H1-B visa extention

Old May 1st 2002, 5:00 am
  #1  
Jerry Dawn
Guest
 
Posts: n/a
Default H1-B visa extention

My H1-B visa will be expried by the end of 2002. I need to extend 6 more months.

Is there advice on how to apply the H1-B visa extention. (I want to go through the
procedure by myself.) What should I do first? How many and what application forms I
need to submit?

Any advice would be much appreciated.

Jarry.
 
Old May 1st 2002, 7:00 am
  #2  
Ingo Pakleppa
Guest
 
Posts: n/a
Default Re: H1-B visa extention

First, are you talking about the H-1B visa in your passport or about your H-1B status
(the I-94 and petition?)

Second, how long have you been on the H-1B before?

Third, what does your employer say about that? You cannot do it by yourself, since
the employer has to file the paperwork. Of course you can prepare it and present it
to him. But it may be more desirable to simply have the employer hire an attorney to
do the whole thing.

Fourth, why only six months? Normally, H-1Bs are extended in increments of three
years. There are exceptions.

Ingo

On 30 Apr 2002 19:14:24 -0700, [email protected] (Jerry Dawn) wrote:

    >My H1-B visa will be expried by the end of 2002. I need to extend 6 more months.
    >
    >Is there advice on how to apply the H1-B visa extention. (I want to go through the
    >procedure by myself.) What should I do first? How many and what application forms I
    >need to submit?
    >
    >Any advice would be much appreciated.
    >
    >Jarry.

I am not a lawyer and this is not legal advice. For reliable advice, please consult
with a professional immigration attorney.

For further information, check the following frequently-requested links.

For many questions, you may find answers at
http://travel.state.gov/visa_services.html (Department of State)

or http://ins.usdoj.gov (INS).

For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html

For visa denial and suggestions what to do about them, see
http://travel.state.gov/visadenials.html

For DOL Online Labor Certification: http://workforcesecurity.doleta.gov/

For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html

For information on entering the US as a K-1: http://www.k1poelist.com/

For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm

For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html

For non-official information, check:

(When using these sites, and any Web sites, please watch out for privacy, as I do not
know all site operators.)

http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.richw.org/dualcit/
(dual citizenship FAQ) http://www.ilw.com http://www.srs-usvisa.com
http://www.getusavisa.com http://greencard-lottery.virtualave.net/
http://www.jcvisa.com (H-1B) http://www.h1bresources.com (marriage and fiancee)
http://www.kamya.com/misc/ (marriage and fiancee)
http://www.mindspring.com/~docsteen/...o/visainfo.htm http://www.workpermit.com

This is not an endorsement of any of these Web sites. I am not affiliated with any of
the Web site owners and do not receive nor accept payment in return for listing them,
and typically don't even know them.

(if believe you have a good immigration-related Web site and want your Web site
listed here, please e-mail me).
 
Old May 1st 2002, 3:00 pm
  #3  
Jerry Dawn
Guest
 
Posts: n/a
Default Re: H1-B visa extention

Thank Ingo for the response.

[email protected] (Ingo Pakleppa) wrote in message

    > First, are you talking about the H-1B visa in your passport or about your H-1B
    > status (the I-94 and petition?)
    >

I mean the H1-B status (I-94 and petition).

    > Second, how long have you been on the H-1B before?

Almost three years. (My employer sponsor my H-1B visa for one year in 2000, and
another two years in 2001. So my H-1B status will be expired in the end of 2002).

    >
    > Third, what does your employer say about that? You cannot do it by yourself, since
    > the employer has to file the paperwork. Of course you can prepare it and present it
    > to him. But it may be more desirable to simply have the employer hire an attorney
    > to do the whole thing.

My employer will sponsor my H-1B visa again. Six-months or one year or three years
will be all OK with us. Actually I am working as a resident in a Medical Center, my
residency program requests me extend another four months.

My employer are willing to file the paperwork for me, but they won't hire an attorney
for me this time. It would be cost lots just for extra four months extention if I
hire an attoney. That's why I try to prepare the document and paperwork by myself (of
course, my employer will do the filing).

