H-1B Visa FAQs

Given the Proclamation's requirement for a $100,000 payment for new H-1B visa petitions, what are the primary legal and operational challenges for U.S. employers, and what legal strategies are available to mitigate potential adverse impacts on staffing and business operations?

I wanted to seek your guidance regarding my pending H4 extension application. Below are the details:

I am on H4 status with my current visa valid until August 29, 2025.

My husband’s H1B extension has been approved, and we filed my H4 extension (I-539) along with his H1B. I received my receipt notice on April 2, 2025. Due to a family health emergency, I traveled to India on April 29, 2025, and re-entered the US on June 18, 2025, using my valid H4 visa. Upon entry, I received a new I-94 valid until [insert the expiry date on your new I-94 here, e.g., August 29, 2025]. I would like to confirm:

Will my pending H4 extension (filed prior to travel) be considered abandoned due to my departure from the US while it was in process?

Should I apply for a new H4 extension application? Is it recommended to recall the current H4 extension application and immediately fill a new H4 extension? Or should I wait till I get my H4 withdrawal approved?

If so, do I need to file a new H4 extension application before the expiry of my current I-94 to maintain my status beyond that date? 

Is there any additional action you recommend in this situation to ensure uninterrupted H4 status?

 

My question is regarding conversion from H-4 to F-1. I landed in the US on an F-2 visa, which was later converted to an H-4. So I don't have a sticker visa on my passport. Now I'm trying to gain admission to a university and change my status to F-1 again. Would I face any issues in this matter now or later? If I don't manage to get a job later, would I still be able to stay and convert back to H-4, or could I possibly face a denial?

Secondly, if I go back home and get a visa stamp, can I face any potential problems because this is going to be my second master's and I've gone through three visa status changes in a short period?

 

I am currently on an H1B visa and, unfortunately, I’ve been laid off. My last working day will be July 31st. I'm evaluating my options to maintain legal status in the U.S. after that date. The two primary paths I’m considering are:

Filing a Change of Status to B1/B2 (Visitor Visa). Filing a Change of Status to F2 (Dependent on my wife’s STEM OPT)

I saw your post on LinkedIn where you mentioned that USCIS has recently issued RFEs in B1/B2-to-H1B conversion cases, citing that seeking employment while on a B status may constitute a status violation.

My question is:

If I change to F2, would I face similar scrutiny during a future change back to H1B, especially if I'm job hunting while on F2?

Does job searching or interviewing while on F2 (without actual employment) violate the terms of that status? Also, I'd greatly appreciate your insights on the pros and cons of switching to F2 vs. B1/B2 from a strategic and compliance perspective.

 

Is applying for a B-1/B-2 visa still an option for individuals who have been laid off while on an H-1B visa?

Currently, I'm on H1-B with an employer. My last working day with them would be on May 31st, 2025. I've already completed my grace period in the past, which was Sep 1st, 2024 - Oct 31st, 2024. I went back to my country and came to the US with my current employer. Now, I'm still looking for a new employer, and I don't think I can find one within this week. Can I still file for a B1/B2 visa and stay in the country without an employer from next week, May 31st, 2025? Can I be unemployed during the process time? Will there be any consequences?

I am reasonably sure that many people would be interested in learning about the new 5% remittance bill for non-US citizens and non-nationals. It's part of the big beautiful bill, so does it have a chance of getting passed? Is there a component of tax credit back for non-citizens (It says it has a tax credit back for taxpayers, but does not specify if they have to be US citizens/nationals or not) - if so, what % of it is reimbursed?

This would affect all countries, but India and Nigeria would be the most impacted. The media in both countries are covering it, but they are not mentioning the tax credit. We request that you shed more light on this bill and assist us with the possibilities, dates, and details.

My H1B was picked in the 2024 lottery, but there was no progress on the case for months, so I asked my employer to move it to premium. They said that it would be charged through my payroll, and I was okay with that. Later, I received an RFE, and the petition was approved recently.

My employer has already started deducting the premium fee from my last payroll (it is set to be deducted across 6 pay cycles). But when I checked my payslip, that deduction was not mentioned in it. Instead, the base pay is reduced by the installment amount, and then all the taxes are calculated on the reduced amount. This means that for the 6 pay cycles, my pay will be run on an amount lower than the LCA amount.

Will this cause any problems during stamping or at the port of entry? Please let me know if there is anything I can request my employer to change in this process.

