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H-1B transfer: Managing multiple offers and timelines to avoid future green card complications

10 months ago By Chief Editor
Question details

I have accepted the first company’s offer, and it has filed for my H1B transfer. Now, I want to sign an offer from Company two and potentially join it. So, should I make the company speed up the process and delay joining the company in order not to get issues during the green card process? What if the company forces me to join?

 

FAQ Transcript

You can file multiple H-1B transfers simultaneously, and it's legal. Approval of one transfer doesn’t obligate you to join that employer, nor does it affect your existing H-1B status with your current employer. You can choose to join any employer whose transfer gets approved, provided all transfers were filed while you were in valid status with your current employer.

However, if your H-1B validity is close to expiring (e.g., within 6 months), later-filed transfers may require "bridge petitions" to maintain continuity of status. Consult an immigration lawyer to ensure proper handling and avoid complications.

 

Can L-1A holders or applicants also apply for the H-1B lottery?

10 months ago By Chief Editor
Question details

I worked in the US for the last 3 years on STEM OPT but did not get selected in the H1B lotteries. I returned to India in June 2024 and have been working with the same company since then. My employer plans to file my L1A visa petition after July 2025.

Can I also participate in the upcoming H1B lottery?

Would applying for the H1B affect my L1A petition?

Additionally, given that I have worked outside the U.S. for a year within the last five years with the same company, is it possible to transition from H1B to L1A status?

FAQ Transcript

Yes, L-1A holders or applicants can also apply for the H-1B lottery. Filing for H-1B will not impact your L-1A application unless there’s a discrepancy in the job descriptions for the two applications.

Additionally, if you’ve worked outside the U.S. for at least one year in a managerial role, you can transition from H-1B to L-1A later.

 

H-4 working in the US on her Indian business

10 months ago By Chief Editor
Question details

My status: H1B + i140 approved (6 months completed)

Wife's status: H4 (applied for H4-EAD in July 2024)

My wife has a small business In India that she operates from here. She is currently in India (has been in India since Nov'24) and is traveling back to US (Jan'25) via Abu Dhabi.

1. Is she allowed to work for her India company in US? Everything she earns is in INR

2. If asked at port of entry, do you work in India, should she say yes or no?

FAQ Transcript

An H-4 visa holder operating a small business in India from the U.S. could potentially violate their visa status, even if earnings are in Indian rupees. At the port of entry, honesty is essential—lying could lead to a permanent U.S. entry ban, which is hard to waive.

While it's unclear if this constitutes a status violation, it’s a borderline case. To avoid risks, it’s advisable not to engage in such activities while on H-4 status.

USCIS Forms Update - Form I-129, Petition for a Nonimmigrant Worker

5 months ago By Chief Editor

USCIS recently updated the following form:

Form I-129, Petition for a Nonimmigrant Worker

01/20/2025 12:37 PM EST

Edition Date: 01/20/25. Starting July 30, 2025, USCIS will accept only the 01/20/25 edition. Until then, you can also use the 01/17/25 edition. You can find the edition date at the bottom of the page on the form and instructions.

For more information, please visit the Forms Updates page.

Recording for July 10, 2025 Conference Call with Rajiv S. Khanna

4 months ago By Chief Editor

Immigration.com

Nonimmigrant Visas

Green Card

 

FAQs: What are the risks of job seeking while on F-2 or B-1/B-2 status post-H-1B layoff || F-1 COS -- Risks of future denials, job search, and visa stamping with multiple status changes || H-4 extension (I-539) abandoned by travel? Re-filing strategy after re-entry with new I-94

What are the risks of job seeking while on F-2 or B-1/B-2 status post-H-1B layoff

4 months ago By Chief Editor
Question details

I am currently on an H1B visa and, unfortunately, I’ve been laid off. My last working day will be July 31st. I'm evaluating my options to maintain legal status in the U.S. after that date. The two primary paths I’m considering are:

Filing a Change of Status to B1/B2 (Visitor Visa). Filing a Change of Status to F2 (Dependent on my wife’s STEM OPT)

I saw your post on LinkedIn where you mentioned that USCIS has recently issued RFEs in B1/B2-to-H1B conversion cases, citing that seeking employment while on a B status may constitute a status violation.

My question is:

If I change to F2, would I face similar scrutiny during a future change back to H1B, especially if I'm job hunting while on F2?

