General Nonimmigrant Visa

Extending or Renewing F-1 student visa risks and requirements

Question details

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

1. I graduate in December 2022, so is there any risk in renewing my visa this summer? Any chance of rejections?
2. What is the risk involved in renewing my F1 visa in another country besides my country of citizenship? I lived my whole life as a resident in another country without citizenship, but am no longer a resident there, so was wondering if renewing there is fine?
3. Is renewing an F1 visa necessary for OPT? I believe it's not necessary. Is renewing an F1 visa necessary to apply for H-1B and Green card?
 

Video URL
FAQ Transcript

1. 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. 
2. Technically, once your F-1 has been granted, any country should be able to renew it.
3. It is not necessary for both your queries.
 

---------------------------------------
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.

Recording of June 9, 2022, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

FAQs: Traveled on Advance Parole - Maintaining H-1B status without going for stamping and filing multiple I-485 or Interfiling || Green card application for parents during tourist visa || How are PERM minimum job requirements determined? || Extending or Renewing F-1 student visa risks and requirements || Various Interfiling Issues ||

Green card application for parents during tourist visa

Question details

As per I-94, parents are admitted until 8th August 2022 for their B2 visa. We just sent the I-130/I-485 documents to USCIS.

Q1. What happens if there is no receipt generated till 7th August? Do parents have to leave the country?

Q2. If receipt is generated after they have left the country, what happens to the GC process?

Q3. If receipt is generated in time then what is the process to extend their stay or are they automatically eligible to stay till the GC process is completed?
 

Video URL
FAQ Transcript

1. Your obligation is complete when the government physically receives your papers with the proper filing fees. After that, if they delay in creating the receipt it's really not your problem. As long as you can show that the papers were sent and received by the government. 
2. The answer is No. Let's say that they did leave, then they’re I-130 would still go on but their I-485 would be abandoned and you would have to convert the case to consular processing. 
3. They are automatically eligible to stay because once their I-485 is timely filed, they are considered to be an authorized period of stay. They cannot be illegal as long as the I-485 is pending.  
 

---------------------------------------
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.

May 5, 2022, Rajiv in QnA with Yudi on behalf of students and young professionals

Immigration.com

SUBSCRIBE to Immigration.com YouTube Channel for further updates.
YouTube: http://www.youtube.com/immigrationdotcom

Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney

 

Guestbook Entry for Raja and Priya…, United States

Name
Raja and Priya…
Country
United States
State
Virginia
Comment

We are grateful to Mr.Rajiv Khanna ji , Kalpana ji and the team that worked on our son's fiancée's K-1 Visa .

The support and guidance through the process was very professional. They worked directly with my son and his fiancée who joins him next week as she received her Visa successfully. They were gracious enough to work with us patiently and help us through our mistakes while giving them the required information to file his case.

We would recommend them to anyone who needs help with Immigration. They are definitely experts and they work with you on your issues and the end result is a positive one. Our experience working with them was very pleasant and positive.

Thank you Rajivji and Kalpanaji

Can two employers file H-1B for the same employee using an existing I-140?

Question details

I am an Indian national living in India now, working on H-1B from 2006-2011 for a small consulting company based in NY, US,. They have filed my EB2, I-140 and it got approved in 2009. I returned to India due to my personal situation in 2011. So I moved my case to Consular Processing in 2012. I got my date current during the last year 2021 and the Mumbai Embassy scheduled consular processing Interview was scheduled for last month. As soon as I received the interview call I found my sponsoring company in the US has their business. Hence, I have skipped my interview to avoid GC denial and retain the priority date.
 

Video URL
FAQ Transcript

1. They can both apply.
2. The answer is no you have to go through PERM I-140 again and you will keep the priority date from the old case.
 

 

---------------------------------------
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.

STEM OPT employment parameters, volunteering, part ownership, etc.

Question details

1. Currently, I am on STEM OPT, working with my DSO-approved employer. My uncle wants to start a company and asked me for my help. So, an I help him without being an employee of his company?
2. Is active professional volunteering to a family member's company a violation of the F-1 STEM OPT status? I hold a Professional Engineer's license. If I let him use my license for his company, will that be ok under my current immigration status?
3. Can I be a partner in the company and an employee of the company if my uncle hires me as an employee?
 

Video URL
FAQ Transcript

1.The volunteering issue is a complicated one. When you are volunteering for charitable affairs or religious matters, I don't think there is any problem. The moment it starts getting into the realm of commercial volunteering it could potentially become an issue. Under the Fair Labor Standards Act (FLSA) private companies cannot take free work. 

2. I personally think it is not a violation of your status.  As for using your license for his company that could become problematic because the implication is that you are working for that company now. Remember under STEM OPT you can work for multiple companies, but you have to get approval from school for that.

3.The answer is Yes.  Under OPT as well as under H-1B. As long as you have a genuine employer, employee relationship.
 

---------------------------------------
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.