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Volunteering on a non-profit board committee while on H-1B or H-4 visa: Implications for visa stamping and green card process

Question details

Can a person on H-1B or H-4 visa be on the Board committee (Vice President) for the US based non-profit religious organization without pay (volunteer) ? Would it create any issue on visa stamping or GC process?

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FAQ Transcript

You can work if the company is non-profit. There is no issue as long as you do not get paid in any way. If it is a for-profit company you could have a problem unless they tailor make the program according to the principles of labor laws.

Recording for March 09, 2023 Conference Call with Rajiv S. Khanna

Immigration.com

FAQs: Volunteering on a non-profit board committee while on H-1B or H-4 visa: Implications for visa stamping and green card process

H-1B layoff options - Going to home country and applying for jobs, going through the lottery again and documents required to apply for a new visa to explain missing pay stubs

Question details

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?

 

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FAQ Transcript
  1. Sure, you can go back to your home country. No, you do not have to go through the lottery again.
  2. H-4 and F-1 CPT visas would be options.
  3. You actually just need a copy of your H-1B approval.
  4. If an employer wants to conclude an H-1B, they have to do three things: First, they have to inform the employee that their job is terminated. Second, they have to offer the employee a one-way ticket back to their home country. Third, they have to put it down in writing and request that the H-1B be revoked because they have to write to the USCIS.

Recording for February 23, 2023 Conference Call with Rajiv S. Khanna

Immigration.com

Immigration Law

Discussion Topics:

FAQs: H-1B visa cap exemption - How does the 6-year rule work? || Will having EAD cards or petition approvals with gaps in the start and end date cause an issue?|| H-1B visa layoff options - Going to home country and applying for jobs, going through the lottery again, documents required to apply for a new visa to explain missing pay stubs and the contents of the documentation for termination contract sent by the company to the USCIS

Visa Bulletin For March 2023

Number 75
Volume X
Washington, D.C

View as Printer Friendly PDF

A. STATUTORY NUMBERS

This bulletin summarizes the availability of immigrant numbers during March for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

Agency

Green Card

Immigration Law

Layoff while on an H-1B visa - what if I cannot find a job in 60 days?

Question details
  1. I am on H1B VISA and was notified that my employment will end on January 20th. I am actively seeking new job opportunities. Can you please let me know what happens if I am still interviewing after 60 days and become out of status? 
  2. Do I have any other options to change my VISA status before/after my employment is terminated and I fail to secure a job before the 60-day period is over? 
  3. Does my VISA become invalid after the 60 days or can I still find a job and reactivate it if I get an offer after the 60-days?
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FAQ Transcript
  1. You file for B-1 B-2 and you can do it online. You do not go out of status. Do it within 60 days.
  2. No, it does not.
  3. Talk to your lawyers. I think applying for tourist status is probably a good strategy.

Consequences of employer withdrawing I-485 Supplement J

Question details

Currently working with Employer B.
My PD - EB2 India, Aug 2013 with old employer A
Sep 2022 - Filed I485 with Employer A's I485J (which he provided that I will join his consultancy company)

  1. I always intended to join him but we couldn't find a new project in this market. He mentioned he is going to withdraw the I485J and I140.
  2. Will it be a right-away denial, RFE or USCIS will issue NOID?
  3. If USCIS issues RFE/NOID and the response date is after the 180 days mark - Can I provide 485J from my current Employer or any other employer or self-company?
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FAQ Transcript

1. It is not required by the law.
2. Probably a NOID and if USCIS wants to be nice to you they will send you an RFE giving you more time.
3. If USCIS issues an RFE you have to wait 180 days from the date of filing and after that you should be able to submit any employers I-485 Supplement J.

 

Recording for February 02, 2023 Conference Call with Rajiv S. Khanna

Immigration.com

Citizenship and Naturalization

Discussion Topics, Thursday, February 02, 2023:

FAQ: Criteria for national interest waiver || NIW for physical therapists || Multiple companies applying for H-1B Cap registration - H-1B lottery || Can H-4 visa (no EAD) holders take an unpaid internship? || Can H-4 EAD start a Business in any State? Can a relative's company file H-1B? || H-4 visa dependent children change of status to F-1 before 21 || Filing H-4 and H-1 simultaneously || Status of F-1 once H-4 is approved || Most efficient way to get EAD F-1 or H-4?