The following discussion applies to all visas where working is not permitted. Most typical examples of these types of visas are F-2 and H-4. The question often arises whether or not it is legal for such folks to volunteer their time or are they constrained to stay at home.
Quote: Q. May an H-4 (or F-2 type visa) holder volunteer for work to provide charitable service, to gain experience or just to stay busy?
I have a friend who came to US on H4 & was on H4 for 2 years. Then she applied for H1B from 2 companies (A & B) & got approved from both the companies. She got the project in Oct 2008 & started working for Co B .
Now due to bad economy, her Project is ending in January 2009 and she is not able to find any new project.
While working she have been paying taxes regularly.
Pl let us know what needs to be done now:-
* She is planning to go back to H4, pursue higher studies, Changing to F1 & then coming back on H1B work. (H4-H1-H4-F1-H1) or (H4-H1-H4-H1).Will this create Bad impression to USCIS ?
* When next time the H1B petition is being filed for her, will her petition be subject to regular H1 B quota of 65000 & will have to go through a typical process of filing, that means Petition being filed in April & waiting for approval until Oct. to work?
* If in case My friend goes back to H4, Will Co. A & B will terminate H1B petition as per law? & If in case yes will this create any difference?
Changing the way she is planning is perfectly legal. There is no question of a "bad impression."
In my view, she will not be subject to quota unless she is outside USA for a year.
The companies are required by law to revoke her H-1. I see no issues there.
Facts - I am on an L1 visa working for employer A and my wife is on L2-EAD. We both applied for H1 visa through Employer B and it got approved recently. I am not sure if Employer B (Consulting Company) has applied for COS while applying for both of ours H1 visa. Could you answer the following queries for both (COS applied and COS not applied) conditions during H1 application.
Questions
Have a situation. My company applied for Labor in oct 2007 which got approved and we filed I-140 (EB-2) in april 2008. We got a RFE in Sep 2008 and reply recieved by the USCIS on oct 16th 2008. Mean while my 7th year of H1b was approved and now it expires on Nov 2009. We have not received any updates on my case and its been >90 days. My current lawyer now says that I should apply for EB-2 NIW as a back up. My concerns are:
1. If my current I-140 gets rejected will my 7th year of H1b be revoked? since it was based on labor pending?
2. What will be my options if it gets denied( can I file for Motion to reconsider). Will I still be in Status and work till nov 2009?
3. Will they extend my H1b beyond nov 2009 if the MTR is not resolved by then?
4. If at all everything is rejected what can I do to start residency in july if I match?
If all else fails what are my options to continue working in the US?
My wife is on her independent H1B visa and I have 2 US citizen kids. I also have a US citizen brother( dont know if that would help any)
Generally speaking, NIW is a lousy back up for a number of reasons. But I say this not knowing the merits of your situation, as your lawyer does.
I have recently gotten engaged to a green card holder. We are making plans for our wedding, very likely to happen this year. However, the following questions arose:
1. Does the fact that I already hold another Master and a Ph.D. degrees accelerate my green card application? I understand that the backlog is of 5-6 years, but I wonder if my advanced education will assist my application.
2. My H-1B application last year was approved, but I did not use the visa, as I decided to go back to school for (yet!) another degree. Will the approval of the H-1B be looked at favorably, unfavorably, or will it not make a difference?
3. I am currently an F-1 holder. If I marry my fiance' this year, may I simply maintain my Visa independent of his? I am eligible to an OPT after I graduate (to happen this year or in mid-2010) and I am certain I will be able to obtain an H-1B afterwards. Therefore, I do not depend on my fiance' to keep a legal status in the country. Is it legal (or advisable) to keep my Immigration records separate from his?
4. How about when we file for taxes, after the wedding happens? May we file separately, or do we need to declare we are married?
1. Advanced degrees do not help in a family-based green card.
Discussion Topics, Thursday, January 04, 2024
FAQ: Holding two full-time IT jobs on H-4 EAD || Transitions From H-1B job loss to B-2 status and impact on future H-1B employment || NIW Criteria || H-1B laid off: grace period, last employment date, health insurance, and legal stay during change of employer
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Release Date
Will Also Introduce Online Filing for I-129 H-1B Petitions and H-1B I-907 Premium Processing Service
WASHINGTON—U.S. Citizenship and Immigration Services today announced the upcoming launch of a package of customer experience improvements for H-1B cap season. The measures are expected to increase efficiency and ease collaboration for organizations and their legal representatives.
I entered the country back in 2019 to complete my Masters degree (F1 Visa). I am on an H1-B visa, which was approved last year (10/01/2022 - 10/10/2025). However, I have yet to go to India, so visa stamping is incomplete. I got laid off on December 14, 2023, so I am on my 60-day grace period. Suppose I cannot secure a new role within the 60-day grace period. In that case, I am considering changing my status to a B2 visa to extend my stay and continue looking for an opportunity. However, since my H1 visa is not stamped, will that create an issue filling for a change of status to a B2 visa? And when I land a new job returning from B2 to H1, would that be an issue since the visa won't be stamped either?
As long as you have a change of status, such as an F-1 to H-1B change, visa stamping is not an issue when transitioning from a B-2 to H-1B. The key consideration is the validity of your I-94 while inside the USA.
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Discussion Topics:
FAQ: H-1B lay off 60 days grace, options including B-1/B-2, approved I-140, Severance pay || Optimizing H-4 EAD options and bundling premium processing for H-1B and H-4 extensions || Implications of visa fraud by an employer on H-1B, L-1, green card, citizenship || Advantages of a National Interest Waiver, transitioning to EB-1, entrepreneurship, and H-4 employment for spouse
Release Date
Announces FY 2025 H-1B Cap Initial Registration Period and Online Filing of H-1B Petitions
Currently on an H-4 visa valid until June 2024. I'm seeking your advice as I try to figure something out.
