What kind of problems can employment-based nonimmigrants (H-1, L-1, E-1, E-2, E-3, TN) face during reentry?
I think this question is most relevant for H-1 holders, but other employment-based nonimmigrants may also note the general principles here.
What happens if an employer makes an error in the wage level on an approved H-1B petition and needs to withdraw it?
If an employer withdraws an H-1B petition filed as a Change of Status (COS), any cap-gap protection for STEM OPT ends on October 1st. To avoid an immediate loss of legal status, an employee can request that the employer delay withdrawal slightly and process at least one paycheck after October 1st. This officially admits the employee into H-1B status, providing a 60-day grace period to find a new employer rather than falling out of status immediately.
Should I switch to a PhD program to use day-one CPT for employment, or rely on H-1B/L-1 processes?
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.
Published by: The Economic Times - May, 08, 2026
https://economictimes.indiatimes.com/nri/migrate/us-visa-paying-extra-has-become-the-only-way-forward-for-many-h-1b-f-1-opt-l-1-applicants/articleshow/130950024.cms
Quotes and Excerpts from Rajiv in the article:
Published by: The Times of India - September 30, 2025
Quotes and Excerpts from Rajiv in the article:
FAQs: New 5% remittance tax bill for non-US citizens: Will it pass and are non-citizens eligible for tax credit?|| Will admitting to an unsuccessful job search affect my B-2 visa extension approval?
My H-1B to B2 status change (I-539) was approved, and the I-94 expiry date on my B2 approval notice is 21 April 2025.
Now, if I apply for a B2 extension or F-1 change of status, then can I stay in the USA after 21-Apr-2025 while my decision is pending?
Yes, you can generally stay in the US while your B-2 extension or F-1 change of status application is pending, provided you file it before your current status expires. This applies to most applications filed while still in status (e.g., H-1, B-1, B-2, L-1, E-1, E-2). If your I-94 expires on April 21st and you apply for a B-2 extension or F-1 change of status before that date, you can stay in the US while your application is pending because you filed it timely.
I hold an H1B Visa, and it is time for an extension. At the same time, I applied for my I-485 a few years ago, and I recently renewed my EAD, which is valid for 5 years. My priority date is June 2013. At this time, I am a bit confused about whether to move on to EAD or if I should continue to extend my H1B. If, for any reason, my H1B extension goes wrong, will I still be able to use my EAD? Thank you always for your support.
You should maintain your H-1B while your I-485 (AOS) is pending. If something goes wrong with your I-485, you could end up without legal status or work authorization, creating complications. Keeping your H-1B (or L-1) active provides a backup. While your spouse can use an EAD, losing their status is less risky than the primary applicant losing theirs.
FAQs:
1. Can I volunteer with a Non-Profit while on any temporary visa (for example, F-1 OPT)?
2. Options after layoff on approved EB-1 - Compelling circumstances EAD and GC EAD conversion
3. NIW I-485 rejected: Refiling options and priority date usage?
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mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney