she was previously lawfully admitted and has maintained their H1B status; and. c.

How to submit H1B application with USCIS?

Apr 02, 2018 · A: The employer. By law, employers must pay all fees associated with the H-1B visa transfer process. These fees are considered business expenses. Candidates and employees should NOT be asked to cover any payments. In addition, the law prohibits employers from deducting attorneys’ fees associated with H-1B visa transfer applications from wages ...

How many days it will take to get H1B receipt number?

3 to 21 days

H1B case receipt number is sent within 3 to 21 days by USPS mail for regular applications. H1B receipt number for premium processing applications is sent by email to your attorney or employer within 1-3 days. Paper mail is also sent by USPS mail but can take about 7-21 days to arrive.

Can I travel while my H1B is pending?

You can travel outside the US while H1B change of status is pending. The risk of travel is that USCIS will automatically abandon your Change of status request. You will have to get the hard copy of your approved H1B's i797 and apply for an H1B visa at the US embassy before you can enter the USA with an H1B visa.Nov 24, 2021

Can you travel before H1B lottery?

You must not travel outside of the U.S. while the petition is pending. Leaving the country while USCIS is reviewing your petition will cause USCIS to consider your petition for a change of status to be abandoned.

Can LCA be approved in 3 days?

Current Department of Labor (DOL) processing time for the Labor Condition Application (LCA), a requirement for all H-1B petitions. Typically, the DOL will approve the LCA within 5 to 10 days. Whether the candidate and employer wish to start employment based on USCIS receipt of the H-1B petition or wait for approval.

Can I travel while my i 140 is pending?

Hi, You can travel outside the Country while your I-140 is pending; as you said, your H1-B visa is valid.

Can I travel after H1B approval?

Please do not make plans to travel outside of the U.S. without contacting our office first. You must have a valid visa stamp in your passport to return to the U.S, unless you are a Canadian citizen or are making a short trip to Canada or Mexico.

Can I stay in US while waiting for H-1B?

If the H-1B petition is pending beyond October 1, you can remain in the U.S. based on the pending change of status petition. However, you must stop working until the H-1B petition is approved.

What is the next step after H-1B is approved?

If the application has been approved the employer will receive an approval notice from the USCIS, this approval notice will be forwarded to the employee so that he/she may be able to produce this at the visa office for stamping of the visa.

Does LCA get rejected?

LCA Denial

If your H-1B LCA is denied, the DOL will provide you with the reasons for the denial in the notice. It is not likely that an LCA denial can be appealed or motioned, but this obstacle can be overcome by fixing these problems and refiling before the H-1B filing window in April.

How much does an LCA cost?

no fee

Question: Is there a fee to file a Labor Condition Application (LCA) with the Department of Labor for the H-1B, H-1B1 or E-3 programs? Answer: No. There is no fee to the employer or worker to file an LCA with the Department of Labor.Mar 27, 2012

How soon can LCA be filed?

LCAs must not be submitted more than 6 months before the beginning date of the period of employment. The two exceptions to electronic filing are employers with physical disabilities or those who lack Internet access and cannot electronically file the Form ETA-9035E.

How to activate H1B?

In order to activate the H1B, the beneficiary must leave the US and obtain an H1B visa stamp and re-enter or the employer must file a new Change of Status/Amendment petition. 2. Travelling Outside The US When H1B Change Of Status Petition Is Approved With A Future Start Date.

Is it safe to travel after H1B?

NOTE: It’s always safe to travel after H1B approval.

Can a beneficiary return to the US in their previous status?

The beneficiary may only return to the US in their previous nonimmigrant status (if still valid or applicable) or the beneficiary must wait until the H1B petition is approved so that he/she can obtain an H1B visa stamp with which to re-enter the US.

Can I use an I-94 for an H1B extension?

If the H1B extension of stay petition is approved while she is abroad, her employer should send her the approval notice. She can then use the new approval notice and existing visa stamp to re-enter the U.S. CBP should give her an I-94 that matches the expiration date of the new approval notice.

Can Elizabeth travel to the US?

Yes, Elizabeth will be able to travel on H1B visa and re-enter the US with the previously issued H1B visa stamp and H1B approval notice. Once she re-enters and after the H1B petition is approved, her status will be extended. If the H1B extension of stay petition is approved while she is abroad, her employer should send her the approval notice. She can then use the new approval notice and existing visa stamp to re-enter the U.S. CBP should give her an I-94 that matches the expiration date of the new approval notice.

Can an H1B extension be denied?

If the H1B Extension of Stay is denied while the employee is outside the US, he/she should still be able to re-enter the US based on the still valid, previously issued approval notice and visa.

Can an H1B employee enter the US without an H1B visa?

b. If the H1B employee enters the US without the new H1B petition approval notice , CBP will admit the employee based on the previously issued H1B approval notice and H1B visa, which will have a shorter expiration date than the newly approved petition. The employee must leave and re-enter with the new approval notice (and possibly need to obtain a new H1B visa stamp if the previously issued visa is no longer valid) or the employer must file a new extension of stay petition to extend the employee’s I-94.

