US Immigration Questions

H-1B visa stamping

Question details

1. Is H-1B visa stamping  required?
2. Can an H-1B visa be obtained while remaining in the US? 
3. Can an H-1B visa be rejected?
 

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FAQ Transcript

1. The answer is No. It is only required if you travel outside.
2. It is a good idea to check with the consulate and they will respond through emails. 
3. Absolutely.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Denial of downgrade I-140 on the basis of the employer's ability to pay; impact on approved EB-2 and pending I-485?

Question details

My EB-2 I-140 was approved in 2014. Like many others, in 2020, I filed for a downgrade from EB-2 to EB-3 with the same employer. The EB-3 I-140 was denied on Ability to Pay grounds. Now, my EB-2 date is current and I have refiled an I-485. Will there be any impact of the denial on my approved EB-2 I-140 and I-485?

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FAQ Transcript

I would suggest you sit with your lawyers and figure out if there is a possibility of starting another green card with this employer, while this case is still going on. Because, if you are able to preserve your priority date and get another green card approval through PERM and the employer has the ability to pay wages, then it makes more sense to file another green card through this employer or through any other employer.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Consequences of unauthorized employment generally, and for F-1 visa students particularly

Question details

I am on an F-1 visa. I just need to know what are the consequences of working without authorization. I have a situation due to a hardship problem during the Covid times, I worked for one and a half months (approximately I don't remember exactly). I had a loan that paid my tuition but during the Covid times the bank from my hometown denied the transfer of funds. So, for that particular period I worked because I did not have a choice. All of my family members were fighting the worst covid situation at that time. There are five people in my family; four were in the hospital for weeks. I was not aware that working without authorization is a serious violation of my status.
In the future when I apply for H-1B or apply for OPT, what kind of consequences do I face? What are my options to get out of this situation? Can we get one pardon from the USCIS for this mistake?
 

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FAQ Transcript

The DSO could assist you in this matter and figure something out. But be prepared to leave the United States and secure a job if possible. Keep applying for an H-1B and if you ever get through the lottery and you get an H-1B approval make sure that you reveal in your visa papers that there was a violation. Be truthful about it. Remember this is not a ground for denying your H-1B. Therefore H-1B is definitely a possibility, but getting back the student status may be difficult.
 

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

H1B Transfer before October 1

Question details

Hi Rajiv ji, This is Harsh. I work for an employer A on STEM OPT. They registered me for the h1b lottery but it didn't get picked up. But I also had another offer from other employer B they also registered me for the h1b lottery and it got picked up and they have filed my h1b case and it's approved now. Can I transfer my h1b to employer A now before October 1 ? Please let me know

If the employer who filed your H1B revokes it before October 1, the current thinking of the USCIS is that you have lost your place in the lottery.

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Does reusing priority date cancel an old case?

Question details

Hi Rajiv, My PERM is pending approval with Employer A. I have an approved PERM with employer B and they are ready to file my I-140. My intention is to stay with Employer A if the PERM is approved , when my I-140 is being filed by Employer A , will I need to mention the Previously filed I-140 with Employer B? I don't want to use that priority date and I am ok with the new priority date from Employer A . Moreover, Employer B will not be willing to provide me the I-140 details. Thanks, Ashok

You may have a mistaken understanding of the law. Just because you have used a priority date obtained through Employer-A for a petition with Employer-B does not in any way take that priority date away from Employer-A. You can use the same priority date in multiple cases, through multiple employers without any priority date canceling out another.

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Dropping education to work

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Hello Sir, Thank you for everything you do. I am planning to enroll in a Day 1 CPT MBA program and was wondering if dropping the course midway will affect my chances of getting a future H1-B or L1-A to green card process? Also, do you know any way that we can vet a university before joining the program? Thank you, Jaidev

As long as you act in good faith (honest intentions), dropping a program of study should not be an issue. Also, you can continue going to school part-time or even full-time if you like while you perform your job on an H-1B or L-1A.

FAQ Transcript

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

EB3 to EB2 interfile after using Advance parole

Question details

My current stamped visa has expired, I've received EAD & Advance parole (EB3) which is valid till July 2023. I'm still on H1B and haven't used EAD or advance parole. I've a 4 days closed loop cruise trip planned from Florida to the Bahamas. I would be using my advance parole to re-enter the country. If I use advance parole (EB3) to re-enter the country , can I interfile in EB2? Would using advance parole (EB3) to re-enter the country change my status to immigrant and impact my ability to iterfile in EB2?

Read my comment on my blog. The USCIS has said they will permit interfiling even after reentry on advance parole.

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Layoff after H-1B Lottery Selection

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Hello Rajiv, I recently got layoff from my employer but I was lucky enough to get selected for the H-1B lottery. The bad thing is that they still haven't submitted my H-1B petition yet. I am wondering if I have an offer from a different/new employer, will they be able to file the H-1B petition for me?

Unfortunately, lottery selection cannot be transferred to another employer. If the H-1B is approved and not withdrawn before October 1, it can be transferred.

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

H4 stamping on H-1B extension without H-1B current stamping

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Hello, I have my current h1 valid till Sep 2022 and my extension has been approved. If my spouse went for h4 stamping in Sep after my current h1 gets expired, Do I need to get my visa stamped first for the extension or only extension I797 will be suffice to get h4 stamping. Thanks, Ashish

US consulates in recent years have not insisted on H-1B visa stamping before they stamp an H-4 visa.

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Interfiling - the downgraded eb3 140 amendment is still pending?

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Hello Rajivji, Following up on the above question: if the downgraded EB3 140 amendment petition is not yet approved, could we then interfile with the previously approved EB2 140? Since the EB3 140 filed as an amendment is not yet approved, is the previously approved EB2 140 still active and valid? If so, can we use it for interfiling? What is the right thing to do? Please advise. Appreciate your guidance!

I see no problem with interfiling as long as the 140 amendment is not approved (it should have been filed as a "new petition"). You need your lawyers' review and the final decision, but legally, I see no issue.

FAQ Transcript

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.