H-1B Visa
H-1B visa is reserved for "specialty occupations." Those that require a at least a bachelor's degree in a specific subject or closely related subjects.
H-1B Grace Period Related Issues
I have just 50 days left on my H1B grace period, and I need to get an employer to transfer my H1B, or I will be kicked out of the States. My question is, which of the following paths should I choose?
1) I have a Canadian visitor visa, which is for six months, so can I go to Canada if I don't get a job by the grace period?
2) If I don't get an employer should I shift on B1/B2? If I do, how can I come back on H1B? Is there anything else you suggest to keep my H1B active?
1. Sure. If you're not in the US, you can go anywhere. Please review my post on the immigration.com blog and my article in the Economic Times.
2. If you think it will be difficult to find a job for a long time and are okay with returning to school and earning another degree, you should consider CPT an option. If you do not think you'll get a job relatively quickly, you should try the B-1/B-2 option. People have been getting extensions to B-1/B-2.
Recording for July 25, 2024 Conference Call with Rajiv S. Khanna
Citizenship and Naturalization
Nonimmigrant Visas
FAQs: Naturalization eligibility for recent extended absences over six months and less than one year from the U.S. || H-1B Grace Period Related Issues
Recording for July 11, 2024 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
FAQs: Eligibility for 1-year H-1B extension under 365-day rule based on PERM filed on November 1, 2023 || Assessing eligibility and strengthening profile for EB2-NIW application without a research background
Eligibility for 1-year H-1B extension under 365-day rule based on PERM filed on November 1, 2023
My PERM was filed on November 1, 2023, and my current visa expires on October 10, 2024. Am I eligible to apply for a one-year extension based on the 356-day rule? If so, is July a good month to apply for a one-year extension?
OR do I need to travel back to my Country and apply for an extension after 1st November 2024?
H-1B extensions beyond 6 years are possible through an approved I-140 or a PERM labor certification pending for 1 year. For PERM-based extensions, you can apply before the 1-year mark, but the extension only becomes effective after a full year. For example, if your PERM was filed on November 1, 2023, and your current H-1B expires in October 2024, you could apply for an extension in July 2024. However, the extension would only be effective from November 1, 2024. You may need to leave the country temporarily if there's a gap between your current H-1B expiration and the extension's effective date.
Work authorization, visa stamping, and optimal strategy for a laid-off H-1B professional
- I was on an H-1B visa and got laid off. I then switched to a B2 visa to extend my stay in the US after the 60-day grace period. My B2 visa is about to expire. I can request an extension of the B2 visa, but I want to enroll in a master's or a PhD program. Once I switch to an F1 visa, will I be allowed to work on H-1B (or any other visa) if I get a full-time job during my course period? If I am allowed to work, can I also continue my course?
- When the F1 is approved, will I have to leave the US to get my visa stamped and re-enter (as I am currently on a B2 visa)?
- What would your suggestion be considering the different visa options I have? Should I extend my B2 visa or switch to an F1 visa?
- Absolutely, you can convert back to H-1B, and you can continue your course.
- No.
- If you think you can find a job in the next six months, stay on the B-1/B-2. But if you think that's dicey or unknown, I would rather have you spend your time studying, getting more education, and, if possible, getting curricular practical training.
Moving to India in 2025 on H-1B extension, I-140 portability, and future U.S. opportunities
I need to relocate to India for family reasons in 2025. My I-140 has been approved for over 180 days, and my initial H1B visa is valid until August 2025. I want to keep my options open if I decide to return to the US in the future.
1. Is there any difference in moving to India before or after filing for my H1B extension if I plan to return to the US with the same or different employer?
2. Additionally, is there a time limit within which I must return to the U.S. with the same or a different employer with an approved I-140?
3. Do I need to go through the H1B lottery again anytime if I want to return in the future?
4. Does it matter if my PD is current when I return to the US?
- There is no difference.
- Definitely, in about six years, there will be no issue.
- No.
- Yes, that can be a problem.
Recording for June 20, 2024 Conference Call with Rajiv S. Khanna
Immigration.com
Nonimmigrant Visas
Green Card
FAQs: Moving to India in 2025 on H-1B extension, I-140 portability, and future U.S. opportunities || Extending parent's stay in the U.S. beyond six months on a B-2 visa
H-1B 60 days grace period H-1B transfer; Impact of switching to B-1/B-2; and family visa validit
1. I am currently in a 60-day grace period due to a layoff and am in the process of finding a new employer to file an H1B transfer. I have two questions regarding my situation:
If I apply for a B1/B2 visa on the 59th day of my grace period and it is approved within two weeks, can my new employer still file an H1B transfer using premium processing?
2. Specifically, I am concerned about the impact of my status change from H1B to B1/B2 and then back to H1B on the processing of the transfer.
3. My family members hold a valid US visa stamping until March 2027, which was obtained using my previous employer's I-797. Can they enter the US using this existing visa with a copy of my new employer's I-797 at the port of entry?
- No, because if you are on B-1 or B-2 status, then you are not on H-1B.
- If the B-1 or B-2 status is approved, then it obviously replaces the H-1B.
- You can maintain the H-1B only if necessary.
Rajiv's Article - Is it a good idea for laid off H-1B workers to switch to a US tourist visa, and back again? Open Primary tabs configuration options Primary tabs
Published by: The Economic Times - Date: May 25, 2024
https://economictimes.indiatimes.com/nri/migrate/is-it-a-good-idea-for-…
Synopsis