H-1B 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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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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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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Options if employment-based I-485 is denied?

Authored on: Thu, 11/03/2022 - 05:14

Question

1. My I-485 was filed in August 2022. Priority Date: 2014. Lost a job. H-1B withdrawn and offer is canceled. Current H-1B remaining till January 2023. If I-485 is denied do I have to leave the country? Can I work for the remaining 5 months?

2. After retrogression, can I transfer H-1B?
 

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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?

Answer

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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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Change of employers after H-1B is approved and before October 1; the number of pay stubs required; revocation of H-1B before October 1

Authored on: Tue, 09/20/2022 - 06:27

Question

I am currently on F-1 Stem OPT, and my H1B got approved this year a few days back. My current company is shutting down its operations and moving everything to Mexico.
1. They have given me the last date of employment as 31st October 2022. So my question is how soon can I change my employer and can I transfer my H1B to a new employer before 1st October 2022? 
2. Also, if I can do my visa transfer only after October 1st 2022,?
3. Can I do that with 1 paystub, or will I require 2 paystubs?
 

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