    >
    > Fourth, why only six months? Normally, H-1Bs are extended in increments of three
    > years. There are exceptions.

I hope I can get the advice on what type of procedure I have to go through for the
petition (extra four months). What type of forms I should prepare at the moment? (to
Dept. of Labor? then to INS?)

Your instruction is much appreicated.

Jarry.

    >
    > Ingo
    >
    > On 30 Apr 2002 19:14:24 -0700, [email protected] (Jerry Dawn) wrote:
    >
    > >My H1-B visa will be expried by the end of 2002. I need to extend 6 more months.
    > >
    > >Is there advice on how to apply the H1-B visa extention. (I want to go through the
    > >procedure by myself.) What should I do first? How many and what application forms
    > >I need to submit?
    > >
    > >Any advice would be much appreciated.
    > >
    > >Jarry.
 
Old May 3rd 2002, 4:30 am
  #4  
Got Root?
Guest
 
Posts: n/a
Default Re: H1-B visa extention

"Jerry Dawn" <[email protected]> wrote in message
news:[email protected]...
    > My H1-B visa will be expried by the end of 2002. I need to extend 6 more months.
    >
    > Is there advice on how to apply the H1-B visa extention. (I want to go through the
    > procedure by myself.) What should I do first? How many and what application forms I
    > need to submit?
    >
    > Any advice would be much appreciated.

The H-1B visa is used/abused by companies to hire cheap foreign labor based upon a
fabricated myth of a native worker shortage. The H-1B visa is not for your personal
convenience. You can't just pick and choose when you come and go. You are a temporary
hired hand, and when your employer is finished with you, your visa expires and you
must go home.
--
Fight The H-1B Fiasco! A C T N O W! www.HireAmericanCitizens.org - Learn About H-1B
and Help Stop It!
    > Jarry.
 
Old May 3rd 2002, 6:30 am
  #5  
Ingo Pakleppa
Guest
 
Posts: n/a
Default Re: H1-B visa extention

On 1 May 2002 06:47:26 -0700, [email protected] (Jerry Dawn) wrote:

    >Thank Ingo for the response.
    >
    >[email protected] (Ingo Pakleppa) wrote in message
    >
    >> First, are you talking about the H-1B visa in your passport or about your H-1B
    >> status (the I-94 and petition?)
    >>
    >
    >I mean the H1-B status (I-94 and petition).
    >
    >
    >> Second, how long have you been on the H-1B before?
    >
    >Almost three years. (My employer sponsor my H-1B visa for one year in 2000, and
    >another two years in 2001. So my H-1B status will be expired in the end of 2002).
    >
    >
    >
    >
    >>
    >> Third, what does your employer say about that? You cannot do it by yourself, since
    >> the employer has to file the paperwork. Of course you can prepare it and present
    >> it to him. But it may be more desirable to simply have the employer hire an
    >> attorney to do the whole thing.
    >
    >My employer will sponsor my H-1B visa again. Six-months or one year or three years
    >will be all OK with us. Actually I am working as a resident in a Medical Center, my
    >residency program requests me extend another four months.
    >
    >My employer are willing to file the paperwork for me, but they won't hire an
    >attorney for me this time. It would be cost lots just for extra four months
    >extention if I hire an attoney. That's why I try to prepare the document and
    >paperwork by myself (of course, my employer will do the filing).
    >
    >
    >>
    >> Fourth, why only six months? Normally, H-1Bs are extended in increments of three
    >> years. There are exceptions.
    >
    >
    >I hope I can get the advice on what type of procedure I have to go through for the
    >petition (extra four months). What type of forms I should prepare at the moment? (to
    >Dept. of Labor? then to INS?)

