Guides published by Anu Gupta

Staying beyond 6 years on a H1 if Labor Certification not filed in the 5th year.

Jun 11, 2013

QUESTION. I have an employee who just started her 6th year on the H1B. Due to an oversight, we forgot to file for her labor certification last year. Is there any way in which she can stay after her H1 ...

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Extending time-limits on a H1 and L1 visa when the green card was not started on time.

Jun 11, 2013

Question: Is there any way to extend time on a H1 or L1 visa so we can file for a green card and the foreign worker can stay beyond 6 years? The employee is already in the 6th year....

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IT Consultant returns to US 2 months before visa expires to file for H1B extension

Jun 11, 2013

Question. We filed a H-1B for an employee. He is in India. He got it stamped at the consulate last year but did not show up all these days. Now that his H1B is about to expire in September, he wants ...

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Working for new employer while H1 transfer is still pending

Jun 11, 2013

Question. Should I move while H1transfer is pending? I am moving out of my current company and going to work for a new employer. The immigration attorneys at the new employer gave me the following advi...

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Travel when stamped H-1B visa is about to expire and extension has been approved

Jun 11, 2013

Question. The H1 and H4 visas in our passports expire on September 15th . We filed and received approvals extending our visas for 3 years on Form I-797. We have not had the new visas stamped in our pas...

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Travel after stamped H-1B visa expires and extension is approved by the CIS but not stamped

Jun 11, 2013

Question. The H1 and H4 visas in our passports expire on September 15th . We filed and received approvals extending our visas for 3 years on Form I-797. We have not had the new visas stamped in our pas...

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H-1B extension reaches CIS after current H1 expires

Jun 11, 2013

Question: My H1 expires on Saturday. My attorney send the extension request, which was received by the USCIS on Monday. Am I out of status? Answer. In this particular case, no, you should not be consi...

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Change in work location – new LCA or amended H-1B?

Jun 11, 2013

Question. My client just terminated the contract for my consultant/employee. I have another client where my consultant will start working next week. Do I need to file a H-1B or can I just get another...

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Started work for 2nd employer with H-1B receipt. Want to file another H1.

Jun 11, 2013

Question. I was working with Company A. I joined and am now working with Company B, based on H1 Receipt Notice. This H1 is pending. Now I am getting a very good job offer from Company C. Can Company C ...

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Employer’s obligation when laying off a H1B worker

Jun 11, 2013

Question. We are hiring a H1B worker. We are concerned on the three year term. Does this mean that if we, for any reason, lay her off, we are obligated to provide her with full salary for the remainin...

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Anu Gupta's Legal Guides (18)

Staying beyond 6 years on a H1 if Labor Certification not filed in the 5th year.

Extending time-limits on a H1 and L1 visa when the green card was not started on time.

IT Consultant returns to US 2 months before visa expires to file for H1B extension

Working for new employer while H1 transfer is still pending

Travel when stamped H-1B visa is about to expire and extension has been approved

Travel after stamped H-1B visa expires and extension is approved by the CIS but not stamped

H-1B extension reaches CIS after current H1 expires

Change in work location – new LCA or amended H-1B?

Started work for 2nd employer with H-1B receipt. Want to file another H1.

Employer’s obligation when laying off a H1B worker