Sample interview questions for H-1B visa

The following are some questions you should be prepared to answer irrespective of whether you are going to the consulate for a fresh H-1B visa or an H-1B renewal.  These are suggestive and not all-inclusive.

1)      What does your US Company do?
2)      What will be your job duties in the US Company?
3)      How many employees does the US Company have?
4)      What is the annual turnover of the US Company?
5)      Show US company brochure and photographs, if you have
6)      Where will you be working in the US?
7)      What computer languages do you know? (Information Technology professionals are often asked this question)
8)      What computer languages are you currently using in your company?
9)      How long have you worked with your current employer?
10)  What is your current salary?
11)  Have you ever been in a 'no-job no-salary' kind of situation?
12)  What is your role in the current company?
13)  Which university in the US did you study in? (This is in case you have a degree from the US)
14)  What is your highest degree?
15)  Where will you be staying in the US?
16)  How long do you plan to stay in the US?
17)  Which state do you live in the US? What's your opinion about the state?
18)  Have you paid for your H-1B visa?

Dealing with changes in job location
 
Roving H-1B employees require special attention and analysis. If an employer sends an H-1B worker to a new worksite, not listed on the Labor Condition Application (LCA), the employer must act to maintain compliance with the regulations.  The regulations include a detailed definition of 'place of employment' which governs what an employer must do to maintain LCA compliance.

The definition creates several exceptions that are not considered new places of employment, such as places where an H-1B may travel temporarily for developmental activity or to receive training. If there is no new 'place of employment,' then the employer's LCA obligations remain fixed at the home base.

The first question to ask is whether the roving H-1B employee is going to a new 'place of employment' or 'worksite'. If the answer is 'yes', then the employer must do one of the following: 

~ Re-post (if the new worksite is within the area of intended employment). In this case, the employer must re-post notice of the LCA at the new worksite before the H-1B begins work there;
~ Use the short-term placement rules; or
~ File a new LCA for the new worksite

The regulations define a new type of H-1B employee whose work is 'peripatetic' or roaming in nature in that the normal duties of the occupation require frequent travel. Peripatetic workers may travel constantly, but may not spend more than five days in one place. For such peripatetic workers, a new location is not considered a new 'worksite', and therefore does not require a new LCA.

Similarly, H-1B workers who travel occasionally on a casual short-term basis (not exceeding ten days) to a new location are not considered to have a new worksite with new LCA requirements. Although in these cases, the employer is not required to take one of the three steps above to maintain compliance, the employer is required to pay travel expenses for each day the H-1B is traveling (both weekdays and weekends).

The short-term placement rules permit an H-1B to travel up to 30 or 60 days per year to another 'place of employment'. However, the employer may not use the short-term placement rules in any area of employment for which the employer has a certified LCA for the occupational classification. If the employer has such a certified LCA with an open slot, then the employer must use that and add a copy of that LCA to the employee's public access file. If the employer has a certified LCA, but it doesn't have any open slots, then the employer must file a new LCA. The regulations specifically prohibit employers from continuously rotating H-1B employees to short-term placements in a manner that would defeat the stated purpose of these rules. The rules are designed to give employers flexibility.

H-1 visas issued by US Embassy/Consulates to Indians in India

US Fiscal Year	No. of H-1B issued
2001  2002       2003       2004       2005       2006	46,020 25,247 28,730 37,041 39,521 43,167

Future scenario of H-1B visa

The US Department of Labor predicts 130,000 new information technology jobs each year for the next decade. Yet American colleges are producing only 25,000 graduates in computer science a year, 40 per cent fewer than in the 1980s, and only 20,000 electrical engineering graduates, one-third fewer than a decade ago.

Although many high-tech jobs do not require such degrees, the decline in computer and engineering degrees can only aggravate whatever shortage exists.

Estimates put the number of information technology jobs going unfilled in the United States at more than 350,000, and rising fast. The Department of Labor projects that the demand for computer systems' analysts, engineers, and scientists will double in less than a decade, from 1.5 million to more than 3 million. 

