FAQ H-4 EAD Issues:
Travel while EAD is pending; filing I-539 with I-765; I-140 withdrawal
Discussion Topics, Thursday, 23 February 2017:
FAQ: The new regulations, withdrawal of I-40, H-1 extensions; Will H-4 EAD Rule be revoked? || Can pending immigration applications be affected by changes in the law?|| Entering the USA on B-1/B-2 visa to get married; Misdemeanor conviction effect under Trump executive order; Legal rights/benefits of Green Card compared to H1B; Using for green card experience gained with end client; Automatic Visa Revalidation (AVR) traveling to Canada.
Other: PERM advertising requirements, salary; Does CSPA protect based upon an old I-140/PERM? || L-1A eligibility if visiting the USA frequently; Reopening abandoned green card case; I-140 revocation for errors; Changing from H-1 to H-4 while transfer is pending; H-4EAD and back to H-1; EB-1A for a computer professional; Consular processing of green card; Effect of affidavit of support; Counting H-1B period while COS is pending; etc.
FAQs: Filing Supplement J, staying without work on EAD, H-1B denial effect on I-485 Age Out/CSPA for children immigrating to the US
OTHERS: Completed I-765 form with a mistake, will the application get rejected || I-140 is withdrawn before 180 days of pending I-485 and EAD application || WD 7A1 stamp and future vacation travel to US || B-2 visa duration and extension || Getting a US Passport under Section 320 for a Minor || Wait for H-4 EAD or convert visa from H-4 to F-1 (finishing graduate degree online) by traveling to India for visa stamping || On F-1 visa stamped for 5 years for 1-year graduate course and unclear when required to leave || Applying for a re-entry permit after receiving green card || USCIS Receipt Notice Delays for I-140/EB-1C || H-1, H-4, EAD expiring: H-1 extension already filed || B-2 extension and RFE responses for parents during covid || Applying for H-4 after marriage with an approved I-140 || Moving to H-1B from Adjustment of Status if currently working on EAD || L-1A Stamping in Canada instead of India - Advantage || Maintaining H-1B status while waiting for green card || AOS filing and processing questions with H-1 and H-4 parents and child on F-1 now over 21 || Downgrading and processing time issues.
FAQ: Converting from B visa to any other status such as H-1B, etc.
FAQs: Removing spouse from green card processing || Multiple green card petitions simultaneously and exploring concurrent filing of EB-2 NIW || What are the consequences of H-1B or green card fraud or misinterpretation? How does it affect my departure, assets and financial matters? || Transitioning from H-1B to I-485 GC EAD: maintaining status and re-employment considerations
FAQs: Volunteering on a non-profit board committee while on H-1B or H-4 visa: Implications for visa stamping and green card process
FAQs: Do Canadian citizens need US visas? Canadian citizenship and F-1 Exploring permanent work and stay options in the U.S. for Canadian Permanent Resident Preparing for birth certificate issues in USCIS applications: Affidavits, DNA tests, and timing considerations H-1B approved after the lottery, can we change employers? Multiple employers in H-1B lotteries Paystub requirement for H-1B transfer eligibility: Is it mandatory? Delays in marriage-based immigrant visa processing: Expedite options and travel issues
I am in my first year of OPT and eligible for a STEM extension. If selected in the H1B lottery on the first attempt, can I delay activating my H1B to fully utilize my STEM OPT? Would this be advisable, and what are the potential benefits or risks?
If you have time left on your STEM OPT but have won the H-1B lottery, you can technically opt for H-1B consular processing and continue using your STEM OPT. However, since 2023, this approach has become riskier.
The safer option is to proceed with an H-1B change of status. If you delay the H-1B activation and later face job loss, transferring the H-1B could be more complicated. While consular processing is still possible, it carries uncertainties. If it were my case, I would choose the change of status for a more secure transition.