Thanks for the answers, that clarifies a lot! Since a three-year H-1B and a
four-month H-1B is exactly the same paperwork and cost, I would apply for the full
three years. Exception: if the employer cannot possibly make a business case
justifying a three-year extension (for instance, if the position is a temporary
position limited to six months), then of course you couldn't get a three year H-1B.
I'm not sure about your exact situation, but given that the job has already been
extended twice by multiple years, it seems that you can in fact justify a full
three-year extension. If the employer asks about that, explain that the H-1B does not
commit either of you to actually working that long - it is merely the *right* to
work. Both you and the employer can quit earlier.

OK, now for the paperwork. First, your employer need to file the Labor Condition
Attestation with Department of Labor. You can do that online (the link should be in
my signature below). Follow the instructions carefully, and once the LCA has been
approved by the computer (I believe that takes just minutes), be sure to have the
employer sign it immediately. There are also requirements regarding posting the LCA
at the employer's premises and/or notifying labor unions.

Next, you use form I-129 (download it from the INS Web site). The trickiest part may
in your case be figuring out what the fee is for that form. Since your employer has
already filed for two H-1Bs on your behalf, your employer should, at least in theory,
no longer have to pay the $1000 training fee (this fee must be paid for the initial
H-1B and for the first extension only). I am not sure how to claim that, though.
Include with the I-129 the following (all copies, NEVER send originals to INS):

- transcript
- diploma
- birth certificate
- translations of these documents (if not in English)
- a credentials evaluation of the diploma, showing that it is equivalent to at least
a US bachelor's degree
- the employers last three year's tax returns
- evidence that the employer is in a viable and ongoing business. Often, this
includes things like advertising brochures (it's obviously OK to send originals of
those!) or the like, contracts that show future commitments from customers or to
vendors, and the like.
- your most recent two pay stubs
- your I-94 (since you have already extended your stay, you probably have two I-94s)
- your passport (copy all pages including front and back cover)
- the LCA. This is an exception to the "no originals" rule. You MUST send the
original one bearing the employer's original signature. Do keep a copy of the LCA.

You can file this as early as six months before your H-1B expires. The latest you can
file the I-129 is the day the H-1B expires - as long as you file on time, your H-1B
will be automatically extended until INS decides your case (maximum of 240 days).

    >Your instruction is much appreicated.
    >
    >Jarry.
    >
    >
    >
    >
    >
    >>
    >> Ingo
    >>
    >> On 30 Apr 2002 19:14:24 -0700, [email protected] (Jerry Dawn) wrote:
    >>
    >> >My H1-B visa will be expried by the end of 2002. I need to extend 6 more months.
    >> >
    >> >Is there advice on how to apply the H1-B visa extention. (I want to go through
    >> >the procedure by myself.) What should I do first? How many and what application
    >> >forms I need to submit?
    >> >
    >> >Any advice would be much appreciated.
    >> >
    >> >Jarry.
    >>
    >>

I am not a lawyer and this is not legal advice. For reliable advice, please consult
with a professional immigration attorney.

For further information, check the following frequently-requested links.

For many questions, you may find answers at
http://travel.state.gov/visa_services.html (Department of State)

or http://ins.usdoj.gov (INS).

For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html

For visa denial and suggestions what to do about them, see
http://travel.state.gov/visadenials.html

For DOL Online Labor Certification: http://workforcesecurity.doleta.gov/

For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html

For information on entering the US as a K-1: http://www.k1poelist.com/

For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm

For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html

For non-official information, check:

(When using these sites, and any Web sites, please watch out for privacy, as I do not
know all site operators.)

http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.richw.org/dualcit/
(dual citizenship FAQ) http://www.ilw.com http://www.srs-usvisa.com
http://www.getusavisa.com http://greencard-lottery.virtualave.net/
http://www.jcvisa.com (H-1B) http://www.h1bresources.com (marriage and fiancee)
http://www.kamya.com/misc/ (marriage and fiancee)
http://www.mindspring.com/~docsteen/...o/visainfo.htm http://www.workpermit.com

This is not an endorsement of any of these Web sites. I am not affiliated with any of
the Web site owners and do not receive nor accept payment in return for listing them,
and typically don't even know them.

(if believe you have a good immigration-related Web site and want your Web site
listed here, please e-mail me).
 

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