H-4 EAD

Can H-4 visa (no EAD) holders take an unpaid internship?

Question details

I am an LLM student on H4 (no EAD). My college offers paid and unpaid supervised externships (optional classes) for 2/3 credits as part of our course. Can I participate and work in an unpaid supervised externship on H4 without EAD?

Video URL
FAQ Transcript

Sure. I don't see any problem for you, the employer should watch out for themselves.

 

Criteria for national interest waiver || NIW for physical therapists

Question details

I am on H-1B working in the IT industry. My wife has H4 EAD, and with the same status, she is working in the hospital as a Physical Therapist.

1. Can her employer file for GC while she is on H4 EAD status?

2. If she is eligible for NIW, could you please let me know if the PWD and PERM are both required if her employer file for GC?

3. Can she use my priority date to file an adjustment of status?

 

Video URL
FAQ Transcript

1. Absolutely 

2. I doubt it.

3. No she cannot. That is one thing husband and wife cannot transfer to each other their priority date.

 

Recording for January 19, 2023 Conference Call with Rajiv S. Khanna

Immigration.com

FAQ: Entering the U.S. on a visitor visa while green card is pending |Qualifying for Visa Waiver Program (VWP) | Spouse visa through H-1, L-1, or O-1 | Any special visas for UK, EU, Singapore, Dubai or Australia || Qualifying for EB-1C green card by working abroad for a year | Expected processing times for EB-1C for an L-1A visa holder from India || Consequences of employer withdrawing I-485 Supplement J || Layoff while on an H-1B visa - what if I cannot find a job in 60 days?

Recording for January 05, 2023 Conference Call with Rajiv S. Khanna

Discussion Topics

FAQ: Effect of typos on immigration documents || Concerns about EB-1C Green Card Portability || Who is required to pay for an EB-1C Green Card? || Can too many parking tickets affect Green Card or Citizenship process? ||

H-4EAD visa holders opening an LLC in the U.S. and employing their H-1B holding spouse on concurrent H-1B

Question details

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?

Video URL
FAQ Transcript

Sure why not as long as you are truthful with the government. Concurrent H-1Bs do not require Lottery again.

 

 

Recording for December 15, 2022 Conference Call with Rajiv S. Khanna

Nonimmigrant Visas

FAQ: Explaining PERM Prevailing Wage Determination (PWD) and its elements || Recapturing H-1B unused time (Remainder Option); Changing H-1B field; USCIS’s stand on combining degree and work experience || H-4 EAD visa holders opening an LLC in the U.S. and employing their H-1B holding spouse on concurrent H-1B || Gap in status, for instance, H-1B and H-4 status issues || Eligibility for EB-1A (Extraordinary Ability)

What happens if I get laid off while holding a work visa (H-1B, L-1, etc.)?

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Immigration Law

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

Question details

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?

Video URL
FAQ Transcript

The problem with H-1Bs is that you cannot be working for any other company including your own. The  smart thing would be to let your wife start her own business. She can manage, run and own the business. You could be a passive owner without any active participation. 
 

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Recording of October 27, 2022, Free US Immigration Community Conference Call with Rajiv

Immigration Law

FAQ: What happens to H-1B after Green Card approval? || OPT eligibility requirements, F-1 status for one academic year, and Change of Status or visa stamping from back to H-4 || PERM issues for a green card for remote jobs - headquarters || Can an H-1B visa holder rent via Airbnb? Is this a violation of status? || How long does it take from PERM to Green Card, and difference between NIW and PERM Labor Certification? || Applying for E-2 Visa with a pending family-based Green Card; who can be the main applicant for an E-2 visa? ||