General Nonimmigrant Visa

Handling a temporary break on the H-1B visa: Transitioning from work to school and back

5 months ago By Chief Editor

Question details

I am working on an H-1B visa, and I want to leave my job and join full-time school for a couple of years. I want to start working again using my same H-1B visa when my studies are completed. So, how can I do that by staying within the U.S.?

FAQ Transcript

If you have been through the lottery once, you're exempt for the next 6 years. You can go back and resume H-1B without worrying about the lottery. H-1B eligibility is based on your qualifications and job requirements, irrespective of your specific job role.

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Working outside the United States on H-1B visa and the implications for remote employees

5 months ago By Chief Editor

Question details

Is there any legal limit on how many days a H-1B employee can work outside the United States? A quick search around forums, I came across 30 workdays to 60 workdays being the limit BUT it was a comment from someone and hence unreliable.

My workplace in the USA is my home, I am fully remote and LCA filing has Place of Employment Information as my home address in the USA. I got picked on H1B just this year and I have been outside of the States since the 23rd of September. My H1B obviously started on Oct 1st and I have a situation here at my home and only planning to return in the middle of December. I had/have some days of leave/vacation in October and November. So, won't be fully working. I counted the days that I will work till mid-December, and it summed up to about 42.

FAQ Transcript

If your salaries are consistently paid, you can work outside the U.S. without any issue. This time spent abroad doesn't count toward the six-year H-1B limit. There's no legal limit on the number of days for remote work. Your fully remote status is supported by the LCA designating your home as your workplace. If you've been outside the U.S. since September 23rd and have specific concerns, please see an immigration lawyer’s assistance.

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Recording for November 16, 2023 Conference Call with Rajiv S. Khanna

5 months ago By Chief Editor

Nonimmigrant Visas

Immigration Law

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Working outside the United States on H-1B visa and the implications for remote employees
Handling a temporary break on the H-1B visa: Transitioning from work to school and back

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Nov 10, 2023, Rajiv in QnA session on behalf of students, young professionals

5 months ago By Chief Editor

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Biden AI Executive Order Including Immigration

6 months ago By Chief Editor

Nonimmigrant Visas

The Biden Administration's Executive order regulating AI (and STEM immigration). Rajiv in conversation with Yudi. #immigration #AI #executiveorder

Certain Renewal Applicants for Employment Authorization to Receive Automatic 180 Day Extension

6 months ago By Chief Editor

Release Date

10/27/2023

Certain renewal applicants who have filed Form I-765, Application for Employment Authorization, qualify for an automatic extension of their expiring employment authorization and/or employment authorization documents (EADs) while their renewal application is pending. Starting today, those who are eligible will receive 180-day extensions in accordance with existing regulations, including those who have applied for or have received Temporary Protected Status or asylum.

USCIS Issues Policy Guidance Regarding the 2-Year Foreign Residence Requirement for the J Nonimmigrant Classification

6 months ago By Chief Editor

U.S.

What is a 212(a)(6)(c)(1) refusal of visa?

6 months ago By Chief Editor

Question details

My entry into the United States was denied a few months back, and my H1B visa was canceled saying that I need to re-apply for a new visa and I agreed to that. A few days back I attended an interview on H4, but the interviewer was asking about the canceled visa and gave me a refusal worksheet Section 212(a)(6)(c)(1). I'm wondering what's happening here, could you please help me with this?

FAQ Transcript

Having a 212(a)(6)(i) denial, which is related to fraud or misrepresentation in obtaining an immigration benefit, is a severe issue because it results in a permanent ban from entering the United States. This can occur in various situations, such as visa applications, petitions, or misrepresentation at the airport, involving both written and oral misrepresentations.

The problem lies in the fact that this ban is permanent, and obtaining a waiver is complex and challenging. The availability of waivers is limited, making these cases extremely difficult to resolve once you're caught in a 212(a)(6)(i) situation.