My GC was filed, and I-140 was approved in 2012. My PD is November 2012, which became current in March 2025. However, I changed employers a few years back. My current employer is willing to start my GC application but hasn't started yet. Do I really have only one year from the time my PD turned current to file for AOS? If yes, what are my options to maintain my H1 status?

Could you please briefly explain the process and the basis for filing for B-2 extension for job search? Is it the same I-539 form and process? And do we need an attorney for this?

The question is regarding my mother, who comes on B1/B2 every 6 months. My father expired during the COVID-19 pandemic, and she stays alone in India. My brother and I both live in the US. He is on an H1B visa, and I am on an H4 visa. My mom is also suffering from arthritis and is not able to walk much.

Is there a way we can extend her B1/B2 instead of sending her back to India? She has nobody to look after, and we are under a lot of stress as we are settled here and can't be in India for six months.

My spouse traveled to India and successfully completed her H4 visa stamping at the US consulate, which is now valid for next 2 years. Prior to her departure, she submitted an I-539 application for an H4 extension with USCIS. However, since she is returning to the United States, she will receive a new I-94 upon her arrival. Given that her I-539 application is still pending with USCIS, I would like to know the process for withdrawing the I-539 application.

We have filed her I-539 application online and it is still pending with USCIS.

We want to avoid any potential conflicts with her I-94 status in case USCIS approves her application after she arrives back in the US (new I-94 that she will receive at port entry and old I-94 if USCIS approves).

I am in my sixth year of H1B, which will expire on July 27, 2025. My I-140 was filed on July 12, 2024, and I expect a decision soon, given the I-140 processing time of 7-9 months. Once my I-140 is approved, I plan to apply for a three-year H1B extension.

My employer operates as a fully remote company, and they support my plan to work remotely from Europe starting June 1, 2025, while continuing to be paid on the U.S. payroll. I worked remotely from India and Europe for around six months during my H1B period without any issues re-entering the U.S. However, I plan to spend most of the next three years (over six months per year) outside the U.S., and I am seeking clarity on maintaining my H1B status, re-entry requirements, and compliance with immigration laws.​

Questions:

1.) Given that my I-140 was filed on July 12, 2024, and assuming it is approved soon, should I apply for premium or regular processing for my three-year H1B extension? Would premium processing provide any specific advantages since I plan to work remotely from Europe starting June 1, 2025, while staying on the U.S. payroll, or should I go with standard processing and apply and wait for the decision while I am outside the USA? Perhaps the renewal decision will help before I move out of USA?

2.) What is the maximum time one can spend outside the U.S. each year while still maintaining H1B status? In one of your previous videos on H1B remote work, you referenced 8 CFR 214.2(h) regarding H1B workers' ability to work outside the U.S. while being paid in the U.S. However, I couldn’t find explicit wording confirming this. Could you clarify where this is stated?

3.) Given the current administration’s policies, are there any concerns with staying abroad for more than six months per year for the next three years while on H1B working remotely with a US payroll?

4.) Can I open a company in Europe to obtain residency there while continuing to do the same work remotely for my U.S. employer and receiving my salary in the U.S.? Would this create any H1B compliance issues? How frequently should I visit the U.S. to maintain my H1B status and avoid re-entry issues?

5.) If I visit the U.S. for only a few days or months and work from an Airbnb in the same Metropolitan Statistical Area (MSA) as my employer’s address, do I need to update or amend my H1B petition? If my employer undergoes a USCIS site visit while I am working remotely from abroad, what potential consequences could arise, and how should I handle it?

I am a mechanical engineer currently working as an MEP design engineer, and I hold a professional engineer (PE) license in North Carolina. I am on an H-1B visa with an approved I-140.

With the recent rule changes, I wanted to understand whether I can open my own MEP design firm while on H-1B status without maintaining an employer-employee relationship. Additionally, would I be allowed to start the company while maintaining my current full-time job and transition to running the firm full-time once I build up a client base?

 

My H-1B to B2 status change (I-539) was approved, and the I-94 expiry date on my B2 approval notice is 21 April 2025.

Now, if I apply for a B2 extension or F-1 change of status, then can I stay in the USA after 21-Apr-2025 while my decision is pending?

 

I received my H-1B visa in September 2022 and worked at my company’s Scottsdale, Arizona office until March 2024. Since then, I have been working remotely from India for the same company and role. My H-1B visa is set to expire in September 2025.

