I went to the US in May 2014 on H1-B working for Employer A. In Feb 2016, I moved to work for Employer B (small US based company, on other offices) with H1-B transfer receipt.
The new job was remote work, so I started working from home for Employer B. I received RFE in April 2016 and I went to India the same month. While I was in India, the transfer got approved in June 2016 and I came back to the US with the approval notice as proof. My visa was getting expired in Sep 2016, so extension was filed with Employer B. The extension also got approved after RFE and extended till Sep 2019. <br>
Current Situation:<br>
Now, I came to India in Jan 2017 for my marriage. I went for visa stamping in Delhi with my wife (for H4) in Feb 2017. The visa officer asked me about my Role, client, and other common questions which I answered correctly. VO then collected my documents (I-129, client letter etc) and handed me 221(g) letter saying that he needs some time to review the documents. We left the embassy and the wait started.
In March 2017, I received an email from embassy asking for the latest LCA which I promptly provided.
After that there was no response for a few months, and I started working from India in US hours. Since my employer is a small company, they did not hire any attorney and did the processing themselves. They also did not seem to put any effort to expedite or help the process.
In July 2017 (after 5 months), I received a call to collect the passport. On collecting the passport, the stamping was not done and I received a letter stating that my stamping is being refused and visa is sent to consulate for revocation.
This came as a shock. I notified my employer, they were disappointed and did not know what can be done about this case. When I enquired, they said they don't want to spend more resources on this case and are fine with me continue working from India (reduced salary).
<br>1. Is it possible to have the case reconsidered and to know the exact reason for refusal? If yes, how would I go about it without the support of my employer?<br>
2. If this is only for stamping, how long will my extended visa be valid? Can I try the stamping again with this employer or find a new employer from India and use the same visa with them?<br>
3. What happens to my assets (personal stuff, bank accounts, etc) in US?<br>
4. If I can legally work for the same employer, how does it affect my taxes? Do I now pay taxes in India and in US both? Since when I can be considered liable to pay tax in India (when I came to India or stamping refusal date etc)?
Video Transcript
1. Not until a notice of intent to revoke is sent.
2. This case is going back to USCIS.
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
Discussion Topics, Sept 21, 2017
EB2 to EB1 conversion - F-1 to H-1B - L-1 to H-1B - Travel on H-1B - H-4 EAD - Fiancee Visa
I am staying here in the US from last 4 years 10 months and have I-140 approved (Received approval Jun '17). To fulfill personal commitments, I am going back to India in Dec '17 for some time however my H1B extension is still in progress (Filed in Aug '17). I am not sure whether the result will be out before my travel.
My question is -<br>
1. If I change the employer in India, is there any way I can come back? What all options I will have?<br>
2. Can my new employer eligible to transfer my H1B from India in case current extension gets approved or RFE or Denial?
Watch the Video on this FAQ: Effect of moving abroad while still on H-1B visa
Video Transcript
1. Yes, I think you can keep that H-1B alive as long as that job is there.
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
1. I have joined a company based on H1b transfer receipt and have got RFE of LCA wage level 1. If, by any chance, the petition gets denied then can the same employer file for new h1b transfer with LCA wage level 2, right after the denial? <br>
2. Is it advisable to find another employer and start a new h1b transfer processing while the current one is still under RFE received/response status?
Watch the Video on this FAQ: Denial of H-1B on Level 1 wage issue
Video Transcript
1. Now if somebody's H-1 gets denied for level 1 job the same employer can file for level 2. But there should be a good reason or explanation if the government asks questions like: why are we going to level 2, why did we not go with level 2 the first time around.
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
Discussion Topics
FAQ: When does one become H-1B cap exempt? || Filing EB-1C, International Managers or Executives green card || Erroneously given longer duration on H-1B than eligible || Porting green card to a self owned company under AC21 portability || AC21 green card portability for a lateral move from developer to analyst || Revocation of H-4 EAD rules || H-1B RFE for specialty occupation || TN applying for green card ||
Other: I-94 through new company H-1B || Issues related to H-1B transfer, not joining an employer, etc. || Changing for H-1B to H-4 EAD and back to H-1B || Denial of I-751 to remove conditional status’; NTA issued || Green card AOS/I-485 interviews for employment based applicants || Background checks for visa stamping || I-824 processing times for obtaining duplicate approval notice || Refund of premium processing fee || Getting F-1 visa from a consulate while family-based green card is pending || Effect on green card application of change in job duties/salary|| Traveling after green card approval, etc.
Discussion Topics, Thursday 13 July 2017:
FAQ: Evidence or documents created after the filing of a petition || H-4 EAD when an I-140 is revoked after 180 days || Can a green card be started on F-1 status? || New regulations, effect on layoff after I-140 approval || Reentry permit to preserve green card and extensions || I-94 given for a shorter duration at the airport than the petition approval date ||
Other: Deportation for crimes || Changing status after marriage in the USA || Revocation of I-140 after 180 days || Effect of minor violations on immigration status || Filing H-1 amendment, etc. || Removal of condition, Form I-751 || Multiple I-94 issued || Changing status when a change of status petition is pending || PERM - effect of variation in job description/requirements || Getting a copy of I-140 by filing FOIA with USCIS || Applying for change of status to H-1 || Calculating deadlines for RFE response falling on holidays || Changing status from H-1 to F-1, etc.
I am currently on F1 in OPT status and working for Employer A, my Employer A filed for H1b this year. and I am currently waiting for my H1b approval Approval. Can my Employer start my green card process when I am in F1 status?
Watch Video on this FAQ: Can a green card be started on F-1 status?