I'm a bit unsure about when to apply for my Employment Authorization Document (EAD), and I am considering the following options:
Option 1: Apply for H4 EAD now (first time - applying separately) since my I-94 is valid until June 2024. If I do this, can I keep working after June 2024 while the H4 extension and H4 EAD are in the approval process if the H4 extension is applied before June 2024?
Option 2: Apply for H4 EAD (first time) + H1B extension + H4 extension using the Premium processing option, probably during June 2024. Will the H4 EAD be approved in 15 days if all three (H4 EAD, H1B extension, H4 extension) are applied together in premium processing? Also, will the H4 EAD have a validity of three years if the H1B and H4 extensions are approved for three years?
Please guide me on which option is simpler and better or any other better solutions.
Handling H-4 and H-4 EAD options can be complex due to inconsistencies in government procedures following a lawsuit settlement. Initially, bundling H-1B premium processing with H-4 and H-4 EAD requests was agreed upon, but subsequent inconsistencies have caused uncertainty for applicants.
In considering options for extending H-4 status, it's crucial to note limitations such as the inability to work beyond the I-94 expiration. Exploring the bundling option cautiously, and attaching a copy of the settlement decision to the application, is recommended.
Overall, careful consideration and documentation are essential in navigating H-4 and H-4 EAD applications amidst uncertainties in government procedures.
I am exploring my options to file a new H1B and would be great if you could provide any suggestions or insights on my current situation.
My details are -
1) I have my I140 approved in 2013 with an Employer (XXX IT Services Inc) and had multiple successful H1B extensions until 2017.
2) My latest.H1B had an I-94 expiry date of May 30, 2017. The extension was timely filed on May 16, 2017.
3) The work location changed in October 2017 and an Amendment was filed when my above H1B extension petition was still pending.
4) Amendment Petition was upgraded to premium service in December 2017.
5) I continued to work for it until September 2019 as no decision was made by USCIS on my amended petition.
6) I exited the USA in October 2019 to join my wife and kids who were stuck in India for all these years.
7) In the middle of the year 2020, administrative processing was lifted on my petition and an RFE was issued. However, as I was already out of the USA, no response was given.
At this point, I came to know that my Employer (XXX IT Services Inc) got into a visa fraud and money laundering case and served a jail sentence as well by 2020. Employees weren't made aware of it at all. Probably that's the reason for not hearing this long.
My questions are-
(A) Will USCIS consider my stay between May 2017 and October 2019 as unauthorized, will there be a 10-year bar on me?
(B) Can I apply for a waiver of inadmissibility on the grounds of an administrative processing hold on my last petition and I left before the decision was taken?
(C) Will my employer's visa fraud case impact my H1B approval in the future?
Visa fraud by an employer typically doesn't affect individuals if they aren't involved. As long as you were not complicit, your stay shouldn't be considered unauthorized, and there's no 10-year bar. Future H-1B approvals might have delays, but if you weren't implicated, there should be minimal impact on your immigration status.
Can one do two full-time jobs in IT/Software development when on H4 EAD? Is there any downside to it on any kind of future approvals by USCIS?
As an H-4 EAD visa holder, you have the flexibility to hold multiple full-time IT jobs or work in any field without constraints on location, offering more rights compared to an H-1B holder. H-4 EAD visa holders can also start their businesses, hire employees, and have the freedom to choose when or if they want to work.
Many have asked this question before, but since rules and situations are always different, so here I go - I'm on H1B with an approved I-140.
A layoff recently impacted me - my last day on payroll is 10th Feb 2024. I will also receive a severance (lumpsum) within 75 days of Feb 10th. My questions are -
1) Given the market, it may take more than April 10th to finalize an offer and start the H1B transfer. What are the options ( if any ) to extend my stay beyond April 10th?
2) Many suggest applying for B1/B2 (I'm single, have no spouse to move to H4, etc), but I also hear if it's rejected then the time of my stay after April 10th will be an illegal presence, is that true?
3) Say I receive the severance lump sum on March 15th -- are the days from Feb 10th until March 15th counted on company payroll?
The grace period after a layoff begins after the last pay period ends, lasting either 60 days or the remaining time on the I-94, whichever is less. Options for extending stay legally include derivative visas (F-1, H-1, L-1), practical training, or applying for a tourist visa (B-1/B-2), with guidance for applying for a B-1/B-2 visa.
Regarding visa rejection misconceptions, rejecting a change of status application to B-1/B-2 within the 60-day grace period does not result in an illegal presence. However, applying after this period without legal counsel may lead to unlawful presence. As for lump sum severance pay, uncertainty exists regarding its classification as regular salary for visa purposes. It's recommended to base the 60-day grace period from the date of stopping work for legal safety.
1. On my H-1B visa, my last day of employment was date X, but my last paycheck was until date Y but this paycheck was for Severance pay. So, my H-1B 60-day grace period has started from date X or date Y?
2. Is it mandatory to have health insurance during H-1B 60-day grace period or beyond, and would it affect status or future visa/immigration if failed to get health insurance for some time?
3. If H-1B change of employer is filed during H-1B 60-day grace period, but during this transfer process 60-day grace period is ended, then is it legal to stay in the U.S. during this period while H-1B change of employer is in process? Or is there a way to stay in U.S. during that period?
The grace period begins after the last pay period covered by the paycheck, not the last date of employment. Health insurance is not mandatory during the grace period, but COBRA (Consolidated Omnibus Budget Reconciliation Act) protection is an option. If an H-1B change of employer is filed during the grace period and ends, it is legal to stay in the US, and you can start working once the USCIS receives the papers within 60 days.
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