H-4 Visa

Filing H-4 and H-1 simultaneously || Status of F-1 once H-4 is approved || Most efficient way to get EAD F-1 or H-4?

1 year ago By Chief Editor

Question details

My case in brief:

I am currently of F1 OPT (STEM), valid until 15th June 2023.

My company will be filing for H1B this March.

However, I am wondering if I should be filing for an H4 visa simultaneously.

Could you tell me how long it takes for an H4 visa and an h4 EAD to process?

If I file for an H4 visa in February, would I lose my f1 visa as soon as the h4 visa is approved?

Is there any new policy where I can get h4EAD sooner? And moved my F1 EAD to h4 EAD without any employment gap?

Should I wait for the h1b result before applying for an h4 visa?

What is the best scenario to switch from F1 OPT EAD to h4 EAD, without/minimum employment gap?

FAQ Transcript

If you have been selected in the lottery, you will get a cap gap extension. If you do not get selected in the lottery, then obviously you have to go to H-4, you have plenty of time to figure that out. As soon as the change of status is approved, you lose your F-1. Premiuming through your husband would be great if that works for you.

Read more about Filing H-4 and H-1 simultaneously || Status of F-1 once H-4 is approved || Most efficient way to get EAD F-1 or H-4?

Recording for March 09, 2023 Conference Call with Rajiv S. Khanna

1 year ago By Chief Editor

Immigration.com

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FAQs: Volunteering on a non-profit board committee while on H-1B or H-4 visa: Implications for visa stamping and green card process

Can H-4 visa (no EAD) holders take an unpaid internship?

1 year ago By Chief Editor

Question details

I am an LLM student on H4 (no EAD). My college offers paid and unpaid supervised externships (optional classes) for 2/3 credits as part of our course. Can I participate and work in an unpaid supervised externship on H4 without EAD?

FAQ Transcript

Sure. I don't see any problem for you, the employer should watch out for themselves.

Read more about Can H-4 visa (no EAD) holders take an unpaid internship?

H-1B layoff options - Going to home country and applying for jobs, going through the lottery again and documents required to apply for a new visa to explain missing pay stubs

1 year ago By Chief Editor

Question details

I am on an H-1B visa and recently got laid off.

If I don't find a job within the 60 days grace period:

1. Can I go back to my home country and keep applying for jobs and then come back once I get one? If yes, would I have to go through the lottery again?

2. If not, what are my options?

3. What additional documents do I need to provide while applying for my new visa to explain the missing pay stubs?

4. What does the company that let me go send to the USCIS as documentation for termination of contract?

FAQ Transcript

Sure, you can go back to your home country. No, you do not have to go through the lottery again.
H-4 and F-1 CPT visas would be options.
You actually just need a copy of your H-1B approval.
If an employer wants to conclude an H-1B, they have to do three things: First, they have to inform the employee that their job is terminated. Second, they have to offer the employee a one-way ticket back to their home country. Third, they have to put it down in writing and request that the H-1B be revoked because they have to write to the USCIS.

Read more about H-1B layoff options - Going to home country and applying for jobs, going through the lottery again and documents required to apply for a new visa to explain missing pay stubs

Recording for February 02, 2023 Conference Call with Rajiv S. Khanna

1 year ago By Chief Editor

Immigration.com

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Discussion Topics, Thursday, February 02, 2023:

FAQ: Criteria for national interest waiver || NIW for physical therapists || Multiple companies applying for H-1B Cap registration - H-1B lottery || Can H-4 visa (no EAD) holders take an unpaid internship? || Can H-4 EAD start a Business in any State? Can a relative's company file H-1B? || H-4 visa dependent children change of status to F-1 before 21 || Filing H-4 and H-1 simultaneously || Status of F-1 once H-4 is approved || Most efficient way to get EAD F-1 or H-4?

F-1 change of status and H-4 expires

1 year ago By Chief Editor

Question details

If I were to file for F-1 but my H-4 was going to expire would I have to file for an H-4 extension?

FAQ Transcript

No. So if within the life of your H-4 you apply for F-1 change of status and if the H-4 expires that's fine. By the way, H-4 allows you to go to school. As soon as you file for the F-1 you should be able to continue going to school. Also check with your DSO.

Can you work on H-4 Visa?

1 year ago By Chief Editor

Question details

Can you work on H-4 Visa?

FAQ Transcript

Not without an employment authorization which comes only at a certain level of maturity of your spouse's green card.

Recording for January 19, 2023 Conference Call with Rajiv S. Khanna

1 year ago By Chief Editor

Immigration.com

Community Conference Call

Nonimmigrant Visas

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FAQ: Entering the U.S. on a visitor visa while green card is pending |Qualifying for Visa Waiver Program (VWP) | Spouse visa through H-1, L-1, or O-1 | Any special visas for UK, EU, Singapore, Dubai or Australia || Qualifying for EB-1C green card by working abroad for a year | Expected processing times for EB-1C for an L-1A visa holder from India || Consequences of employer withdrawing I-485 Supplement J || Layoff while on an H-1B visa - what if I cannot find a job in 60 days?

Recording for January 05, 2023 Conference Call with Rajiv S. Khanna

1 year ago By Chief Editor

Nonimmigrant Visas

Green Card

Discussion Topics

FAQ: Effect of typos on immigration documents || Concerns about EB-1C Green Card Portability || Who is required to pay for an EB-1C Green Card? || Can too many parking tickets affect Green Card or Citizenship process? ||

Gap in status, for instance, H-1B and H-4 status issues

1 year ago By Chief Editor

Question details

I was on F1, and my spouse was on F2. My H1B was approved in 2020 for client A, but COS from F1 to H1B was denied, so I just continued my F1 status. Later, I moved to client B, and my employer filed an H1B Amendment and got the complete approval with I-94, effective 29th April 2022. After approval, we filed I539 for my spouse's COS from F2 to H4 (still pending) with a receipt date of 17th May 2022.

Question: Since there is a gap between my H1B start date (04/29) and my H4 receipt date (05/17), may the USCIS deny our case? If so, what are our best options to proceed further?

FAQ Transcript

Technically Yes, this can be an issue.

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