FAQs: Moving to India in 2025 on H-1B extension, I-140 portability, and future U.S. opportunities || Extending parent's stay in the U.S. beyond six months on a B-2 visa
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Discussion Topics, June 6, 2024 FAQs: International Managers (EB-1C) changing jobs under AC21 portability after 180 days || FAQ: H-1B 60 days grace period H-1B transfer; Impact of switching to B-1/B-2; and family visa validity || FAQ: H-1B 60 days grace period to B-2 conversion: Status gap, transitioning back to H-1B; Starting work again
FAQs: Options when H-1B project is canceled || B-2 visa dilemma: Extend or switch to CPT for PERM/I-140 || Procedure to recapture H-1B/L-1 time outside the U.S.
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Discussion Topics:
FAQ: H-1B lay off 60 days grace, options including B-1/B-2, approved I-140, Severance pay || Optimizing H-4 EAD options and bundling premium processing for H-1B and H-4 extensions || Implications of visa fraud by an employer on H-1B, L-1, green card, citizenship || Advantages of a National Interest Waiver, transitioning to EB-1, entrepreneurship, and H-4 employment for spouse
FAQ‘s:
Others:
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?
Technically Yes, this can be an issue.
I have completed USMLE Step 1 and Step 2 examinations and I am looking forward to applying for residency in the USA. Now I have got an externship opportunity. This rotation, according to the institute, is a voluntary experience that does not account for any medical education, graduate medical education, continuing medical education, or any training leading to licensure or board certification. During this given opportunity, I may receive a letter of recognition or a certificate of completion to fulfill an observational or shadowing requirement as needed. This rotation will allow externs to partake in taking patient history, physical, and procedures under direct supervision. There will be no direct patient care responsibilities as well as actual clinical practice.
I need to get US clinical experience and recommendations to apply for the residency.
My husband emailed the Office of International Services of his university and in the reply email, they mentioned the following points-
In the past, the federal government has defined employment as “any type of work performed for services provided in exchange for money, tuition, fees, books, supplies, room, food or any other benefit.” Many immigration lawyers and other international services offices have pointed to the “any other benefit” phrase as a prohibitive phrase. If a student were to receive the benefit of gaining experience in their field of study, the government could interpret this as “unauthorized employment”. This would be a serious violation of their immigration status.
Also according to the DSO of the University of Pittsburgh, a researcher/ lab technician even if does an unpaid job would not be considered a volunteer job.
Now my query is can I apply to the externships/ observership being on an F-2 visa and as this externship will benefit me getting recommendation and experience, would this be considered a violation of the law?
I do not consider this to be a violation of law. There are other issues in volunteering, but that's the employer's problem, not yours.
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