Video instructions and help with filling out and completing h1b transfer premium processing
What happens during the h-1b process hi I'm Jim hacking immigration lawyer practicing law throughout the United States at our office right here in st. Louis Missouri we get a lot of questions it's h-1b season an h-1b is the work visa that those with specialized occupations can get to work in the United States it's a temporary non-immigrant visa and it allows a foreign national to work in the United States HM bees are very competitive because there's a loitering we're gonna get into all that in this video we want to explain to you how the process works so that you have a good understanding of what has to happen in order for an h-1b case to be approved remember the h-1b system is designed to protect the American worker so there are a lot of safeguards rules and regulations regarding when a u.s. employer can sponsor a foreign national for an h-1b and we have lots of h-1b videos on our web site on our YouTube channel but we wanted to give you sort of a broad overview to sort of talk about how the whole thing fits together when an employer contacts us and says that they're interested in sponsoring someone for an h-1b one of the very first things we want to do is define the occupation to find what the role is the job description to make sure that it is a specialty occupation especially the occupation is one that sort of set aside for those with college degrees certainly sometimes advanced degrees these are jobs that require a specific degree in a specific field like accounting or law or medicine or computer programming or more specifically software development and when the employee has those qualifications then the employer can sponsor them for an h-1b but you want to get out in front and figure out what's the job title what's the job description is it a specialty occupation and most importantly in that early stage what's the prevailing wage because the employer is going to have to pay the prevailing wage and the way that we figure out the prevailing wages we go on a Department of Labor website they have crunched all the data they have determined what the average or prevailing wages for that region so for instance let's say we have a software developer and pal toque California they're gonna have to pay the employers going to have to pay the prevailing wage what the average salary is at the different wage levels for that occupation in that geographic location so as you might imagine a software developer is going to get paid a lot more in Palo Alto California that's the hub of tech as opposed to Fargo North Dakota so the employer would have to pay a smaller prevailing wage in Fargo North Dakota so you want to make sure that the employer is comfortable with the government salary because sometimes that might end the inquiry right
FAQ
How is your life as a H1-B visa holder?
April 2013,Seattle, WA.Amazon had filed for my initial H1B as soon as I graduated and I was among the lucky folks who got approved in the very first attempt, since it is a lottery system there are never any guarantees so I was thankful to get the hassle over with. I’ve spent the last 6 years on the visa and will probably spend a fair few more before my green card processing is complete.My experience as an H1-B visa holder seems to be almost the opposite of what many answers to this question have described, that was one of the reasons I chose to write about it. I’ve worked at Amazon as an SDE and at Microsoft as a PM, at both these jobs, people have always treated me with love and respect. I have NEVER felt discriminated against even in the slightest, in fact, most people trust you more because you’ve worked harder than many to get to where you are. Even outside of work, people in Seattle have always been very friendly and welcoming, and, most people are interested in hearing your stories and journey from back home.I am able to travel abroad and fly back to India whenever I like, barring a couple of months every three years when I need to get my visa renewed, there is some paperwork involved here that the lawyers completely take care of and my only job in it all is to go get my visa stamped at the consulate. I pay the same taxes as any resident, enjoy all the same rights and privileges (except voting and jury duty) and live the same quality of life as any other regular citizen. When I purchased automobiles and property, banks never hesitated to give me a loan, on the contrary, I was always offered significantly better interest rates because I worked for a “preferred employer”. H1-B visa holders in hubs like Seattle, the Bay Area, New York, Chicago, Boston, Austin, Atlanta, etc. are very respected members of the community, they bring in jobs, they bring in money, they enrich the overall economy.Sure there is some angst in the minds of the old timer locals who were displaced, many who used to live in the quaint and quiet little town by the lake called Seattle 12 years ago despite the large corporations and the people who work there because they were the reason they got displaced from their homes. But this is a relatively small number, the huge influx of H1-B workers in the above hubs has created so many jobs in the service and property markets that most people are thrilled by your existence and value you.How is your life as an H1-B visa holder?I work a job that I absolutely love with some of the most brilliant people in the world as co-workers and mentors, the learning opportunities are beyond anything I could ever have hoped for.I earn more money than I know how to spend which gives me the opportunity to invest and save for my future and any unforeseeable circumstances that might arise.I feel extremely safe in my city, I’m treated with so much love and respect everywhere I go and I have the opportunity to interact with people from all over the world in this diverse cultural melting pot.I pay my taxes and enjoy my privileges as a resident, the infrastructure is spectacular, the local and federal governing bodies take care of everything I need and care about right from roads, water, electricity, internet, parks, hiking trails, forests and about a dozen other things.I have a circle of friends and family in my city who I share my journey with, we ride the highs and the lows together and have grown bonds that tie us together through the good times and the bad. Sure I miss my friends and family back home in India, but never once have I felt lonely or isolated, never have I felt like a stranger in a strange land.I am HAPPY. Yes there is a little element of uncertainty that comes with changing governments, yes there is some extra paperwork I need to do every three years, yes there is the possibility that I might someday be asked to pack up and leave, but those are things that are beyond my control so I see no point in complaining about them, they are the tradeoff, the tax you pay as an H1-B visa holder for all the privileges that it offers you.The climb to the summit is always one step at a time, might as well enjoy the steps.Note: I will write separate answers about the procedure to get your first H1B as well as renewals, RFEs and what they mean, the various pros and cons of being on H1B, etc. since clearly many people are interested in this information.In case we haven’t met before, I’m Rohan Kamath.Thank you for reading. I hope I could help you ponder today. :)
How long does it take to get a receipt if I have filed a H1B transfer in premium processing?
