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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

Green card processing, F-1 visa, and H-1B transition: Travel and work considerations

1 year ago By Chief Editor

Question details

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?

FAQ Transcript

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.

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Difference between H-1B consular processing and change of status

1 year ago By Chief Editor

Question details

I am on my STEM OPT, and it is valid till July 2024.

My H1B was picked(March 2022) and approved(August 2022) last year.

However, my H1B was approved under the Consulate processing and received ( I-797 B). So, I asked my employer about it and got to know that I can change to H1 status whenever I intend to or after my stem opt expires.

I am planning to go to India in Oct for stamping. So I asked my employer to change my status to H1B, and they mentioned COS is not needed, I can directly go on STEM OPT and get my H1B visa stamped. It will automatically change the status to H1B.

FAQ Transcript

Your employer is correct.

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Recording for October 10, 2024 Conference Call with Rajiv S. Khanna

5 months ago By Chief Editor

Nonimmigrant Visas

Green Card

Topics Discussed:

Concerns regarding nonpayment of wages and potential H-1B impact

4 months ago By Chief Editor

Question details

I arrived in the U.S. in the last week of May 2024, and despite innumerable requests, my employer has not run payroll for the weeks since my arrival. Could this pose any challenges for future H1B transfers, extensions, or I-140 processing? Is there a risk of scrutiny or denial due to this issue? If yes, could you guide how to mitigate this please?

FAQ Transcript

If your employer fails to pay you after starting your H-1B employment, it can pose challenges for future H-1B transfers. To address this:

File a complaint with the U.S. Department of Labor's Wage and Hour Division.
You can file online or by phone (search for "LCA complaint US Department of Labor").
This complaint serves as evidence explaining the lack of pay stubs during future H-1B transfers.
Employers must start paying when you're ready to work or within 30 days (if coming from outside the US) or 60 days (if already in the US), whichever is earlier.
Filing a complaint may help you recover unpaid wages and protect your ability to transfer your H-1B in the future.

Read more about Concerns regarding nonpayment of wages and potential H-1B impact

Recording for October 24, 2024 Conference Call with Rajiv S. Khanna

4 months ago By Chief Editor

Nonimmigrant Visas

Green Card

FAQs: GC approval before AC21 Supplement J could be filed || H-1B grace period eligibility after second layoff and B-1/B-2 visa options for job search