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F-1 visa stamping and stamping in third-country; Automatic Visa Revalidation (AVR)

10 months ago By Chief Editor
Question details

I am in the US with an approved COS from B2 to F1, so my F1 visa is yet to be stamped on my (Indian)Passport.

1. My STEM masters program is for 9 months, and my I20 has a start and end date of 2 years(2026). Do I have to stamp before the end of 2 years to avail myself of the OPT and STEM validity?

2.I might have to visit a family member in Canada sometime in mid-2025 after my master's program has started. Is it advisable to go to Canada since I do not have the F1 stamped on my Visa? If I can visit, then will I require a different visa?

3. Is it possible for me to schedule my F1 Visa stamping in Canada during the visit? Or would you advise something different here? Or is it better to get it stamped in Mexico?

FAQ Transcript

If you are on an F-1 visa converted from B-2, your visa stamp is only necessary if you plan to travel outside the U.S. While in the U.S., your status is governed by your I-94, which typically says "DS" (duration of status) and remains valid as long as you maintain your student status.

If traveling briefly to Canada or Mexico for under 30 days, you can use Automatic Visa Revalidation (AVR) to return without a visa stamp, provided you haven’t applied for and been refused a visa during your visit. Scheduling visa stamping in Canada is risky—if denied, you lose AVR eligibility and must return to India to reapply.

State Dept. Notice on Exchange Visitor Program Fees & Charges

12 years ago By Editor

[Federal Register Volume 78, Number 20 (Wednesday, January 30, 2013)]
[Proposed Rules]
[Pages 6263-6269]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-01555]

---------------------------------------

DEPARTMENT OF STATE

22 CFR Part 62

[Public Notice 8163]

RIN 1400-AD28

Exchange Visitor Program--Fees and Charges

AGENCY: U.S. Department of State.

ACTION: Proposed rule with request for comment.

Work authorization, visa stamping, and optimal strategy for a laid-off H-1B professional

1 year ago By Chief Editor
Question details
  1. I was on an H-1B visa and got laid off. I then switched to a B2 visa to extend my stay in the US after the 60-day grace period. My B2 visa is about to expire. I can request an extension of the B2 visa, but I want to enroll in a master's or a PhD program. Once I switch to an F1 visa, will I be allowed to work on H-1B (or any other visa) if I get a full-time job during my course period? If I am allowed to work, can I also continue my course?
  1. When the F1 is approved, will I have to leave the US to get my visa stamped and re-enter (as I am currently on a B2 visa)?
  1. What would your suggestion be considering the different visa options I have? Should I extend my B2 visa or switch to an F1 visa?
FAQ Transcript
  1. Absolutely, you can convert back to H-1B, and you can continue your course.
  2. No.
  3. If you think you can find a job in the next six months, stay on the B-1/B-2. But if you think that's dicey or unknown, I would rather have you spend your time studying, getting more education, and, if possible, getting curricular practical training.

Recording for July 11, 2024 Conference Call with Rajiv S. Khanna

1 year ago By Chief Editor

Nonimmigrant Visas

Green Card

FAQs: Eligibility for 1-year H-1B extension under 365-day rule based on PERM filed on November 1, 2023 || Assessing eligibility and strengthening profile for EB2-NIW application without a research background

Recording for August 08, 2024 Conference Call with Rajiv S. Khanna

1 year ago By Chief Editor

Nonimmigrant Visas

Green Card

FAQs: NIW Required commitment duration, Adjustment of status, Naturalization considerations, and Interim work status option || Impact of DWI conviction on H-1B holder's H-4 dependent visa stamping and future travel considerations || H-1B extension pending: Impact of traveling to India using old visa, returning with 2-3 days remaining on visa, etc. || H-1B options as an F-1 student on STEM OPT in a nonprofit university: Cap-subject vs. cap-exempt strategies and transitioning to cap-subject H-1B in the future

SEVIS II Guidance: Addressing DSO Questions About SEVIS II

14 years ago By Editor

As many of you know, SEVP and its partners at the Department of State (DoS) have been working toward a two-phase deployment of SEVIS II. Phase one, the creation of customer accounts and the migration of school and sponsor records, was planned to start in March of this year, and phase two, full operating capability, was planned to deploy in October. This schedule has changed. For the reasons described below, a final decision on the schedule has not been reached. However, we can say that SEVIS II will not be deployed this year.

