H-1B Visa

H-1B visa is reserved for "specialty occupations." Those that require a at least a bachelor's degree in a specific subject or closely related subjects.

Green card processing, F-1 visa, and H-1B transition: Travel and work considerations

11 months ago By Chief Editor

Question details

I am on an F1 visa, and My spouse is on a Green Card. My Green Card through my spouse is under processing(I-130 under Review). I am graduating in March 2024. My questions are as follows:

At what stage in my Green Card Processing can I start traveling outside the USA?

Let us consider my GC is still under processing by the time I graduate and enter the job market:

A)Can my employer file an H1 while my Green Card is under processing?

B)Given my H1 got picked, will there be any issue for me to travel to India to get my H1 stamped?

FAQ Transcript

If your green card application is family-based, such as through your spouse, and you have student status, it could potentially become a problem if you travel. In your case, I would suggest traveling only after you obtain either an H-1B visa stamping or Advanced Parole.

A. Certainly, there is absolutely no problem with that; a green card can be in process, and an H-1B can be filed.

B. No. The pending green card application should not hamper or impede the grant of an H-1B visa because the H-1B is a dual intent visa.

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Recording for August 24, 2023 Conference Call with Rajiv S. Khanna

11 months ago By Chief Editor

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Aug 17, 2023, LinkedIn Community Audio Event - Immigration QnA with Rajiv

11 months ago By Chief Editor

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Job loss situation - Alternatives and return options for H-1B visa holders with approved I-140

11 months ago By Chief Editor

Question details

I have an approved I-140 (Approved in Feb 2022) which is already 6 months past the approval date & my priority date is August 2020. I am currently on H1B visa where I have already completed my 1st 3 years and currently am on the 1st 3 year extension.

My question is :

1.If for any odd reason I lose my job in the US, and I am not able to find another job within the 60 days grace period, what alternatives do I have within the US and find a job (H4 is not an option for me currently) ? Would joining a consultancy be a safe option to stop accruing unlawful presence OR compelling circumstance EAD ?

2. If I decide that going to India is a better option and want to come back after some time to the US, would I be subject to the H1B lottery at any point in future if my 6 years of H1B is exhausted ? What information or documents are needed to assist for returning back to the US ?

FAQ Transcript

1. B-1/B-2 is another option. Please visit the blog entry on this issue. One might consider refraining from joining a consultancy unless they have a specific project.Compelling Circumstances EAD is not that glamorous, the reason being that it takes a long time to process.

2. You can, of course, stay here while it's being processed, and then it's only given for one year, requiring you to extend it annually if you go to India. B-1/B-2 is reasonably a good option; all you need is a copy of your earlier H-1B approval notice, and that should be enough.

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11 months ago By Chief Editor

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FAQs: Job loss situation - Alternatives and return options for H-1B visa holders with approved I-140 || Remote work for a U.S. startup: Starting off on managerial duties from India before L-1 visa filing

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12 months ago By Chief Editor

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Starting a new venture as an H-1B visa holder: Establishing an LLC/CCORP and Involvement as a Board Member and Founder

1 year ago By Chief Editor

Question details

1. How can I set up an LLC/CCORP company for a startup while on H1B?

2. How to become a board member and founder without being an employee while maintaining legal H1B status as per USCIS?

FAQ Transcript

As long as you are only dealing with the USCIS and don't have to travel, I don't see any problem. The key factor is the employer-employee relationship, not the ownership.