How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds
Ask a Immigration Law question
Type Your Immigration Law Question Here...
characters left:
7 Immigration Lawyers are Online Now

H1B Visa Questions

Getting a H1B visa or H1B visa transfer can be a little confusing if you don’t know what you need to do or who to turn to for help. Immigration Lawyers on JustAnswer frequently answer many H1B visa related questions and can help answer yours as well. Here are five of the top H1B visa questions.

Can someone file for a H1B transfer if another company wants to hire and file a H1B extension before it expires?

In most cases yes. Usually you are not restricted to an extension being requested or filed only through the petitioning employer. Any employer can file for an H1B extension. For H1B extension questions feel free to ask Immigration Lawyers on JustAnswer to answer your questions.

If someone has a H1B visa, green card and labor and I140 are completed but their visa is going to expire soon, how long can they stay in the USA if their employer does not file a H1B visa extension?

In most cases there is no grace period once a H1B visa has expired. Technically a person must leave USA on or before the expiration date. However, if you have applied for a F1 visa and can show proof of receipt prior to the expiry date, you will be authorized to stay.

If a new employer files H1B petition after someone’s expiry date, when can the employer file H1B visa?

The new employer may file for the extension as long as you are in status provided the former employer has not withdrawn the I-140 petition. The new employer may request a 3-year visa based on the approved I-140. Any employer can request the H1B extension - it does not have to be the same employer who filed the I-140 petition.

If someone were to switch to a B1/B2, how long can they stay in the country? Is there a grace period for leaving the country?

It can depend on how many months you are approved for by the USCIS. The maximum stay on a B2 visa is 6 months. You can apply for an extension of another 6 months before the end of your previous B2 visa. However, there are no grace periods for staying in the country if you are considered “out of status”.

Can someone have both a H1B visa and a B2 at the same time?

You can only be on one non-immigrant visa at a time. Since both the H1B and the B2 are non-immigrant visas, you will have to choose one over the other, not both. In this case, if you apply for an H1B visa and then submit a B2 visa, the B2 visa will take precedence. However, if you file for the B2 visa first and then file for the H1B visa, the H1B will take precedence over the B2 visa in most cases.

If you are faced with questions like these or need further clarifications on your rights or limitations with regard to H1C visas, Immigration Lawyers on JustAnswer can help answer your questions and point you in the direction you need to go.
Ask a Immigration Law question
Type Your Immigration Law Question Here...
characters left:
7 Immigration Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Meet The Experts:

 
 
 
  • Ron

    ASE Certified Technician

    Satisfied Customers:

    21171
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
< Last | Next >
  • http://ww2.justanswer.com/uploads/FO/fordguy4u/2011-12-17_222940_HPIM1257.64x64.JPG Ron's Avatar

    Ron

    ASE Certified Technician

    Satisfied Customers:

    21171
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
  • http://ww2.justanswer.com/uploads/lyeung1/2010-07-25_032152_tn_IMG_0241.JPG Dr. Y.'s Avatar

    Dr. Y.

    Urologist

    Satisfied Customers:

    18385
    I am fellowship trained specializing in general urology and reconstructive urology.
  • http://ww2.justanswer.com/uploads/docjohn174/2008-12-13_170143_johnask.jpg John's Avatar

    John

    Home Appliance Technician

    Satisfied Customers:

    13453
    Appliance repair business owner for over 43 years.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8485
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/dermdoc19/2010-09-30_160749_Photo_122807_015.JPG dermdoc19's Avatar

    dermdoc19

    Dermatologist

    Satisfied Customers:

    3846
    30 years practice in general and cosmetic dermatology
  • http://ww2.justanswer.com/uploads/BI/birddoctor/2012-6-22_173214_birddoctor.64x64.png Dr. Pat's Avatar

    Dr. Pat

    Bird Veterinarian

    Satisfied Customers:

    3384
    25+ years working primarily or exclusively with birds
  • http://ww2.justanswer.com/uploads/RY/rydergar/2012-6-6_192240_IMG0328.64x64.JPG Dr. Gary's Avatar

    Dr. Gary

    Cat Veterinarian

    Satisfied Customers:

    3297
    DVM, Emergency Veterinarian, BS (Physiology)
 
 
 

Recent H1B Questions

  • Hi, My H1B petition was approved as of May 2014 for the

    Hi,
    My H1B petition was approved as of May 2014 for the lottery in April 2014. However, I recently just got let go as of July 2nd, 2014 and will be an employee on paper as of August 15th, 2014. Since my H1B doesn't kick in until Oct 1st, 2014, this means that I can't find another employer to keep my status valid right? Can I also use my unemployment of 60 days from my post-undergraduate OPT or STEM Extension?
  • Paystub by new employer did not join them.. now overlap

    It's very important and urgent

    > I was working for Company ABC and got an offer from Company XYZ, got an offer letter with start date of 23Jun14 and my H1b transfer was applied by new company xyz and approved before start date on 6Jun14. But when the start date got near the client said the position was on hold so I did not join them and continued to work with my old company ABC. In the mean time new company XYZ asked me to join them even without a client but I refused since they have a policy if I don't get a client project in 3 weeks I go back to India. > > Anyway, my joining date was postponed to 14Jul14 by HR of new company XYZ ... I said that should be ok but I will only join with Client confirmation. 
    > I receive email on 16Jul14 from NEW company XYZ (immigration dept) that I have to fill their I-9 form within 3 days of joining, but I had not joined (or reported) on 14Jul14 since I had no client confirmation yet... so did not bother replying to immigration dept. 
    > 3 days ago I get my paystub from new Company XYZ and it says pay period from 1JUl14 to 15Jul14 but the billable units (its called G.T.L on paytub) is 2.4 (so very less money).

    > Now I am worried, since on H1B you can't have two paystubs for the same period (although the overlap is small for 2.4 days as per the units on paystub). I haven't done my I-9 at all with new employer. Please advice.

    > Also, I want to know if I have to update something with USCIS or my old company ABC since the H1B transfer was approved with new company XYZ. I have just continued to work for my old company ABC.






  • My Change of Status was denied from F1 to H1 but H1 was approved.

    My Change of Status was denied from F1 to H1 but H1 was approved. I have F1 stamped till November 2014. I have interview at Ottawa Consulate (I am TCN) for H1b. If my H1B is denied and if i still hold valid i20 and previous F1 stamp, can i reenter USA before my F1 stamping expires? I want to complete my program. I just have one more semester left. Is there a possibility of my F1 being revoked while applying for H1. Please advise.
< Last | Next >