Many of the skilled trades are currently facing a shortage of workers and the number of people needed to fill these jobs is expected to increase dramatically over the next several years. Construction laborers, operating engineers, carpenters, iron workers, cement masons, bricklayers, truck drivers and many other construction related crafts are among the trades expected to see the greatest demand in workers over the next 6 years.

While immigrants are less than 10 per cent of the US population, they comprise 30 per cent of research and development scientists and engineers with PhDs. More than one-third of the engineers in Silicon Valley are foreign born.

Anti-immigrant groups in the US have so far, successfully disallowed reforms proposed by Pro-immigrant lobby consisting of US high-tech industry and several senators and congressmen.  The reforms related to increase in quota for H-1B and decrease on restrictions on H-1B visas.  

Though the Comprehensive Immigration Reform Bill has failed in the US Senate, certain stand-alone issues such as H-1B visa may get attention in future months as hoped by pro-immigrant groups and US business which is keen to ensure competitive edge of American in world economy.

(http://www.rediff.com/getahead/2007/dec/05abr.htm)

H-1B visas: Are you qualified?

Every year the H-1B application filing date opens on April 1. This is the time that US employers can file H-1B applications for foreign workers that they have interviewed and selected to employ.

~ Individuals cannot file their own H-1B visa applications - only the employer company (known as the "sponsor" can file the application.

~ With only a few months left before the start of H-1B filing period, it is important forworkers and students who want to obtain an H-1B visa, to start their H-1B job search as soon as possible.

How do you qualify for the H-1B visa?

The education requirements for the H-1B visa are the equivalency of a US bachelor's degree, or four years of post secondary (college/university level) study.  If you do not have a four year degree or if you have an incomplete degree, you can combine with a post secondary diploma from a government recognised institution or you can use work experience.

USCIS uses the three to one rule. Every three years of progressive work experience in the field is equivalent to one year of post secondary study. For example, three years of university study plus three years of progressive work experience in the field is equivalent to four years of study or a US bachelor's degree.

If you have no post secondary study, you can show 12 years of work experience as equivalent to a US bachelor's degree. Two associates degrees may NOT be combined, but an associates degree (two years and six years of work experience may be combined to be equivalent to a US bachelor's degree).

For the USCIS to accept your work experience you need employer's letters stating your dates of employment, designation and job duties. This must be on the employer's letterhead and signed. You will still have to provide USCIS with verification of the work experience which has to be submitted with the original documents or it will cause a delay in fulfilling your evaluation.

Market your skills

Having identified potential employer/s and/or H-1B solution provider, you must market your skills with effective presentation of yourself through your resume/CV

Employers rely heavily on the resumes they receive to 'screen' for the best potential candidates. Given the choice of two candidates of equal ability, hiring managers will always prefer to interview the one with the most professionally constructed and attractive resume. For this reason, candidates with superb qualifications are often overlooked, and companies end up hiring from a pool of talent made up of those candidates whose experience is represented by powerfully written, visually appealing resumes.

Many aspiring candidates send their resumes to immigration lawyers and visa consultants.  This does not help, as professionals assisting in visa services cannot find a job for you or locate employer for you.  Resumes should be given only to prospective employers and web sites offering services to locate jobs.

Documents required for H-1B visa

Mandatory documents

• Photocopies of the first page, address page and last page of your current Passport.
• One photograph.
• Original DS-156, nonimmigrant visa application form.
• Original DS-157, supplemental nonimmigrant visa application form.
• Original, valid HDFC Bank Visa Fee receipt.
• Copy of Notice of Action (Form I-797).
• For US consulate in Mumbai only: Additional questionnaire.

Supporting documents

• Original Passport
• Interview appointment letter.
   
• Form I-797 - the original Notice of Action.
• Form I-129 and letter from employer that describes your proposed duties.
• Letters verifying your employment history and specific work skills.
• Original degree certificates along with mark sheets. (Secondary school information is not required)
• Relevant diplomas or certificates, e.g. computer certification.

