General Nonimmigrant Visa

What happens if I get laid off while holding a work visa (H-1B, L-1, etc.)?

SUBSCRIBE to Immigration.com YouTube Channel for further updates.
Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
Rajiv Khanna Blog: http://www.immigration.com/blogs
Twitter: https://twitter.com/immigrationcom
Facebook: https://www.facebook.com/immigrationd...
Linkedin: http://www.linkedin.com/in/rajivskhanna
YouTube: http://www.youtube.com/immigrationdotcom
Contact Us : (202)909-1110, help@immigration.com
Address: 5225 Wilson Blvd., Arlington, VA 22205

---------------

FREE US Immigration Help We host free community conference call every other Thursday. Anyone is welcome to call in. Details are at: http://www.immigration.com/us-immigra...
To post questions for community calls, visit our forums at https://forums.immigration.com/forums..

Immigration Law

Volunteer work on an H-1B visa

Question details

I'm on H-1B, can I work for a startup on a volunteering basis for a technical engineer role? The work is done remotely and the owner of the startup is based in Russia.

Video URL
FAQ Transcript

I do not see why not. Let the company look into the Fair Labor Standards Act (FLSA), and under the Fair Labor Standards Act there are restrictions on free work being taken by for-profit companies. Non profit companies are a different matter. For-profit companies could have a violation of labor laws if they take free work. That of course is not your problem, that is the company's problem.
 

---------------------------------------
Note: 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.

Parents staying in or traveling to the U.S. while their green card petition is pending

Question details

Would there be any issues with parents reentering the country after filing for GC application? Say the parents entered the US on a B1/B2 visa but applied for GC while they were visiting (not for the first time). They were going to file for it once they were back in the home country anyway, but decided to submit the application now than at a later date due to some health situation that came up during the visit.

Are there chances of the application being denied/or will the parents not be allowed to reenter the country because there have been some medical emergency that happened during the visit? Should those factors need to be addressed before exiting the country before the 6 months stay time is up? And would it still be a problem if that has been addressed with the provider, given it will all be in the history file now? Would there be some state assistance that anyone can get some help with in terms of financial and patient well-being and all?
 

Video URL
FAQ Transcript

I have known many immediate relatives of the U.S citizens and they have never had a problem. However, theoretically the problem exists. It would be right to do an immigration pre-clearance somewhere close to home.

Regarding your query on medical emergencies, you could tell them that your parents took the medical treatment. As long as there was no government funding I do not see any problem.
 

---------------------------------------
Note: 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.

Can an H-1B holder open an LLC in the US and employ their spouse on H-4 EAD?

Question details

Can an H-1 VISA (Resident tax alien without a green card) Holder set up an LLC in the USA? If yes, can his spouse on H-4 VISA with EAD work in that LLC?

Video URL
FAQ Transcript

The problem with H-1Bs is that you cannot be working for any other company including your own. The  smart thing would be to let your wife start her own business. She can manage, run and own the business. You could be a passive owner without any active participation. 
 

---------------------------------------
Note: 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.

Can I change my status from B-1/B-2 to H-1B, L-1, F-1?

Question details

I have worked in the U.S. under L-1\H-1B from June-2015 to March-2020. I have been in India since the last 2 and half years (Not working for any US based company). Now I have got Job offer from a US company and the H-1B I-797 petition is approved. I have a previous employer's H-1B Visa stamp (which expired last month) in my current passport, and B1/B2 Visa stamp(got in 2013 and valid till Sep-2023) in my older passport. I also have approved I-140 (EB2) from my previous employer.

My Question is due to the high wait time for Visa appointments, in worst case, if I can not secure a visa appointment anywhere close to joining date, can I travel to the US with a valid B-1/B-2 Visa and approved I-797 and later change status to H-1B and join the job? If yes, would it impact the GC process in future?
 

Video URL
FAQ Transcript

I would strongly recommend against it. I think you would do a lot better trying to get an H-1B Visa stamping in a third country. People are going to places like Singapore, Hong Kong and Maldives. Look around India and you might be able to make an appointment. 
 

---------------------------------------
Note: 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.

Can I do two STEM OPTs, one after bachelor's and the other after Master's degree?

Question details

I am in the 1st year of my 2-year STEM OPT after completing Bachelors Degree. Can I do another set of OPT + 2 year STEM OPT if I complete my Masters Degree? Does the Masters also have to be in STEM field to utilize the post Masters OPT+2 year STEM OPT?

Video URL
FAQ Transcript

You can get a STEM OPT extension twice in one academic life cycle. Even if you did a STEM degree  and never used stem opt extension you should be able to reuse it. 

 

---------------------------------------
Note: 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.

How can I maintain my H-1B while working outside the USA?

Question details

I would  highly appreciate it if you could share any insights for my case. I hold H-1B working for MNC in Seattle, USA. I applied for Canada PR and it was confirmed. I will travel by car to Vancouver Canada and work in Canada remotely with a Canadian house address. At the same time I want to maintain my H1B visa. Is that possible and how? I got to know H1B is valid as long as we work on US soil. 

Video URL
FAQ Transcript

Sure, but maintaining an H-1B simply means that your H-1B is not destroyed just because you are not working here all the time. Also remember that you can recapture the time spent outside.
For more on this topic please visit my author page.
https://economictimes.indiatimes.com/etreporter/author-rajiv-khanna-479254772.cms
 

---------------------------------------
Note: 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.

STEM extension expiring, options to stay in USA, Is Day 1 CPT safe and legal?

Question details

I am currently on STEM Extension and my visa expires in July 2023. I also have a masters degree here in the states. I wanted to know what my options are..
If the suggestion is Day-1 CPT, I wanted to know how safe/legit it is! I have heard that going on Day-1 CPT can cause some issues when your H1 gets picked and may lead to RFE?
 

Video URL
FAQ Transcript

It is legal and so far it has been safe. You know that the rule for Day 1 CPT requires that when you join, you are associating with a graduate program otherwise you cannot get a Day 1 CPT. The Curricular Practical Training is an integral part of your degree. You cannot finish the degree without the practical training. The other thing is the employer signs the cooperative agreement with the university. The only additional suggestion I have is if you are going to do Curricular Practical Training make it as an adjunct to your profession.

For more information please check my blog.
https://immigration.com/blogs/curricular-practical-training-cpt
 

---------------------------------------
Note: 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.

ACICS Loss of Recognition May Affect Certain Students Applying for English Language Study and 24-month STEM OPT Extension Programs, H-1B, and I-140 Applicants

Release Date 

On Aug. 19, the U.S. Department of Education (ED) announced that it no longer recognizes the Accrediting Council for Independent Colleges and Schools (ACICS) as an accrediting agency. This determination immediately affects two immigration-related student programs:

Recording of October 27, 2022, Free US Immigration Community Conference Call with Rajiv

Immigration Law

FAQ: What happens to H-1B after Green Card approval? || OPT eligibility requirements, F-1 status for one academic year, and Change of Status or visa stamping from back to H-4 || PERM issues for a green card for remote jobs - headquarters || Can an H-1B visa holder rent via Airbnb? Is this a violation of status? || How long does it take from PERM to Green Card, and difference between NIW and PERM Labor Certification? || Applying for E-2 Visa with a pending family-based Green Card; who can be the main applicant for an E-2 visa? ||