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.

July 25, 2019 Recording of Free Community Conference Call (Every Other Thursday)

5 years ago By Chief Editor

Immigration.com

Community Conference Call

Citizenship and Naturalization

Nonimmigrant Visas

Immigration Law

Green Card

Substantial transcription for video

Discussion Topics, Thursday, 25 July 2019:

Combination of EAD and H1B status || 2 separate employers filed for FY2020 Cap Subject H1-B || Child born outside the US before parents were naturalized || N-400 Interview || Priority date change in I 797 for EB1 approval || Change companies with I-140 approval

What to Expect from H-4 EAD Revocation

5 years ago By Chief Editor

Question details

I am on H4 EAD working in a full time job .Now as their are news coming to revoke H4 EAD, if the H4 EAD rule revokes, what might be the other options for me to continue my job? If I join masters, will I get the CPT if I change to F1 visa in the final semester. Is it valid like that?

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What to expect from H-4 EAD revocation

FAQ Transcript

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H-1B Unpaid Leave or Time off

5 years ago By Chief Editor

Question details

I am working on H-1B for Employer A. I want to switch jobs and need a study time for about 3-5 weeks full time. I was thinking if I could go an unpaid leave from my current job for 5 weeks, and use this time for my preparation? It gets tricky as I cannot tell my current employer the actual reason for my intended leave. How will my H-1B status get affected due to this? Can I be in the US during this time? If yes, under what conditions?

Watch the Video on this FAQ: H-1B unpaid leave or time off

Video Transcprit

FAQ Transcript

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Traveling While H-4 and EAD is Pending

5 years ago By Chief Editor

Question details

Wife's H4 change of status application (I-539) and EAD (I-765) filed concurrently and in process. Can she travel outside country, get H4 visa stamping done and reapply separate EAD (I-765) again?

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Traveling while H-4 and EAD is pending

FAQ Transcript

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When does one become H-1B cap exempt - change of status/visa stamp?

5 years ago By Chief Editor

Question details

At present I am working in OPT ( expires in June 2020). I have an unused stamped H1B visa which I got in August’ 2013 and my visa stamped in my passport on August,2014. However I never traveled/ worked with this H1B visa and expired in October’2016 without using or entry. I came to USA in January’2016 in F1 Visa. My question is can I use this unused stamped visa for cap exempt as transfer of employer from F1 visa to H1B visa now? or do I need to apply in Master’s cap next year.

FAQ Transcript

In your case if we counted from six years from August 2013 when your H-1B was approved, you are then okay or cap exempt till August 2019. But again, the policy has been that they count the six years from the date your H-1B expired which is 2014 not 2013. Policies can change overnight so I think you can apply for an H-1B exemption as an H-1B exempt worker.

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H-1B Joining Another Employer while a Transfer, Extension or Amendment is Pending

5 years ago By Chief Editor

Question details

Situation:
Resigned company A already and Got offer from employer B and applied H1B transfer(premium processing) but received RFE. But I have another offer from Employer C as well who is yet to file my h1b transfer
Question:<br>
1. If RFE is denied for employer B Can i join employer C with the receipt notice as Employer C has started H1B transfer by that time ?<br>
2. How long one can stay in US without job/payroll having H1B ?

FAQ: H-1B joining another employer while a transfer,

FAQ Transcript

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Impact on Current H-1B if Another H-1B is Denied

5 years ago By Chief Editor

Question details

I am already on a cap-exempt H-1B working for a non-profit full time. Another employer filed my H-1B petition on the cap-subject quota on april 2018 and got an RFE april 2019 and was denied with a reason for maintaining of status. They asked my paystubs from my current employer. My questions are:
1. will there be any impact to my current H-1B?
2. If they only ask for paystubs, can I submit them and initiate motion to reopen the case? what are the possibilities of success.

FAQ Transcript

FAQ Transcript

1. No, not if you are maintaining status.

2. If the case was denied just for maintenance of status and you have the pay stubs that are required then there is a very high likelihood the case will be reopened. If the petition is denied, then you are still subject to the H-1B quota. More...

Note: 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.

June 20, 2019 Recording of Free Community Conference Call (Every Other Thursday)

5 years ago By Chief Editor

Nonimmigrant Visas

Green Card

Substantial transcription for video

Discussion Topics, Thursday, 20 June 2019:

FAQ: Impact on current H-1B if another H-1B is denied ||H-1B joining another employer while a transfer, extension or amendment is pending|| When does one become H-1B cap exempt - change of status/visa stamp? ||What to do when past immigration problems are causing a current visa denial? || Downgrading from EB-2 to EB-3 || Can priority dates be transferred between husband and wife? || Applying for green card while on student (F-1) visa.

Other: Transferring EB priority dates || I-485 delay || EB-5 travel || B-2 visa extension || Consequences of H-1B extension denial || EB-1C eligibility || Multiple H-1B transfers simultaneously || Travel on AC21 Advance Parole, etc.