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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’s: EAD delayed - options || Benefits of National Interest Waiver
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Discussion Topics:
FAQs: Staying outside the US on Re-Entry Permit Validity, Usage, and Multiple Entries for Green Card Holders || Unemployment Benefits for H-4 + EAD Holders with Previous H-1B employment
Could you analyze the following situation from an H-1B 6-year Max Out perspective (No Approved PERM or I-140)?
1. Employee gets laid off by her H1b employer on November 20.
2. Employee files for H4 COS + EAD through spouse on January 10.
3. Employee gets a new job on April 10 while H4 + EAD is still pending. New employer files for H1b transfer, though no premium processing.
4. H1b transfer gets approved (I-797A with I94 issued) on June 10.
5. Employee works on H1b status based on the approved petition from June 10 to July 10. H4 COS + EAD gets approved on July 10.
My questions are:
1. Does the November 20 - January 10 period (Grace Period) count towards the 6-year H1b Max Out?
2. Does the January 10 - April 10 period (pending H4 COS + EAD) count towards the 6-year H1b Max Out?
3. Does the April 10 - June 10 period (pending H4 COS + EAD and H1b Transfer) count towards the 6-year H1b Max Out?
4. Once the H4 COS + EAD petitions are approved, would the January 10 - July 10 period be counted as "Time Spend in H4 Status" based on the pending petitions that eventually got approved? If not, which period can be claimed as "Time Spend in H4 Status"?
Also, how does USCIS keep track of all this? Is it the responsibility of the employee to make the case to USCIS and claim time as "Spent in H4 Status"?
Though USCIS doesn't track H-1B time independently, it's your responsibility to claim your time accurately. Time spent legally on H-4, B-1, or B-2 after the 60-day grace period and waiting for a change of status from H-4 to H-1 don't count towards your H-1B maximum duration. When applying for extensions or status changes, you can always accurately track and report your time on different visas. Remember, this is not legal advice; consult an immigration attorney for specific guidance.
FAQ: What is the path for an entrepreneur from STEM OPT or H-1B?
Currently on an H-4 visa valid until June 2024. I'm seeking your advice as I try to figure something out.
I'm a bit unsure about when to apply for my Employment Authorization Document (EAD), and I am considering the following options:
Option 1: Apply for H4 EAD now (first time - applying separately) since my I-94 is valid until June 2024. If I do this, can I keep working after June 2024 while the H4 extension and H4 EAD are in the approval process if the H4 extension is applied before June 2024?
Option 2: Apply for H4 EAD (first time) + H1B extension + H4 extension using the Premium processing option, probably during June 2024. Will the H4 EAD be approved in 15 days if all three (H4 EAD, H1B extension, H4 extension) are applied together in premium processing? Also, will the H4 EAD have a validity of three years if the H1B and H4 extensions are approved for three years?
Please guide me on which option is simpler and better or any other better solutions.
Handling H-4 and H-4 EAD options can be complex due to inconsistencies in government procedures following a lawsuit settlement. Initially, bundling H-1B premium processing with H-4 and H-4 EAD requests was agreed upon, but subsequent inconsistencies have caused uncertainty for applicants.
In considering options for extending H-4 status, it's crucial to note limitations such as the inability to work beyond the I-94 expiration. Exploring the bundling option cautiously, and attaching a copy of the settlement decision to the application, is recommended.
Overall, careful consideration and documentation are essential in navigating H-4 and H-4 EAD applications amidst uncertainties in government procedures.
I entered the US to complete my Masters on an F-1 visa in 2018, I got my H1B visa approved in Oct 2022. I was planning to go for a green card through the EB2 NIW route. I have a few questions, which are as follows:
1. Suppose that I got EB2 NIW approved and I am waiting in queue for a green card, but I went back to India and worked in India (employer may or may not be related to the US). Can I collect my GC whenever the priority date becomes current?
2. Suppose that I have already applied for an EB2 NIW visa but then I build my profile and want to apply for an EB1 visa, can I do that?
3. When can I start my business/startup during the EB2 NIW application process? or Do I need to wait until the visa is approved to start a business?
4. When can my wife start working on an H4 visa? Is it during the EB2 NIW application process? Does she need to wait until the visa is approved?
With an approved EB-2 NIW, even if you work in India in an unrelated job, you can still collect your green card as long as you intend to work in the field for which you got the NIW when you arrive in the US. Additionally, you can apply for an EB-1 and transfer the priority date from NIW to EB-1. Starting a business during the EB-2 NIW process depends on various factors, but there's no interim visa except for limited options like entrepreneurial parole. However, potential changes in H-1B regulations for entrepreneurs could provide extended H-1B options and the ability to work for your own business. Spouses can start working on H-4 once the NIW is approved and the H-4 EAD application is filed, as the NIW I-140 petition approval doesn't require a visa.