- Documents to be sent by U.S Employer.
I – 797 à The original Notice of Approval
I – 129 à The Complete I – 129 petition submitted Employer including Labour Condition Application.
L C A (Labour Certification Approval)
Appointment Letter by Employer
a. Copy of the complete petition filed with INS.
Copy of letter to the Dept of Justice
Copy of letter to the Consular Journal of Indian Consulate.
Copy of Official Evaluation Of Degrees
Letter From Petitioning Employer Confirming Employers intent to hire the Applicant.
Short description of job Duties with Sponsoring US Company
a. If at Client place - Client invitation letter, Technical description of the project Document, Itenary of services (3 Years Dates), client photos and client & employer agreement, Contract of end client and client,Notarised from client, Role and Responsibilities, If its Third party names and contact information for that party and client.
b. If it is Inhouse Project - Market Reasearch of the product,Employer Marketing Analysis Document, Technical description of the project Document, Itenary of services (3 Years Dates), Cost of the Project, Modules, Time Line, Current Phase/Status of Project, Applicant Role and Responsibilities, List of petetioners Active Projects, Product Broucher, If possible live demo of prototype, Purchase Order.
US company Information : Photographs of Inside and Outside of Companys Offices, Prospectus, Brouchers, Annual reports, Tax returns papers 3 years, Year Company was Established, Current Number of Employees in US Company, Companies gross Annual Income, Employer support letter, Some Information about the Nature of the employers Business, Building Lease agreement Document, w2 forms.
Copy of interview appointment letter which you get at the time of setting appointment with VFS.
Including Full Details Of why it is a “Speciality” Occupation.
If the visa applicant is the sole employee of the company in the United States, the latest copy of the company's FICA and IRS forms must be submitted along with the applicant's letter of explanation. Make certain that you include the company's fax number.
A comprehensive letter from the applicant's employer addressed to the Visa Office, Department of State explaining the need for the visa. The covering letter must identify the applicant, describe in detail the nature and function of the applicant's position and also contain information on the nature of the employer's business. The letter must be written on the letterhead of the current employer and signed by a representative of the company. The Visa Office will not accept letters signed by the visa applicant.
Beyond the applicant's intended.
If occupation requires licensure in the US, copy of current US License or Temperory License.
Documents by Current Employer & Past Employers.
Original appointment letters from all your employers and relieving/experience letters from your previous employer
Names and Current Phone Numbers of Personnel managers from Present & Past Employer.
Photographs of the inside and outside of your current or most recent place of work.
Names and Contact Info of 2 Co-workers from Present & Past Employer.
Company Profile, Brouchere, Annual Reports of Present & Past Employers.
Number of Employees (Present & Past).
Year Company was Established (Present & Past).
Latest Pay slips from Recent place of Employment.
Company’s Gross Annual Income (Present & Past), Financial Statement.
Your identity card and business / visiting card of your current employer.
Documents, which prove your work, experience.
Required Documets from Applicant.
All Educational Certificates (Original & 1 Copy)
All Transcripts (Originals and 1 Copy).
Last Six Months Bank Statements.
Income tax returns and Form 16.
Clear Copy Of Passport (All Pages Including Blank, Front And Back Covers)
Complete CV and Cover Letter describing Current job Duties in Detail.
3 Passport Size Color Photos. (37X37mm)
Additional Supporting Certifications (Original & 1 Copy)
Completed non immigration visa application form DS-156, DS-157, Interview Letter, Bank DD’s
Application visa fee original receipt issued by HDFC bank.( If you are applying in India)
Dos and Don’t at the time of the Visa Interviews
· Dress properly for the Visa interview
· Answer all questions confidently
· Read your entire visa documentation before you go for the interview
· Get all information about the organization which applied for your work permit. Get the names of the key officers in the organization
· Get to understand clearly the areas of work of your prospective employer and be prepared to explain how your skills are relevant to the requirements of the employer
· Find out which medical plans are offered by your employers
· If asked about your place of work, please repeat faithfully what is said in your h1 petition
· Donot volunteer information or keep on talking. Answer only to the point.
· Please donot say anything about green card or anything to the effect that you would want to be in the USA permanently.
· Go sufficiently early for the interview to avoid the queues
NOTE:
v Please also understand that the US Consulate tries to find out whether your employer is bodyshopper or a general development company.
v Please also ask you employer to submit brochures/ documents to show that they are a development company in US and they need you to do development work on site.
v The Consulate will not accept documents received directly from the company; applicants must bring their own documents. If you are the beneficiary of a Blanket L petition, you must submit 3 additional copies of the I-797 and the I-129 forms with your application.