Recording for September 05, 2024 Conference Call with Rajiv S. Khanna

1 year ago By Chief Editor

Nonimmigrant Visas

Green Card

Topics for Discussion:

Can I use my USCIS case status approval page to extend my H1B visa beyond six years, or are there other ways to obtain my I-140 approval document? || H4 transfer, H4 EAD renewal, automatic extension of EAD || J-1 waiver and H-1B, what are my visa options? || H-1B transfer and PERM based GC || F1 CPT and change of status to H-4 visa || Travel on H-1B Visa || EB-2 and I-140 approval || Eligible to apply for citizenship? || Parallel COS application timeline from H-1 to F2 Visa || H-1B transfer to new employer || H-4 and EAD, automatic EAD extension

Recording for September 26, 2024 Conference Call with Rajiv S. Khanna

1 year ago By Chief Editor

Nonimmigrant Visas

Green Card

Topics Discussed:
FAQs: EB-2 NIW I-140 portability for employer-sponsored cases || Concerns regarding nonpayment of wages and potential H-1B impact || Maintaining LPR status (Green Card) during extended absences for employment || Rising NIW rejection rates: Examining changes in eligibility criteria

Recording for February 20, 2025, Conference Call with Rajiv S. Khanna

9 months ago By Chief Editor

Immigration.com

Nonimmigrant Visas

Green Card

 

FAQs:

1. Can I volunteer with a Non-Profit while on any temporary visa (for example, F-1 OPT)?

2. Options after layoff on approved EB-1 - Compelling circumstances EAD and GC EAD conversion

3. NIW I-485 rejected: Refiling options and priority date usage?

H-1B layoffs: 60-day grace period, visa options, and transitioning to study

1 year ago By Chief Editor
Question details

- H1B 60-day grace period starts on the date of getting notice of layoff from the employer, on the date of the severance paycheck, or on the last date of the regular paycheck?

- During H1B 60-day grace period, what is the best time to apply for B1/B2? When 30 days are left, 15 days are left, etc.?

- H1B is for 6-years of work, or 6-years total? I mean does unemployment time or B1/B2 time etc. also counts in 6-years of H1B?

- After layoff on H1B, if decided to go to school, then how to stay in US until getting admission decision and until school starts, that could take many months.

- After layoff on H1B, what is the better option to choose between B1/B2 and F-1?

 

FAQ Transcript

The H-1B 60-day grace period starts the day after your last pay period or working day, whichever is later. It's best to apply for a B1/B2 visa around the 50th–55th day (depending on how you apply online or by email) if transitioning and an F-1 visa if planning to study. The grace period counts toward the H-1B six-year cap, but B-1/-B2 time does not. For detailed scenarios and advice, refer to the video.

Rajiv's Comments in the News - By Weaponizing Arrest Records and Suspending Due Process, the Trump Administration Has Targeted Over 1,000 Foreign Students

7 months ago By Chief Editor

Published by: Drop Site News -  April 20, 2025

https://www.dropsitenews.com/p/deportation-students-ice-dhs-visas

Quotes and Excerpts from Rajiv in the article:

Extending B-1/B-2 visa for mother with health concerns – Options for caregiving in the US

8 months ago By Chief Editor
Question details

The question is regarding my mother, who comes on B1/B2 every 6 months. My father expired during the COVID-19 pandemic, and she stays alone in India. My brother and I both live in the US. He is on an H1B visa, and I am on an H4 visa. My mom is also suffering from arthritis and is not able to walk much.

Is there a way we can extend her B1/B2 instead of sending her back to India? She has nobody to look after, and we are under a lot of stress as we are settled here and can't be in India for six months.

FAQ Transcript

Yes, it may be possible for the mother to obtain a B-1/B-2 visa and potentially extend her stay in the US to help her children who are on H-1 visas. While not explicitly stated in law, there's a policy principle, often related to "cohabiting partners" as outlined in the State Department's Foreign Affairs Manual, that allows for B-1/B-2 visas in situations where close relationships exist, but dependents don't qualify for F-2 or H-4 status (like a parent of an H-1B holder).

This approach has been used successfully in the past for extended stays. However, it's not guaranteed and can be subject to the discretion of individual immigration officers. There's a risk of encountering issues or receiving requests for further evidence that may not make sense, requiring further action.

 

Recording for May 29, 2025, Conference Call with Rajiv S. Khanna

6 months ago By Chief Editor

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Nonimmigrant Visas

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FAQs: New 5% remittance tax bill for non-US citizens: Will it pass and are non-citizens eligible for tax credit?|| Will admitting to an unsuccessful job search affect my B-2 visa extension approval?

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