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?
It can be done, but H-1B is not complicated that's absolutely straightforward.
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?
Sure. I don't see any problem for you, the employer should watch out for themselves.
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.
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.
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?
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.
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?
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?
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.
I got a H-1B approval in 2020 and stamping was done in 2022, due to personal reasons, I have decided not to travel to the US. My question here is at a later point in my career, will I be eligible for the CAP exemption for the different sponsor, even If I never visited the US using the stamping? Also whether this cap is exempt till 6 years from approval time or forever(but the 6 years clock starts from the time I enter the US)?
The six-year period should be counted from the date your H-1B was approved.
My F1 status will end with EAD, correct? EAD ends on June 25th and in July-August I was planning to use H1b Cap gap until I start my PhD program
See this link: https://studyinthestates.dhs.gov/students/h-1b-status-and-the-cap-gap-e…
U.S. Department of Homeland Security established regulations that automatically extend F-1 status and, if applicable, post-completion OPT employment authorization from April 1 to Sept. 30 for eligible F-1 students. We call this the cap gap extension. The cap refers to the limit on the number of individuals who can receive H-1B status every fiscal year. The gap is the period between the end of an individual’s F-1 status and the beginning of the individual’s H-1B status. The cap extension allows for some F-1 students to extend their F-1 status and/or authorized period of post-completion OPT until they transition to the H-1B status on Oct.1.
I am currently pursuing 6-month online certification program in "management" domain from the Indian Institute of Management (IIM) here in India and this IIM has been awarded the EFMD Quality Improvement System (EQUIS) accreditation by EFMD, the globally recognized international organization for management development. This institute has AACSB (The Association to Advanced Collegiate Schools of Business) accreditation in the US. I have bachelors in chemical engg from India and masters in chemical engineering from the US. I plan to use the H1B remainder option to come back to the US and would like to change careers.
My question is as follows :
1. Is the "online certification in management" that I am currently pursuing from the AACSB accredited institute as mentioned above considered valid and acceptable by the USCIS for changing careers from chemical engineering to managerial roles such as e-commerce/software domain on H1B?
2. I have also done courses in management, data analysis, economics, computer programming and other math related courses at undergraduate level in chemical engineering and would like to know if these courses would be of any help to change domains as transcripts for bachelors and masters degree are requested during the H1B processing?
The answer is not really. These courses are not considered to be bachelor's degree. But having a degree in chemical engineering may qualify for a manager's position.
Note: 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.
Hi Sir,
I attended a Visa interview on 10th Jan and received a yellow slip for administrative processing. Next few days case status changed to approved and issued. A few days later case turned refused after a few days changed to administrative processing. A few days later I received the passport with a Pink slip and marked my visa rejected under section 212(a)(6)(C)(i) Material Misrepresentation / Fraud. May I know, if is there any chance to know the grounds of Misrepresentation / Fraud that we did?
The rest of the people who attended visa interviews from the same employer will face any challenges? Thanks,
Note: 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 can get difficult. Stand by. We will write a blog article on this. Follow us on social media. We will update.
Question 1: If H-1B transfer is approved but not joining the new employer, then what all is required to be done to avoid any problems? - Is it required to withdraw all approved H-1B transfer petitions in that case? What is the validity of H-1B transfer approval?
Question 2: I am currently working for Company “A” on an L1A visa which is valid until 09/12/2024. I have my i140 approved that was filed by company “A” in EB2 with May 2019 as the Priority date. I am from India. Company “B” filed my new H1B.
My new H1B petition (I 797A, notice of action) and accompanying request for a change of status got approved on Dec 21st 2022. Employer “B” shared with me the approval copy only on 29th Dec 2022. I 797A, notice of action says my new I 94 is valid from 12/21/2022 until 10/10/2025. Will my work authorization status in the US reflects as H1B only if I submit my new Form I-9 through employer B? or is it already effective from the date of H1B approval i.e., 12/21/2022?
Is there a time limit within which I have to resign from my current employer “A”? What’s the maximum number of calendar days I can continue with my current employer “A” from the date of my new H1B approval i.e., 12/21/2022?
Answer 1. Under the immigration law, there is no risk. You have a choice to work with the new employer and also continue working with the old employer.
Just because a second H-1B is approved, it does not mean your old H-1B is revoked, canceled or overruled. They both continue to be in force, but you have to choose one or the other.
Answer 2. Technically, you have violated your status. You should go get your H-1B visa stamping and come back. That is all you have to do.
As for the time limit you are already working without status. Your L-1 is over when you get a change of status. So the earlier you resign the better you are.