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.

Eligibility for 1-year H-1B extension under 365-day rule based on PERM filed on November 1, 2023

Question details

My PERM was filed on November 1, 2023, and my current visa expires on October 10, 2024. Am I eligible to apply for a one-year extension based on the 356-day rule? If so, is July a good month to apply for a one-year extension?
OR do I need to travel back to my Country and apply for an extension after 1st November 2024?

 

ANSWER
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FAQ Transcript

H-1B extensions beyond 6 years are possible through an approved I-140 or a PERM labor certification pending for 1 year. For PERM-based extensions, you can apply before the 1-year mark, but the extension only becomes effective after a full year. For example, if your PERM was filed on November 1, 2023, and your current H-1B expires in October 2024, you could apply for an extension in July 2024. However, the extension would only be effective from November 1, 2024. You may need to leave the country temporarily if there's a gap between your current H-1B expiration and the extension's effective date.

Work authorization, visa stamping, and optimal strategy for a laid-off H-1B professional

Question details
  1. I was on an H-1B visa and got laid off. I then switched to a B2 visa to extend my stay in the US after the 60-day grace period. My B2 visa is about to expire. I can request an extension of the B2 visa, but I want to enroll in a master's or a PhD program. Once I switch to an F1 visa, will I be allowed to work on H-1B (or any other visa) if I get a full-time job during my course period? If I am allowed to work, can I also continue my course?
  1. When the F1 is approved, will I have to leave the US to get my visa stamped and re-enter (as I am currently on a B2 visa)?
  1. What would your suggestion be considering the different visa options I have? Should I extend my B2 visa or switch to an F1 visa?
ANSWER
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    FAQ Transcript
    1. Absolutely, you can convert back to H-1B, and you can continue your course.
    2. No.
    3. If you think you can find a job in the next six months, stay on the B-1/B-2. But if you think that's dicey or unknown, I would rather have you spend your time studying, getting more education, and, if possible, getting curricular practical training.

    Immigration Law

    Extending parent's stay in the U.S. beyond six months on a B-2 visa

    Question details

    I have a question about my mother's stay in the US on a visitor (B2) visa. I am an IT Professional in the US on an L1 work visa along with my family (spouse & kid). My only sibling (younger sister) is also settled here in the USA. My father passed away a couple of years back in India. My mother is 60+ years of age, and currently, there is no family member in India to stay with her at all times. She visits the USA and stays with us for six months at a stretch during the year. Considering her health and emotional support needs, I am looking for options to have her stay with us long-term (beyond a six-month period in a year). As is the case in this scenario, are there legally valid options/exceptions for old-age single parents?

     

    ANSWER
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    Yes, it is possible.

    Moving to India in 2025 on H-1B extension, I-140 portability, and future U.S. opportunities

    Question details

    I need to relocate to India for family reasons in 2025. My I-140 has been approved for over 180 days, and my initial H1B visa is valid until August 2025. I want to keep my options open if I decide to return to the US in the future.

    1. Is there any difference in moving to India before or after filing for my H1B extension if I plan to return to the US with the same or different employer?

    2. Additionally, is there a time limit within which I must return to the U.S. with the same or a different employer with an approved I-140?

    3. Do I need to go through the H1B lottery again anytime if I want to return in the future?

    4. Does it matter if my PD is current when I return to the US?

     

    ANSWER
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    1. There is no difference.
    2. Definitely, in about six years, there will be no issue.
    3. No. 
    4. Yes, that can be a problem.

    Nonimmigrant Visas

    Green Card

    H-1B 60 days grace period H-1B transfer; Impact of switching to B-1/B-2; and family visa validit

    Question details

    1. I am currently in a 60-day grace period due to a layoff and am in the process of finding a new employer to file an H1B transfer. I have two questions regarding my situation:
    If I apply for a B1/B2 visa on the 59th day of my grace period and it is approved within two weeks, can my new employer still file an H1B transfer using premium processing? 

    2. Specifically, I am concerned about the impact of my status change from H1B to B1/B2 and then back to H1B on the processing of the transfer.

    3. My family members hold a valid US visa stamping until March 2027, which was obtained using my previous employer's I-797. Can they enter the US using this existing visa with a copy of my new employer's I-797 at the port of entry?

     

    ANSWER
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    1. No, because if you are on B-1 or B-2 status, then you are not on H-1B. 
    2. If the B-1 or B-2 status is approved, then it obviously replaces the H-1B. 
    3. You can maintain the H-1B only if necessary.

