Importance of Maintaining a Valid Status while Filing Cap Subject H-1B Visa

By Keshab Raj Seadie, Esq.

As a prospective Cap Subject H-1B Visa Employee, you shall gather all relevant documentation whether you are filing to change your current non-immigrant status to H-1B or going for H-1B visa interview overseas. If you are opting for the change of status, you have an obligation to prove legal status throughout your U.S. stay. Normally, we require the following documentation to file the Cap Subject H-1B visa from the applicant:

• Your home address in the U.S.
• Your home address abroad
• Your social security number
• Copies of your three most recent paystubs
• Copy of the biographic (photo) page of your passport
• Copy of the front and back of your most recent I-94 card
• Copies of all U.S. visa stamps in your passport
• Copies of the entry stamp in your passport for your first entry into the U.S. in H-1B or L-1 status
• Copies of all of your I-797 H-1B or L-1 approval notices ever issued
• Copies of all of your previous U.S. visa stamps, I-797 approval notices, and other documentation related to all nonimmigrant status previously held in the U.S.
• Copies of your prior F-1 visa stamp(s), all I-20s issued in connection with F-1 status, and EAD card issued in connection with OPT
• Copies of your prior J-1 visa stamp(s) and all DS-2019s (or IAP-66s) issued in connection with that status, and I-601 waiver of two year residence requirement (if applicable)
• Copies of all U.S. visa stamps (B1/B2, H-4, L-1, L-2, etc.) you have ever been issued
• Copy of the diploma and transcripts/marksheets for all of your post-secondary degrees and a copy of your educational credential evaluation from previous H-1B petitions (if available)
• Copies of work experience letters showing at least ___ years of work experience (letters must appear on company letterhead, be signed by an authorized official of the company, and list your job title, dates of employment, number of hours per week (or indicate full-time), and include a description of job duties)
• Copies of the PERM application filed on your behalf and/or the I-140 receipt or approval notice for any immigrant petitions filed on your behalf
• Copy of your up-to-date resume (street resume, not project-based resume)

Additionally, please confirm whether you have a dependent spouse or children who will require H-4 nonimmigrant status.

Please note that your prospective or current employer also has an obligation to offer you a professional job requiring at least a bachelor's degree or its equivalent in the offered position at a prevailing wage set by the department of labor. To obtain an H-1B approval 2 things are very critical: 1) Employer has sufficient specialty occupation related work at the company or the client site 2) You do have a relevant degree in the offered position. So long as you meet the foregoing 2 critical elements and have found an H-1B visa experienced lawyer, you will be successful in getting the H-1B approval! Good luck!