US Immigration Questions

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. This answer is for information purposes only and does not create an attorney-client relationship.

H1B transfer from cap exempt to non-exempt

Question details

I want to know how to transfer H1B from cap-exempt to non-exempt.

ANSWER

You will have to go through the lottery system to transfer. But concurrent employment is possible, keeping both exempt and non-exempt H-1B jobs simultaneously.

Nonimmigrant Visas

1099 on 2nd Concurrent H1B

Question details

Can I work part-time as 1099 (independent contractor) on a (concurrent) 2nd H1B? The work is related to my expertise/education and I currently have a full-time primary H1B employment.

ANSWER

An H-1B requires a W-2.

Nonimmigrant Visas

Does an H-1B Transfer approval overrule an earlier transfer?

Question details

I am on my 60 days grace period. I am doing H1B transfers and have one offer from a staffing company that I have joined already, and one offer from a full-time company. The staffing company has filed an H1B transfer in premium, and the full-time company is yet to file this coming week.

I have joined the staffing company. Suppose if H1B transfer with the staffing company gets approved this coming week. Does that transfer from my ex-company to a full-time company still stay valid, or now as H1B with the staffing company is approved I have to transfer it from staffing to a full-time company?

ANSWER

If two companies file for your H-1B transfer within the 60-day grace period, both approvals of the transfer are valid. One does not overrule the other. You can choose either one.

Nonimmigrant Visas

Volunteering on a non-profit board committee while on H-1B or H-4 visa: Implications for visa stamping and green card process

Question details

Can a person on H-1B or H-4 visa be on the Board committee (Vice President) for the US based non-profit religious organization without pay (volunteer) ? Would it create any issue on visa stamping or GC process?

ANSWER
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FAQ Transcript

You can work if the company is non-profit. There is no issue as long as you do not get paid in any way. If it is a for-profit company you could have a problem unless they tailor make the program according to the principles of labor laws.

Green Card

Filing H-4 and H-1 simultaneously || Status of F-1 once H-4 is approved || Most efficient way to get EAD F-1 or H-4?

Question details

My case in brief:

I am currently of F1 OPT (STEM), valid until 15th June 2023.

My company will be filing for H1B this March.

However, I am wondering if I should be filing for an H4 visa simultaneously.

Could you tell me how long it takes for an H4 visa and an h4 EAD to process?

If I file for an H4 visa in February, would I lose my f1 visa as soon as the h4 visa is approved?

Is there any new policy where I can get h4EAD sooner? And moved my F1 EAD to h4 EAD without any employment gap?

Should I wait for the h1b result before applying for an h4 visa?

What is the best scenario to switch from F1 OPT EAD to h4 EAD, without/minimum employment gap?

 

ANSWER
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FAQ Transcript

If you have been selected in the lottery, you will get a cap gap extension.  If you do not get selected in the lottery, then obviously you have to go to H-4, you have plenty of time to figure that out. As soon as the change of status is approved, you lose your F-1.  Premiuming through your husband would be great if that works for you.

NIW: Porting priority date

Question details

Hello, Let me start with my question: Is it possible to port priority date from an existing employer sponsored EB2 petition to a new EB2 NIW petition ? I am an Indian citizen with a masters degree in Electrical Engineering from Univ. of Maryland College Park. I have a pending EB2 petition (approved I140) through my employer but am also exploring a self petitioned EB2 NIW application in parallel. I would like to understand if the earlier priority date from my employer sponsored petition can be ported to the NIW petition, if approved. Please advise. Thank You Mathew

ANSWER

Yes. You can port the PD.

H-4 visa dependent children change of status to F-1 before 21

Question details

My daughter was born in Canada and is on my H-1 visa as an H-4 dependent. She is currently studying 2nd year of her Bachelor's degree and will turn 21 in July/2024. I have a couple of questions, and they are
1. By what date/age she needs to change her status from H-4 to F-1?
2. Once on F-1 status, are there a minimum number of months/semesters/years she has to complete before being eligible for a CPT or OPT?
 

ANSWER
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FAQ Transcript
  1. She needs to file for a change of status before she turns 21.
  1.  I believe it is two full semesters one academic year, double check that with the DSO.

 

Can H-4 EAD start a Business in any State? Can a relative's company file H-1B?

Question details

Can an H4 EAD holder start a business in any state, or do they have to be in the same state as the primary applicant's H-1B?

Another question is can a relative's LLC file for H-1B if they have a need and it aligns with my MS coursework?

 

ANSWER
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FAQ Transcript

It can be done, but H-1B is not complicated that's absolutely straightforward.

Can H-4 visa (no EAD) holders take an unpaid internship?

Question details

I am an LLM student on H4 (no EAD). My college offers paid and unpaid supervised externships (optional classes) for 2/3 credits as part of our course. Can I participate and work in an unpaid supervised externship on H4 without EAD?

ANSWER
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FAQ Transcript

Sure. I don't see any problem for you, the employer should watch out for themselves.

 

FAQ: Multiple companies applying for H-1B Cap registration - H-1B lottery

Question details

I am an international student currently of F-1 visa status and will be graduating in May-23. I have the below questions:

1. Can multiple companies / employers apply for H1-B on my behalf in this upcoming H1-B cap pool?

2. If yes, is there a possibility that the employers might get to know about this?

3. Should my name in the passport and birth certificate match exactly? My birth certificate has an abbreviation my last name but my passport has my complete last name.

 

ANSWER
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FAQ Transcript

When there is no connection between two companies, and they are not colluding to help somebody get an H-1B visa or increase their chances of getting selected in the H1B lottery, multiple companies can file. Interestingly, even different units within the same bigger company could file if they have a genuine need and not face any issues.