    International Managers (EB-1C) changing jobs under AC21 portability after 180 days

    Question details

    1. I am on L1A, and I have Approved EAD and AP. Also, 180 days of waiting is over.

    My question is, can I switch employers? If so, how will USCIS match my job duties? 

    2. On L1A, it's an International Manager experience, and how can I show that I have international manager experience with the new Employer?

     

    ANSWER
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    1. Yes, I can confirm that your understanding is correct.

    2. Regarding your new employer, your lawyers will provide the necessary assistance and guidance. It's important to note that in your current situation, the requirements differ from when you initially obtained your L-1A or EB-1C visa. At that time, you were required to demonstrate that you had the appropriate experience with the related company. However, now that you are in the AC21 portability phase, you are no longer obligated to fulfill that specific requirement.

     

    Nonimmigrant Visas

    Procedure to recapture H-1B/L-1 time outside the U.S.

    Question details

    During the last three years on H-1B, I have spent approximately one year outside of the US (multiple visits to India). What is the procedure to recapture that time and add it back to my H-1B total time?

     

    ANSWER
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    You can recapture your H-1B time (one year) by requesting it during your next extension application. There's no deadline, and you might even recapture a full year if you exceed six months out. Documentation like passport stamps is needed.

    B-2 visa dilemma: Extend or switch to CPT for PERM/I-140

    Question details

    I am currently on a B2 status and waiting for PERM approval. I have extended my B2 once, and I still think I would need another six months until my perm and I140 get approved. I need your suggestion in making a decision:

    Should I move to day 1 CPT OR extend my B2 for another six months?

    Which one will be the best option so I don’t get any RFEs from USCIS in the future?

    I have another question: My parents and brother have their B2 visa interview scheduled for May 31st. If they ask my parents about me, is it a good idea to mention my situation in the interview?

     

    ANSWER
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    If you are on a B-2 visa waiting for PERM approval. You can choose between:
    Day 1 CPT: Allows you to work while studying but requires school enrollment.
    B-2 extension: Extends your stay but may not allow work. Choosing depends on your work needs and ability to enroll in school.
    Regarding your parents' visa interview, advise them to answer truthfully about your situation. Don't misrepresent information to USCIS.

    Options when H-1B project is canceled

    Question details

    Scenario: Currently working for company A. Company B has filed H1B petition and gotten approval for Oct 1st start date. Unfortunately, Project with company B goes away before Oct 1 and company B doesn't revoke my visa before Oct 1st.

    1) Since I will automatically move to H1B on Oct 1st and I don't have that project anymore, can I continue to work for my current employer using the new H1B visa? (What options I have if I want to use the new H1B visa and work for the same employer?)

    2) In the same case, will company A be notified about my new H1B visa on Oct 1st?

    3) Will company A have to rehire me for H-1B transfer? or can I continue to work with them while the transfer is pending?

    4) How would it work if I find a new project through a new company C? Would they need to file for H-1B transfer as well ?

    5) What info can USCIS ask for H-1B transfer in that case? What sort of RFEs may come up?

     

    ANSWER
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    FAQ Transcript

    You can't work for your current employer (Company A) on the new H-1B. File an H-1B transfer to Company A. USCIS won't notify them. Consider a lawyer consultation to possibly keep working at A while the transfer is pending.

    Immigration Law

    Benefits of National Interest Waiver

    Question details

    Two general questions,

    1. What are the benefits of filing an EB2 NIW for a person whose I-140 has already been approved by an employer in the same category apart from NIW, not depending on your employer? Also, can you get your I140 approved priority date to your NIW?

    2. Is it possible to renew the H-1B visa stamp before expiration? For example, if my H1B expires on November 1st and I apply for a visa stamp in October with approved extension I797, Would I be able to renew it?

     

    ANSWER
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    While an approved I-140 with an employer offers some benefits, an EB-2 NIW grants portability - you can keep your green card across job changes in your field. It also allows extending your H-1B past the 6-year limit and enables your spouse to work and travel with you.  For those with backlogged priority dates (e.g., India), NIW can help with I-130 petitions in specific situations. If your I-140 is approved already, the main advantage of NIW becomes self-sponsorship.  Finally, you can renew your H-1B visa stamp before expiry, though consulate lead times (like four months) might apply.

     

    Nonimmigrant Visas