Immergent Help: F2--> H1b

[anthem16]

Thanks for giving me suggestions in advance:
My wife is holding F2 visa with me and got her Master of Science degree in UMCP Feb, 2004.
During her OPT from Feb,2004 to Feb 2005, she worked for a Non Profit Organization(eduactional), and now the company wants to hire her, so that her status may change from F2-->H1b. Here is my questions:

1. My wife's passport will expire April 2006, so should she extend passport firstly, or apply H1b directly? Will the expiration date affect the H1b application?

2. As she would work for Non profit organization, the H1b quota is nothing to do with her case, right? Is the application harder/easier than working in normal companies?

3. The Organization has no experiences on that part, then should we ask for help from Lawyer, or we can handle it by ourselves>

4. H1b needs the proof of salary, while Non Profit may have low salary, how could that affect the application of H1b? Plus, she is holding F2, so she can't work until the approval of H1b, right?

5. is there anything that need to take care of particularly, like the title of the job?

thanks a million. I love you all. Bless u

[anthem16]

Pls help.. Please!

[Kulbiker]

Hi hope this helps

Your passport has to be valid for 6 months beyond the date you are going to be applying for the visa. So if it is not they will not give you an appointment for the same. You can do the calculations I presume.


Just because the company is a non-profit organization does not exempt it from a cap. Uniersities are usually profit making organizations but are exempt from the cap because they serve a different purpose. So there is no clear answer to than unless someone has the legal knowledge that such a clear segregation occurs.


Pay 1000$ and get the premium processing done. You can file yourself...but I would advise go through the company....makes it much easier...because they ahve to fill in a Labor Condition certificate certifying her salary, confirming her position, testifying what the current wage rates are etc etc.


When you apply for H1B....technically you cannot be working for that job as you havent been approved by the labor department. So the salary she will be getting has to be filled in by the employer and that has to be more or same as the prevailing wage standards for the similar educated and employed person or else they can reject the application. For example if a teacher gets paid 30,000$/year with a B.S and three years experience....you with he same qualifications cannot be paid less than that. Thats labor exploitation blah blah blah


Title of the job indirectly relates to the wage standard. If you put in the job title wrong....it might come under a different category and the wage standard might change...so yeah you have to be careful. Also some job titles are not recognized by UCSIS.....the list keeps changing and the company immigration official should know that.

[anthem16]

Thank you very much.
As my wife is already in US, does that mean the Passport issue is not a problem? Or she has to renew it before the H1B application?

Thanks a lot for your reply

[veena_swsh]

Hi,
I think your questions have been answered rightly by Kulbiker. I would suggest, take the help of an attorney for the h1B filing. Your wife can renew the passport at Indian Consulate in US. And she also has to file for change of status from F2 to H1B and start working only after the approval of her petition.