General Nonimmigrant Visa

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

1 year 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.

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.

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

1 year 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?

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.

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

1 year 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.

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.

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Recording for May 01, 2025, Conference Call with Rajiv S. Khanna

1 year ago By Chief Editor

Agency

Nonimmigrant Visas

Immigration Law

Trump Administration

Green Card

FAQs:

Immigration impact of past criminal law allegations - Will a reduced traffic misdemeanor affect my US visa application? || Immigration impact of past omission or errors in Form DS-160 or other government forms || Immigration impact of prior dismissed Domestic Violence case ||

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

1 year 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?

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.

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Day 1 CPT and F-1 visa stamping

1 year 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?

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.