General Nonimmigrant Visa

Potential conflict between employment in India and F-1 visa status

2 years ago By Chief Editor

Question details

I am currently working at a company in India. I am eligible to claim Employee Stock Option (ESOPS) on 17th August 2022. However, I will be landing in Dallas, USA on 10th August on F-1 Visa (For Fall 22). The company will still offer those ESOPs, but the official relieving date will be on 17th August. From 9th August onwards till 17th August, I will be on Loss of Pay Leave i.e (unpaid leave). I am worried that situation would create a conflict with my F-1 visa status.

1. I want to know whether this is legal as I will be employed at a company in India for 7 days after arrival in the U.S. on an F-1 visa.
2. Whether this will cause problems in future when I apply for OPT or H-1B or even EB-3 as my previous employment end date is 7 days after arrival in the U.S.?

1. It appears that you are getting a benefit based on the work you have already done. You will NOT be performing any "new" work for the Indian company.

2. I do not see this as an issue.

FAQ Transcript

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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.

Frequently asked questions answered in The Economic Times NRI Helpdesk by Rajiv : What are the risks involved in renewing F1 visa in another country?

2 years ago By Chief Editor

Published by: The Economic Times: August 01, 2022

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

Answer: 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.

Read more by clicking the link below or the pdf attachment.

https://bit.ly/3Q8z7Hx

USCIS Updates Guidance for O-1 Petitions with a Focus on STEM Fields

2 years ago By Chief Editor

Release Date

07/22/2022

U.S. Citizenship and Immigration Services today updated its Policy Manual to provide further guidance on evidence that can be used to support a petition for an O-1A nonimmigrant of extraordinary ability with a focus on science, technology, engineering, and mathematics (STEM) fields.

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.

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.

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.

Recording of June 23, 2022, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

2 years ago By Chief Editor

Nonimmigrant Visas

Green Card

Discussion Topics:

While waiting for OPT approval, is "unpaid leave of absence" a violation of the student status?

2 years ago By Chief Editor

Question details

Is it considered a violation of F-1 status to be on "unpaid leaves of absence" instead of being unemployed while waiting for OPT approval?

FAQ Transcript

In my opinion, if you go on leave without pay you are only entitled to benefits or not even benefits as long as you are not working. I do not consider this to be a violation of the student status.

USCIS Transfers Certain H-1B Petitions to the California Service Center

2 years ago By Chief Editor

Release Date

06/16/2022

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