General Nonimmigrant Visa FAQs

H-1B visa holder travels abroad (Canada) for work sometimes; is an H-1B amendment required for change of address or location abroad?

Authored on: Tue, 09/20/2022 - 06:59

Question

H-1B visa holder travels abroad (Canada) for work sometimes; is an H-1B amendment required for change of address or location abroad?

Answer

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What are the chances of an H-1B visa (STEM OPT) after completing Masters in the U.S?

Authored on: Tue, 09/20/2022 - 06:56

Question

What are the chances of an H-1B visa (STEM OPT) after completing Masters in the U.S?

Answer

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Impact of alternate wage survey for H-1B LCA; the success rates of H-1B extensions; AC21 rule when the company is bought by a successor-in-interest

Authored on: Tue, 09/20/2022 - 06:36

Question

Impact of alternate wage survey for H-1B LCA; the success rates of H-1B extensions; AC21 rule when the company is bought by a successor-in-interest
 

 

Answer

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Change of employers after H-1B is approved and before October 1; the number of pay stubs required; revocation of H-1B before October 1

Authored on: Tue, 09/20/2022 - 06:27

Question

I am currently on F-1 Stem OPT, and my H1B got approved this year a few days back. My current company is shutting down its operations and moving everything to Mexico.
1. They have given me the last date of employment as 31st October 2022. So my question is how soon can I change my employer and can I transfer my H1B to a new employer before 1st October 2022? 
2. Also, if I can do my visa transfer only after October 1st 2022,?
3. Can I do that with 1 paystub, or will I require 2 paystubs?
 

Answer

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The H-1B remainder option: Calculating recapture of H-1B unused time

Authored on: Tue, 08/30/2022 - 07:01

Question

I had a quick question for you. I worked in the US from 2009 to 2012 on an H-1B visa, left the US in 2012, then came back on a new H-1B visa to work in the US from 2014 to 2017, and then left the US again in 2017. So overall, I didn’t use 3 years on both my H-1B visas. Recently I came to the US on an H-1B visa in mid-2022 using the unused 3 years on my most recent H-1B visa issued in 2014. This H-1B visa expires in mid-2025.

(a) Do I need to leave the US for one year after mid-2025 to be eligible for a new H-1B visa, or am I eligible to apply for a new H-1B visa after mid-2025?

(b) Is it possible for me to recapture unused 3 years on my previous H-1B visa issued in 2009 after my current H-1B status expires in mid-2025?

(c) Is the only way for me to extend my H-1B visa status in the US after mid-2025 is to file for PERM ETA 9089 (pending over a year) or have an approved I-140?

Answer

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How soon can I file for an H-1B transfer after joining, and do I need the employer's permission?

Authored on: Thu, 08/04/2022 - 03:56

Question

Q1. After the H-1B COS is approved, how long will I need to work with my current employer before I can file H-1B transfer?
Q2. Do I need permission from my current employer for H-1B transfer?
 

Answer

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Potential conflict between employment in India and F-1 visa status

Authored on: Tue, 08/02/2022 - 03:46

Question

I am currently working at a company in India. I am eligible to claim Employee Stock Option (ESOPS) on 17th August 2022. However, I will be landing in Dallas, USA on 10th August on F-1 Visa (For Fall 22). The company will still offer those ESOPs, but the official relieving date will be on 17th August. From 9th August onwards till 17th August, I will be on Loss of Pay Leave i.e (unpaid leave). I am worried that situation would create a conflict with my F-1 visa status.

1. I want to know whether this is legal as I will be employed at a company in India for 7 days after arrival in the U.S. on an F-1 visa.
2. Whether this will cause problems in future when I apply for OPT or H-1B or even EB-3 as my previous employment end date is 7 days after arrival in the U.S.?

Answer

1. It appears that you are getting a benefit based on the work you have already done. You will NOT be performing any "new" work for the Indian company.

2. I do not see this as an issue. 

 

Continuing work or reverting to STEM OPT during H-1B Change of Status

Authored on: Tue, 07/12/2022 - 03:45

Question

Q1. If I change my employer while my H-1B COS is filed but not yet approved, then can I keep using my OPT and STEM with my new employer, or I will lose both OPT & H-1B, and will be out of status?

Q2. If my H-1B COS is denied, then can I keep using my OPT and STEM, or I will lose both OPT & H-1B, and will be out of status?

Q3. How often does it happen that H-1B COS, transfer, and renewal get denied? And what could be possible reasons for denial?
 

Answer

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STEM OPT students filing OPT and green cards with multiple employers (renowned companies); impact of the size of the company on a green card petition; the impact of working remotely on OPT, H-1B, and green card

Authored on: Tue, 06/28/2022 - 03:15

Question

1. Can I have multiple employers i.e. jobs in the first year of OPT and also after getting STEM OPT extension?

2. Can all my employers start my green process simultaneously?

3. If H-1B COS is approved through one employer i.e. switched from OPT to H-1B, can I still continue other jobs and GC process with them? If not, is there a way to continue all jobs?

4. Does it make a green card case stronger if the sponsoring employer is a big renowned company like Microsoft or Amazon? Also, what about if the company is small?

5. Does OPT, STEM, and H-1B allow you to do a job that allows remote work from within the U.S. regardless of the pandemic? Is such a job eligible for H-1B and green card sponsorship?
 

Answer

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H-1B visa stamping

Authored on: Tue, 06/28/2022 - 02:59

Question

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?
 

Answer

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