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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.

Can I stay in the U.S. on B-2 after H-1B employment ends and the grace period was previously used

4 days ago By Chief Editor
Question details

Currently, I'm on H1-B with an employer. My last working day with them would be on May 31st, 2025. I've already completed my grace period in the past, which was Sep 1st, 2024 - Oct 31st, 2024. I went back to my country and came to the US with my current employer. Now, I'm still looking for a new employer, and I don't think I can find one within this week. Can I still file for a B1/B2 visa and stay in the country without an employer from next week, May 31st, 2025? Can I be unemployed during the process time? Will there be any consequences?

 

ANSWER
FAQ Transcript

No, you can potentially stay on a B-2 visa after H-1B employment ends, even if you've used a grace period before.

Here's why: The 60-day H-1B grace period renews with every new H-1B approval (extension, amendment, or transfer). Therefore, if you received a new H-1B approval with your current employer, you would have a fresh 60-day grace period.

During this grace period, you can file for a B-2 (visitor) visa to remain in the US. You are not considered unlawfully present until your B-2 application is denied. However, it's crucial to consult an immigration lawyer for personalized advice.

 

Nonimmigrant Visas

Will admitting to an unsuccessful job search affect my B-2 visa extension approval?

4 days ago By Chief Editor
Question details

While applying for a B2 extension for job search, if I mention that despite giving so many interviews, I have not been able to get a job offer, will it increase or reduce my chances of approval?

 

ANSWER
FAQ Transcript

Admitting to an unsuccessful job search on a B-2 visa extension application is unlikely to negatively affect approval, and honesty is always recommended. While not explicitly required, it's a logical and natural detail to include in your extension request, especially since your initial B-2 was likely for job searching.

When seeking an extension, you should:

  1. Detail your job search efforts, including specific companies you've interviewed with and the outcomes.
  2. Demonstrate sufficient funds to cover your stay without unauthorized employment.

Providing specific details about your job hunt adds credibility to your petition.

 

Nonimmigrant Visas

New 5% remittance tax bill for non-US citizens: Will it pass and are non-citizens eligible for tax credit?

4 days ago By Chief Editor
Question details

I am reasonably sure that many people would be interested in learning about the new 5% remittance bill for non-US citizens and non-nationals. It's part of the big beautiful bill, so does it have a chance of getting passed? Is there a component of tax credit back for non-citizens (It says it has a tax credit back for taxpayers, but does not specify if they have to be US citizens/nationals or not) - if so, what % of it is reimbursed?

This would affect all countries, but India and Nigeria would be the most impacted. The media in both countries are covering it, but they are not mentioning the tax credit. We request that you shed more light on this bill and assist us with the possibilities, dates, and details.

 

ANSWER
FAQ Transcript

Passage of the Bill: It's unlikely to pass the Senate in its current form, despite passing the House. Such provisions often face significant opposition when bundled into larger bills, and there's limited political support for a tax specifically targeting non-citizens sending money home.

Tax Credit Eligibility: Generally, non-citizens are not eligible for most US tax credits, particularly those intended for citizens or permanent residents. While specific tax credit eligibility is complex and depends on individual circumstances and the credit itself, the expert notes that a tax credit component for non-immigrants would defeat the bill's apparent purpose.

 

Nonimmigrant Visas

Green Card

Employer deducted H-1B premium fee — Will this affect visa stamping or POE?

2 weeks ago By Chief Editor
Question details

My H1B was picked in the 2024 lottery, but there was no progress on the case for months, so I asked my employer to move it to premium. They said that it would be charged through my payroll, and I was okay with that. Later, I received an RFE, and the petition was approved recently.

My employer has already started deducting the premium fee from my last payroll (it is set to be deducted across 6 pay cycles). But when I checked my payslip, that deduction was not mentioned in it. Instead, the base pay is reduced by the installment amount, and then all the taxes are calculated on the reduced amount. This means that for the 6 pay cycles, my pay will be run on an amount lower than the LCA amount.

Will this cause any problems during stamping or at the port of entry? Please let me know if there is anything I can request my employer to change in this process.