WHY FAILURE
1. Failure To Carry Adequate Documents For Stamping: A large number of visas are rejected on account of the candidates’ ignorance of the accompanying documents he/she needs to carry for stamping the H-1B visa. A list of the important documents are:
· Completed visa application form available at the US Embassy or Consulate.
· Passport valid for travel to the United States and with a validity date at least six months.
· Beyond the applicant's intended.
· One colored photograph 1 and 1/2 inches square (37 x 37mm).
· Original H1 visa approval, Form I-797.
· Copy of the complete petition filed with INS.
· Degree certificates issued by the Universities.
· Original appointment letters from all your employers and relieving/experience letters from your previous employer.
· Last salary slip. Income tax returns and Form 16. Your identity card and business / visiting card of your current employer. Documents, which prove your work, experience.
· Technical description of the project, market analysis, itinerary of services
Many candidates fail to carry the last pay slip, identity card or the appointment letter. The Consulate does not operate on trust and needs tangible documents to establish proof of identity and authenticity of information. (See Stamping Requirements) A failure to carry these documents could send a wrong signal to the Consular officer that you have something to hide.
2. Failure To Review Documents: Before stepping into the Consulate office, step into the Consular officer’s shoes and thoroughly review documents to be presented as evidence of proof of identity. Consider this: Parvati M lost her chance of getting a visa because her name was spelt as Parvathi M on two vital documents. Although this particular reason for rejection could be termed an aberration rather than the rule, a large number of visas are rejected on account of errors which appear minor to the candidate but are not necessarily so in the eyes of the Consulate.
3. Qualification Failure: The H-1B visa is available only to professionals who are engaged in specialty occupation. The INS defines the term professional as: a) you do work that requires a Bachelor’s degree in a specific field and b) you have a degree which is the equivalent of an American university degree. If you do not possess a degree in your field you should have a minimum of three-year work experience. If you do not possess the requisite educational qualification or work experience, the Consulate has the right to disqualify your petition.
4. Failure To Answer Questions Briefly: Section 214(b) of the Immigration and Nationality Act states: "Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for admission, that he is entitled to a nonimmigrant status." This means that before your visa is approved, you must prove to the Consulate that you will return to your country. Most candidates fail to realise that the law places the burden of proof on the candidate and fail to answer questions on future plans correctly.On a number of occasions, the US Consulate rejects visas because candidates do not answer questions posed by officer succinctly and accurately. The most common question asked by the Consular officer is: "Do you intend to permanently immigrate to the US? Your answer should be a clear and unhesitant No. Beware of questions such as: "What if the employer sponsors your green card or has the employer applied for your green card’ must be answered in the negative. Answers such as "I will think about it then" or "if circumstances change I may become a resident" will result in immediate rejection of the your visa application because it indicates that you are thinking of using the H-1B route to permanently immigrate to the US. Even if you are not averse to applying for a green card later, please do not confide in the Consular officer.Many applicants lose their visa because they literally "think" too much. The innocuous sounding phrase "I think" has cost more visas than any other phrase. The US Consulate is not against the reasoning faculty but does not want the candidates to think that the company is in Provo-Utah. The phrase I think does not prove your mental agility but reveals that you are uncertain and unsure of the answer.
5. Failure To Gather Adequate Information About Sponsor: The Consulate will check on your sponsor to ensure it is not being duped. The Consulate expects the candidate to have basic information about the company, which has applied for the visa. Many visa applicants look blankly at the Consular officer on being asked: How many branch offices does the company have in the US, in which US State does the company have its head quarters, who is the Director of the company, how many employees does the company employ? Answer these questions accurately.
6. Do Not Badmouth The Company: Do not badmouth the employer and confide in the Consular officer that you are dissatisfied with the salary or the medical package or that you have entered into some kind of private agreement with your employer. The only corrective action the Consulate will take is to cancel the application.
7. Failure To Understand The Salary Package: The Consular officer may question you on the last salary you were drawing. Many candidates fail to understand the salary package correctly. Your salary does not merely include the take home pay but also benefits such as PF, medical allowance etc. The Consular officer will perceive your ignorance as misrepresentation of facts and deny the visa.
8. The Multiple H-1B Visa Factor: Often, IT professionals forget that negotiating for the H-1B visa with various companies is not the same as simultaneously negotiating for a job with various companies in India. If two or more companies file for H-1B papers at the same time on your behalf, and you conceal this information from the Consulate; you could be permanently debarred from entering the US. The INS maintains computerised records of all applications. A simple check would reveal that you have forwarded incorrect information and attempted to defraud the Consulate by misrepresenting your case.
9. Company's Sins Of Omission And Commission: The INS wants concrete proof that the sponsor has the financial muscle to pay worker’s salaries. If a particular H-1B candidate’s sponsor has committed the following sins of omission and commission, the visa petition will be rejected:
· The company has defaulted on tax payments.
