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Consequences of unauthorized employment generally, and for F-1 visa students particularly

2 years ago By Chief Editor

Question details

I am on an F-1 visa. I just need to know what are the consequences of working without authorization. I have a situation due to a hardship problem during the Covid times, I worked for one and a half months (approximately I don't remember exactly). I had a loan that paid my tuition but during the Covid times the bank from my hometown denied the transfer of funds. So, for that particular period I worked because I did not have a choice. All of my family members were fighting the worst covid situation at that time. There are five people in my family; four were in the hospital for weeks. I was not aware that working without authorization is a serious violation of my status.
In the future when I apply for H-1B or apply for OPT, what kind of consequences do I face? What are my options to get out of this situation? Can we get one pardon from the USCIS for this mistake?

FAQ Transcript

The DSO could assist you in this matter and figure something out. But be prepared to leave the United States and secure a job if possible. Keep applying for an H-1B and if you ever get through the lottery and you get an H-1B approval make sure that you reveal in your visa papers that there was a violation. Be truthful about it. Remember this is not a ground for denying your H-1B. Therefore H-1B is definitely a possibility, but getting back the student status may be difficult.

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Extending or Renewing F-1 student visa risks and requirements

2 years ago By Chief Editor

Question details

I have been in the U.S since 2017 and my F1 visa expires this month due to the 5 year validity period.

1. I graduate in December 2022, so is there any risk in renewing my visa this summer? Any chance of rejections?
2. What is the risk involved in renewing my F1 visa in another country besides my country of citizenship? I lived my whole life as a resident in another country without citizenship, but am no longer a resident there, so was wondering if renewing there is fine?
3. Is renewing an F1 visa necessary for OPT? I believe it's not necessary. Is renewing an F1 visa necessary to apply for H-1B and Green card?

FAQ Transcript

1. First of all, unless you are traveling you do not have to renew your visa. If the visa expires while you're still completing your course, it's absolutely no problem.
2. Technically, once your F-1 has been granted, any country should be able to renew it.
3. It is not necessary for both your queries.

STEM OPT students filing OPT and green cards with multiple employers (renowned companies); impact of the size of the company on a green card petition; the impact of working remotely on OPT, H-1B, and green card

2 years ago By Chief Editor

Question details

1. Can I have multiple employers i.e. jobs in the first year of OPT and also after getting STEM OPT extension?

2. Can all my employers start my green process simultaneously?

3. If H-1B COS is approved through one employer i.e. switched from OPT to H-1B, can I still continue other jobs and GC process with them? If not, is there a way to continue all jobs?

4. Does it make a green card case stronger if the sponsoring employer is a big renowned company like Microsoft or Amazon? Also, what about if the company is small?

5. Does OPT, STEM, and H-1B allow you to do a job that allows remote work from within the U.S. regardless of the pandemic? Is such a job eligible for H-1B and green card sponsorship?

FAQ Transcript

1. Yes. STEM OPT people can also have more than one concurrent job, but they have to work with their DSO's to make sure the paperwork is filed properly.
2. Yes, as long as there is a good faith intention to join any one of these employers who can get your green card.
3. Yes, you can. You can have multiple H-1B approvals living together in the same space.
4. It does not impact the speed of the green card. What is most important is the company's financial solvency.
5. Remote work is possible for both OPT STEM, H-1B and Green Card jobs.

H-1B visa stamping

2 years ago By Chief Editor

Question details

1. Is H-1B visa stamping required?
2. Can an H-1B visa be obtained while remaining in the US?
3. Can an H-1B visa be rejected?

FAQ Transcript

1. The answer is No. It is only required if you travel outside.
2. It is a good idea to check with the consulate and they will respond through emails.
3. Absolutely.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Continuing work or reverting to STEM OPT during H-1B Change of Status

2 years ago By Chief Editor

Question details

Q1. If I change my employer while my H-1B COS is filed but not yet approved, then can I keep using my OPT and STEM with my new employer, or I will lose both OPT & H-1B, and will be out of status?

