US Immigration Questions
Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form. This answer is for information purposes only and does not create an attorney-client relationship.
Emergency H-4 Visa Appointment in India
Authored on:While the success rate isn't very high, she has no choice but to try. [02:57:24]
B-1 as a Backup for F-1 during Grace Period
Authored on:This is "up in the air" and varies by case. Filing for B-1 might "dilute" the F-1 filing, and the regulations could potentially hurt the applicant later. [02:53:59]
Driver’s License Extension with Pending H-4
Authored on:Another option may be available in that state for consideration. [27:46]
OPT Expiration and Salary Criteria Issues
Authored on:If the salary criteria cannot be met, they may need to look at other options like a J-1 visa or finding a different position that fits the wage requirements. [20:43]
Layoffs and H-1B to H-4 Conversion
Authored on:If the H-1B petition is received by the government within the 60-day grace period, the spouse can not only switch back but can start working immediately upon the receipt of the filing. [10:18]
Switching from B-2 to H-4 Status
Authored on:Getting an H-4 visa stamping abroad is much cleaner. Applying for a change of status carries the risk that the government might claim she had "preconceived intent" to stay long-term while entering on a tourist visa. [02:45]
Employer Obligations Upon Termination: The "Home Ticket" Rule
Authored on:Yes. Under federal regulations, if an employer terminates an H-1B employee before the end of their period of authorized stay, the employer is liable for the reasonable costs of return transportation to the worker's last place of foreign residence. This does not apply if the worker resigns voluntarily. If an employer refuses to provide this, the worker may file a complaint with the Department of Labor (DOL) Wage and Hour Division.
Unemployment Days and Gaps During OPT/STEM OPT
Authored on:A one-month gap is perfectly acceptable as long as you do not exceed the total allowable unemployment days. For the initial 12-month OPT, you are allowed 90 days of unemployment. If you transition to the 24-month STEM OPT extension, you receive an additional 60 days, for a total of 150 days over the entire period. Any unused days from the initial OPT period carry over into the STEM extension period.
Status of Derivatives when the Primary Applicant Receives a Green Card
Authored on:You remain in I-485 Pending status. Your status does not automatically convert to a Lawful Permanent Resident (LPR) just because the primary applicant was approved; each individual application must be adjudicated. As long as you have a valid Employment Authorization Document (EAD), you can continue to work legally in the United States. You are no longer in your previous non-immigrant status (like H-4) once you begin relying on the I-485 pending status or the EAD.
Impact of Layoffs on Pending Adjustment of Status (I-485)
Authored on:Under the American Competitiveness in the Twenty-First Century Act (AC21), you can "port" your green card process to a new employer if your I-485 has been pending for 180 days or more and you have an approved I-140. If you are laid off before the 180-day mark, you are in a more precarious position. However, if your employer keeps you on the payroll via severance, your official termination date (the date you no longer have a "bona fide" job offer) is what typically triggers the legal concern. You must find a "same or similar" occupational role to maintain the validity of the underlying green card petition.