H1B questions

[mimi3737]

Hello

My company will apply for a H1B visa this year. I have few questions about this visa:
- if my application is delivered on the April 1st, how long does it take to the immigration to let us that my application went through? If it has been accepted or rejected. I guess it takes few months but i would like to know about how many months

- if my application is rejected, can i give back what was missing in my application and give again my application to the immigration? or should i wait the next year in order to re apply?

- what can makes a H1 application rejected? Is there difficult requirement in order to be eligble? Can you please let me know the requirements for me (the employee) and for my company (the employer). It is the first time they apply for a H1 so i dont know if the company must be eligble too and what the requirement are.

- if my application get approved, can i come in USA before October 1st 2010? Not to work but to visit and get installed? I know that some visa allows to arrive 15 days before the begiining of the visa. I dont know if i can do that with the H1?

- I am eligible for the Visa Waiver Program, so i can go in usa without visa for 3 months (just to visit). But i dont think it is careful to come in usa from July to September, then come back to France and then go back to USA with my H1. At the custom they will see that i have a H1 but they will certainly know that i just spent 3 month into USA. And i know they are difficult with rules. So they might think i ws working during the three months and so they will refuse to let me in into the usa. What do you think?

Thanks a lot for your help and your answers

[shervin143]

Answers below.

Hello

My company will apply for a H1B visa this year. I have few questions about this visa:
- if my application is delivered on the April 1st, how long does it take to the immigration to let us that my application went through? If it has been accepted or rejected. I guess it takes few months but i would like to know about how many months

>>> You would know before October. Usually 2-3 months.


- if my application is rejected, can i give back what was missing in my application and give again my application to the immigration? or should i wait the next year in order to re apply?

>>> You can apply again (new petition) if the CAP remains open.


- what can makes a H1 application rejected? Is there difficult requirement in order to be eligble? Can you please let me know the requirements for me (the employee) and for my company (the employer). It is the first time they apply for a H1 so i dont know if the company must be eligble too and what the requirement are.

>>> Could be a lot of reasons. The candidate might not qualify to get an H1B (specialized skills), maybe because of the company (fraud, complains from the previous employees, issues with Company's W2 (tax).. this could be anything. Google if you want to know more)


- if my application get approved, can i come in USA before October 1st 2010? Not to work but to visit and get installed? I know that some visa allows to arrive 15 days before the begiining of the visa. I dont know if i can do that with the H1?

>>> You can only travel within 10 days from the actual start date ("Valid From" date) on that petition.


- I am eligible for the Visa Waiver Program, so i can go in usa without visa for 3 months (just to visit). But i dont think it is careful to come in usa from July to September, then come back to France and then go back to USA with my H1. At the custom they will see that i have a H1 but they will certainly know that i just spent 3 month into USA. And i know they are difficult with rules. So they might think i ws working during the three months and so they will refuse to let me in into the usa. What do you think?

>>> It depends on the purpose of your trip. You should have genuine answers to the questions that will be asked. If you are just visiting for the right reason, then there is nothing to worry about.

Thanks a lot for your help and your answers

[mimi3737]

Thank you for your answer.
Also i ve already worked more than one year with the company and so i know their product. Do you think that the immigration will consider this like specialized skills? because i know everthing abuout the company stuff which is better than a new ameicain employee who would not know,

I dont really know what they mean by speicalized skills. I am a software engineer and my current position is technical account manager. I have been graduated only 18 months ago. I guess it is not enough to say i have specialized skills

[sk4ih]

It depends on how your employer files petition.
As I see it, you have high chances of approval.
So no need to worry.