I have a few questions regarding the extension process:

1. Does my employer need me physically in the U.S. to apply for my H1B extension?

2. If yes, what alternatives are available for my employer to apply while I am abroad?

3. Given that my visa expires in September 2025, when should I start the extension process at the latest?

 

I would appreciate some insights on my H-1B and green card process. Here’s my situation:

I currently have an H-1B visa valid until July 2027.

My company has filed for PERM with a priority date of October 2024.

If things go as expected, I anticipate my I-140 approval around May 2026 (with premium processing, if things go smoothly and I receive my DOL approval around Feb 2026, calculating around 15+ months from Oct 2024).

I’m considering moving to India around January/February 2027, which would be about 180 days after I-140 approval (if that helps retain I-140 benefits even if I go to India; if not, I would be moving earlier).

My questions:

Impact on H-1B if I move to India

What would happen to my H-1B if I joined a different employer in India?

What happens if I stay with the same U.S. employer but work from India?

Returning to the U.S. after H-1B expiration

If my H-1B expires while I’m in India and I haven’t renewed it, let's say that in the future, I will get an employer and want to re-enter the USA. Would the process be expected for the employer, like filing for a change of employer and me getting a new stamp in the Indian embassy, or would it have some additional complications?

I-140 and Priority Date Retention

Will my I-140 priority date remain intact if I am in India and later re-enter the USA for a different employer based on the answer to the above question?

If I get a new job in the U.S. later, what must my future employer do to transfer or use my existing priority date for the new green card process?

 

I hold an H1B Visa, and it is time for an extension. At the same time, I applied for my I-485 a few years ago, and I recently renewed my EAD, which is valid for 5 years. My priority date is June 2013. At this time, I am a bit confused about whether to move on to EAD or if I should continue to extend my H1B. If, for any reason, my H1B extension goes wrong, will I still be able to use my EAD? Thank you always for your support.

 

I hold an MBA (non-STEM) and an MS in UX Design (STEM) both from US universities. My role blends managerial duties with design expertise, and my career goals include executive positions in the design domain. How does this dual specialization impact my H1B case, particularly regarding the "specialty occupation" criteria? Are there any nuances I should be aware of?

 

I am in my first year of OPT and eligible for a STEM extension. If selected in the H1B lottery on the first attempt, can I delay activating my H1B to fully utilize my STEM OPT? Would this be advisable, and what are the potential benefits or risks?

 

As per the new 2024 H1B Rules, can an H1B holder start a company with 100% ownership (possibly working on out-of-office hours/weekends) while holding a full-time job at another company?

 

I am on OPT, which started on 19th February 2024. I joined my first job on OPT on 8th July 2024 and lost one attempt at the H1B lottery. I work for a research foundation, and they can sponsor me for an H1B-exempt visa. I have a degree in computer science, and I ultimately want to work in corporate America, which means I need to get an H1B cap-subject visa.

My question is whether I should get this H1B exempt visa through my current organization or if I should try to switch to a different company and use my remaining two attempts at the lottery. I ask this because once I get the H1B exempt visa and change my status from F1 to H1B, I won’t be able to switch to a for-profit organization and would be stuck in H1B exempt visa category. H1B-exempt visa jobs are less and pay less. And though the option of an H1B concurrent visa is there but I feel in reality, it will be challenging to get a company to allow me to work for another company due to NDA requirements and also allow part-time work. (But I would appreciate your advice on this since you must have had client experience.)

Can you advise me on how to get the H1B exempt visa now? Does it have any advantage, given I want to transition to a corporate company? What options will I have if I switch to a for-profit organization? Also, I am currently funded through a grant, and it has runway till July 2026.

I have seen people saying not to get an H1B exempt visa as you will be stuck in that category, but I also feel that any H1B visa will be better than F1. 

 

I applied for a change of status from an H1B to an H4 visa via I-539 in May 2024 as I got laid off, with my last working date being 3/19/2024.

The document was received by USCIS on 5/10/2024 and confirmed by I-797C, Notice of Action dt 5/20/2024.

On 12/26/2024, my case was approved. I received I-797A Notice of Action with Approval on 1/7/2025. The approval date shows the validity of H4 from 12/23/2024 to 03/13/2027.

On my I-539 I had asked for the change of status to be effective from 05/15/2024 as my 60-day period would run out on 5/19/2024.

