Our client, a former Tri-Valley University of California (TVU) student who was left out of status due to unexpected closure of TVU, applied for reinstatement to student status. He retained us to respond to the Request for Evidence (RFE) he received on his reinstatement application. There were several serious issues raised by USCIS in the RFE. One of them was that the USCIS alleged that the online classes our client took at TVUdisqualified him from full-time F-1 student status. We prepared a comprehensive response and documented our client’s entire case
The period of time when an F-1 student’s status and work authorization expire through the start date of their approved H-1B employment period is known as the "Cap-Gap".
I sought Mr. Khanna's advice and he took all the time to listen to me and povided the required guidance. He did this even when i am not a client. I deeply appreciate his help and advice.
I am currently on F-1 Stem OPT, and my H1B got approved this year a few days back. My current company is shutting down its operations and moving everything to Mexico.
1. They have given me the last date of employment as 31st October 2022. So my question is how soon can I change my employer and can I transfer my H1B to a new employer before 1st October 2022?
2. Also, if I can do my visa transfer only after October 1st 2022,?
3. Can I do that with 1 paystub, or will I require 2 paystubs?
1. You are fine because you are going into the fiscal year of the government, which begins on October 1st and that makes you exempt from the H-1B quota forever.
2. You can change your employer even now if your current employer won't revoke before October 1st. If you are nervous about that you can file for a transfer after October 1st.
3. You do not need any particular number of pay stubs.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Discussion Topics:
FAQ: Was Green Card approved in error? Time taken by the USCIS to respond to an E request for correction, travel?|| Entry into the U.S. using the Advance Parole after green card approval during a trip abroad ||
Rajiv Khanna Law offices is a very professional unit of people who help you right on the point. The best service and clear distinction offered by them stands in the way they present the case as it is and also with the right kind of knowledge in the limited amount of time available to make a decision. I am grateful for their truthful advise on my travel during H1B approval.