The New Premium Processing - USCIS Stabilization Act
31 March 2022
Forms |
Response Time |
Premium Processing Fee |
Expected Implementation Time |
---|---|---|---|
Most Form I-140 EB-1, EB-2, and EB-3 petitions |
31 March 2022
Forms |
Response Time |
Premium Processing Fee |
Expected Implementation Time |
---|---|---|---|
Most Form I-140 EB-1, EB-2, and EB-3 petitions |
This is the first in a series of interviews between Rajiv S. Khanna, principle of The Law Offices of Rajiv Khanna, and leading practitioners across the country designed to provide personal and professional insights into various areas of the law.
Please Note: “Reprinted from the April 2016 issue of ALI CLE’s The Practical Lawyer.”
I am a student on F-1 and will be graduating by December 2022. Company A is willing to apply for an H-1B for me this year. I am interviewing with other companies, and I am planning to drop company A as soon as I graduate
1. If I am selected in the lottery and haven't done a change of status, can I continue on F-1 OPT with the other company (not Company A), after graduation?
2. Can Company A retract my H-1B if I leave them?
3. Being on F-1 can Company A start my green card if I win the H-1B lottery?
1. If you file it as a consular processing you can continue working on F-1OPT for that company or another company.
2. Absolutely.
3. That depends upon which country you were born in. If you were born in India that's not such a great deal.
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.
My spouse is currently working on F-1 OPT or H-1 status. How can he/she change to H-4 status and obtain H-4 EAD without a gap in the ability to work?
We have received several requests about how to ensure there are no gaps in a spouse’s ability to work when converting from another work status (such as H-1) to H-4 EAD.
The short answer, as of now (November 2016) is that here is no way to guarantee that there will not be any gap in a spouse’s ability to work. The problems arise from the fact that there can be a gap between change of status to H-4 and receipt of EAD. The law requires that EAD must be approved and the EAD card must be in hand for the H4 holder to work.