 

ANSWER
FAQ Transcript

Employers are generally not allowed to deduct H-1B premium processing fees from an employee's salary. Most believe the employer should bear this cost. Such a deduction effectively reduces your actual pay, which could lead to issues if your salary falls below the LCA (Labor Condition Application) stipulated amount, or even if it remains above but is lower than your expected wage.

To mitigate this, you should ask your employer to consult an immigration lawyer and reimburse you for the deducted amount, restoring your salary to its original level. This step, while not a guaranteed fix, is crucial for addressing the issue.

 

Nonimmigrant Visas

H-1B extension beyond six years. PD is now current. I changed employer. Options

2 weeks ago By Chief Editor
Question details

My GC was filed, and I-140 was approved in 2012. My PD is November 2012, which became current in March 2025. However, I changed employers a few years back. My current employer is willing to start my GC application but hasn't started yet. Do I really have only one year from the time my PD turned current to file for AOS? If yes, what are my options to maintain my H1 status?

ANSWER
FAQ Transcript

If your I-140 is approved and your priority date becomes current, you generally have one year to file Form I-485 (Adjustment of Status) to maintain H-1B extension eligibility beyond six years. This one-year window is dynamic: if your priority date retrogresses and then becomes current again, the clock resets. USCIS rarely accepts changing employers as a valid reason for not filing the I-485 within this timeframe, making H-1B extensions difficult if you miss the deadline while your priority date is current.

 

Nonimmigrant Visas

Green Card

Port of Entry (POE) risk for a green card holder with a concurrent employment history?

1 month ago By Chief Editor
Question details

I had a green card and worked for two remote employers simultaneously for two years without knowing each other. Got two W2s for two years. But for the last year, working for only one employer. Planning on vacation outside of the country. Do I have any issues at POE because I am employed at multiple places at the same time?

 

ANSWER
FAQ Transcript

A green card holder working two remote jobs simultaneously without their knowledge, receiving two W2s and presumably paying taxes, has likely committed a potential violation of their employment contracts (a civil matter), but it should not impact their green card status or ability to travel, assuming their overall green card history is clean.

Agency

Green Card

Immigration impact of past criminal law allegations - Will a reduced traffic misdemeanor affect my US visa application?

1 month ago By Chief Editor
Question details

I was involved in a car accident 2 years ago and got a traffic misdemeanor ticket that was reduced to illegal parking and 200$ fine from court. There was No Arrest & No Hearing. Given the current crisis, I would like to know whether it will impact my visa or immigration cases. If yes, how can we avoid those problems?

Related FAQs:

FAQ: Immigration impact of past omission or errors in Form DS-160 or other government forms.

I am a mechanical engineering PhD student in PA on an F1 visa from a ROW, with no travel ban. Came to the US in Dec 20XX.

When applying F1, made a mistake in DS-160, said i never applied to immigrant visa before though I had applied to DV (DV rejected). I only said so without realizing DV is also called an immigrant visa (I thought it was company sponsor, marriage, etc.); it was an innocent mistake. I realized it last week in an immigration seminar at uni. I also applied for DV after arriving in the USA.

I-20 ends in 12/20XX, F1 ends in 11/20XX, and the passport ends in 2032. Will travel be an issue before 11/20? How likely is it that a random check will reveal this mistake without traveling? I'll tell the truth when asked, but what are the consequences? What can I do?

For OPT, STEM OPT, or if I need extra PhD time and graduate in 2028, will it be a problem if I extend the I-20 duration? Or if I switch to another US uni next semester?

NIW prepared DIY, ready to file, but unsure because it is an immigrant visa, similar to DV. Wanna do PP, with approved I-140, can I get OPT or stem opt (before filing 485)? Should I go home for a visa extension, or can Mexico/Canada do it?

FAQ: Immigration impact of prior dismissed Domestic Violence case

I had a domestic violence case 5 years ago, which was dismissed. With the new government now and the news about visa denials and deportations, can you please tell me your thoughts on if there will be any problems with my stamping even if I get the stamping done successfully, will there be challenges entering into the US in the port of entry?