How long can you be in the US with H1B?

Generally, the maximum period that a worker can be in the U.S. in H1B status is six (6) years, which can be granted in increments of no more than three (3) years at a time.

What is an H1B visa?

H1B is a nonimmigrant visa category that allows a foreign worker to come to the United States and work in a “specialty occupation,” which includes many professional positions. The H1B gives a foreign national permission to work in the U.S. and a status that allows her/him to lawfully remain in the U.S. on a temporary basis.

How long can I work on an H1B extension?

Ordinarily, if an H1B employer applies for an extension while the foreign national is still in valid status, once the current I-94 expires, the H1B worker can continue to work for up to 240 days, or until the H1B petition is approved or denied, whichever occurs first.

What is an LCA for H1B?

An LCA for an H1B petition must be certified by the DOL before filing an H1B petition with the U.S. Citizenship and Immigration Services (USCIS). The DOL is responsible for ensuring that a foreign worker neither displaces nor adversely affects the wages or working conditions of U.S. workers in the same area where the employer intends to locate the H1B employee.

How many H1B numbers are there?

However, only 58,500 generally are available, as some numbers are set aside specifically for nationals of Chile and Singapore. This does not include the 20,000 additional H1B numbers available to persons who have earned masters’ or higher degrees from certain U.S. institutions of higher education, commonly referred to as the master’s cap.

When will H1B be included in the lottery?

For example, for fiscal year 2019 (FY19), which runs from October 1, 2018 through September 20, 2019, all cap-subject H1B petitions filed from April 2nd through April 6th, 2018, will be included in the lottery, assuming a lottery is needed.

When will USCIS accept cap subject petitions?

In the unlikely event that the cap is not reached by April 6th, meaning that no lottery is needed, the USCIS will continue to accept cap-subject petitions for FY19 until the cap is reached or until the last day of that fiscal year – September 30, 2019, in this example. 7.

What ink do you use for H1B?

When filing H1B petition, you should follow the instructions given below: General application filing instructions. Original signatures are required on each form. All signatures on the petition should be made in blue ink to readily identify the original signature. If the signature is made with black ink, it may become difficult to distinguish ...

What happens if I-129 is not subject to cap?

If the petitioner indicates on one part of the Form I-129 that the beneficiary is not subject to the cap, but on top of the petition writes “Regular Cap”, it can delay processing of a case or even cause it to be rejected.

What couriers are bonded?

Make sure to use the private couriers that are bonded. Examples of such couriers are Federal Express (FedEx) and United Parcel Service (UPS). Any package sent via private courier that is not bonded will be rejected.

Can you hand deliver a package to a service center?

Due to security concerns, you must use either the United States Postal Service (USPS) or bonded private couriers, as described above. You cannot hand deliver the package or send it via taxi cab to the service center.

What to do if I have an I-797 extension?

If USCIS approves your extension while you are abroad, you will need to reenter the U.S. with your new I-797 approval notice. This might mean that you'll need to have your approval notice sent to you while you are abroad so that you can present it when you reenter the United States. Also, if your visa stamp expires while you are abroad, you will need to visit a U.S. consulate or embassy to obtain a new one prior to returning to the United States.

Can I travel outside the US with an I-94 extension?

First, you must be present in the U.S. at the time your employer files your extension petition If you have a pending extension petition, and you travel outside the U.S. and return prior to your status and visa expiration dates, be sure to carry the documents noted above. However, if you use your previous approval notice, upon reentry, your I-94 will be valid only until your current expiration date (until and unless your extension is approved).

Can non-citizens reenter the US?

Under the current political climate, reentry into the U.S. for non-citizens has been regarded with heightened scrutiny, however, so you will want to be cautious and travel with certain documentation to ease the reentry process. All H-1B visa holders should carry the following:

How often do they revise H1B filing fees?

You should check USCIS website for correct H1B filing fee, as they revise fee every few years or so.

When did USCIS change H1B filing?

USCIS changed their H1B petition filing process from FY 2021 season. In the new process, they introduced H1B Registration Process, where employers need to first register the H1B applicants or employees in the H1B Registration Online Tool, whom they intend to sponsor H1B to work in US.

How much is the H1B visa fee for 2022?

The H1B fee varies by the size of the company..As of FY 2022 season, it can range anywhere from $1,710 USD to $7,910 USD + Attorney Fee. There are various fees components that make up this number range, for full details check H1B Visa Filing Fee Details – Summary

Do you need original documents for H1B?

They may ask you for original certificates, actual passport and all other originals. You should NEVER give original documents of mark sheets, passport or any other documents to anyone . You will need to carry the originals only when you go for H 1B visa stamping, but not for applying H1B Visa petition with USCIS.

Do you need to copy W2 if you live in the US?

If you have lived in US and paid taxes, copy of previous W2 tax forms.

Can an employer file an H1B petition?

If an applicant is selected in H1B registration process, then the corresponding applicant’s employer can file H1B Petition with USCIS. To submit H1B petition or application with USCIS, the H1B applicant need to submit the below documents to employer for preparing the petition and submitting the same to USCIS: