What kind of problems can employment-based nonimmigrants (H-1, L-1, E-1, E-2, E-3, TN) face during reentry?
I think this question is most relevant for H-1 holders, but other employment-based nonimmigrants may also note the general principles here.
Published by: The Times of India - September 30, 2025
Quotes and Excerpts from Rajiv in the article:
FAQs: New 5% remittance tax bill for non-US citizens: Will it pass and are non-citizens eligible for tax credit?|| Will admitting to an unsuccessful job search affect my B-2 visa extension approval?
My H-1B to B2 status change (I-539) was approved, and the I-94 expiry date on my B2 approval notice is 21 April 2025.
Now, if I apply for a B2 extension or F-1 change of status, then can I stay in the USA after 21-Apr-2025 while my decision is pending?
Yes, you can generally stay in the US while your B-2 extension or F-1 change of status application is pending, provided you file it before your current status expires. This applies to most applications filed while still in status (e.g., H-1, B-1, B-2, L-1, E-1, E-2). If your I-94 expires on April 21st and you apply for a B-2 extension or F-1 change of status before that date, you can stay in the US while your application is pending because you filed it timely.
I hold an H1B Visa, and it is time for an extension. At the same time, I applied for my I-485 a few years ago, and I recently renewed my EAD, which is valid for 5 years. My priority date is June 2013. At this time, I am a bit confused about whether to move on to EAD or if I should continue to extend my H1B. If, for any reason, my H1B extension goes wrong, will I still be able to use my EAD? Thank you always for your support.
You should maintain your H-1B while your I-485 (AOS) is pending. If something goes wrong with your I-485, you could end up without legal status or work authorization, creating complications. Keeping your H-1B (or L-1) active provides a backup. While your spouse can use an EAD, losing their status is less risky than the primary applicant losing theirs.
FAQs:
1. Can I volunteer with a Non-Profit while on any temporary visa (for example, F-1 OPT)?
2. Options after layoff on approved EB-1 - Compelling circumstances EAD and GC EAD conversion
3. NIW I-485 rejected: Refiling options and priority date usage?
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mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
I worked in the US for the last 3 years on STEM OPT but did not get selected in the H1B lotteries. I returned to India in June 2024 and have been working with the same company since then. My employer plans to file my L1A visa petition after July 2025.
Can I also participate in the upcoming H1B lottery?
Would applying for the H1B affect my L1A petition?
Additionally, given that I have worked outside the U.S. for a year within the last five years with the same company, is it possible to transition from H1B to L1A status?
Yes, L-1A holders or applicants can also apply for the H-1B lottery. Filing for H-1B will not impact your L-1A application unless there’s a discrepancy in the job descriptions for the two applications.
Additionally, if you’ve worked outside the U.S. for at least one year in a managerial role, you can transition from H-1B to L-1A later.
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