Q2. If my H-1B COS is denied, then can I keep using my OPT and STEM, or I will lose both OPT & H-1B, and will be out of status?

Q3. How often does it happen that H-1B COS, transfer, and renewal get denied? And what could be possible reasons for denial?

FAQ Transcript

1. You can double check with your DSO about the technical issues involved.

2. You have to go back to your DSO and tell them you would like to continue on OPT STEM.

3. All the time.

Recording of Aug 4, 2022, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

2 years ago By Chief Editor

Nonimmigrant Visas

Green Card

Discussion Topics

FAQs: Changing profession after receiving Employment Based Green Card || Eligibility for the EB-1A extraordinary ability category || The H-1B remainder option: Calculating recapture of H-1B unused time ||

USCIS Reaches Fiscal Year 2023 H-1B Cap

2 years ago By Chief Editor

Release Date

08/23/2022

USCIS has received a sufficient number of petitions needed 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 (FY) 2023.

USCIS has completed sending non-selection notifications to registrants’ online accounts. The status for registrations properly submitted for the FY 2023 H-1B numerical allocations, but that were not selected, will now show:

Recording of August 18, 2022 Free US Immigration Community Conference Call with Rajiv S. Khanna

2 years ago By Chief Editor

Immigration.com

Community Conference Call

Agency

Nonimmigrant Visas

Green Card

Discussion Topics, Aug 18, 2022

FAQs: Change of employers after H-1B is approved and before October 1; the number of pay stubs required; revocation of H-1B before October 1 || I-140 was approved and then revoked in 2011. Can I keep my priority date and also apply for I-485? What is the deadline for filing I-485? || Impact of alternate wage survey for H-1B LCA; the success rates of H-1B extensions; AC21 rule when the company is bought by a successor-in-interest

Rajiv's Comments in the News - A second H-1B cap lottery for fiscal 2023 is unlikely

2 years ago By Chief Editor

Published by: The Times Of India: August 22, 2022

Quotes and Excerpts from Rajiv in the article:

According to Rajiv S Khanna, Managing Attorney at Immigration.com, “There may not be a second H-1B lottery this year. The USCIS has electronically issued several ‘non-selection’ notices, which is a step taken only when there will be no more lotteries.”

For more on this news please see the attachment.

National Security Entry-Exit Registration System (NSEERS)

15 years ago By admin

National Security Entry-Exit Registration System (NSEERS) (Port of Entry Registration and Departure Registration Requirements)

Nonimmigrant Visas

General Nonimmigrant Visa

Inviting parents to provide care during pregnancy or postnatal period

15 years ago By admin

Question details

Here's the situation: LPR wife is pregnant, currently visiting her in-laws overseas. The LPR husband will travel overseas later to see his parents and both husband and wife will travel back to U.S together. The couple wants to invite husband's mother who has been rejected twice for a visit visa for tourism purposes. Last rejection was more than a year ago.

Q1.Should the mother take visa appointment for interview before her son arrives overseas to see her so she can tell interviewing officer that she wants to see her son in the States in addition to tourism purposes. This may make her case stronger as a mother wants to see her son.
A1. I am never in favor of trying to manipulate consulates. This could be considered outright fraud. Let us not go this way. Tell the truth. But, do let the consulate know that she is coming as a grandma - not a care taker or a health care employee.

The H-1B remainder option: Calculating recapture of H-1B unused time

2 years ago By Chief Editor

Question details

I had a quick question for you. I worked in the US from 2009 to 2012 on an H-1B visa, left the US in 2012, then came back on a new H-1B visa to work in the US from 2014 to 2017, and then left the US again in 2017. So overall, I didn’t use 3 years on both my H-1B visas. Recently I came to the US on an H-1B visa in mid-2022 using the unused 3 years on my most recent H-1B visa issued in 2014. This H-1B visa expires in mid-2025.

(a) Do I need to leave the US for one year after mid-2025 to be eligible for a new H-1B visa, or am I eligible to apply for a new H-1B visa after mid-2025?

