Immigration.com

F-1 to H-1B lottery - How to transfer and change jobs from employer A to employer B?

4 years ago By Chief Editor
Question details

1. I am a F-1 student graduating in May 2021. An employer "X" wants to e-register me for the H1B lottery and I am hoping for a better offer from employer "Y". Suppose I got selected in the H1B lottery filed by "X". Can I start working for employer "Y"? What are my options to work for employer "Y"?

2. Can employer "Y" file my H1B petition even though I was registered in the lottery by "X"?

3. Can I ask "X" to not file an H1B petition after winning the lottery and use F1-opt as work authorization?

4. I am also applying for F1-OPT. Can I use my F1-opt to work till September for "Y" and then use H1B in October to work for "Y" while it was filed by employer "X"? I believe "X" would send an H1B petition with change of status.

 

FAQ Transcript

1. As long as you have your OPT you can work for any employer.
2. No. 
3. Absolutely you can.
4.Yes, absolutely you can.

 

Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

DUI and I-485 approval

4 years ago By Chief Editor
Question details

I'm currently on H1-B visa. I applied for I-485 in October 2020 and I got my EAD/AP card approved. I'm in EB2 category with priority date of March 2011.

I was convicted for DUI in November 2011 and consulted Rajeev Khanna Sir in 2012 through 15 minutes telephone consultation. As Rajeev sir advised, I got the certified copy of court disposition and a letter from criminal lawyer explaining that this is a misdemeanor -- quoting the statute.

So with the first time DUI arrest (in 2011 been 10 years) , I have 2 questions:
1) I would like to know if first time DUI affects my chances of getting I-485 approval?
2) I'm planning to convert from my H1-B status and start using EAD, will it be wise to do that considering the DUI arrest.
 

FAQ Transcript

Answer 1. No, if it's a misdemeanor and the sentence imposed is less than six months normally first time you don't get a sentence at all. You should not have any problem.

Answer 2. I think having an H-1B is a very good idea.

 

 

Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Free US Immigration Community Conference Call with Rajiv (Every Other Thursday), March 18, 2021

4 years ago By Chief Editor

FAQs:

Cap-exempt to cap-subject H-1 H-1B revoked by the USCIS - impact on quota/lottery exemption Doing business on AOS EAD and on H-4 EAD/extension I-485 pending laid off just before getting the green card F-1 to H-1B lottery - transfer and changing jobs from employer A to employer B

Other Topics :

Green Card Renewal - Do I have to be employed in a similar job?

4 years ago By admin
Question details

1. I have employment based green card and is expiring on 03/12/22.I am not employed now. Do I need to be on job at the time of renewal.

2. Can I renew my card or apply for citizenship which is better or do both. Can job be any kind (can be non-related job) or same job.

3. How long one can stay out of country, heard it is not more than 1 year. If I could not return to US and my GC expires, does it treated as abandoned.(it is expiring in a year)

FAQ Transcript

1. No.

2. You can actually do both.

3. The basic idea is if you leave the United States for less than six months at one go usually you are okay, you are not questioned too closely, but more than six months they question you very closely because of certain technical reasons.
At one year outside you lose your green card automatically unless you have something like a re-entry permit. If on the other hand, you are a U.S citizen there is no requirement that you have to stay in the United States. You can stay anywhere in the world, never have to come back again and you would still be a U.S citizen.

 

Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Subscribe to
Law Offices of Rajiv S. Khanna, PC
5225 Wilson Blvd, Arlington, VA 22205
110 W. Johnson St, Suite 213, Staunton, VA 24401

Copyright ©1993-2025, Law Offices of Rajiv S. Khanna, PC. All rights reserved.
IMMIGRATION.COM is a registered trademark of Law Offices of Rajiv S. Khanna, P.C.