H Visa

Transitioning from H-1B to B-2 and subsequently applying for F-1 status receives heightened scrutiny regarding non-immigrant intent. Applicants must provide strong, legitimate justification for returning to school to demonstrate that the change of status is not merely a strategy to prolong their stay in the U.S.

Transferring to a lower wage level or lower-wage geographic region shortly after approval can raise concerns of lottery manipulation. To safely execute an H-1B transfer shortly after activation, the petition should maintain the same wage level, an equal or higher salary, and be supported by a clear explanation for changing employers.

Yes. Department of Labor regulations strictly prohibit employers from involuntarily benching H-1B workers without pay. However, if an employee voluntarily requests unpaid leave for personal reasons (such as travel or vacation), the employer is legally permitted to accommodate the request without violating H-1B prevailing wage rules.

If a prior H-1B petition was approved for consular processing and was never activated (by entering the U.S. on that visa), USCIS may view the individual as still subject to the numerical cap/lottery. However, if a subsequent Change of Status petition was approved with a future start date, a new employer can attempt to file an H-1B transfer prior to that start date.

Under Department of Labor regulations for mobile or consultant roles, employers can designate their corporate headquarters as the primary place of employment on the Green Card application (PERM). Working remotely from different states or client locations does not negatively impact Green Card processing as long as the headquarters is designated appropriately as the primary work site.

A two-party approach requesting assistance from local Congressmen and Senators is recommended. If congressional inquiries fail, consulting a litigator to potentially threaten a lawsuit against the US Attorney's office can help compel USCIS to resolve the delay.