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.
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FAQs: - Green card processing, F-1 visa, and H-1B transition: Travel and work considerations - Difference between H-1B consular processing and change of status
I am on an F1 visa, and My spouse is on a Green Card. My Green Card through my spouse is under processing(I-130 under Review). I am graduating in March 2024. My questions are as follows:
At what stage in my Green Card Processing can I start traveling outside the USA?
Let us consider my GC is still under processing by the time I graduate and enter the job market:
A)Can my employer file an H1 while my Green Card is under processing?
B)Given my H1 got picked, will there be any issue for me to travel to India to get my H1 stamped?
If your green card application is family-based, such as through your spouse, and you have student status, it could potentially become a problem if you travel. In your case, I would suggest traveling only after you obtain either an H-1B visa stamping or Advanced Parole.
A. Certainly, there is absolutely no problem with that; a green card can be in process, and an H-1B can be filed.
B. No. The pending green card application should not hamper or impede the grant of an H-1B visa because the H-1B is a dual intent visa.
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.