(b) Is it possible for me to recapture unused 3 years on my previous H-1B visa issued in 2009 after my current H-1B status expires in mid-2025?

(c) Is the only way for me to extend my H-1B visa status in the US after mid-2025 is to file for PERM ETA 9089 (pending over a year) or have an approved I-140?

FAQ Transcript

Yes, you need to leave the United States because you have a total of six years. You are using the remainder left on that six years. You should have your ETA 9089 (PERM labor certification) pending for over a year, or have an approved I-140. There is no other way to extend this H-1B.

How soon can I file for an H-1B transfer after joining, and do I need the employer's permission?

2 years ago By Chief Editor

Question details

Q1. After the H-1B COS is approved, how long will I need to work with my current employer before I can file H-1B transfer?
Q2. Do I need permission from my current employer for H-1B transfer?

FAQ Transcript

1. There is no law that requires you to wait a certain number of days before you can apply for a transfer.

2. You can change employers without the first employer's permission. There is absolutely no issue.

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Recording of September 01, 2022 Free US Immigration Community Conference Call with Rajiv S. Khanna

2 years ago By Chief Editor

Nonimmigrant Visas

Green Card

Discussion Topics:

FAQ: What is the meaning of a US “visa canceled without prejudice”? || I have an Approved I-140 from a previous job. My new employer has initiated the PERM. How can I make sure that the attorneys use the priority date from my old I-140? || What are the chances of an H-1B visa (STEM OPT) after completing Masters in the U.S? || H-1B visa holder travels abroad (Canada) for work sometimes; is an H-1B amendment required for change of address or location abroad?

USCIS Updates Guidance Related to Religious Workers

2 years ago By Chief Editor

Release Date

08/30/2022

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to reorganize and expand on existing guidance related to special immigrant and nonimmigrant religious workers.

USCIS to Implement Next Phase of Premium Processing for Certain Previously Filed EB-1 and EB-2 Form I-140 Petitions

2 years ago By Chief Editor

Release Date

09/15/2022

U.S. Citizenship and Immigration Services is implementing the next phase of the premium processing expansion for certain petitioners who have a pending Form I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 classifications.

Status and Unlawful Presence Questions in the Form DS-160

7 years ago By Chief Editor

Question details

Having plans to travel to India in last week of Sept 17 and with my visa stamp on passport expiring on 1st Sept 2017, need to go for visa interview & when I am filling my DS-160, came across the question : Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of a U.S. visa? Considering the above situation, could you please help with what to answer Yes/No. If Yes, what comments to be written in the EXPLAIN BOX .

FAQ Transcript

This is a very generic statement. Do not depend on this as the last word on the subject. Generally speaking, the following two or three rules should be kept in mind. First of all, if you are ever in doubt you are better off saying yes, I was out of status and yes, I was unlawfully present and let the consulate deal with that issue. If you are not in fact not out of status and you are not unlawfully present there is no issue, but if you were out of status or lawfully present and you don't reveal that it can be construed to be fraud or misrepresentation which then becomes a permanent bar from entering the United States. It is a very painful situation. If you tell the truth, no issue. More...

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.

Change of employers after H-1B is approved and before October 1; the number of pay stubs required; revocation of H-1B before October 1

2 years ago By Chief Editor

Question details

I am currently on F-1 Stem OPT, and my H1B got approved this year a few days back. My current company is shutting down its operations and moving everything to Mexico.
1. They have given me the last date of employment as 31st October 2022. So my question is how soon can I change my employer and can I transfer my H1B to a new employer before 1st October 2022?
2. Also, if I can do my visa transfer only after October 1st 2022,?
3. Can I do that with 1 paystub, or will I require 2 paystubs?

FAQ Transcript

1. You are fine because you are going into the fiscal year of the government, which begins on October 1st and that makes you exempt from the H-1B quota forever.
2. You can change your employer even now if your current employer won't revoke before October 1st. If you are nervous about that you can file for a transfer after October 1st.
3. You do not need any particular number of pay stubs.

