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Question 1

1. Is it legal for an employee to pay all the expenses of a green card (eb2 / eb3), such as cost of attorney, pwd, recruitment, perm, I140 premium, I485, etc.?

2. Is it legal for employee to pay the cost of h1b premium transfer?

Question 2

My question is related to H1B stamping.

I have a stamped visa till April 2024 from my previous company.

I have a new I-797 from my current company.

Do I still have to go for Visa Stamping if I visit India in December 2023.

I have a valid B-1 visa and have traveled to the US recently in April 2023. Now my H1B petition has been approved, and I am eligible for Dropbox. My employer is telling me that if my case does not get approved in Dropbox, he is asking me to travel on B1 and then get the status converted to H1B. In my I-129, it was mentioned as a change of status, as my I-94 was valid when my H1B was approved. I wanted to know if there will be any issues with coming to the US on B1 and changing the status if they call me for an interview in Dropbox. Also, I want to know if it is possible to switch employers with an approved H1B petition before getting my visa stamped. If I change the employer, will it have any issues?

I have a valid B-1 visa and have traveled to the US recently in April 2023. Now my H1B petition has been approved, and I am eligible for Dropbox. My employer is telling me that if my case does not get approved in Dropbox, he is asking me to travel on B1 and then get the status converted to H1B. In my I-129, it was mentioned as a change of status, as my I-94 was valid when my H1B was approved. I wanted to know if there will be any issues with coming to the US on B1 and changing the status if they call me for an interview in Dropbox. Also, I want to know if it is possible to switch employers with an approved H1B petition before getting my visa stamped. If I change the employer, will it have any issues?

I entered the country back in 2019 to complete my Masters degree (F1 Visa). I am on an H1-B visa, which was approved last year (10/01/2022 - 10/10/2025). However, I have yet to go to India, so visa stamping is incomplete. I got laid off on December 14, 2023, so I am on my 60-day grace period. Suppose I cannot secure a new role within the 60-day grace period. In that case, I am considering changing my status to a B2 visa to extend my stay and continue looking for an opportunity. However, since my H1 visa is not stamped, will that create an issue filling for a change of status to a B2 visa? And when I land a new job returning from B2 to H1, would that be an issue since the visa won't be stamped either?

Currently on an H-4 visa valid until June 2024. I'm seeking your advice as I try to figure something out.

I'm a bit unsure about when to apply for my Employment Authorization Document (EAD), and I am considering the following options:

Option 1: Apply for H4 EAD now (first time - applying separately) since my I-94 is valid until June 2024. If I do this, can I keep working after June 2024 while the H4 extension and H4 EAD are in the approval process if the H4 extension is applied before June 2024?

Option 2: Apply for H4 EAD (first time) + H1B extension + H4 extension using the Premium processing option, probably during June 2024. Will the H4 EAD be approved in 15 days if all three (H4 EAD, H1B extension, H4 extension) are applied together in premium processing? Also, will the H4 EAD have a validity of three years if the H1B and H4 extensions are approved for three years?

Please guide me on which option is simpler and better or any other better solutions.

I am exploring my options to file a new H1B and would be great if you could provide any suggestions or insights on my current situation.

My details are -

1) I have my I140 approved in 2013 with an Employer (XXX IT Services Inc) and had multiple successful H1B extensions until 2017.

2) My latest.H1B had an I-94 expiry date of May 30, 2017. The extension was timely filed on May 16, 2017.

3) The work location changed in October 2017 and an Amendment was filed when my above H1B extension petition was still pending.

4) Amendment Petition was upgraded to premium service in December 2017.

5) I continued to work for it until September 2019 as no decision was made by USCIS on my amended petition.

6) I exited the USA in October 2019 to join my wife and kids who were stuck in India for all these years.

7) In the middle of the year 2020, administrative processing was lifted on my petition and an RFE was issued. However, as I was already out of the USA, no response was given.

