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.

Dealing with 221(g) Administrative Processing Outside the US

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Does a 221(g) Administrative Processing notice issued during visa stamping impact a new H-1B petition filed by a different employer?

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If the 221(g) was issued because the consulate was investigating the prior employer's legitimacy or availability of work, it will generally not impact a new H-1B petition filed by a completely different company. However, if the 221(g) involved an investigation into the applicant's personal background, security, or qualifications, the consulate will not issue a visa for a new employer until that underlying investigation is resolved.

Marrying a US Citizen While on a "Bridge" B-1/B-2

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If engaged to a US Citizen while on an H-1B grace period, is it better to marry and file an I-485 Adjustment of Status before the grace period ends, or file while a B-1/B-2 "bridge" application is pending?

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Although US immigration law forgives unlawful presence for immediate relatives of US Citizens, marrying and filing before the 60-day grace period ends is strongly recommended whenever possible. Relying on a pending B-1/B-2 application while adjusting status introduces unnecessary legal complexity and risks.

Managing an H-4 RFE During an H-1B Transfer

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How should an H-1B petition be sequenced if the beneficiary has a pending H-4 extension currently subject to an RFE questioning maintenance of status during a prior grace period?

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When USCIS is actively scrutinizing H-4 maintenance of status, avoid filing the new H-1B in Premium Processing initially. If adjudicated while the H-4 RFE is pending, USCIS may deny the H-1B change of status. It is advisable to either wait for the H-4 RFE to be resolved before filing the H-1B, or file the H-1B under regular processing, wait for H-4 approval, and then upgrade the H-1B to Premium Processing.

When Does the 60-Day Grace Period Actually Start?

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When does the 60-day H-1B grace period officially begin if an employee's last physical working day differs from their official termination date on payroll?

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While some archived USCIS guidance suggests the grace period begins based on the last payroll date, taking a conservative approach is strongly advised. To avoid status violations, assume Day 1 of the 60-day grace period is the day immediately following the final day of actual, productive work.

Acrewing Unlawful Presence After a Rejected Application

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If an initial H-4 change-of-status application filed within the 60-day grace period is rejected for a form error and the refiled application is received after the grace period ends, may the applicant remain in the US while it is pending?

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This is a high-risk situation. Because the properly filed application was received after the 60-day grace period expired, the applicant has fallen out of status. Even if USCIS accepts the late filing, unlawful presence accrues starting on day 61 unless USCIS approves the case and backdates status. Do not wait past 180 days of unlawful presence; if not approved by then, departure from the US is necessary to avoid a multi-year entry ban.

Traveling on Advanced Parole (AP) vs. an H-1B Visa Stamp

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Is it safer for an H-1B holder with a pending I-485 and approved Advance Parole (AP) to take one continuous 55-day trip outside the US to care for a family member while working remotely, or break it up into two 20-day trips, given concerns about heightened scrutiny at the border?

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Taking two shorter trips is generally less risky. If you have a valid H-1B visa stamped in your passport, it is advised to re-enter using the H-1B visa rather than Advance Parole. If a CBP officer requests the AP document, present the H-1B and state that entry is being requested on H-1B status to avoid abandoning underlying non-immigrant status.

Rajiv's Comments in NewsBytes - US pauses perm at Microsoft, Adobe amid green card fraud

Published by NewsBytes  - 16, October 2026
https://www.newsbytesapp.com/news/world/us-pauses-perm-at-microsoft-adobe-amid-green-card-fraud/tldr 

Quotes and Excerpts from Rajiv in the article:

Immigration experts suggest checking out alternatives like the EB-1 category or family sponsorships.

Demonstrating H-1B Wage Levels for Remote Work and Relocations

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If an H-1B holder whose petition was approved under the previous lottery system moves to a higher-wage area where their current salary only meets Level 1 requirements, can they maintain their status without increasing their pay?

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This is strongly discouraged. Regardless of how the original lottery was conducted, an H-1B worker's salary must meet or exceed the prevailing wage for their actual work location. Reclassifying a role from Level 2 to Level 1 simply to match a higher prevailing wage in a new location is heavily scrutinized by USCIS and difficult to justify.