An H-1B petition can be approved based on job qualifications, pay, and credentials while simultaneously denying the change of status request, leaving the applicant with an approval notice that cannot be used until they depart the US, obtain an H-1B visa stamp, and return; this creates significant challenges including the $100,000 fee burden and long consular wait times, particularly for applicants from India, which can effectively block the employment opportunity.
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A Clean H-1B Approval You Cannot Actually Use #shortsAdded:
Now, the really tricky part here is that your petition can be 100% approvable based on the offered job. The pay is fine. Nothing weird about your credentials. You qualify. Everybody agrees. The H-1B job and the H-1B worker are perfectly suitable. But, if there's anything about your maintenance of status since you last entered the US, that can trigger a petition approval with a denial of your request to change your status. That leaves you with an approval notice that you can't use until you depart the US, get an H-1B visa, and come back in. Now, the big risk there is we're still dealing with this $100,000 fee. Very tricky to get real information about how many companies are actually getting asked to pay this, and how many are actually paying it. Um is it going to go away in September? I hope. We'll see.
Um but, obviously, it's extremely chilling for an employer to get told, "Oh, you have to pay a $100,000 fee for this H-1B worker." It's just not something that's viable. Like, most businesses just absolutely won't even consider it. Um and the other big problem for a lot of people, particularly people from India, is that if you have to leave the US to get an H-1B visa, you're not going to be able to get that appointment in a hurry. Uh you're going to wait a long time, and it could well be longer than your employer's willing to wait. Um so, that's another way a lot of these H-1B positions could really be stymied right out of the
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