First time applicants are also requested to bring the following items:

• Names and current phone numbers of the personnel managers at the applicant's present and past jobs.
• Photographs of the inside and outside of current or most recent employer's place of business.
• 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 complete resume and cover letter describing current job duties in detail.
• Personal bank records for the last six months.
• US company information: photographs of the inside and outside of the company's offices, prospectus, brochures, and annual report.

The US consulate will not accept documents received directly from the company by mail or fax. All documents should be brought by the applicant to the interview. The consulate will not make this information available to anyone and will destroy the documents after review.

If you are currently working in the US on an H-1B visa, submit your pay slips for the current calendar year and your federal tax returns (IRS Form 1040 and W-2) for all years in which you were employed in the US.

All H-1B applicants are recommended to bring one extra photocopy of any original documents they presented with their application package that they wish to be returned.

Applicable to US Consulate in Mumbai only:

Submit all the documents listed above as 'Mandatory documents' at least 5 days before the interview.
Carry rest of the documents at the interview.

For all other consulates, carry all the documents to the interview. Do not send anything anywhere before the interview.

(http://www.rediff.com/getahead/2007/dec/04abr.htm)

How and when to apply for H-1B visa to the US

There is a misconception many aspiring Indians have that one can apply for an H-1B visa directly and get to the US for a job. 

You cannot apply for an H-1B visa yourself. 

US Immigration law is vague about the definition of the word profession (relevant to H-1B visa) stating only that the meaning includes such occupations as architects, lawyers, physicians, engineers and teachers. Other occupations, not specifically mentioned in the law, but routinely recognised as professional include, accountants, computer systems analysts, physical therapists, chemists, pharmacists, medical technologists, hotel managers and upper-level business managers.

You must hold the educational equivalent to a US bachelor's degree to qualify for an H-1B visa. Also, the job duties must require education equivalent to a US bachelor's degree in the occupation for which you are hired.

If you were not educated in America, United States Citizenship and Immigration Services (USCIS), as part of judging your H-1B eligibility, will often ask for an academic credential evaluation from an approved consulting service to determine the American equivalent of your educational level.

Before sending your academic documents to a Credential Evaluation Service, you may want to telephone in advance to discuss your prospects. Usually, you can get some idea of the likelihood of receiving good results. If your prospects are bleak, you may decide not to order the evaluation and to save the service charges. For details, contact:

Credentials Evaluation Service, AVAP Credential Evaluation Service
International Education Research Foundation Inc
Suite 19, 5053 Ocean Building, P.O. Box 3665
Sarasota, FL 3242

            or

Culver City, California 90231-3665
Tel: (1)-941-346 -1427 or Tel.: 310-258-9451
Fax: (1)- 941- 349-4370 or Fax: 310-342-7086
Email: eval@auap.com or  info@ierf.org

Present

Under the existing law, 65,000 H-1B visas are issued for each fiscal year (October 1 through September 30).  Of these, 6,800 visas are kept exclusively for Chile and Singapore according to a Free Trade Agreement with the US. 

In other words, only 58,200 visas are actually available annually.  The visas are distributed on a first-come, first-served basis. Accompanying relatives of H1-B visa holders are not counted in this total.  

Under the "L-1 Visa and H-1B Visa Reform Act of 2004", effective March 8, 2005, up to 20,000 additional H-1B slots are available to graduates of US masters degree (or higher) programs.

There are some types of jobs that are exempt from the H-1B cap.  Not every H-1B applicant is subject to the cap. Visas will still be available for applicants filing for amendments, extensions, and transfers. The cap also does not apply to applicants filing H-1B visas through institutions of higher education, nonprofit research organisations and government research organisations. Physicians taking jobs under State 30 or federal government agency waivers based on serving underserved communities are exempt from the H-1B cap.

