US Immigration Questions

STEM OPT students filing OPT and green cards with multiple employers (renowned companies); impact of the size of the company on a green card petition; the impact of working remotely on OPT, H-1B, and green card

Question details

1. Can I have multiple employers i.e. jobs in the first year of OPT and also after getting STEM OPT extension?

2. Can all my employers start my green process simultaneously?

3. If H-1B COS is approved through one employer i.e. switched from OPT to H-1B, can I still continue other jobs and GC process with them? If not, is there a way to continue all jobs?

4. Does it make a green card case stronger if the sponsoring employer is a big renowned company like Microsoft or Amazon? Also, what about if the company is small?

5. Does OPT, STEM, and H-1B allow you to do a job that allows remote work from within the U.S. regardless of the pandemic? Is such a job eligible for H-1B and green card sponsorship?
 

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FAQ Transcript

1. Yes. STEM OPT people can also have more than one concurrent job, but they have to work with their DSO's to make sure the paperwork is filed properly.
2. Yes, as long as there is a good faith intention to join any one of these employers who can get your green card.
3. Yes, you can. You can have  multiple H-1B approvals living together in the same space.
4. It does not impact the speed of the green card. What is most important is the company's financial solvency.
5. Remote work is possible for both OPT STEM, H-1B and Green Card jobs.
 

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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.

How can we expedite the filing of a PERM application?

Question details

In order to expedite the PERM process, is it possible to do recruitment in parallel with PWD?

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FAQ Transcript

Do the  job order notice or job order which is filed with the local employment commission in the State. That is the only thing you can do and that could save you a few weeks time.

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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.

Can we file more than one AC21 portability Supplement J if we continue changing employers?

Question details

I have a question regarding the AC21 180 days rule. My I-485 Green Card was approved under EB2 category in March 2022. I changed my employer in October 2021 but my new employer filed AC21 I-485j only in February 2022 when my PD got current. When can I change jobs if I get a better offer? Do I need to work for 180 days with this employer since I-485j filing date?
In total, I have worked for 9 months for this employer (5 months before filing AC21 and 4 months after GC approval).
 

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FAQ Transcript

There is no limit on how many times you can change employers on AC21 portability and there is no requirement that you must work for an employer for 180 days.
 

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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.

How can we keep the immigration benefits of an approved I-140 (priority date and the right to extend H-1B beyond six years through any employer)?

Question details

Three months after the I-140 approval, I moved from the location of employment given in my PERM application. I will stay with the same company for 180 days after the I-140 approval. To keep all benefits of an approved I-140 after I change employers, what do I have to do? What is the impact of the change of location? Do I have to prove my intention to keep the job permanently? Will the USCIS revoke the I-140 because of the change of location or if I change employers?

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FAQ Transcript

The moment your I-140 is approved your priority date is yours to keep. It can only be revoked if there is fraud, misrepresentation or some gross error in your paperwork. You can leave this employer and go somewhere else. You will have to start the green card all over again but you keep that date.
On the other hand, if the I-140 stays approved for 180 days without withdrawal or revocation you also have the right to keep extending your H-1B beyond six years with any employer until your priority date becomes current, when you are supposed to have filed the I-485. Your wife also has the right to keep extending her H-4EAD based upon your H-1B extensions. The I-140 upon approval immediately gives you the priority date to keep forever. That priority date can be transferred across visa categories and job categories. Once the I-140 is approved and stays approved for 180 days you have the right to extend your H-1B through any employer beyond six years, even if you left the employer 10 days after filing the I-140. Therefore you don't have to maintain the job for 180 days. Your I-140 must remain unrevoked for 180 days.

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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.

H-1B visa stamping

Question details

1. Is H-1B visa stamping  required?
2. Can an H-1B visa be obtained while remaining in the US? 
3. Can an H-1B visa be rejected?
 

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FAQ Transcript

1. The answer is No. It is only required if you travel outside.
2. It is a good idea to check with the consulate and they will respond through emails. 
3. Absolutely.
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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.

Denial of downgrade I-140 on the basis of the employer's ability to pay; impact on approved EB-2 and pending I-485?

Question details

My EB-2 I-140 was approved in 2014. Like many others, in 2020, I filed for a downgrade from EB-2 to EB-3 with the same employer. The EB-3 I-140 was denied on Ability to Pay grounds. Now, my EB-2 date is current and I have refiled an I-485. Will there be any impact of the denial on my approved EB-2 I-140 and I-485?

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FAQ Transcript

I would suggest you sit with your lawyers and figure out if there is a possibility of starting another green card with this employer, while this case is still going on. Because, if you are able to preserve your priority date and get another green card approval through PERM and the employer has the ability to pay wages, then it makes more sense to file another green card through this employer or through any other employer.
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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.

Consequences of unauthorized employment generally, and for F-1 visa students particularly

Question details

I am on an F-1 visa. I just need to know what are the consequences of working without authorization. I have a situation due to a hardship problem during the Covid times, I worked for one and a half months (approximately I don't remember exactly). I had a loan that paid my tuition but during the Covid times the bank from my hometown denied the transfer of funds. So, for that particular period I worked because I did not have a choice. All of my family members were fighting the worst covid situation at that time. There are five people in my family; four were in the hospital for weeks. I was not aware that working without authorization is a serious violation of my status.
In the future when I apply for H-1B or apply for OPT, what kind of consequences do I face? What are my options to get out of this situation? Can we get one pardon from the USCIS for this mistake?
 

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FAQ Transcript

The DSO could assist you in this matter and figure something out. But be prepared to leave the United States and secure a job if possible. Keep applying for an H-1B and if you ever get through the lottery and you get an H-1B approval make sure that you reveal in your visa papers that there was a violation. Be truthful about it. Remember this is not a ground for denying your H-1B. Therefore H-1B is definitely a possibility, but getting back the student status may be difficult.
 

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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.

H1B Transfer before October 1

Question details

Hi Rajiv ji, This is Harsh. I work for an employer A on STEM OPT. They registered me for the h1b lottery but it didn't get picked up. But I also had another offer from other employer B they also registered me for the h1b lottery and it got picked up and they have filed my h1b case and it's approved now. Can I transfer my h1b to employer A now before October 1 ? Please let me know

If the employer who filed your H1B revokes it before October 1, the current thinking of the USCIS is that you have lost your place in the lottery.

FAQ Transcript

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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.

Does reusing priority date cancel an old case?

Question details

Hi Rajiv, My PERM is pending approval with Employer A. I have an approved PERM with employer B and they are ready to file my I-140. My intention is to stay with Employer A if the PERM is approved , when my I-140 is being filed by Employer A , will I need to mention the Previously filed I-140 with Employer B? I don't want to use that priority date and I am ok with the new priority date from Employer A . Moreover, Employer B will not be willing to provide me the I-140 details. Thanks, Ashok

You may have a mistaken understanding of the law. Just because you have used a priority date obtained through Employer-A for a petition with Employer-B does not in any way take that priority date away from Employer-A. You can use the same priority date in multiple cases, through multiple employers without any priority date canceling out another.

FAQ Transcript

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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.

Dropping education to work

Question details

Hello Sir, Thank you for everything you do. I am planning to enroll in a Day 1 CPT MBA program and was wondering if dropping the course midway will affect my chances of getting a future H1-B or L1-A to green card process? Also, do you know any way that we can vet a university before joining the program? Thank you, Jaidev

As long as you act in good faith (honest intentions), dropping a program of study should not be an issue. Also, you can continue going to school part-time or even full-time if you like while you perform your job on an H-1B or L-1A.

FAQ Transcript

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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.