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Criteria for national interest waiver || NIW for physical therapists
I am on H-1B working in the IT industry. My wife has H4 EAD, and with the same status, she is working in the hospital as a Physical Therapist.
1. Can her employer file for GC while she is on H4 EAD status?
2. If she is eligible for NIW, could you please let me know if the PWD and PERM are both required if her employer file for GC?
3. Can she use my priority date to file an adjustment of status?
1. Absolutely
2. I doubt it.
3. No she cannot. That is one thing husband and wife cannot transfer to each other their priority date.
FAQ: Multiple companies applying for H-1B Cap registration - H-1B lottery
I am an international student currently of F-1 visa status and will be graduating in May-23. I have the below questions:
1. Can multiple companies / employers apply for H1-B on my behalf in this upcoming H1-B cap pool?
2. If yes, is there a possibility that the employers might get to know about this?
3. Should my name in the passport and birth certificate match exactly? My birth certificate has an abbreviation my last name but my passport has my complete last name.
When there is no connection between two companies, and they are not colluding to help somebody get an H-1B visa or increase their chances of getting selected in the H1B lottery, multiple companies can file. Interestingly, even different units within the same bigger company could file if they have a genuine need and not face any issues.
Can H-4 visa (no EAD) holders take an unpaid internship?
I am an LLM student on H4 (no EAD). My college offers paid and unpaid supervised externships (optional classes) for 2/3 credits as part of our course. Can I participate and work in an unpaid supervised externship on H4 without EAD?
Sure. I don't see any problem for you, the employer should watch out for themselves.
Recording for March 09, 2023 Conference Call with Rajiv S. Khanna
Immigration.com
Nonimmigrant Visas
Green Card
FAQs: Volunteering on a non-profit board committee while on H-1B or H-4 visa: Implications for visa stamping and green card process
Can H-4 EAD start a Business in any State? Can a relative's company file H-1B?
Can an H4 EAD holder start a business in any state, or do they have to be in the same state as the primary applicant's H-1B?
Another question is can a relative's LLC file for H-1B if they have a need and it aligns with my MS coursework?
It can be done, but H-1B is not complicated that's absolutely straightforward.
H-4 visa dependent children change of status to F-1 before 21
My daughter was born in Canada and is on my H-1 visa as an H-4 dependent. She is currently studying 2nd year of her Bachelor's degree and will turn 21 in July/2024. I have a couple of questions, and they are
1. By what date/age she needs to change her status from H-4 to F-1?
2. Once on F-1 status, are there a minimum number of months/semesters/years she has to complete before being eligible for a CPT or OPT?
- She needs to file for a change of status before she turns 21.
- I believe it is two full semesters one academic year, double check that with the DSO.
USCIS Issues Guidance on Analyzing Employers’ Ability to Pay Wages
Release Date
U.S. Citizenship and Immigration Services issued policy guidance (PDF, 313.21 KB) on how USCIs analyzes an employer’s ability to pay the proffered wage for immigrant petitions in certain first, second, and third preference employment-based immigrant visa classifications.
Volunteering on a non-profit board committee while on H-1B or H-4 visa: Implications for visa stamping and green card process
Can a person on H-1B or H-4 visa be on the Board committee (Vice President) for the US based non-profit religious organization without pay (volunteer) ? Would it create any issue on visa stamping or GC process?
You can work if the company is non-profit. There is no issue as long as you do not get paid in any way. If it is a for-profit company you could have a problem unless they tailor make the program according to the principles of labor laws.
March 3, 2023, Rajiv in QnA on behalf of students and young professionals
Nonimmigrant Visas
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
USCIS Announces Additional Mail Delivery Process for Receiving ADIT Stamp
Release Date
Lawful permanent residents may receive temporary evidence of their lawful permanent resident status by mail rather than physically visiting a field office to receive an Alien Documentation, Identification and Telecommunication (ADIT) stamp (also known as an I-551 stamp).