At this point, I came to know that my Employer (XXX IT Services Inc) got into a visa fraud and money laundering case and served a jail sentence as well by 2020. Employees weren't made aware of it at all. Probably that's the reason for not hearing this long.

My questions are-

(A) Will USCIS consider my stay between May 2017 and October 2019 as unauthorized, will there be a 10-year bar on me?

(B) Can I apply for a waiver of inadmissibility on the grounds of an administrative processing hold on my last petition and I left before the decision was taken?

(C) Will my employer's visa fraud case impact my H1B approval in the future?

I'm on F-1 OPT with a STEM MS Degree. If I put a startup, I will be performing my roles directly related to the degree.

1) To establish employer-employee relations would having a board of directors be sufficient during STEM OPT?

2) If I apply for EB2-NIW and get I-140 approval then can I immediately shift to other non-tech roles within my startup (CTO -> CEO) Or do I have to wait for 6 months before doing that, all the while when I-485 is pending?

3) If I shift immediately and use I-485 EAD instead of F-1 EAD, then can that lead to I-485 being rejected?

Should I wait at least 6 months before using I-485 EAD? Also, if the startup fails, does that discontinue my I-485 process having approved I-140?

Can one do two full-time jobs in IT/Software development when on H4 EAD? Is there any downside to it on any kind of future approvals by USCIS?

I entered the US to complete my Masters on an F-1 visa in 2018, I got my H1B visa approved in Oct 2022. I was planning to go for a green card through the EB2 NIW route. I have a few questions, which are as follows:

1. Suppose that I got EB2 NIW approved and I am waiting in queue for a green card, but I went back to India and worked in India (employer may or may not be related to the US). Can I collect my GC whenever the priority date becomes current?

2. Suppose that I have already applied for an EB2 NIW visa but then I build my profile and want to apply for an EB1 visa, can I do that?

3. When can I start my business/startup during the EB2 NIW application process? or Do I need to wait until the visa is approved to start a business?

4. When can my wife start working on an H4 visa? Is it during the EB2 NIW application process? Does she need to wait until the visa is approved?

Many have asked this question before, but since rules and situations are always different, so here I go - I'm on H1B with an approved I-140.

A layoff recently impacted me - my last day on payroll is 10th Feb 2024. I will also receive a severance (lumpsum) within 75 days of Feb 10th. My questions are -

1) Given the market, it may take more than April 10th to finalize an offer and start the H1B transfer. What are the options ( if any ) to extend my stay beyond April 10th?

2) Many suggest applying for B1/B2 (I'm single, have no spouse to move to H4, etc), but I also hear if it's rejected then the time of my stay after April 10th will be an illegal presence, is that true?

3) Say I receive the severance lump sum on March 15th -- are the days from Feb 10th until March 15th counted on company payroll?

1. On my H-1B visa, my last day of employment was date X, but my last paycheck was until date Y but this paycheck was for Severance pay. So, my H-1B 60-day grace period has started from date X or date Y?

2. Is it mandatory to have health insurance during H-1B 60-day grace period or beyond, and would it affect status or future visa/immigration if failed to get health insurance for some time?

3. If H-1B change of employer is filed during H-1B 60-day grace period, but during this transfer process 60-day grace period is ended, then is it legal to stay in the U.S. during this period while H-1B change of employer is in process? Or is there a way to stay in U.S. during that period?

I am currently on an H-1B visa. I am planning to start a business with my brother who is a US citizen and needs some guidance.

1) Until the business is operational and generating revenue, can I just be a partner in the company without doing any work visa application with it?

2) Can I have more than a 50% share in that company? If so, would that impact anyhow my H-1B with the current company?

3) In the future, if I want to file for concurrent or full-time H-1b through the new company, is it difficult to get it approved if my brother and I are the partners of the company?

4) Once I am on an H-1B visa in this new company, can the company file for my green card in the EB-1 or EB-2 category?

5) Does the company need to meet any specific conditions before sponsoring for H-1B and Employee-Based Green Card such as being E-Verified or having at least few citizens before hiring non-citizens?