General Nonimmigrant Visa FAQs

Volunteer work on an H-1B visa

Authored on: Thu, 11/03/2022 - 05:32

Question

I'm on H-1B, can I work for a startup on a volunteering basis for a technical engineer role? The work is done remotely and the owner of the startup is based in Russia.

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Parents staying in or traveling to the U.S. while their green card petition is pending

Authored on: Thu, 11/03/2022 - 05:29

Question

Would there be any issues with parents reentering the country after filing for GC application? Say the parents entered the US on a B1/B2 visa but applied for GC while they were visiting (not for the first time). They were going to file for it once they were back in the home country anyway, but decided to submit the application now than at a later date due to some health situation that came up during the visit.

Are there chances of the application being denied/or will the parents not be allowed to reenter the country because there have been some medical emergency that happened during the visit? Should those factors need to be addressed before exiting the country before the 6 months stay time is up? And would it still be a problem if that has been addressed with the provider, given it will all be in the history file now? Would there be some state assistance that anyone can get some help with in terms of financial and patient well-being and all?
 

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Can an H-1B holder open an LLC in the US and employ their spouse on H-4 EAD?

Authored on: Thu, 11/03/2022 - 05:27

Question

Can an H-1 VISA (Resident tax alien without a green card) Holder set up an LLC in the USA? If yes, can his spouse on H-4 VISA with EAD work in that LLC?

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Can I change my status from B-1/B-2 to H-1B, L-1, F-1?

Authored on: Thu, 11/03/2022 - 05:22

Question

I have worked in the U.S. under L-1\H-1B from June-2015 to March-2020. I have been in India since the last 2 and half years (Not working for any US based company). Now I have got Job offer from a US company and the H-1B I-797 petition is approved. I have a previous employer's H-1B Visa stamp (which expired last month) in my current passport, and B1/B2 Visa stamp(got in 2013 and valid till Sep-2023) in my older passport. I also have approved I-140 (EB2) from my previous employer.

My Question is due to the high wait time for Visa appointments, in worst case, if I can not secure a visa appointment anywhere close to joining date, can I travel to the US with a valid B-1/B-2 Visa and approved I-797 and later change status to H-1B and join the job? If yes, would it impact the GC process in future?
 

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Can I do two STEM OPTs, one after bachelor's and the other after Master's degree?

Authored on: Thu, 11/03/2022 - 05:20

Question

I am in the 1st year of my 2-year STEM OPT after completing Bachelors Degree. Can I do another set of OPT + 2 year STEM OPT if I complete my Masters Degree? Does the Masters also have to be in STEM field to utilize the post Masters OPT+2 year STEM OPT?

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How can I maintain my H-1B while working outside the USA?

Authored on: Thu, 11/03/2022 - 05:17

Question

I would  highly appreciate it if you could share any insights for my case. I hold H-1B working for MNC in Seattle, USA. I applied for Canada PR and it was confirmed. I will travel by car to Vancouver Canada and work in Canada remotely with a Canadian house address. At the same time I want to maintain my H1B visa. Is that possible and how? I got to know H1B is valid as long as we work on US soil. 

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STEM extension expiring, options to stay in USA, Is Day 1 CPT safe and legal?

Authored on: Thu, 11/03/2022 - 05:06

Question

I am currently on STEM Extension and my visa expires in July 2023. I also have a masters degree here in the states. I wanted to know what my options are..
If the suggestion is Day-1 CPT, I wanted to know how safe/legit it is! I have heard that going on Day-1 CPT can cause some issues when your H1 gets picked and may lead to RFE?
 

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H-1B visa holder travels abroad (Canada) for work sometimes; is an H-1B amendment required for change of address or location abroad?

Authored on: Tue, 09/20/2022 - 06:59

Question

H-1B visa holder travels abroad (Canada) for work sometimes; is an H-1B amendment required for change of address or location abroad?

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What are the chances of an H-1B visa (STEM OPT) after completing Masters in the U.S?

Authored on: Tue, 09/20/2022 - 06:56

Question

What are the chances of an H-1B visa (STEM OPT) after completing Masters in the U.S?

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Impact of alternate wage survey for H-1B LCA; the success rates of H-1B extensions; AC21 rule when the company is bought by a successor-in-interest

Authored on: Tue, 09/20/2022 - 06:36

Question

Impact of alternate wage survey for H-1B LCA; the success rates of H-1B extensions; AC21 rule when the company is bought by a successor-in-interest
 

 

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