I have an approved H-1B petition. Right now, I am in India. However, my spouse also holds an H-1B. Can I apply for an H-4 visa and travel to the USA with my spouse and apply for a change of status in the USA from consular processing and use my H-1B there. Will it affect my H-1B in any way?
Technically, the USCIS can object to applying for a change of status within 90 days after entry, if the change results in activities that are inconsistent with the original visa used for entry, the H-4 visa. The key question is whether applying for H-1B soon after entry into the USA is inconsistent with H-4, a visa that allows work authorization. Perhaps not, but you should speak with your lawyers to make sure all your options are discussed.
Note: For the NRI readers, The Economic Times has started an immigration helpdesk. A team of experts which includes Rajiv S. Khanna will address the most pressing issues. Please see the link below.
https://economictimes.indiatimes.com/nri/migrate/nri-helpdesk-are-you-q…
Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
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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.
Green card to naturalization issue
BACKGROUND :Currently I work for Employer B on H1 since last 3 years (part time & similar job position)and I filed for 485 this past Oct 2020 from Employer A who had done my i140. I got married to a US citizen this Aug 2021.(nothing filed on marriage basis). In sept 2021 I got RFE for medicals but no RFE for 485J/AC21 and my lawyer did not file after 180 days pending as she said it just gets lost if you send without RFE. I just got my GC on 10/7/21 QUESTIONS : 1) Will I have a problem during naturalization if for some reason after getting GC I have not worked for Employer A as they were not able to give me the job due to pandemic ? 2) should we file anything based on marriage now? 3) what should I do to not jeopardize the naturalization? Thank you so much!
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.
Green card to naturalization issue
You will need a detailed legal consultation. Contact your own buyers are sent as a request for a consultation with your questions attached through the "contact us" form on our website. https://immigration.com/contact
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