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 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.
This article was submitted to and published in The Economic Times.
Link to Rajiv's Author Page in The Economic Times.
Discussion Topics, Thursday, September 02, 2021
My wife is on Day-1 CPT and went for F1 renewal , without asking much question she got 214B denial. So there is an option to re-apply, do you think we should apply again and produce document which shows she got tie ups in home country ?
You can try. 214(b) denials are difficult to overcome and highly unpredictable.
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.
We assisted a client company, who develops its own software products and provides related consulting services in filing an H-1B petition to employ a software developer. An RFE was issued requesting additional information regarding the employer, and additional documentation to show that the beneficiary was engaged in a valid curricular practical training (CPT) and was maintaining a full course study in a master’s degree program at a U.S. university at the time of filing.
Discussion Topics, Thursday, 18 April 2019:
FAQ: Multiple years of CPT|| Options to stay in the USA after expiration of H-1B ||How to get H-1B approved for three years, not shorter duration ||Issues related to tourist visa/business visa (B-1-B-2) extensions ||
Other: H4 EAD expiration ||Green card interview for inter-filing cases ||Stay in the USA while I 485 pending||limitations on working beyond 240 days on H-1B extension pending ||How is the priority date determined? ||The law on Supplement J||Delay in getting physical green card after approval ||What can trigger deportation?||N – 400, naturalization issues
My employer has filed my h1 and asked for a change of status with H1 filing and got an RFE(As i am filing from CPT-F1 to H1) relating to
--Maintenance of Status<br>
--CPT Related<br>
--Multiple years of CPT at the same Education level<br>
The lawyer is asking me to change from Change of status to Consular Processing and go to India and stamped and come back.
Watch the Video on this FAQ: Multiple years of CPT
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.
***President Biden has revoked the Trump Visa Ban IN RELATION TO GREEN CARD PROCESSING ONLY. It should be effective today, Feb 24, 2121. It might take a few days for this to be fully implemented, but the consulates will still operate under the COVID precautions needed locally.
***OPT Students. Rajiv has sent a letter based upon the difficulties he has been asked to address in the last two weeks.
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Discussion Topics, Thursday, 04 March 2021:
FAQ's: How to deal with H-1B employer paying salary less than required || Green Card Renewal - Do I have to be employed in a similar job?
Other Topics: Downgrading from EB-2 to EB-3: Interview process, job responsibility, wages and period of time to change jobs || | If approved EB-1C and GC (consular processing): Impact of delay to move to the US || AOS versus NVC processing for family members in different status || Upgrading to premium processing, while service correction to I-140 pending/options if, spouse moves to EB-3 || Documents required for parents GC || Spouses changing from EB-2 to EB-3 with a new law firm and service center || Maintaining status || Impact of H-4 EAD expiring on spouses || Time estimate for pending asylum review || Impact of moving to a new office branch with AOS pending || Parent on I-140: Impact on 19-year-old son and CSPA || Green Card through Brother or Sister
I am currently working for a Non-profit org on a cap-exempt H-1B. and my company initiated my GC processing. Below are the few questions:<br>
1. Is the GC processing any different thru a non-profit from a for-profit organization? meaning, is it any advantageous to process my GC thru a non-profit?<br>
2. Can my I-140 from a non-profit be transferred to a for-profit org, if I was able to move to a for-profit org?<br>
3. What are the possible ways that I could move to work for a for -profit organizations? From your previous calls and thru my research I found out below few ways that I could to that. Please give your inputs<br>
a. Finding a profit employer to file my cap-subject H1 (Can I start working for my new employer as soon as my H1b is picked in the lottery or approved, instead of waiting till Oct 1st?)<br>
b. If a new employer sponsor my cap-subject H1 and if I dont move to the new employer, will my current cap-exempt H1 be still active and should I have to go under the cap next time I file a Cap-subject H1<br>
c.applying for concurrent H1b<br>
d. Moving on to H4EAD and filing a H1b next April<br>
e.Joining a Masters CPT college and filing a Cap-subject H-1B next year
Video Transcript
1. The answer is No. There is no advantage in going through for-profit or non-profit that's just irrelevant.
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.
As I have used my CPT for more than 1 year at the same master level and already completed OPT for the 1st master and currently working on CPT for almost 2 years. As per Aug 8th, 2018 Memorandum Am I violating the rules and will start counting Unlawful presence from FEB 5th 2019? Or Unlawful Presence should be count from 6 months from FEB 5th 2019 which is AUG 5th 2019? If this is true then what are my options here?
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.
Hello Sir, Thank you for everything you do. I am planning to enroll in a Day 1 CPT MBA program and was wondering if dropping the course midway will affect my chances of getting a future H1-B or L1-A to green card process? Also, do you know any way that we can vet a university before joining the program? Thank you, Jaidev
As long as you act in good faith (honest intentions), dropping a program of study should not be an issue. Also, you can continue going to school part-time or even full-time if you like while you perform your job on an H-1B or L-1A.
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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.
Hello Sir, I was on CPT for a year and a half before my H1b visa was approved last year. After that, I took a break from my studies. Now, I want to visit India, do I need to resume my degree? I'm planning to drop it as it is too expensive. Will there be any issue in stamping as it would be my first H1b stamp. Thanks
From a purely legal perspective, there is no law that requires you to continue with your degree if you have received your H1B approval. However, I am concerned about appearances also. Ideally, people should take up a new educational program only if they are serious about it and that program furthers their career. If you quit, you should have a good, truthful explanation for why you started that degree and why you quit. You may never be called upon to explain yourself, but the USCIS and the consulates could potentially ask about any relevant matter when you appear for an interview.
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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.
FAQ: What happens to H-1B after Green Card approval? || OPT eligibility requirements, F-1 status for one academic year, and Change of Status or visa stamping from back to H-4 || PERM issues for a green card for remote jobs - headquarters || Can an H-1B visa holder rent via Airbnb? Is this a violation of status? || How long does it take from PERM to Green Card, and difference between NIW and PERM Labor Certification? || Applying for E-2 Visa with a pending family-based Green Card; who can be the main applicant for an E-2 visa? ||
I am currently on STEM Extension and my visa expires in July 2023. I also have a masters degree here in the states. I wanted to know what my options are..
If the suggestion is Day-1 CPT, I wanted to know how safe/legit it is! I have heard that going on Day-1 CPT can cause some issues when your H1 gets picked and may lead to RFE?
It is legal and so far it has been safe. You know that the rule for Day 1 CPT requires that when you join, you are associating with a graduate program otherwise you cannot get a Day 1 CPT. The Curricular Practical Training is an integral part of your degree. You cannot finish the degree without the practical training. The other thing is the employer signs the cooperative agreement with the university. The only additional suggestion I have is if you are going to do Curricular Practical Training make it as an adjunct to your profession.
For more information please check my blog.
https://immigration.com/blogs/curricular-practical-training-cpt
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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.
I am on an H-1B visa and recently got laid off.
If I don't find a job within the 60 days grace period:
1. Can I go back to my home country and keep applying for jobs and then come back once I get one? If yes, would I have to go through the lottery again?
2. If not, what are my options?
3. What additional documents do I need to provide while applying for my new visa to explain the missing pay stubs?
4. What does the company that let me go send to the USCIS as documentation for termination of contract?
My daughter was born in Canada and is on my H-1 visa as an H-4 dependent. She is currently studying 2nd year of her Bachelor's degree and will turn 21 in July/2024. I have a couple of questions, and they are
1. By what date/age she needs to change her status from H-4 to F-1?
2. Once on F-1 status, are there a minimum number of months/semesters/years she has to complete before being eligible for a CPT or OPT?