However, the H4 approval shows the start date as 12/23/2024. So, my question is, what status was I in during the period 5/19/2024 and 12/23/2024, and will I face any problems if I go for visa stamping? Do I need to write to USCIS and ask for a date to be changed to 5/15/2024 to avoid issues in the future?

 

I worked in the US for the last 3 years on STEM OPT but did not get selected in the H1B lotteries. I returned to India in June 2024 and have been working with the same company since then. My employer plans to file my L1A visa petition after July 2025.

Can I also participate in the upcoming H1B lottery?

Would applying for the H1B affect my L1A petition?

Additionally, given that I have worked outside the U.S. for a year within the last five years with the same company, is it possible to transition from H1B to L1A status?

I have accepted the first company’s offer, and it has filed for my H1B transfer. Now, I want to sign an offer from Company two and potentially join it. So, should I make the company speed up the process and delay joining the company in order not to get issues during the green card process? What if the company forces me to join?

Q1: My brother was recently laid off from his current company. Let's say he applied for an H1B transfer within 60 days (grace period) with Company-A, and it’s still in process. Then, after 60 days, can he apply for an H1B transfer with Company-B (better opportunity)?

Q2: To follow up on the above scenario, if his H-1B is denied (company-A), how much time does he have to leave the country?

Q3: He was notified about his last day as Oct 30th. Does his 60-day grace period end on Dec 30th? Or is it 60 working days?

*Note: His current company said they have not revoked the H-1B.

I was on H1B (shows automatically revoked), then switched to B2, then switched to F1 (current status) without leaving the US.

1 - Will automatic revocation of H1B cause any issues? Is it simply because the employer has submitted a withdrawal after terminating my role?

2 - When I find a new job that sponsors, will the revoked H1B cause any issues? I have only used 4 months of my initial H1B. It will be a switch from F1 to H1B if everything works out.

Just wanted to clarify what "Case Was Automatically Revoked" means; revoked - sounds a bit concerning. My role was terminated.

I got my H1B Approved (I have I-797B) through Consular Processing by Company A this year. After a few months, I got laid off from Company A and they Revoked my H1B petition (after Oct 1). I have not yet activated my H1B status (currently on STEM OPT EAD). The Immigration team at Company A said that I could do the Change of Status with Regular H1B Transfer from new employer. (As I would be considered Cap Exempt Individual with I-797B).

Can I know if I need to re-enter the lottery again or if it is possible to file a new H1B petition and change it to Company B?

I am in my first year of STEM OPT. My employer verbally committed to filing a cap-exempt H1B in 2026 so that I can get the H1B right about the time my STEM OPT expires.

If my boss is willing, can he:

Start my GC filing in 2025 before filing h1b in 2026 to save some time for my GC process. Or should I wait to get h1b first till 2026 and then start GC after that? Or file for GC concurrently with H-1B in 2026?

I am reaching out on behalf of a friend who is currently facing challenges related to his H1B visa stamping process in India. He departed for India in August with an H1B Dropbox appointment scheduled for August 19th. On August 30th, he received a 221(g) notice requesting him to appear for an in-person interview. He attended this interview on September 3rd, where he responded to all the consulate’s inquiries. However, he was issued another 221(g) slip, stating that his case is now under administrative processing and that he will be notified once an update is available.

Since then, there has been no progress or further communication from the consulate.

My friend’s concern now is twofold:

1. Unpaid Leave and Payroll: Due to his company's policy, he is not permitted to work from India and has been on unpaid leave since August 15th, with his last payroll processed through this date. He is still formally employed, but he has had no payroll since then. If his H1B stamping is approved, will his re-entry to the U.S. be problematic, given the gap in payroll since August 15th? Additionally, is his H1B status still active, or could it be considered paused due to the lack of payroll?

2. Expediting the Process: Is there any way to expedite his case with the Chennai consulate, considering the indefinite delay he is currently facing?

- H1B 60-day grace period starts on the date of getting notice of layoff from the employer, on the date of the severance paycheck, or on the last date of the regular paycheck?

- During H1B 60-day grace period, what is the best time to apply for B1/B2? When 30 days are left, 15 days are left, etc.?

- H1B is for 6-years of work, or 6-years total? I mean does unemployment time or B1/B2 time etc. also counts in 6-years of H1B?

- After layoff on H1B, if decided to go to school, then how to stay in US until getting admission decision and until school starts, that could take many months.

- After layoff on H1B, what is the better option to choose between B1/B2 and F-1?

