DHS Issues Proposed Rule to Modernize the H-1B Specialty Occupation Worker Program
Release Date
USCIS seeks to update regulations with proposed rulemaking to improve program efficiency and integrity
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.
Recording for October 05, 2023 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
Green Card
Discussion Topics:
Sept 8, 2023, Rajiv in QnA on behalf of students, young professionals
Nonimmigrant Visas
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H-1B approved after the lottery, can we change employers? Multiple employers in H-1B lotteries
Question details
Question 1: Can my H-1B be approved after the lottery, and can I change employers?
Question 2: Do I need pay stubs for an H-1B transfer?
Question 3: Can I have multiple H-1B employers?
FAQ Transcript
Answer 1 : While there's no official answer, in our experience, you can transfer your H-1B even before October 1st when it's approved in August. No need for pay stubs from the previous employer, based on our experience.
Answer 2: If you never joined the employer, you won't have pay stubs, which is acceptable. Even if you join and leave the employer on October 1st without a paycheck, that's fine too.
Answer 3: Multiple employers are generally allowed unless they're connected or conspiring to manipulate the lottery, which is not allowed.
Sept 7, 2023, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Immigration.com
Nonimmigrant Visas
FAQs: Do Canadian citizens need US visas? Canadian citizenship and F-1 Exploring permanent work and stay options in the U.S. for Canadian Permanent Resident Preparing for birth certificate issues in USCIS applications: Affidavits, DNA tests, and timing considerations H-1B approved after the lottery, can we change employers? Multiple employers in H-1B lotteries Paystub requirement for H-1B transfer eligibility: Is it mandatory? Delays in marriage-based immigrant visa processing: Expedite options and travel issues
September 01, 2023 - Rajiv in a Q&A session on behalf of students and young professionals ( H-1B third lottery?)
Nonimmigrant Visas
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Difference between H-1B consular processing and change of status
Question details
I am on my STEM OPT, and it is valid till July 2024.
My H1B was picked(March 2022) and approved(August 2022) last year.
However, my H1B was approved under the Consulate processing and received ( I-797 B). So, I asked my employer about it and got to know that I can change to H1 status whenever I intend to or after my stem opt expires.
I am planning to go to India in Oct for stamping. So I asked my employer to change my status to H1B, and they mentioned COS is not needed, I can directly go on STEM OPT and get my H1B visa stamped. It will automatically change the status to H1B.
FAQ Transcript
Your employer is correct.
Green card processing, F-1 visa, and H-1B transition: Travel and work considerations
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.
Recording for August 24, 2023 Conference Call with Rajiv S. Khanna
Immigration.com
Nonimmigrant Visas
FAQs: - Green card processing, F-1 visa, and H-1B transition: Travel and work considerations - Difference between H-1B consular processing and change of status
Aug 17, 2023, LinkedIn Community Audio Event - Immigration QnA with Rajiv
Immigration.com
Nonimmigrant Visas
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