Change of status

Applying for tourist, visitors, B-1, B-2 to maintain status

Spoken to the current employer's attorney on Tourist visa , they replied its not a correct path moreover it takes much proofs to tell USCIS i was on H1b working for employer and then changing to visitors and then after certain period of time when i find a project, changing it back (i.e applying) to h1 makes this case more complex.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

Add new comment

Effect of H-1B Approval on H-4 EAD

My wife currently working on H4 EAD which is valid till October 2020. Her company filed for H1B this year and she got approval for 3 years starting 10/01/2019. However, She would like to stay on H4 EAD. Does law permits her to work on H4EAD even after her H1B approved? or naturally her work visa status will convert to H1B effecting 10/01/2019?

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

Add new comment

When Does One Become H-1B Cap Exempt - Change of Status/Visa Stamp?

At present I am working in OPT ( expires in June 2020). I have an unused stamped H1B visa which I got in August’ 2013 and my visa stamped in my passport on August,2014. However I never traveled/ worked with this H1B visa and expired in October’2016 without using or entry. I came to USA in January’2016 in F1 Visa. My question is can I use this unused stamped visa for cap exempt as transfer of employer from F1 visa to H1B visa now? or do I need to apply in Master’s cap next year.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

Add new comment

H-1B Joining Another Employer while a Transfer, Extension or Amendment is Pending

Situation: Resigned company A already and Got offer from employer B and applied H1B transfer(premium processing) but received RFE. But I have another offer from Employer C as well who is yet to file my h1b transfer Question:
1. If RFE is denied for employer B Can i join employer C with the receipt notice as Employer C has started H1B transfer by that time ?
2. How long one can stay in US without job/payroll having H1B ?

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

Add new comment

Impact on Current H-1B if Another H-1B is Denied

I am already on a cap-exempt H1b working for a non-profit full time. Another employer filed my H1b petition on the cap-subject quota on april 2018 and got an RFE april 2019 and was denied with a reason for maintaining of status. They asked my paystubs from my current employer. My questions are:
1. will there be any impact to my current H-1B?
2. If they only ask for paystubs, can I submit them and initiate motion to reopen the case? what are the possibilities of success.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

Add new comment

Travel While Change of Status Request is Pending - H-1B Related

I was planning on going to India for vacation (after I graduate, before I start work) and I had some questions about whether that would be alright from an immigration stand point. My lawyers are filing my H1B visa application this April; would there be any potential issues with the application if I was to leave the US in May/June?

There are multiple issues involved in traveling.

First, if someone travels while a change of status request is pending, they will have to obtain a visa stamping or reapply for an H-1B for change of status to activate the H-1B on or after October 1.

Second, getting visa stamping is by itself a highly uncertain process that could take from days to months. The consulates reopen and dissect the entire H-1B case from the ground up and try to find any reason they can to deny the case.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

Add new comment

The New Restriction on 12 Months of CPT OPT Combined – – Consequences of H-1B Denial on OPT

I am currently on F1 visa and working on CPT. My H1 petition was picked in the lottery this year and status changed to RFE 2 weeks ago. I wanted to know if August 9 unlawful presence rule applies in my case i.e; if I get a response for RFE after Feb 4 2019, that completes 180 days.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

Add new comment

Traveling Abroad While H-4 EAD is Pending

I changed my job from company A to Company B. H1,H4,H4 EAD is approved for company A. I moved to company B and my H1 change of employer is approved. While H4 is pending with company B. Can my wife travel to India and apply for H4 visa stamping in India?

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

Add new comment

Unlawful Presence for Minors

My son’s I-94 and visa are expired in June. We have applied for I-539 for extension in October. Will he be granted the extension.

Watch the Video on this FAQ: Unlawful presence for minors

Video Transcript

For a child under the age of 18 until they hit 18 there is no unlawful presence. They are only out of status. More...

 

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

Add new comment

Pages

Subscribe to Change of status