Premium Processing has been suspended (USCIS Temporarily Suspends Premium Processing for Extension of Stay H-1B Petitions) for most H-1B petitions with an extension of status request. Generally, you can rely on USCIS having received a petition if you follow the FedEx tracking, but the receipt notice is the only real “proof” that the petition has been received. It usually takes about 1 week to get the receipt notice. If the petition was filed by Premium Processing and it was accepted, your employer or attorney may have already received an email from the service center by now.
When is the premium processing for H1B transfers coming back?
UPDATE (9/18/2017):U.S. Citizenship and Immigration Services (USCIS) resumed premium processing today for all H-1B visa petitions subject to the Fiscal Year (FY) 2018 cap. The FY 2018 cap has been set at 65,000 visas. Premium processing has also resumed for the annual 20,000 additional petitions that are set aside to hire workers with a U.S. master’s degree or higher educational degree.H-1B visas provide skilled workers for a wide range of specialty occupations, including information technology, academic research, and accounting. When a petitioner requests the agency’s premium processing service, USCIS guarantees a 15-day processing time. If the 15- calendar day processing time is not met, the agency will refund the petitioner’s premium processing service fee and continue with expedited processing of the application. This service is only available for pending petitions, not new submissions, since USCIS received enough petitions in April to meet the FY 2018 cap.In addition to today’s resumption of premium processing for H-1B via petitions subject to the FY 2018 cap, USCIS previously resumed premium processing H-1B petitions filed on behalf of physicians under the Conrad 30 waiver program, as well as interested government agency waivers and for certain H-1B petitions that are not subject to the cap. Premium processing remains temporarily suspended for all other H-1B petitions, such as extensions of stay.USCIS plans to resume premium processing for all other remaining H‑1B petitions not subject to the FY 2018 cap, as agency workloads permit. However, remaining petitioners may submit a request to expedite their application if they meet the specific agency criteria. USCIS reviews all expedite requests on a case-by-case basis, and requests are granted at the discretion of the office leadership.USCIS will release future announcements when we begin accepting premium processing for other H-1B petitions, not subject to the FY 2018 cap.ORIGINAL ANSWER:Initially USCIS said that the suspension “may last up to 6 months,” meaning in theory it should return in October. However, USCIS has not provided any updates so it remains unclear. In June and July H-1B Premium Processing was returned in a select few cases.Release Date:July 24, 2017WASHINGTON — U.S. Citizenship and Immigration Services (USCIS) will resume premium processing for certain cap-exempt H-1B petitions effective immediately. The H-1B visa has an annual cap of 65,000 visas each fiscal year. Additionally, there is an annual “master’s cap” of 20,000 petitions filed for beneficiaries with a U.S. master’s degree or higher.Premium processing will resume for petitions that may be exempt from the cap if the H-1B petitioner is:* An institution of higher education,* A nonprofit related to or affiliated with an institution of higher education, or* A nonprofit research or governmental research organization.Premium processing will also resume for petitions that may also be exempt if the beneficiary will be employed at a qualifying cap-exempt institution, organization or entity.USCIS previously announced that premium processing resumed on June 26 for H-1B petitions filed on behalf of physicians under the Conrad 30 waiver program as well as interested government agency waivers.
How are companies dealing with H1B transfer as premium processing is suspended?
The h1b processing time through normal mode has come down recently.I know few people who switched jobs in h1b through normal processsing, after the premium processing is suspended. Process is same as before april. It took around 40 days for their h1b approval. This is really quick as against historical normal processing duration. But they did not quit the current job before getting the approval for new job. So companies can still file for h1b transfers, but whether the employee should be joining before or after the approval is upto the employer and employee.
H-1B Visa Reform: What is the timeline for obtaining H1B under premium processing?
USCIS is required to adjudicate the H1B application within 15 days of receiving the premium processing request. Your employer should get an email notifying him or her that the request was received and also an email letting him or her know whether there is a Request for Evidence on the application, and also whether it has ultimately been approved or denied.
How much time does USCIS take to mail the receipt for an H1B visa transfer after the ban on premium processing?
My H1B transfer process was done in June 2017 and took ~1.5 months.LCA: 2 weeksReceipt: 7 days from the moment USCIS received my application until the receipt got to my employer’s office.The rest of the days were for gathering supporting documents.
How long does it take for an H1B transfer with the premium processing cancelled?
Quite awhile unfortunately. 4–6 months or more. You can check processing times here: USCIS Processing Time InformationFor the California Service Center, it looks like they’re processing cases that were filed in August 2, 2016. Vermont Service Center, it looks like they’re processing cases that were filed in July 18, 2016. So cases almost filed a year ago! However, they can catch up now that premium processing has been suspended for the H-1Bs.*I am not an attorney. Please do not misconstrue the above as legal advice.*
How long is it taking now to get the H1B transfer receipt after applying for a visa transfer, when premium processing is off? I am in central Vermont?
H1b visa transfer actually has 2 steps:Getting a LCA and then applying for transfer.LCA approval takes around 7 working days.Once the LCA is approved, your attorney will send docs to USCIS.Technically once your docs are reached to USCIS, you can start working for new employer. The receipt is sent back by USCIS to attorney within 2 weeks. This 2 week time is based on my own experience and few of my friends who applied for transfer in past 3 months. Hope this helps.