US Immigration Questions

I was on F1, and my spouse was on F2. My H1B was approved in 2020 for client A, but COS from F1 to H1B was denied, so I just continued my F1 status. Later, I moved to client B, and my employer filed an H1B Amendment and got the complete approval with I-94, effective 29th April 2022. After approval, we filed I539 for my spouse's COS from F2 to H4 (still pending) with a receipt date of 17th May 2022.

Question: Since there is a gap between my H1B start date (04/29) and my H4 receipt date (05/17), may the USCIS deny our case? If so, what are our best options to proceed further?

My spouse is on H4 EAD, and I'm on H1B. Can she start an LLC and apply for a concurrent H1B for me so I can do two jobs? Please let me know if this is legally possible. Any dangers associated with it?

1. Regarding 'H1B remainder option', what is the time limit (in years) where one can remain outside the US and still recapture their H1B remaining years? I am currently in India and have been here for two years now. I have approx. 4.5 yrs remaining on H1B and would like to recapture it. By when should I find an employer/employment so that I am eligible to use this H1B remainder option?

2. I did a Masters in chemical engineering in the US, and my H1B was issued in 2019. H1B is a specialty occupation, and I was told that H1B could only be used to work in the same field of study, i.e., chemical engineering in my case. However, with this 'H1B remainder option', are you inferring that one can actually change professions and still work in domains like software or finance in the US again?

I am on the H-1B visa right now, still in my initial 3-year window, have this query about Prevailing wages In the Perm process. My company is filing Perm under the EB2 category, it was submitted in September 2022, and the current wait time is around 8-10 months so I am still waiting to hear back from authorities.

1. I had asked my lawyer for a copy of the PWD, but they said it is a company document. Is that correct?

2. When I asked about the wages mentioned in the document, they told me the figure is 123k $ and would be paid to me after the green card is received. This prevailing wage figure is 35% higher than my current wages. Does the prevailing wage figure include cost to the company? ( insurance,401k plan for which company pays for me) or is this figure to be paid to me as a yearly salary? Also, being an Indian, and Since mine is EB2 filing, I may not receive a green card until the next 15-20 years. Is there a way I can negotiate for this salary after the perm is approved?

I have been on H1B for almost 5 years and I recently got my PERM approved. My employer will file for I-140 soon. My question is related to priority dates. I saw one of your videos where you explained that the priority date practically belongs to the employee. So does that mean when an employee gets I-140 approval then the employee can change employer at any time and keep the same priority date for the next filing with the new employer?

What happens if an employee leaves or gets laid off after a month of getting i140 approval and the old employer decides to withdraw/revoke the application? In this case, can the new employer use the same priority date or get the new one for the employee? If a new employer gets the new one then what happens when an employee's 6 yr H1B term has finished before new i140 approval comes, does he/she get extension on H1B based on new application?

I was on H-4, and it was valid till Jan 2023. I got my h1b approved via the Change of Status application and it came along with a new I-94 date. My employer is saying that they need some time to onboard me. They are working on finding a suitable project for me and it is going to take some time. Is it ok to defer the joining date and should my employer or I file any application to let USCIS know that I am not starting the job right away?

Given the current situation with tech layoffs, I wanted to understand the options available for people in my situation.

I’m currently working in the US on H-1B and my GC application (I-485) with PD July 2014 and 485 is in “Case remains pending”.

I have 485 EAD approved till 2024 and Advanced Parole is still pending.

1. Since we only have 60 days on H-1B to find a new job. How easy is it to switch to EAD? Is there a procedure to follow to switch to EAD?
2. Once someone switches to EAD. Can they again switch back to working on H1 after finding a job?
3. Now if someone switches to EAD and their date becomes current before they can find a job. What are their options?

Now if someone switches to EAD and their date becomes current before they can find a job. What are their options?

Also, do we have any info on what the status “Case Remains Pending” means?

I did my Masters in chemical engineering in the US and then worked for an environmental firm in NYC, where my H1B was sponsored. I got my H1B in 2019 (Oct 2019 start date), and then I moved to India in Dec 2020, and it’s been almost 2 yrs here in India.

I have approx. 4.5 yrs remaining on my H1B. My questions are below:

1. Am I eligible to use the H1B remainder option for a different employer under a different field under cap exemption? I want to know if I can work in the business domain and not in the chemical field using the H1B remainder option.

2. Say I find an employer in the US in the business domain who is willing to sponsor me directly? Do I need to apply for a new H1B and go through the April lottery? What are the consequences?

3. Lastly, if I plan to do an MBA, which would be my second master's in the US, is it possible to use the H1B remainder option from my first master's and work in the business domain?

Currently we got H-1 and H-4 approved from Sept 2022 -2025. I am on H- and having difficulties in getting dates for visa. My wife on H-4 was able to book a date. If she goes with both the approvals and I am in US and my H-1 is not stamped. Will there be a problem for her in getting her visa stamped?

Hi Rajiv Sir, I am on H-1B visa. But I was laid off. Due to some personal reasons, I need to go to India for 6 months. Can I apply for a job from India? And will the visa still be valid for obtaining work in the US?