H Visa

What is Cap Gap Extension? How does it work?

Question details

1) Is H1B cap-exempt to H1B lottery-based considered a change of status?

2) If I currently have an H1B cap-exempt visa and am filing for an H1B petition in June, when can I not travel outside of the US - from now to June, June to Petition Approval, or from Petition Approval to Oct ? My current H1B visa would be valid until Nov.

 

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FAQ Transcript

Yes, potentially. It allows you to work while your STEM OPT expires (April 30th in your case), and your H-1B petition is pending, extending your work authorization until October 1st.

 

H-1B lottery layoff before start, Automatic status change, Multiple filings, and Traveling

Question details

Case: Picked for H1B lottery.

- What happens if the company lays off after June but before October 1? Would I stay on my current visa status? Or will I be on H1B but with a 60-day timeline to find the next job?

- Does the status automatically change to H1B on Oct 1? or does immigration require paystubs for a couple of weeks to prove our employment?

- If I file the petition with two companies separately, how will immigration decide which one to approve? Will they approve both?

- Are there any travel restrictions from June to Sept

 

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FAQ Transcript

In this scenario, you won't be on H-1B status with a 60-day grace period to find a new job.

April 13, 2024, Rajiv in QnA session on behalf of students, young professionals

Immigration.com

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mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney

March 30, 2024, Rajiv in QnA session on behalf of students, young professionals

Immigration.com

SUBSCRIBE to Immigration.com YouTube Channel for further updates.
mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney

Unemployment Benefits for H-1, H-4 + EAD Holders with Previous H-1B Employment

Question details

Can someone in H4 + EAD status receive unemployment benefits if they only worked on H1b status? Would receiving such benefits be considered a public charge or have any other negative impact down the road?

 

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FAQ Transcript

Unemployment benefits in the US vary by state and can be complex. If you are an H1B visa holder who has been laid off, you may be eligible for benefits during your 60-day grace period, but it's important to confirm with your state's unemployment office. Regardless of your visa situation, it's important to remember that unemployment benefits are considered an earned benefit funded by your employer's contributions, so there's no public charge concern. Always check with your state's unemployment office for specific requirements and the application process.