· The company does not have an IRS number.
· The company is a start-up and does not have a single year’s balance sheet to prove its Financial muscle to pay workers. There is no minimum business volume or number of US employees required by law, but the sponsor must be able to prove that he can support the petition. If you are being sponsored by a start-up, the company must show contracts or letters regarding future business to be contracted by the candidate.
SOME H1B Querys
v A detailed description of the petitioners needs for this position and how benificiary worker intends to address him. Technical specification, timeline, current status, no. of emplyees, worksite location, market analysis document
v A list of all petitioner's active projects. Identify the client and point of contact with the client, including a phone number and email address for that person. If the contract with the client is held by a third party, provide names and contact information for that party as well.
v A signed letter from the beneficiary's prospective supervisor at the end client location to which he/she will be assigned, stating the client's intention to make use of the beneficiary's services and explaining the nature and duration of the project to which he/she will assigned.
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v A list of all of the petitioner's active projects. Identify the client and point of contact with the client including a phone number and e-mail address for that person. If the contract with the client is held by a third party, provide names and contact information for that party as well. Do not send a batch of contracts in lieu of this documentary requirement.
v A detailed and specific description of the internal development project to which the beneficiary will be assigned include the complete technical description of the project, timeline, current status, number of employees assigned to it, location of the worksite and a marketing analysis for the final product.
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v A detailed description of the petitioners needs for this position and how benificiary worker intends to address him.
v A list of all petitioner's active projects. Identify the client and point of contact with the client, including a phone number and email address for that person. If the contract with the client is held by a third party, provide names and contact information for that party as well.
v A signed letter from the beneficiary's prospective supervisor at the end client location to which he/she will be assigned, stating the client's intention to make use of the beneficiary's services and explaining the nature and duration of the project to which he/she will assigned.
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v A detailed and specific description of the internal development project to which the beneficiary will be assigned. Include a complete technical description of the project, timeline, current status,number of employees assigned to it, location of the worksite, and a marketing analysis for the final product.
v A complete itinerary of services or engagements specifying the dates of each service or engagement, the names and addresses of agent, the names and addresses of the actual employers, and the names and addresses of the establishment, venues, or locations where the services will be performed
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v A signed letter from the beneficiary's prospective supervisor at the end client location to which he/she will be assigned, stating the client's intention to make use of the beneficiary's services and explaining the nature and duration of the project to which he/she will be assigned. A detailed and specific description of the internal development project to which the beneficiary will be assigned. Include a complete technical description of the project, timeline, current status, number of employees assigned to it, location of the worksite, and a marketing analysis for the final product.
v 2. A complete itinerary of services or engagements specifying the dates of each service or engagement, the names and addresses of agent, the names and addresses of the actual employers, and the names and addresses of the establishment, venues, or locations where the services will be performed.
Preparation
· I got a letter from client, which stated their need for requiring good no. of resources from my employer for their oracle based ERP application project.
· For item 2 :My employer just wrote a letter saying that we wish to utilize beneficiary for entire length of H1B, and can't exactly provide the dates of engagement and services.The petitioner confirms that beneficiary shall remain the employer at all times and shall be paying the applicant’s salary in terms of the LCA filed along with the petition.
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Main Check List
1)A list of all of the petitioner's active projects. Identify the client and point of contact with the client, including a phone number and email address for that person. If the contract with the client is held by third party, provide names and contact information for that party as well. Do not send a batch of contracts in lieu of this documentary requirement.
2)A signed letter from the beneficiary's prospective supervisor at the end client location to which he/she will be assigned, stating the client's intention to make use of the beneficiary's services and explaining the nature and duration of the project to which he/she will be assigned.
3) A detailed and specific description of the internal development project to which the beneficiary will be assigned. Include a complete technical description of the project, timeline, current status, number of employees assigned to it, location of the worksite, and a marketing analysis for the final product.
4) A complete itinerary of services or engagements specifying the dates of each service or engagement, the names and addresses of agent, the names and addresses of the actual employers, and the names and addresses of the establishment, venues, or locations where the services will be performed.
Documents needed in this Order:-
Interview appointment letter
HDFC receipt given for booking visa appointment.(4600Rs + 276 Rs) (If its thru VFS).
A DD from national or international bank in favour of American consulate General, Chennai for Rs 2300.
DS-156 (A 50mm by 50mm size photo of yours stuck and form should be signed at the back.)
DS-157
I-797, H1B Approval notice (Notice of Action) issued by Immigration and naturalization service.
I-129 form, petition for a nonimmigrant worker.
H1B Data collection and filing fee exemption supplement.
Labor condition application for H1B nonimmigrants (Issued by US department of Labor)
A letter from your company to US Consulate requesting for issuing a H1B visa to you.
