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H1B Visa - Frequently Asked Questions

23.

What is premium processing of H-1B petition?

Through the USCIS Premium Processing Service U.S. employers may pay a $1,000 fee for expedited processing of their H-1B's. This service guarantees that within 15 days USCIS will issue either an approval notice, a notice of intent to deny, a request for evidence or a notice of investigation for fraud or misrepresentation. Employers may request Premium Processing by filing a completed Form I-907, Request for Premium Processing Service.

24.

What status will be assigned to H-1B workers who are laid-off?

If you are laid-off or have resigned from your current employer, you will lose your status immediately. It is advisable to leave the U.S. as soon as possible to avoid legal issues. However, USCIS Officers have been given discretion to approve a change of status if has been filed soon (usually within 10 days) after you terminated your employment.

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25.

Can I transfer my H-1B visa to another company?

You may apply for an H-1B transfer to another company. For this you need valid employment in the U.S. Also you have to prove that you have recent pay stubs (less than 60 days old) and last year W2 forms (if applicable). If you do not have recent pay slips, then you may need to explain the reasons to USCIS. (Unpaid vacation or long sick leave approval letters from your current employer may be considered.) As per law, the petitions that were filed after the last date of employment are not eligible for change of status or change of employment because the applicant becomes out of status when the applicant loses his or her job. The laid off H-1B worker will be considered out of status even though he has valid H-1B visa in his passport or valid
I-94 card.

26.

I am still the employee of my company, but without pay, what is my status?

As per the law, you should get paid from day one of your U.S. employment. You cannot live in the U.S. without a salary unless you are on unpaid vacation or sick leave. Your status is legal and valid, but if you are not able to find another employment quickly, it is advisable to leave the U.S. If your employer refused to pay your salary, you can complain to the nearest USCIS office or Department of labor (DOL).

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