One of the highlights that makes this visa so desirable is that, unlike many other nonimmigrant visa categories, it is a "dual intent" visa. This means that a visa will not be denied simply because an individual has intentions to become a permanent resident.  The applicant does not have to show his liquid and fixed assets as justification to return to India.  The assumption is that if for some reason the permanent residency petition in future is denied, the person would still have the intention to return home.

Thus, assuming the applicant meets all of the statutory requirements for the H-1B visa, the main reason it would be denied is if the consular officer feels there is good reason to believe the applicant will not comply with the terms of the visa or the employer's credentials are in doubt. 

Numerous cases have been reported where fraudulent employers presenting themselves as consultants and promising jobs in the US prepare 'artificial' jobs and attempt to convince Visa Officers through the applicant about 'so called' genuine job.  Such situations have often resulted in application going in for long or unending administrative processing under Section 221(g) and the applicant lose precious time and money in the process. 

Another advantage to the H-1B category is that the employer does not need to demonstrate that there is a shortage of qualified US workers and, consequently, a labor certification process can be avoided. Aside from documenting that the position offered is in a specialty occupation and that the employee has the appropriate credentials for the job, the employer need only verify that the H-1B worker is being paid the prevailing wage for the work being performed and that employment of a foreign worker is not harming conditions for US workers.

Non-graduates may be employed on an H1B visa where they can claim to be 'graduate equivalent' by virtue of twelve or more years' experience in the occupation. Positions that are not 'specialty occupation', or for which the candidate lacks the qualifications/experience for an H-1B visa, may be filled using an H-2B visa. The disadvantage of the H-2B visa is that it requires 'labor certification' - an expensive and time consuming process that involves extensive advertising of the position, and satisfying the authorities that there are no US-workers available to do the job.

New H-1B legislation requires certain employers, called 'H-1B dependent employers' to advertise positions in the USA before petitioning to employ H-1B workers for those positions. H-1B dependent employers are defined as those having more than 15% of their employees in H-1B status (for firms with over 50 employees - small firms are allowed a higher percentage of H1B employees before becoming 'dependent').

Step one for H-1B visa thus is to locate a good genuine employer.  This could be done in various ways.  Explore international placement bureaus, recruitment agents, your own friends/contacts/relatives in the US who could help locate one and the World Wide Web which is the biggest source of information on employers. 

Web sites such as http://www.nostops.org/; http://www.h1bsponsors.com/; http://www.h1base.com/ are some of the web sites where you register yourself by paying certain fees and use their sources to communicate with possible employers in the US by placing your resume.  Nostops.org is an Indian website operated from India and could be a better bet to start with whereas the others would want remittance for registration in US dollars.     

You have to be aware and beware of body shoppers or scamsters who give false hopes, charge advanced hefty fees when there is no guarantee of a job.

Procedure 

The procedure of filing for an H-1B visa petition is a three-step process and this is usually done by the attorney of the visa sponsoring company:

~ Verification and approval of the company by the Dept of Labor to file an H-1B petition on behalf of the candidate. (Qualify to be paying the Prevailing Wage Requirements, that they won't displace any domestic workers, show good faith in hiring practices, etc) 

~ Verification and approval of the candidate by getting the transcripts of the candidate from overseas evaluated as per the minimum standards required to do the particular job for which the H-1B petition is filed. (Educational evaluation based on the applicant's education and work experience, awards, performance letters, etc) - This is done by the World Evaluation Services, which evaluates the foreign degrees as per the US standards.

~ Actual filing of the petition, which includes collecting documentation of both above and including the full non-refundable fees for filing the H-1B petition (which has to be paid in full). The company pays the entire amount of the H-1B petition filing fees upfront to the USCIS to receive grant of an H-1B petition approval for the H-1B aspirant.