Offer letter & employment agreement from your company.
Financial documents of your company (Record of federal tax liability) for atleast 6 months and (Statement of account)
Company profile
Details of the project (Timelines, phases and activities, tentative schedule and technology used in each phase), Its better if you show that project is atleast 1 yr.
Current status of the project
Number of people assigned to the project (Title, experience, # of resources)
i. Eg:- Manager, 8 yrs, 1
ii. Programmers, 4yrs, 6
iii. Testers, 3yrs, 2 etc etc
Location Information of the work site.
Client and contact information.
If you are mentioning inhouse product, then above details would be your companies address itself.
If you are mentioning clients, then client contract with your company is needed.
Description(Role played by you in this project, technical skills, experience) and responsibilities of benificiery worker(Youself) in this project.
Complete product description prepared by your company incase of inhouse project.
Market analysis is also required in case of inhouse product.
Atleast 15 photos of your company covering both inside and outside. (Ask your employer to take photos on some holiday when people are not working, but it should cover whole office).
Degree certificates along with marks sheets till 10th class and one set of xerox copy.
Any other certificates like computer courses, certifications etc.
Offer letters and Experience certificates from your previous employers.
Please pin all the above documents saperately and place them in the same order as mentioned above in your folder so that you wont get confused when asked for some document.
SOME ONE CHECK LIST
Passport
Experience Letters of previous employers
Personal Manager Contact numbers of all Organization
Latest Resume
Present company Color Xerox of ID card
Educational Certificates including Mark sheet
3 Months Payslips
6 months Bank Statements where salary is credited
4 photos ( 50mm X 50mm size)
Web appointment Printout
I-797 -- the original notice of approval
I-129 petition / Labor Condition Application
US Company Offer letter
US company information: photographs of the inside and outside of the company's offices (provided by the employer), prospectus, brochures, and annual report , Web Pages
Names and contact information of two co-workers from your current or most recent place of employment
Names and contact information of two co-workers from past jobs
A fully completed and signed Visa Application Form - DS-156
Supplemental Application Form DS-157
Tax returns for last three years
I-94
PAN Card
Latest Utility Bills
Company Client List & Details
TTS Service Charge DD - 441
Visa Application Fees - 4400
Visa Issuance Fees - 2200
Address in US -Where u will stay
Evaluation of Academic Credentials
I907 (Premium Processing)
G28 (Notice of Entry of appearance as attorney or representative)
Copy of the Letter from the Attorney stating the Filing Fees Details, that was submitted to the INS.
Employers Recommendation Letter to the Consulate
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I had also prepared a Question bank which I think will be useful for anyone going for an interview. Here is the list of question for which I had prepared for:
What does your U.S. company do?
How many employees does the U.S. company have?
What is the annual turnover of the U.S. company?
Where will you be working in the U.S.?
name of the person who interviewed you
CEO name?
How many clients the company has?
Name of the Client?
What does the client do?
Location of Client?
Turn Over?
Consultant: Name of the consultant
Consultant: Employer Name / Contact person
Consultant: Location
Consultant: Year of Establishment ?
Consultant: Gross Annual Income ?
Consultant: Current no. of Employees -
Consultant: Has the consultant filed any H1b before ?
Consultant: Who are the other clients ?
How log you are associated with this employer?
Where is the company in US?
When was company established?
Is your company a contracting company?
How many H1B your employer is going to feel for the next 12 months?
Do your employer have a website?
Who owns the company?
Is this a Software Consulting firm?
What will be your job duties in the U.S. company?
where will you work in Clients place or in HQ
No of resources in the project / Team size
Non-IT background - how to convince
Can I see you offer letter (with current employer)
What is your highest degree?
When did you finish your graduation?
Can you prove to me that you were on a good status as a student?
Why do you want to go to US?
Why do you want to leave your current job
Have you ever traveled to US?
Have you ever traveled to any other country?
Are you married?
Are u planning to settle in U.S? If not, then why are you going to US?
When are you planning to leave for US?
How long have you worked with your current employer?
Area of expertise of the company which is processed for you?
What computer languages do you know? (Information Technology professionals are often asked this question)
What is your role in the current company?
Name of the Project & Description.
What Technology
What will be your role and responsibilities in the project?
Month of Interview - Salary - Other benifits - Job Title -
Is this a full time job ?
What other Companies you have worked till date? What roles you played.
What makes you the best fit for this position at this US company?
What is the duration of your Project?
What computer languages are you currently using for your company?
How long do you plan to stay in the U.S.?
Which state do you live in the U.S.? What’s your opinion about the state?
Why do you need H1b visa?
Saturday, September 13, 2008
US H1B REQUIRED DOCUMENTS
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