Frequently Asked Questions - Change of status

  1. Change of Visa From H-1B to F-2
  2. H-1B Petition Revocation During Visa Process/Reaffirmation
  3. How Does One Change Status While Within The United States?
  4. Child Turning 21, Immigration Consequences for Pending Green Card Cases
  5. H-1B and Green Card Transfer From a Non-Profit Organization to For-Profit
  6. Change of Status to Student F-1 While Green Card is in Process
  7. Can I Get H-4 Visa Stamping While the H-1 to H-4 Change of Status is Still Pending?
  8. H-1B or Other Status Denied - What is my Status?
  9. When Does One Become H-1B Cap Exempt?
  10. What can be Done if an H-1B is Denied While in the USA?
  11. Changing Status from Tourist or Business Visa (B1 or B2) Within the United States
  12. Status and Unlawful Presence Questions in the Form DS-160
  13. H-1B Visa Denied and Petition Sent for Revocation
  14. H-1B Visa Stamping in Canada or Mexico; Importance of I-94
  15. Does H-4 Require a Prior USCIS Approval for Visa Stamping?
  16. New Regulations, Effect on Layoff after I-140 Approval
  17. Evidence or Documents Created After the Filing of a Petition
  18. 60 Days Grace Period for H-1B
  19. Applying For H-1B Visa When There Was A Status Violation
  20. H-1B 60 days grace period explained
  21. H-4 EAD Status When Moved to Different Employer
  22. Travel while H-4 EAD is pending
  23. If H-1 transfer is denied, can I rejoin my old employer?
  24. H-4 EAD changing back to H-1
  25. Gap in Status
  26. Travel while H-1 COS is pending
  27. The Proposed I-140 EAD Rule - FAQ's
  28. H-1B Laid Off Issues
  29. Maternity leave on H-1, FMLA and status
  30. How to Enter The USA to Start A Business And Then Continue
Change of Visa From H-1B to F-2

You must be married to the F-1 holder in order to be eligible for F-2 status.  Fiances do not qualify for derivative status.

H-1B Petition Revocation During Visa Process/Reaffirmation
How Does One Change Status While Within The United States?
Child Turning 21, Immigration Consequences for Pending Green Card Cases
H-1B and Green Card Transfer From a Non-Profit Organization to For-Profit

Watch the Video on this FAQ: H-1B and green card transfer from a non-profit organization to for-profit

Video Transcript

1. The answer is No. There is no advantage in going through for-profit or non-profit that's just irrelevant.

Change of Status to Student F-1 While Green Card is in Process
Can I Get H-4 Visa Stamping While the H-1 to H-4 Change of Status is Still Pending?
H-1B or Other Status Denied - What is my Status?
When Does One Become H-1B Cap Exempt?
What can be Done if an H-1B is Denied While in the USA?
Changing Status from Tourist or Business Visa (B1 or B2) Within the United States
Status and Unlawful Presence Questions in the Form DS-160
H-1B Visa Denied and Petition Sent for Revocation
H-1B Visa Stamping in Canada or Mexico; Importance of I-94

Watch the Video on this FAQ: H-1B visa stamping in Canada or Mexico; importance of I-94

Video Transcript

1. You can get your visa stamped in any country which is called Third Country National (TCN) processing. It is a good idea to check with them beforehand. Sometimes if they have too much of a workload, especially in Mexico they might temporarily stop taking TCN's. 

Does H-4 Require a Prior USCIS Approval for Visa Stamping?
New Regulations, Effect on Layoff after I-140 Approval
Evidence or Documents Created After the Filing of a Petition
60 Days Grace Period for H-1B
Applying For H-1B Visa When There Was A Status Violation

Watch Video on this FAQ: Applying for H-1B visa when there was a status violation


Video Transcript

1. Go as quickly as you can. It isn't an emergency, but it is something you should not take lightly.

H-1B 60 days grace period explained
H-4 EAD Status When Moved to Different Employer

1. The employer can revoke, but, USCIS says, after 180 days they will not revoke the H-4 EAD.

2. You will not need to change the H-4 EAD upon moving to any number of companies, as long as you maintain your H-1 status.

Travel while H-4 EAD is pending
If H-1 transfer is denied, can I rejoin my old employer?

Watch the Video on this FAQ: If H-1 transfer is denied, can I rejoin my old employer?

Video Transcript

According, to USCIS, when you are working under AC21 you are not out of status, you are in fact working according to the law and hence you should be able to join back. More...

 

H-4 EAD changing back to H-1
Gap in Status
Travel while H-1 COS is pending
The Proposed I-140 EAD Rule - FAQ's

Question 1: Redo the PERM or just the I-140. If redoing the PERM again then what's new in this regulation? 

Answer: After 180 days, you can extend H-1 even if 140 is withdrawn.

Question 2: It seems that there is no easy provision for EAD/AP for approved 140 applicants. So is there any point in waiting for this rule or Should I consider Visa stamping is only option for traveling outside US? Please suggest as I waited for a year or long thought they are going to give AP.

H-1B Laid Off Issues

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

https://youtu.be/F0YZD8zWm88?t=1068 

FAQ Transcript:

If you get laid off on H-1B there is no grace period. You get laid off today tomorrow you are out of status.

Maternity leave on H-1, FMLA and status

 See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://youtu.be/ZvUVIGTM-Kk?t=2334

How to Enter The USA to Start A Business And Then Continue

There are several issues that should be examined before you can make an informed decision.

1.  B visa or ESTA does not allow you to “work:”