US Immigration Questions

I was on H-4, and it was valid till Jan 2023. I got my h1b approved via the Change of Status application and it came along with a new I-94 date. My employer is saying that they need some time to onboard me. They are working on finding a suitable project for me and it is going to take some time. Is it ok to defer the joining date and should my employer or I file any application to let USCIS know that I am not starting the job right away?

Given the current situation with tech layoffs, I wanted to understand the options available for people in my situation.

I’m currently working in the US on H-1B and my GC application (I-485) with PD July 2014 and 485 is in “Case remains pending”.

I have 485 EAD approved till 2024 and Advanced Parole is still pending.

1. Since we only have 60 days on H-1B to find a new job. How easy is it to switch to EAD? Is there a procedure to follow to switch to EAD?
2. Once someone switches to EAD. Can they again switch back to working on H1 after finding a job?
3. Now if someone switches to EAD and their date becomes current before they can find a job. What are their options?

Now if someone switches to EAD and their date becomes current before they can find a job. What are their options?

Also, do we have any info on what the status “Case Remains Pending” means?

I did my Masters in chemical engineering in the US and then worked for an environmental firm in NYC, where my H1B was sponsored. I got my H1B in 2019 (Oct 2019 start date), and then I moved to India in Dec 2020, and it’s been almost 2 yrs here in India.

I have approx. 4.5 yrs remaining on my H1B. My questions are below:

1. Am I eligible to use the H1B remainder option for a different employer under a different field under cap exemption? I want to know if I can work in the business domain and not in the chemical field using the H1B remainder option.

2. Say I find an employer in the US in the business domain who is willing to sponsor me directly? Do I need to apply for a new H1B and go through the April lottery? What are the consequences?

3. Lastly, if I plan to do an MBA, which would be my second master's in the US, is it possible to use the H1B remainder option from my first master's and work in the business domain?

Currently we got H-1 and H-4 approved from Sept 2022 -2025. I am on H- and having difficulties in getting dates for visa. My wife on H-4 was able to book a date. If she goes with both the approvals and I am in US and my H-1 is not stamped. Will there be a problem for her in getting her visa stamped?

Hi Rajiv Sir, I am on H-1B visa. But I was laid off. Due to some personal reasons, I need to go to India for 6 months. Can I apply for a job from India? And will the visa still be valid for obtaining work in the US?

I  had filed for my parent's green card in July' 2022. It is concurrent filing.

The I-130 filed by me shows processing times of 4 weeks and 6 months for my dad & mom respectively.   

The Advance Parole shows processing time of 11.5 months and I-485 (Minneapolis-St. Paul field office) is almost 2 years.

Their I-94 is expiring on the 30th Nov. What is the process to withdraw the application so that they can return back to India legally before 30th Nov?

Also wanted to know:

Will I need to withdraw the I-130 petitions that I had filed for them ?

Will this impact their existing B-2 (visitor) visa? Will it still be valid?

Question: My sister has been on F-1 status, currently on OPT and I want to file for her EB5 visa. I will fund her 75% of my money with cash that I earned from W2 and may get an equity loan if needed (total 800K). She wants to open an IT consulting company in Rural Area while on OPT. I have the following questions.

1. Is an IT consulting company a valid investment in terms of USCIS because one attorney mentioned it is not?

2. Does the count of hiring U.S. residents begin after the company is founded or after an I-526 application is filed?

3. How long will it take to get a conditional green card? How about non-conditional?

4. Is it a good idea to file now while on OPT-EAD or wait until she gets H-1B? She has another 2.5 years remaining on OPT.

5. Is it okay to use AP/EAD after she gets it while OPT-EAD? Can she still apply for H-1B after I-1485 is filed?

My priority date is April'14 in EB2. My current employer filed an AOS (I-485, I-765 & I-131) using a prior employer I-140 petition. My EAD (I-765)/AP (I-131) was approved a few weeks ago. My current employer didn't submit I-485J while submitting I-485 application. My current employer PERM was submitted a few months ago.

Questions:

1) Is it safe to use the EAD/AP (or) would you recommend staying in H1B until I-485 is approved?

2)  Will this filing be considered to be fraud/misrepresentation (or) Would you recommend withdrawing my I-485 application?

I did my Masters in chemical engineering in the US and then worked for an environmental firm in NYC, where my H1B was sponsored. I got my H1B in 2019 (Oct 2019 start date), and then I moved to India in Dec 2020, and it’s been almost 2 yrs here in India.

I have approx. 4.5 yrs remaining on my H1B. My questions are below:

1. Am I eligible to use the H1B remainder option for a different employer under a different field under cap exemption? I want to know if I can work in the business domain and not in the chemical field using the H1B remainder option.

2. Say I find an employer in the US in the business domain who is willing to sponsor me directly? Do I need to apply for a new H1B and go through the April lottery? What are the consequences?

3. Lastly, if I plan to do an MBA, which would be my second master's in the US, is it possible to use the H1B remainder option from my first master's and work in the business domain?

I did my Masters in chemical engineering in the US and then worked for an environmental firm in NYC, where my H1B was sponsored. I got my H1B in 2019 (Oct 2019 start date), and then I moved to India in Dec 2020, and it’s been almost 2 yrs here in India.

I have approx. 4.5 yrs remaining on my H1B. My questions are below:

1. Am I eligible to use the H1B remainder option for a different employer under a different field under cap exemption? I want to know if I can work in the business domain and not in the chemical field using the H1B remainder option.

2. Say I find an employer in the US in the business domain who is willing to sponsor me directly? Do I need to apply for a new H1B and go through the April lottery? What are the consequences?

3. Lastly, if I plan to do an MBA, which would be my second master's in the US, is it possible to use the H1B remainder option from my first master's and work in the business domain?