Release Date
U.S. Citizenship and Immigration Services (USCIS) is providing information for nonimmigrant workers whose employment has terminated, either voluntarily or involuntarily. These workers may have several options for remaining in the United States in a period of authorized stay based on existing rules and regulations.
My status changed from F-1 to H-1B status this year on Oct 01, 2022. Since I am now on an H-1B visa, I am planning to buy a house soon, before the end of this year, and my plan is also to rent out other rooms and maybe Airbnb in the future. I researched this is considered passive income and is legal but:
1. I was wondering if I can do the same by opening an LLC. Will this still be considered passive income?
2. Another question, since my status changed from F-1 to H-1 this year, for 2022 taxes, should I still fill out the 1040 NR form or not?
I really cannot tell you that there is a clear guidance from the USCIS on this issue. I would avoid this unless you are the adventurous kind. Just remember one thing: the fact that you were engaged in unauthorized or questionable employment or income generation is less damaging to you than lying about it.
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I have worked in the U.S. under L-1\H-1B from June-2015 to March-2020. I have been in India since the last 2 and half years (Not working for any US based company). Now I have got Job offer from a US company and the H-1B I-797 petition is approved. I have a previous employer's H-1B Visa stamp (which expired last month) in my current passport, and B1/B2 Visa stamp(got in 2013 and valid till Sep-2023) in my older passport. I also have approved I-140 (EB2) from my previous employer.
My Question is due to the high wait time for Visa appointments, in worst case, if I can not secure a visa appointment anywhere close to joining date, can I travel to the US with a valid B-1/B-2 Visa and approved I-797 and later change status to H-1B and join the job? If yes, would it impact the GC process in future?
I would strongly recommend against it. I think you would do a lot better trying to get an H-1B Visa stamping in a third country. People are going to places like Singapore, Hong Kong and Maldives. Look around India and you might be able to make an appointment.
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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.
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?
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.
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?
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.
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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 a student on F-1 and will be graduating by December 2022. Company A is willing to apply for an H-1B for me this year. I am interviewing with other companies, and I am planning to drop company A as soon as I graduate
1. If I am selected in the lottery and haven't done a change of status, can I continue on F-1 OPT with the other company (not Company A), after graduation?
2. Can Company A retract my H-1B if I leave them?
3. Being on F-1 can Company A start my green card if I win the H-1B lottery?
1. If you file it as a consular processing you can continue working on F-1OPT for that company or another company.
2. Absolutely.
3. That depends upon which country you were born in. If you were born in India that's not such a great deal.
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.
Background: I am currently on L-2 VISA and is going to expire in May. My company is going to file my Canada visa in a month. My spouse's (currently on L1A) employer is going to file her GC soon and she wants to stay with our kids until a decision is made (stay as a visitor or on the basis of GC filing). We decided that I will go to Canada and if the GC processing won't happen or the outcome is negative, she will join me in Canada at a later time.
Now:
I want to apply for the change of status from L-2 visa to visitor visa while I am still in the US, and leave for India while my Canadian visa is in process and travel to Canada directly from India. (I am going to see my parents as it's been years and can't travel to India if I join my company back in Canada anytime soon).
Questions:
1) Is it okay to leave the US while my change of status from L-2 to Visitor visa is in the process?
2) If yes, will USCIS continue to process and intimate me once they approve?
In this case it should be fine, but remember to go through the Section 222 (g;) of the Immigration and Nationality Act. Another thing you need to remember is in order for you to get a B-2 visa stamp or a B-1 visa stamp at the consulate you do not need any kind of approval from the USCIS.
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.
