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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.

Volunteering on a non-profit board committee while on H-1B or H-4 visa: Implications for visa stamping and green card process

6 days ago By Chief Editor
Question details

Can a person on H-1B or H-4 visa be on the Board committee (Vice President) for the US based non-profit religious organization without pay (volunteer) ? Would it create any issue on visa stamping or GC process?

ANSWER
FAQ Transcript

You can work if the company is non-profit. There is no issue as long as you do not get paid in any way. If it is a for-profit company you could have a problem unless they tailor make the program according to the principles of labor laws.

Filing H-4 and H-1 simultaneously || Status of F-1 once H-4 is approved || Most efficient way to get EAD F-1 or H-4?

6 days ago By Chief Editor
Question details

My case in brief:

I am currently of F1 OPT (STEM), valid until 15th June 2023.

My company will be filing for H1B this March.

However, I am wondering if I should be filing for an H4 visa simultaneously.

Could you tell me how long it takes for an H4 visa and an h4 EAD to process?

If I file for an H4 visa in February, would I lose my f1 visa as soon as the h4 visa is approved?

Is there any new policy where I can get h4EAD sooner? And moved my F1 EAD to h4 EAD without any employment gap?

Should I wait for the h1b result before applying for an h4 visa?

What is the best scenario to switch from F1 OPT EAD to h4 EAD, without/minimum employment gap?

 

ANSWER
FAQ Transcript

If you have been selected in the lottery, you will get a cap gap extension.  If you do not get selected in the lottery, then obviously you have to go to H-4, you have plenty of time to figure that out. As soon as the change of status is approved, you lose your F-1.  Premiuming through your husband would be great if that works for you.

NIW: Porting priority date

1 week ago By Rajiv S. Khanna
Question details

Hello, Let me start with my question: Is it possible to port priority date from an existing employer sponsored EB2 petition to a new EB2 NIW petition ? I am an Indian citizen with a masters degree in Electrical Engineering from Univ. of Maryland College Park. I have a pending EB2 petition (approved I140) through my employer but am also exploring a self petitioned EB2 NIW application in parallel. I would like to understand if the earlier priority date from my employer sponsored petition can be ported to the NIW petition, if approved. Please advise. Thank You Mathew

ANSWER

Yes. You can port the PD.

H-4 visa dependent children change of status to F-1 before 21

1 week ago By Chief Editor
Question details

My daughter was born in Canada and is on my H-1 visa as an H-4 dependent. She is currently studying 2nd year of her Bachelor's degree and will turn 21 in July/2024. I have a couple of questions, and they are
1. By what date/age she needs to change her status from H-4 to F-1?
2. Once on F-1 status, are there a minimum number of months/semesters/years she has to complete before being eligible for a CPT or OPT?
 

ANSWER
FAQ Transcript
  1. She needs to file for a change of status before she turns 21.
  1.  I believe it is two full semesters one academic year, double check that with the DSO.

 

Can H-4 EAD start a Business in any State? Can a relative's company file H-1B?

1 week ago By Chief Editor
Question details

Can an H4 EAD holder start a business in any state, or do they have to be in the same state as the primary applicant's H-1B?

Another question is can a relative's LLC file for H-1B if they have a need and it aligns with my MS coursework?

 

ANSWER
FAQ Transcript

It can be done, but H-1B is not complicated that's absolutely straightforward.

Can H-4 visa (no EAD) holders take an unpaid internship?

1 week ago By Chief Editor
Question details

I am an LLM student on H4 (no EAD). My college offers paid and unpaid supervised externships (optional classes) for 2/3 credits as part of our course. Can I participate and work in an unpaid supervised externship on H4 without EAD?

ANSWER
FAQ Transcript

Sure. I don't see any problem for you, the employer should watch out for themselves.

 

FAQ: Multiple companies applying for H-1B Cap registration - H-1B lottery

1 week ago By Chief Editor
Question details

I am an international student currently of F-1 visa status and will be graduating in May-23. I have the below questions:

1. Can multiple companies / employers apply for H1-B on my behalf in this upcoming H1-B cap pool?

2. If yes, is there a possibility that the employers might get to know about this?

3. Should my name in the passport and birth certificate match exactly? My birth certificate has an abbreviation my last name but my passport has my complete last name.

 

ANSWER
FAQ Transcript

When there is no connection between two companies, and they are not colluding to help somebody get an H-1B visa or increase their chances of getting selected in the H1B lottery, multiple companies can file. Interestingly, even different units within the same bigger company could file if they have a genuine need and not face any issues.

Criteria for national interest waiver || NIW for physical therapists

1 week ago By Chief Editor
Question details

I am on H-1B working in the IT industry. My wife has H4 EAD, and with the same status, she is working in the hospital as a Physical Therapist.

1. Can her employer file for GC while she is on H4 EAD status?

2. If she is eligible for NIW, could you please let me know if the PWD and PERM are both required if her employer file for GC?

3. Can she use my priority date to file an adjustment of status?

 

ANSWER
FAQ Transcript

1. Absolutely 

2. I doubt it.

3. No she cannot. That is one thing husband and wife cannot transfer to each other their priority date.

 

H-1B layoff options - Going to home country and applying for jobs, going through the lottery again and documents required to apply for a new visa to explain missing pay stubs

2 weeks ago By Chief Editor
Question details

I am on an H-1B visa and recently got laid off.

If I don't find a job within the 60 days grace period:

1. Can I go back to my home country and keep applying for jobs and then come back once I get one? If yes, would I have to go through the lottery again?

2. If not, what are my options?

3. What additional documents do I need to provide while applying for my new visa to explain the missing pay stubs?

4. What does the company that let me go send to the USCIS as documentation for termination of contract?

 

ANSWER
FAQ Transcript
  1. Sure, you can go back to your home country. No, you do not have to go through the lottery again.
  2. H-4 and F-1 CPT visas would be options.
  3. You actually just need a copy of your H-1B approval.
  4. If an employer wants to conclude an H-1B, they have to do three things: First, they have to inform the employee that their job is terminated. Second, they have to offer the employee a one-way ticket back to their home country. Third, they have to put it down in writing and request that the H-1B be revoked because they have to write to the USCIS.

Will having EAD cards or petition approvals with gaps in the start and end date cause an issue?

2 weeks ago By Chief Editor
Question details

I recently renewed my green card EAD; the first EAD card expired on 04/2019. I had filed for renewal before the expiration. The USCIS provided a 540-day auto-extension based on the renewal application. Based on the I-797 C for renewal, the original EAD is valid till Oct 2023.

The new card is valid from Jan 2023 till Jan 2025. Will having EAD Cards with gaps in the start and end dates cause an issue?

 

ANSWER
FAQ Transcript

Gaps are normal. If the gap is abnormal it is wise to discuss it with your lawyers to ensure that there are no potential problems or risks.

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