Impact of alternate wage survey for H-1B LCA; the success rates of H-1B extensions; AC21 rule when the company is bought by a successor-in-interest

2 years ago By Chief Editor

Question details

Impact of alternate wage survey for H-1B LCA; the success rates of H-1B extensions; AC21 rule when the company is bought by a successor-in-interest

FAQ Transcript

One cannot use any wage survey to convince the government that one’s wage survey is as good as the government's own. I think there are about ten requirements that the wage survey must meet. A few requirements are for example the survey must be conducted by a reliable third party, the survey must not be more than two years old, you should be using the most recent copy of the survey, it must have a significant statistical pool from which the survey was conducted. These are a few requirements.

H-1B visa holder travels abroad (Canada) for work sometimes; is an H-1B amendment required for change of address or location abroad?

2 years ago By Chief Editor

Question details

H-1B visa holder travels abroad (Canada) for work sometimes; is an H-1B amendment required for change of address or location abroad?

FAQ Transcript

The bottom line is there is no law that requires you to have an H-1B if you are working from a country other than the USA. Now if you go to Canada and you are a citizen of India and you do not have any work visa in Canada you will probably need a work visa in Canada. But sitting in Canada you could work for a U.S. company. Also the intermittent H-1B allows you to visit the U.S. for a few days as well as months. This is even allowed under the law. I therefore do not see any problem in working from abroad and coming to the USA intermittently.

What are the chances of an H-1B visa (STEM OPT) after completing Masters in the U.S?

2 years ago By Chief Editor

Question details

What are the chances of an H-1B visa (STEM OPT) after completing Masters in the U.S?

FAQ Transcript

One is not sure what the laws are going to be or what the procedures are going to be in another few years. Congress is keenly aware of the perceived shortcomings in the H-1B process. Things might change by that time. It appears to me that having three tries through STEM and having a Master's degree improves your chances.
Please see my blogs and articles for more information.

https://www.immigration.com/blogs

https://economictimes.indiatimes.com/nri/migrate/can-student-visa-holders-apply-for-a-green-card/articleshow/83976519.cms

Recording of Sept 15, 2022, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

2 years ago By Chief Editor

Immigration.com

Community Conference Call

Citizenship and Naturalization

Citizenship

Nonimmigrant Visas

Green Card

Discussion Topics:

FAQ: Was Green Card approved in error? Time taken by the USCIS to respond to an E request for correction, travel?|| Entry into the U.S. using the Advance Parole after green card approval during a trip abroad ||

Recording of October 13, 2022, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

2 years ago By Chief Editor

Nonimmigrant Visas

Green Card

Discussion Topics:

FAQ: Can I change my status from B-1/B-2 to H-1B, L-1, F-1?|| Can an H-1B holder open an LLC in the US and employ their spouse on H-4 EAD? || Parents staying in or traveling to the U.S. while their green card petition is pending? || Volunteer work on an H-1B visa || Deportation when a permanent resident is involved in Shoplifting || 7th year H-1B extension with pending PERM

USCIS Will Only Consider CW-1 Petitions Approved and with Starting Validity on or after June 18, 2020, when Applying the Temporary Departure Requirement

2 years ago By Chief Editor

Release Date

10/27/2022

U.S. Citizenship and Immigration Services is clarifying its Aug. 25, 2020, policy on implementing the requirement that workers leave the United States for at least 30 days after two renewals of their CNMI-Only Transitional Worker (CW-1) visa classification.

Doing Business on H-4 EAD

6 years ago By Chief Editor

Question details

I am on H-1B and my spouse is on H-4 EAD. She got her EAD last year. She would like to do online business where she will sell items online on eCommerce website like ebay, amazon, etsy. These items will be shipped from India. I would like to know if she can do such online business where the items are going to be shipped from India.

FAQ Transcript

Of course on H-4 EAD, she can do anything she likes, she can do online business, sell items on ebay amazon no problem at all. These items shipped from India is perfectly fine.

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.