My spouse and I are staying in the USA since last 10 years on work visa H-1B. We have our second daughter born in 2016 who is facing neurological disability which requires long term care and constant therapies. The current scenario is my husband's H-1B has denied and couldn't get back to the USA. I am here in the USA with my both kids on B2 Visa. My both kids are US Citizens. Is there any legislation which can provide legal stay to the parent of a child with disability in the USA?
Video Transcript
The answer is "No". You can stay on a tourist visa. There are no special visas or green card for such situations. More...
Note: 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.
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.
USCIS now interprets the 24-month STEM OPT extension rule from 2016 to require a STEM OPT worker to be placed only at a worksite of the employer. In other words, the USCIS now says that any offsite placement, including at a third-party worksite, is prohibited. Will this affect the H1B petitions filed by employers for such opt students, where they are working at an end client location (not employer location) and the H1B petition was filed with end client details.
First of all to say that USCIS has changed its regulations and they do not allow off-site placements of STEM OPT extensions students is incorrect, because USCIS has said this from a very long time that they are not going to allow these placements. If you are in a situation, what can happen is you could be considered to be out of status for no fault of your own. So if you file an H-1B and if the government says well we think you're out of status hopefully that's all they can do, they can make you go outside the USA for a visa stamping.