Interaction with Customers - Some useful tips

1. Do not write "the same" in an email - it makes little sense to them.
Example - I will try to organize the project artifacts and inform you of
the same when it is done. This is somewhat an Indian construct.
It is better written simply as: I will try to organize the project
artifacts and inform you when that is done

2. Do not write or say, "I have some doubts on this issue"
The term "Doubt" is used in the sense of doubting someone - we use this
term because in Indian languages (such as Tamil), the word for a "doubt"
and a "question" is the same.
The correct usage (for clients) is: I have a few questions on this issue

3. The term "regard" is not used much in American English. They usually
do not say "regarding this issue" or "with regard to this".
Simply use: "about this issue".

4. Do not say "Pardon" when you want someone to repeat what they said.
The word "Pardon" is unusual for them and is somewhat formal.

5. Americans do not understand most of the Indian accent immediately -
They only understand 75% of what we speak and then interpret the rest.
Therefore try not to use shortcut terms such as "Can't" or "Don't". Use
the
expanded "Cannot" or "Do not".

6. Do not use the term "screwed up" liberally. If a situation is not
good, it is better to say, "The situation is messed up". Do not use
words such as "shucks", or "pissed off".

7. As a general matter of form, Indians interrupt each other constantly
in meetings - DO NOT interrupt a client when they are speaking over the
phone, there could be delays - but wait for a short time before
responding.

8. When explaining some complex issue, stop occasionally and ask "Does
that make sense?". This is preferrable than "Do you understand me?"

9. In email communications, use proper punctuation. To explain
something, without breaking your flow, use semicolons, hyphens or
parenthesis.
As an example: You have entered a new bug (the popup not showing up) in
the defect tracking system; we could not reproduce it - although, a
screenshot would help.
Notice that a reference to the actual bug is added in parenthesis so
that the sentence flow is not broken. Break a long sentence using such
punctuation.

10. In American English, a mail is a posted letter. An email is
electronic mail. When you say "I mailed the information to you", it
means you sent an actual letter or package through the postal system.
The correct usage is: "I emailed the information to you"

11. To "prepone" an appointment is an Indian usage. There is no actual
word called prepone.
You can "advance" an appointment.

12. In the term "N-tier Architecture" or "3-tier Architecture", the word
"tier" is NOT pronounced as "Tire". I have seen many people pronounce it
this way.
The correct pronunciation is "tea-yar". The "ti" is pronounced as "tea".

13. The usages "September End", "Month End", "Day End" are not
understood well by Americans. They use these as "End of September", "End
of Month" or "End of Day".

14. Americans have weird conventions for time - when they say the time
is "Quarter Of One", they mean the time is 1:15. Better to ask them the
exact time.

15. Indians commonly use the terms "Today Evening", "Today Night". These
are not correct; "Today" means "This Day" where the Day stands for
Daytime. Therefore "Today Night" is confusing. The correct usages are:
"This Evening", "Tonight". That applies for "Yesterday Night" and
"Yesterday Evening". The correct usages are: "Last Night" and "Last
Evening".

16. When Americans want to know the time, it is usual for them to say,
"Do you have the time?" Which makes no sense to an Indian.

17. There is no word called "Updation". You update somebody. You wait
for updates to happen to the database. Avoid saying "Updation".

18. When you talk with someone for the first time, refer to them as they
refer to you - in America, the first conversation usually starts by
using the first name. Therefore you can use the first name of a client.
Do not say "Sir". Do not call women "Madam".

19. It is usual convention in initial emails (particularly technical) to
expand abbreviations, this way: We are planning to use the Java API for
Registry (JAXR). After mentioning the expanded form once, subsequently
you can use the abbreviation.

20. Make sure you always have a subject in your emails and that the
subject is relevant. Do not use a subject line such as HI.

21. Avoid using "Back". Instead of "Back" Use "ago". Back is the worst
word for American. (For Days use "Ago", for hours use "before")

22. Avoid using "but" instead of "But" Use "However".

23. Avoid using "Yesterday" hereafter use "Last day".

24. Avoid using "Tomorrow" hereafter use "Next day".

Effective Teamwork