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Unemployment Benefits for H-1, H-4 + EAD Holders with Previous H-1B Employment

1 year ago By Chief Editor
Question details

Can someone in H4 + EAD status receive unemployment benefits if they only worked on H1b status? Would receiving such benefits be considered a public charge or have any other negative impact down the road?

 

FAQ Transcript

Unemployment benefits in the US vary by state and can be complex. If you are an H1B visa holder who has been laid off, you may be eligible for benefits during your 60-day grace period, but it's important to confirm with your state's unemployment office. Regardless of your visa situation, it's important to remember that unemployment benefits are considered an earned benefit funded by your employer's contributions, so there's no public charge concern. Always check with your state's unemployment office for specific requirements and the application process.

 

April 13, 2024, Rajiv in QnA session on behalf of students, young professionals

1 year ago By Chief Editor

Immigration.com

Nonimmigrant Visas

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Recording for April 25, 2024 Conference Call with Rajiv S. Khanna

1 year ago By Chief Editor

Immigration.com

Nonimmigrant Visas

Green Card

FAQs:

1) H-1B lottery layoff before start, Automatic status change, Multiple filings, and Traveling

2) Layoff during Self-NIW application, changing jobs with NIW not yet filed, pending, or approved

3) What is Cap Gap extension? How does it work?

4)Is it COS to change from cap-exempt H-1B to cap H-1B?

Recording for March 28, 2024 Conference Call with Rajiv S. Khanna

1 year ago By Chief Editor

Immigration.com

Nonimmigrant Visas

Green Card

Discussion Topics:

FAQs: Staying outside the US on Re-Entry Permit Validity, Usage, and Multiple Entries for Green Card Holders || Unemployment Benefits for H-4 + EAD Holders with Previous H-1B employment 

Rajiv's Comments in the News - H1B, green card nightmare,’ Indian lawyer exposes US job market’s hiring freeze, racism

8 months ago By Chief Editor

Published by: The Financial Express - April 06, 2025

https://shorturl.at/dkbWQ

Quotes and Excerpts from Rajiv in the article:

Rajiv S Khanna, an Arlington-based immigration attorney disclosed that F-1 and H-1B visa holders often turned to the recently shot down office “when they hit bureaucratic roadblocks within US Citizenship and Immigration Services (USCIS) that threatened their legal status and livelihoods.”

For more information on this news, please see the attachment.

Rajiv's Article - Enhanced social media vetting for student and exchange visas - What you need to know

8 months ago By Chief Editor

Published by: The Economic Times - Date: April 04, 2025

https://shorturl.at/xyEtn

Synopsis

The State Department's new social media screening measures affect F-1, M-1, and J-1 visa applicants, requiring mandatory reviews under certain conditions. These include broad interpretations of terrorist support and criteria for hostile attitudes toward U.S. institutions, potentially leading to visa revocations.

For more information on this article, please see the attachment below.

B-2 extension/F-1 Change of Status: Can I stay in the U.S.?

8 months ago By Chief Editor
Question details

My H-1B to B2 status change (I-539) was approved, and the I-94 expiry date on my B2 approval notice is 21 April 2025.

Now, if I apply for a B2 extension or F-1 change of status, then can I stay in the USA after 21-Apr-2025 while my decision is pending?

 

FAQ Transcript

Yes, you can generally stay in the US while your B-2 extension or F-1 change of status application is pending, provided you file it before your current status expires. This applies to most applications filed while still in status (e.g., H-1, B-1, B-2, L-1, E-1, E-2). If your I-94 expires on April 21st and you apply for a B-2 extension or F-1 change of status before that date, you can stay in the US while your application is pending because you filed it timely.

H-1B entrepreneur, starting an MEP design firm, Employer-employee relationship, and transitioning to self-employment

8 months ago By Chief Editor
Question details

I am a mechanical engineer currently working as an MEP design engineer, and I hold a professional engineer (PE) license in North Carolina. I am on an H-1B visa with an approved I-140.

With the recent rule changes, I wanted to understand whether I can open my own MEP design firm while on H-1B status without maintaining an employer-employee relationship. Additionally, would I be allowed to start the company while maintaining my current full-time job and transition to running the firm full-time once I build up a client base?

 

FAQ Transcript

Yes, you can incorporate a company while on an H-1B with another employer, but you cannot actively conduct business for your own company without violating your H-1B status. To operate your own company while on H-1B, you would need to transfer your H-1B to your own company or obtain a concurrent H-1B for your company, which requires demonstrating an employer-employee relationship and meeting salary requirements. There are practical difficulties with this, including funding your own salary.

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