Does job searching or interviewing while on F2 (without actual employment) violate the terms of that status? Also, I'd greatly appreciate your insights on the pros and cons of switching to F2 vs. B1/B2 from a strategic and compliance perspective.

 

FAQ Transcript

Seeking a job while on F-2 or B-1/B-2 status after an H-1B layoff carries no inherent risk, as the prohibition is on doing the job, not looking for one. While some individuals have faced challenges from USCIS when converting back to H-1B, the speaker views such objections as unfounded. Even in a worst-case scenario, an H-1B approval might necessitate a brief departure and re-entry to the U.S.

 

F-1 COS -- Risks of future denials, job search, and visa stamping with multiple status changes

4 months ago By Chief Editor
Question details

My question is regarding conversion from H-4 to F-1. I landed in the US on an F-2 visa, which was later converted to an H-4. So I don't have a sticker visa on my passport. Now I'm trying to gain admission to a university and change my status to F-1 again. Would I face any issues in this matter now or later? If I don't manage to get a job later, would I still be able to stay and convert back to H-4, or could I possibly face a denial?

Secondly, if I go back home and get a visa stamp, can I face any potential problems because this is going to be my second master's and I've gone through three visa status changes in a short period?

 

FAQ Transcript

No, there's no limit to how many times you can change your immigration status within the U.S. As long as the changes (e.g., F2 to H4 to F1) are legitimate and not just for "fun," they should not pose a problem for future denials or visa stamping.

 

H-4 extension (I-539) abandoned by travel? Re-filing strategy after re-entry with new I-94

4 months ago By Chief Editor
Question details

I wanted to seek your guidance regarding my pending H4 extension application. Below are the details:

I am on H4 status with my current visa valid until August 29, 2025.

My husband’s H1B extension has been approved, and we filed my H4 extension (I-539) along with his H1B. I received my receipt notice on April 2, 2025. Due to a family health emergency, I traveled to India on April 29, 2025, and re-entered the US on June 18, 2025, using my valid H4 visa. Upon entry, I received a new I-94 valid until [insert the expiry date on your new I-94 here, e.g., August 29, 2025]. I would like to confirm:

Will my pending H4 extension (filed prior to travel) be considered abandoned due to my departure from the US while it was in process?

Should I apply for a new H4 extension application? Is it recommended to recall the current H4 extension application and immediately fill a new H4 extension? Or should I wait till I get my H4 withdrawal approved?

If so, do I need to file a new H4 extension application before the expiry of my current I-94 to maintain my status beyond that date? 

Is there any additional action you recommend in this situation to ensure uninterrupted H4 status?

 

FAQ Transcript

Your H-4 extension (I-539) will not be considered abandoned even if you travel internationally and re-enter with a new I-94 while it's pending. It's a common, though undocumented, rule that travel is permissible during an extension application, unlike a change of status. You do not need to refile your H-4 extension. For peace of mind, you can contact USCIS customer service to confirm.

USCIS Reaches Fiscal Year 2026 H-1B Cap

4 months ago By Chief Editor

U.S. Citizenship and Immigration Services has received enough petitions to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year 2026. 

USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed for current H-1B workers who have been counted previously against the cap, and who still retain their cap number, are exempt from the FY 2026 H-1B cap. USCIS will continue to accept and process petitions filed to: 

Another Problem for Legal Immigration - NTAs (Removal/Deportation Despite Legal Stay)

4 months ago By Rajiv S. Khanna

Another Problem for Legal Immigration - NTAs (Removal/Deportation Despite Legal Stay)

July 24, 2025

Community members and our lawyer colleagues have shared their stories. It appears:



1. The NTAs are getting resolved quickly, where you are still in the grace period and/or have a B-type petition pending. Motions to terminate are working.



2. The hearing dates are also being given in a few days or weeks.



3. The percentage of NTAs is relatively small.

Does Unlawful Presence Continue to Accrue While Fighting an NTA?

4 months ago By Chief Editor
Question details

Can I receive a Notice to Appear (NTA) for deportation even if I have legal immigration status or a pending application?

This question is particularly important because continued accrual of unlawful presence during removal proceedings can trigger the three-year or ten-year bars, severely limiting future immigration options.

General Rule: Yes, Unlawful Presence Continues

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