H1B - US Embassy Query??
Oct 8th 2008, 6:18 pm
#1
Just Joined
Thread Starter
Joined: Feb 2007
Location: Moved from Edinburgh, Scotland to Washington DC
Posts: 23
H1B - US Embassy Query??
Hi,
I was hoping someone could help me with a few H1b questions!
I've been in the US for several years on a J1 visa working for a government agency. (I already have a waiver of the 2yr HRR from the J1) Another agency have sponsored my H1B visa and then i will work as a contractor at the original government agency where i've been the past 3 years. The petition for my H1B was approved in May, 2008. I have not yet switched over from being a "J1 one for the government" to a "H1B contractor" in terms of my salary. (the job itself will remain the same regardless) Since i have not left the US since May i have not yet been to the US Embassy for the interview to receive my H1B Visa Stamp in my passport.
Qu 1. I will be returning to the UK in December and have an appointment with the US Embassy already set up while I'm at home. Will the fact that the petition was approved in May and I'm not attending the interview until Jan 5th be a problem?
Qu 2. Will the inquire as to whether or not I'm receiving my H1B salary already?
My third question stems form a conversation with a German girl who recently went home to get her H1B visa stamp. She said that even although she had the I-129 petition of work...the embassy re-did that paper work and it took over a month for her to receive her passport again. I think she said the check the sponsoring company for authenticity or something like that.
Qu 2. Has anyone heard anything along these lines before?
I just presumed it would be the usual "5 day processing" to have your passport mailed back. Is that naive?
You'd think after 4 trips to the Embassy I'd have this susses out but i seem to be suffering from pre-embassy anxiety more and more each visit!!
Thank you so much,
Jocy
I was hoping someone could help me with a few H1b questions!
I've been in the US for several years on a J1 visa working for a government agency. (I already have a waiver of the 2yr HRR from the J1) Another agency have sponsored my H1B visa and then i will work as a contractor at the original government agency where i've been the past 3 years. The petition for my H1B was approved in May, 2008. I have not yet switched over from being a "J1 one for the government" to a "H1B contractor" in terms of my salary. (the job itself will remain the same regardless) Since i have not left the US since May i have not yet been to the US Embassy for the interview to receive my H1B Visa Stamp in my passport.
Qu 1. I will be returning to the UK in December and have an appointment with the US Embassy already set up while I'm at home. Will the fact that the petition was approved in May and I'm not attending the interview until Jan 5th be a problem?
Qu 2. Will the inquire as to whether or not I'm receiving my H1B salary already?
My third question stems form a conversation with a German girl who recently went home to get her H1B visa stamp. She said that even although she had the I-129 petition of work...the embassy re-did that paper work and it took over a month for her to receive her passport again. I think she said the check the sponsoring company for authenticity or something like that.
Qu 2. Has anyone heard anything along these lines before?
I just presumed it would be the usual "5 day processing" to have your passport mailed back. Is that naive?
You'd think after 4 trips to the Embassy I'd have this susses out but i seem to be suffering from pre-embassy anxiety more and more each visit!!
Thank you so much,
Jocy
Oct 8th 2008, 10:06 pm
#2
Pleasant Pheasant Plucker
Joined: Feb 2008
Location: Palm Bay
Posts: 249
Re: H1B - US Embassy Query??
I was on a J1 for 3 years and the got "promoted" to the H1B. However, I work for a university, so I don't have to worry about the cap.
I was receiving my H1B salary before I had the visa - which was VERY NICE, because as soon as you get the H1B you get F'ed in the A with Social Security and medicare. My salary went up by 8%, but my take home pay went down by also $250 a month
Anyway, to your question: I've been through the process without a problem. The questions I were asked at the second interview were all to do with my qualifications to have the H1B, and I had a Phd to wave in their faces, which sorted that out nice and quick
Your H1B is tied to your contract; loose you contract, loose your visa. But I didn't come across anything to link my pay to the visa.
I was receiving my H1B salary before I had the visa - which was VERY NICE, because as soon as you get the H1B you get F'ed in the A with Social Security and medicare. My salary went up by 8%, but my take home pay went down by also $250 a month
Anyway, to your question: I've been through the process without a problem. The questions I were asked at the second interview were all to do with my qualifications to have the H1B, and I had a Phd to wave in their faces, which sorted that out nice and quick
Your H1B is tied to your contract; loose you contract, loose your visa. But I didn't come across anything to link my pay to the visa.
Oct 11th 2008, 9:03 pm
#3
Forum Regular
Joined: Sep 2005
Location: Andover, MA
Posts: 250
Re: H1B - US Embassy Query??
I don't think you've got anything to worry about...
I'm presuming that when your H1B application was filed, it stated that you were already in the US, and were requesting a change of status to H1B. If that's the case, the approval notice would have had a little slip at the bottom marked "I-94" that would replace the white I-94 in your passport, giving you a new date by which to leave the US. I believe in this case, you already have H1B status.
The only requirement to go to the embassy in the UK is when you leave the US and want to get back in again. You could stay in the US for the entire duration of the H1B and never go to the embassy. This is the difference between a "Visa" (for entry) and "Status" (once you're in).
Like Dan says, my interview questions for the H1B were extremely simple, and were intended to establish that the company existed and I knew something about the company that was hiring me. The more insubstantial the company, the more suspicious they would be (otherwise people could create shell companies and employ themselves), but if you're working for the government I'd be amazed if they give you any problems at all. My renewal interview consisted mainly of bad puns - it's basically a formality. I imagine the same will be true for you as you're effectively renewing. The security circus and the interminable waiting were far more of an ordeal.
So far as pay goes, I recall that my H1B paperwork contained details of proposed salary, but I believe the only requirement for H1B status is that you're paid the prevailing wage. This will be listed on the Department of Labor form that forms part of the paperwork. It could well be that your salary already reaches that level. In any case, I don't see why you can't be paid the "H1B" salary now - if it wasn't for your trip to the UK, you'd never have to get a visa stamped in your passport, so there's nothing magical about January in terms of your status.
I'm presuming that when your H1B application was filed, it stated that you were already in the US, and were requesting a change of status to H1B. If that's the case, the approval notice would have had a little slip at the bottom marked "I-94" that would replace the white I-94 in your passport, giving you a new date by which to leave the US. I believe in this case, you already have H1B status.
The only requirement to go to the embassy in the UK is when you leave the US and want to get back in again. You could stay in the US for the entire duration of the H1B and never go to the embassy. This is the difference between a "Visa" (for entry) and "Status" (once you're in).
Like Dan says, my interview questions for the H1B were extremely simple, and were intended to establish that the company existed and I knew something about the company that was hiring me. The more insubstantial the company, the more suspicious they would be (otherwise people could create shell companies and employ themselves), but if you're working for the government I'd be amazed if they give you any problems at all. My renewal interview consisted mainly of bad puns - it's basically a formality. I imagine the same will be true for you as you're effectively renewing. The security circus and the interminable waiting were far more of an ordeal.
So far as pay goes, I recall that my H1B paperwork contained details of proposed salary, but I believe the only requirement for H1B status is that you're paid the prevailing wage. This will be listed on the Department of Labor form that forms part of the paperwork. It could well be that your salary already reaches that level. In any case, I don't see why you can't be paid the "H1B" salary now - if it wasn't for your trip to the UK, you'd never have to get a visa stamped in your passport, so there's nothing magical about January in terms of your status.
