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Guestbook Entry for Rishab Chawla, United States
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June 8, 2024, Rajiv in QnA session on behalf of students, young professionals
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Rajiv's Article - Is it a good idea for laid off H-1B workers to switch to a US tourist visa, and back again? Open Primary tabs configuration options Primary tabs
Published by: The Economic Times - Date: May 25, 2024
https://economictimes.indiatimes.com/nri/migrate/is-it-a-good-idea-for-…
Synopsis
H-1B 60 days grace period H-1B transfer; Impact of switching to B-1/B-2; and family visa validit
1. I am currently in a 60-day grace period due to a layoff and am in the process of finding a new employer to file an H1B transfer. I have two questions regarding my situation:
If I apply for a B1/B2 visa on the 59th day of my grace period and it is approved within two weeks, can my new employer still file an H1B transfer using premium processing?
2. Specifically, I am concerned about the impact of my status change from H1B to B1/B2 and then back to H1B on the processing of the transfer.
3. My family members hold a valid US visa stamping until March 2027, which was obtained using my previous employer's I-797. Can they enter the US using this existing visa with a copy of my new employer's I-797 at the port of entry?
- No, because if you are on B-1 or B-2 status, then you are not on H-1B.
- If the B-1 or B-2 status is approved, then it obviously replaces the H-1B.
- You can maintain the H-1B only if necessary.
Recording for June 20, 2024 Conference Call with Rajiv S. Khanna
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FAQs: Moving to India in 2025 on H-1B extension, I-140 portability, and future U.S. opportunities || Extending parent's stay in the U.S. beyond six months on a B-2 visa
Moving to India in 2025 on H-1B extension, I-140 portability, and future U.S. opportunities
I need to relocate to India for family reasons in 2025. My I-140 has been approved for over 180 days, and my initial H1B visa is valid until August 2025. I want to keep my options open if I decide to return to the US in the future.
1. Is there any difference in moving to India before or after filing for my H1B extension if I plan to return to the US with the same or different employer?
2. Additionally, is there a time limit within which I must return to the U.S. with the same or a different employer with an approved I-140?
3. Do I need to go through the H1B lottery again anytime if I want to return in the future?
4. Does it matter if my PD is current when I return to the US?
- There is no difference.
- Definitely, in about six years, there will be no issue.
- No.
- Yes, that can be a problem.
Work authorization, visa stamping, and optimal strategy for a laid-off H-1B professional
- I was on an H-1B visa and got laid off. I then switched to a B2 visa to extend my stay in the US after the 60-day grace period. My B2 visa is about to expire. I can request an extension of the B2 visa, but I want to enroll in a master's or a PhD program. Once I switch to an F1 visa, will I be allowed to work on H-1B (or any other visa) if I get a full-time job during my course period? If I am allowed to work, can I also continue my course?
- When the F1 is approved, will I have to leave the US to get my visa stamped and re-enter (as I am currently on a B2 visa)?
- What would your suggestion be considering the different visa options I have? Should I extend my B2 visa or switch to an F1 visa?
- Absolutely, you can convert back to H-1B, and you can continue your course.
- No.
- If you think you can find a job in the next six months, stay on the B-1/B-2. But if you think that's dicey or unknown, I would rather have you spend your time studying, getting more education, and, if possible, getting curricular practical training.
EAD and H-1 Conversions for Derivatives
Here is another set of questions that may be of interest to you folks.
Facts from one of our clients
I have applied for 485 as the primary applicant and my wife is the secondary applicant. Right now both of us are on H1 visa. We had applied for EAD and AP and intend to apply for renewal soon as we near 120 days.
I am on my 7th year of H1 and my wife is on 2nd year of H1 and 3 year of (H1 and H4 combine). Her current H1 expires on April 2010.
I intend to remain on H1 itself and have no intentions of using my EAD.
Can you please clarify these questions.