I got laid off on H1B in my previous company but found and started a job in a new company within a 60-day grace period. Again, the current company has provided a notice period for layoff. Will I get a 60-day grace period again this time?

How easy it is to get a B1/B2 to find a job after a layoff.

I arrived in the U.S. in the last week of May 2024, and despite innumerable requests, my employer has not run payroll for the weeks since my arrival. Could this pose any challenges for future H1B transfers, extensions, or I-140 processing? Is there a risk of scrutiny or denial due to this issue? If yes, could you guide how to mitigate this please?

I am currently in my second year of OPT ( my stem OPT expires in December 2025), and I am working as a software engineer at a Nonprofit university.

Here is my plan for scenarios that might happen, and I need your help to tell me if I am on the right path or completely moving in the wrong direction.

My employer agreed to file an H1 at the end of the stem opt, but I plan to ask my employer (a non-profit) to file a cap-subject visa for me. Everything will be fine if they do and it gets picked. If not, I have a long-standing offer ( with a project ) from a consulting firm who will file for me.

- My question is, either way if lottery doesn't get picked i am planning to go with cap exempt route from my university.

- If I have an H-1B cap-exempt visa and my lottery gets picked any time in the future, the chances of the client waiting till Oct 1(visa start date) can be unpredictable. Is there a way to bypass this by moving to day one CPT or any other visa and starting working immediately with the client? I heard that it is practically impossible to move to cap subject if i have cap exempt visa and my priority is cap subject.

 

My current I-797 and H-1B visa stamping is valid until 03rd December 2024. I have filed for an extension. Can I travel to India while my H-1B extension is pending? Does it have any impact on my I-797 approval and its validity period, as my I-94 will be changed upon my reentry to the USA?

I am traveling to India for Medical reasons in the month of September and will return on December 1st, 2024. If my H-1B is not approved by December 1st, Can I enter the USA with 2-3 days of Visa stamp validity, and what justification could I give with only 2-3 days of stamping validity?

If my H-1B is approved while I am out of the country or during transit, Can I enter the USA with the existing H-1B stamping?

My work is remote, and I can work from anywhere. Can you provide me with a better solution than the 2 options below?

1. If my visa is not approved by then, I will travel to India and return to the USA before December 1st.

2. I will continue to stay in India until I get my visa approved and get the stamping done before reentry to the USA. Premium processing is no option for me as my employer will not support citing RFEs as the reason.

 

I got a DWI in January 2024 and was convicted of two misdemeanors (DWI+ Eluding police) in June 2024. I have an H1B petition valid until 2027, and my visa stamping has already expired in March 2024. I'm not traveling to India for now, but my wife and kid are going to India in December. Will there be an impact on H4 stamping, which will be dependent on my H1B petition? Do I have to send all papers to them, like the court decree, the court certificate of registration of actions, the charge sheet, etc.? I have a home in the USA, which I bought in November 2022. Can I also travel to India? What will be my future in the USA? Please advise if there will be an impact on visa stamping on my wife's visa.

 

I have just 50 days left on my H1B grace period, and I need to get an employer to transfer my H1B, or I will be kicked out of the States. My question is, which of the following paths should I choose?

1) I have a Canadian visitor visa, which is for six months, so can I go to Canada if I don't get a job by the grace period?

2) If I don't get an employer should I shift on B1/B2? If I do, how can I come back on H1B? Is there anything else you suggest to keep my H1B active?

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?

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?

2. 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)?

3. What would your suggestion be considering the different visa options I have? Should I extend my B2 visa or switch to an F1 visa?

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?

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?

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?

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?

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?

1) Is H1B cap-exempt to H1B lottery-based considered a change of status?

2) If I currently have an H1B cap-exempt visa and am filing for an H1B petition in June, when can I not travel outside of the US - from now to June, June to Petition Approval, or from Petition Approval to Oct ? My current H1B visa would be valid until Nov.

Case: Picked for H1B lottery.

- What happens if the company lays off after June but before October 1? Would I stay on my current visa status? Or will I be on H1B but with a 60-day timeline to find the next job?

- Does the status automatically change to H1B on Oct 1? or does immigration require paystubs for a couple of weeks to prove our employment?

- If I file the petition with two companies separately, how will immigration decide which one to approve? Will they approve both?

- Are there any travel restrictions from June to Sept

Can someone in H4 + EAD status receive unemployment benefits if they only worked on H1b status? Would receiving such benefits be considered a public charge or have any other negative impact down the road?