Lawful permanent residents are entitled to evidence of status and may require temporary evidence of their status in the form of an ADIT stamp if:
Update to Filing Location for U Nonimmigrant-Based Form I-485
U nonimmigrants applying to become lawful permanent residents must now file Form I-485, Application to Register Permanent Residence or Adjust Status
Recording for March 23, 2023 Conference Call with Rajiv S. Khanna
Immigration.com
Nonimmigrant Visas
Discussion Topics - March 23, 2023
FAQs: Handling H-1B visa and layoff : What happens if I get laid off before or after stamping my visa in India? || Marriage and relocation to the U.S. : Quickest path for prospective fiancé of U.S Citizen living in India || AC21 AOS portability: Pending AOS I-140 withdrawn before 180 days || What to do if one is in India during the PERM and I-140 process ||
FY 2024 H-1B Cap Season Updates
Release Date
H-1B Initial Electronic Registration Selection Process Completed
March 25, 2023, Rajiv in QnA on behalf of students and young professionals
Nonimmigrant Visas
Immigration Law
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
March 10, 2023, Rajiv in QnA on behalf of students and young professionals
Nonimmigrant Visas
Immigration Law
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
Recording for March 06, 2025, Conference Call with Rajiv S. Khanna
Immigration.com
Nonimmigrant Visas
Green Card
FAQs: Should I maintain my H-1B during I-485/AOS pendency? || H-1B and I-140: Moving to India & Future Return to the U.S .|| H-1B working remotely from India
H-1B and I-140: Moving to India & Future Return to the U.S.
I would appreciate some insights on my H-1B and green card process. Here’s my situation:
I currently have an H-1B visa valid until July 2027.
My company has filed for PERM with a priority date of October 2024.
If things go as expected, I anticipate my I-140 approval around May 2026 (with premium processing, if things go smoothly and I receive my DOL approval around Feb 2026, calculating around 15+ months from Oct 2024).
I’m considering moving to India around January/February 2027, which would be about 180 days after I-140 approval (if that helps retain I-140 benefits even if I go to India; if not, I would be moving earlier).
My questions:
Impact on H-1B if I move to India
What would happen to my H-1B if I joined a different employer in India?
What happens if I stay with the same U.S. employer but work from India?
Returning to the U.S. after H-1B expiration
If my H-1B expires while I’m in India and I haven’t renewed it, let's say that in the future, I will get an employer and want to re-enter the USA. Would the process be expected for the employer, like filing for a change of employer and me getting a new stamp in the Indian embassy, or would it have some additional complications?
I-140 and Priority Date Retention
Will my I-140 priority date remain intact if I am in India and later re-enter the USA for a different employer based on the answer to the above question?
If I get a new job in the U.S. later, what must my future employer do to transfer or use my existing priority date for the new green card process?
If you move to India (or another country) after your I-140 approval, your H-1B with your current employer will likely be revoked unless they continue paying your U.S. salary. If your H-1B expires while you are abroad, you can return to the U.S. on H-1B with any employer, as your I-140 remains valid after 180 days. However, you must restart your green card process with a new employer. Your I-140 priority date remains intact, even if you switch from EB-2 to NIW or EB-1A.
Should I maintain my H-1B during I-485/AOS pendency?
I hold an H1B Visa, and it is time for an extension. At the same time, I applied for my I-485 a few years ago, and I recently renewed my EAD, which is valid for 5 years. My priority date is June 2013. At this time, I am a bit confused about whether to move on to EAD or if I should continue to extend my H1B. If, for any reason, my H1B extension goes wrong, will I still be able to use my EAD? Thank you always for your support.
You should maintain your H-1B while your I-485 (AOS) is pending. If something goes wrong with your I-485, you could end up without legal status or work authorization, creating complications. Keeping your H-1B (or L-1) active provides a backup. While your spouse can use an EAD, losing their status is less risky than the primary applicant losing theirs.
H-1B working remotely from India
I received my H-1B visa in September 2022 and worked at my company’s Scottsdale, Arizona office until March 2024. Since then, I have been working remotely from India for the same company and role. My H-1B visa is set to expire in September 2025.
I have a few questions regarding the extension process:
1. Does my employer need me physically in the U.S. to apply for my H1B extension?
2. If yes, what alternatives are available for my employer to apply while I am abroad?
3. Given that my visa expires in September 2025, when should I start the extension process at the latest?
No, your employer does not need you to be physically in the U.S. to apply for your H-1B extension. You can start the extension process up to six months before your H-1B expires, which means you can apply as early as March 2024 for a September 2025 expiration.