Or there are no changes in how visa processing is handled for people with dismissed domestic violence cases. Thank you for your guidance.

 

ANSWER
FAQ Transcript

Minor past infractions, even those reduced to non-criminal violations like illegal parking, are causing concern for visa applicants. Here's a breakdown:

  • Non-immigrant visas (B1/B2, F/J): These are the most vulnerable. Even minor issues can be raised during visa stamping due to a shift in the US government's stance, though denial based on a reduced traffic misdemeanor is unlikely. The impact on already issued visas is still unclear and is being litigated.
  • Work visas (H, L, E): These are less likely to be affected by minor past incidents.
  • Green cards: Generally, only more serious issues, like drug convictions or multiple convictions, pose a problem.
  • Citizenship: Good moral character is required, but incidents outside the 5 years preceding the application usually aren't a major concern, and rehabilitation can be a factor.

Regarding the specific question about a traffic misdemeanor reduced to illegal parking with a fine:

  • Immigration impact: It should not impact your immigration status (deportability/inadmissibility).
  • Visa impact: While the government might cause a delay during stamping, they should not deny your visa based on this.

Crucially, it is recommended to consult with a lawyer specializing in deportation/removal defense (with at least 10-15 years of experience) in the state where the incident occurred to understand the specific potential impact on your case. Dismissals can sometimes have immigration consequences even if they aren't criminal convictions.

 

Nonimmigrant Visas

Immigration Law

Laid off H-1B filing B-2 extension for job search explained

1 month ago By Chief Editor
Question details

Could you please briefly explain the process and the basis for filing for B-2 extension for job search? Is it the same I-539 form and process? And do we need an attorney for this?

ANSWER
FAQ Transcript

The process for filing a B2 extension for job searching after an H1B layoff is the same as the initial B2 application, using Form I-539. However, the supporting letter and evidence should detail your job search efforts, including companies contacted and resumes sent, and demonstrate sufficient financial resources to avoid unauthorized employment. While an attorney isn't strictly necessary for most cases, it can provide peace of mind, especially if you have the means. If you receive a Request for Evidence (RFE), you can always hire an attorney at that stage.

Nonimmigrant Visas

Immigration Law

Day 1 CPT and F-1 visa stamping

1 month ago By Chief Editor
Question details

My STEM OPT expires in October 2025 and my H1b has not picked in the lottery in the 3 attempts. I want to know what options do I have to continue working for my current employer? The most common option I have been recommended is Day1 CPT. I need to travel to India in November 2025 for my wedding and wanted to know what process should I follow getting a F1 stamp/ restamp under Day1 CPT. Also, are there any other options that I can use to continue working for existing employer and still be able to travel to India in November.

Main concern is F1 stamp/ restamp on Day1 CPT. What can I do on my end to ensure successful stamping? Or can should I travel to India now when I have valid STEM OPT to get a stamping under the current F1 status.

Another option I came across is Open Avenues, where I get a cap exempt H1B visa for part time job and I can continue my full time role alongside it. What are your thoughts on this option and what do stamping success rates look under this option?

ANSWER
FAQ Transcript

Generally, pursuing day one CPT and then going for F-1 visa stamping carries a higher risk of denial. While the outcome depends on the visa officer's judgment, selecting a course of study under CPT that aligns with and furthers your career is the primary recommendation to potentially improve your chances.

Nonimmigrant Visas

Impact of errors in tax return; IRS payment plans

1 month ago By Chief Editor
Question details

I have not gotten to the stage of I-485 filing, but I had a general question. Let's say I accidentally put some wrong information in my tax returns, then I assume IRS will contact me about it. As long as I am on a payment plan with them, and pay everything I owe properly, would it still affect my I-485 approval chance? I am just worried about any unintentional errors from my end.

ANSWER
FAQ Transcript

Dealing with IRS issues, such as a payment plan due to errors in tax returns, should generally not negatively impact your I-485 application as long as you are actively in the process of correcting the situation.

Agency

Green Card

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