H Visa

Maintaining Status with an Approved I-140 after a Layoff

Question details

What are the options to maintain status after a job loss when an individual is on their first H-1B but has an approved PERM and I-140 from a future employer?

Video URL
FAQ Transcript

 Once an I-140 is approved and held for 180 days, the priority date is locked, and the applicant can extend an H-1B infinitely with any employer. To bridge a gap between roles, filing for a B-1 visa with an explicit intent of job hunting is a suggested strategy, rather than switching to an F-1 unless it represents a logical career progression.

Withdrawing a Pending B-2 when an H-1B is Approved

Question details

How should one handle withdrawing a pending B-2 visitor visa application once an employer successfully files an H-1B petition?

Video URL
FAQ Transcript

A standard practice is to include a notarized letter inside the new H-1B petition package. The letter should explicitly state that if the H-1B is approved with status, the pending B-2 should be withdrawn; otherwise, B-2 processing should continue. 

90-Day Rule for Changing Status from B-1/B-2 to H-4

Question details

Does the "90-day rule" allow me to change from B-1/B-2 to H-4 status inside the US?

Video URL
FAQ Transcript

No. The "90-day rule" is a misconception; USCIS always evaluates the intent behind your entry. Entering with the intention to change status can be viewed as misrepresentation. It is generally safer to process your visa stamp outside the US.

PhD, CPT, and H-1B/L-1 employment strategies

Question details

Should I switch to a PhD program to use day-one CPT for employment, or rely on H-1B/L-1 processes?

Video URL
FAQ Transcript

Due to immigration uncertainty, it is advisable to plan only one step ahead. If you pursue a PhD with CPT, select a flexible program where CPT is not rigidly bound to an immediate start. If your employment is with a multinational company, explore L-1 visa options, as they offer distinct benefits, including automatic work authorization for spouses.