Video Transcript
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
I have an H-1B visa stamped from employer A and the employer B has filed my H-1B (Transfer visa) based on the H-1B petition visa from employer A. Now, my H-1B visa filed by employer B is on RFE and my employer A wants to file the GC based on my previously approved i-140 from employer C. Below are my questions: <br>
1. Can I reject the offer from employer B and still continue to work with employer A on current Visa if my H-1B from employer B is approved?<br>
2. Can I reject the offer from employer B and still continue to work with employer A on current Visa if my H-1B from employer B is denied?<br>
3. In case my visa from employer B is rejected do I need to leave the country and come on the stamped visa which I have now?<br>
4. Can I ask employer A to file my Green Card even if my H-1B from employer B is rejected or approved without any issues or do I need to provide any visa documentation to employer A on my petition from employer B being approved or rejected?
Can I immediately file the Green Card with employer B (after joining the employer B office) if my visa from employer B is approved?
Watch the Video on this FAQ: Can I join my old employer if the H-1B transfer is denied?
Video Transcript:
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
F-1 students who have an H-1B petition that remains pending on Oct. 1, 2018, risk accruing unlawful presence if they continue to work on or after Oct. 1 (unless otherwise authorized to continue employment), as their “cap-gap” work authorization is only valid through Sept. 30.
Discussion Topics, Thursday, October 25, 2018:
FAQ: Travel during N-400 naturalization process || Impact of extending B-1 B-2 stay || Filing H-1B without an end client letter (supplied later)||NTA in employment based visa
Other: Marry a LPR holder || Changing jobs on the AC21 using supplement J || F-1 STEM OPT || Port back from EB3 TO EB2
FAQ's
Impact of unlawful presence || Unlawful presence for minors ||How can I downgrade from EB2 to EB3 and the consequences || Traveling abroad while H4 EAD is pending || Filing change of address || Starting business while on student visa || Being without a job on AC21 || Citizenship for employees of consulting companies who have projects in different cities after green card || The new restriction on 12 months of CPT OPT combined – – consequences of H-1B denial on OPT || Not worked for green card sponsoring company – – fraud implication for naturalization/citizenship ||
Other
Applying for a visa || Details of applying for a spouse based green card || Cancellation of visa at the airport || Applying for H1 visa || Quitting green card job after getting green card || quarter exemption scratch that H-1B quota exemption || CSPA || Applying for H4 visa while H one extension is still pending
I am from India, and I am currently doing my masters in the U.S. My goal is to build my startup as I m doing my masters. Therefore, before coming to the U.S, I have incorporated a C Corp in Delaware with me and my brother as the owners. I don't want to violate my F1 status, therefore, even though I have incorporated the C Corp, We are not actively doing any work since I am not sure working on my startup in University will violate my status. I have tried getting in touch with International student services but I have not gotten a clear response on how I can run my startup as an international student while being on F1.
Watch the Video on this FAQ: Starting business while on student visa
Video Transcript
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
I am currently on F1 visa and working on CPT. My H1 petition was picked in the lottery this year and status changed to RFE 2 weeks ago. I wanted to know if August 9 unlawful presence rule applies in my case i.e; if I get a response for RFE after Feb 4 2019, that completes 180 days.
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
Topics of Discussion: Reentry permit|| OPT STEM extension|| I-485 RFE and EAD Card|| F2A priority date and filing I-485|| Apply for COS to F-1 visa|| Convert to O1 visa and then to GC|| Passport Impounded in INDIA: H1B Visa status invalid?
I will become a US citizen in Jan. 2010. My wife is an F-1 student but will graduate on 12/12/09. Is there any problems if I file I-130/485 for her be the end of her grace period(2/10/10)?
I do not see any problem if the 130/485 is filed during the 60 days following the F-1. In any case, she can and should apply for OPT.
Discussion Topics, Thursday, May 27, 2021
FAQ: Not reporting change of address to the USCIS - Naturalization || Chances of getting an F-1 Visa when B-1 Visa was rejected earlier 214(b) denial
Discussion Topics, Thursday, April 29, 2021:
Release Date
WASHINGTON—U.S. Citizenship and Immigration Services today announced that F-1 students seeking optional practical training (OPT) can now file Form I-765, Application for Employment Authorization, online if they are filing under one of these categories:
I am an international student on F-1 from France, I just finish my semester and I am now transferring to a new school starting classes early October. Since I have almost a month off, I had thought once I get my new I-20, about going back home in France for a couple of weeks, but when I said that to my new school advisor, he suggested that I shouldn't travel overseas until the thanksgiving break comes and after classes start, however; I am not sure that this information is correct. I thought that once I have my new I-20, I could go home and come back without any problem. Should I go or not?
I do not know the details of your case or your SEVIS status. If your International Students Advisor is experienced in immigration law (most of them are), you should take their advice but ask them to tell you the reason.
Today I got NIE waiver approval from the US consulate. They sent the approval mail with a passport number. I have a valid USA visa. I am planning to travel back to the USA in a week. What doc's required to travel ? or NIE waiver is sufficient?
You have not told us what type of visa you possess. In addition to the NIE, you must meet all the usual requirements for your visa type.
Note: For the NRI readers, The Economic Times has started an immigration helpdesk. A team of experts which includes Rajiv S. Khanna will address the most pressing issues. Please see the link below.
Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
What is the situation for F-1 and J-1 students to travel or travel back to the United States?
F-1 students who already have their visa stamped on the passport can travel back in July. Those who do not have a visa stamping will have to wait for either the consulates in India to open (currently processing only emergency visas, which could include imminent academic session), or try obtaining a student visa in a country other than India. J-1 students will need to apply for National Interest Exemption, which should be given, but only when the consulates open for business.
Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.