Search Result for "H1B" — 663 articles

Teleconference: Optional Practical Training (OPR), Travel, and Transition to H1B

The third and final teleconference in our series designed for F-1 students, on May 12, 2015, addresses common issues and questions encountered by F-1 students at the end of their program of study. Students learn the requirements for OPT and receive helpful hints and advice on how to avoid certain problems with the OPT application and [...]

Teleconference: Employing F-1 Students – CPT/OPT & Transition to H1B

Our February 2015 teleconference in this series provides an overview of F-1 nonimmigrant status, common scenarios frequently encountered by companies employing F-1 students pursuant to Curricular Practical Training (CPT) and Optional Practical Training (OPT), as well as sponsoring F-1 students for H1B status. The teleconference explains the importance of becoming familiar with F-1 processes and [...]

I am currently on H-4, and have got an approved H1B issued without an I-94. What are my options if I don’t want to leave country for stamping?

Answer This depends on why there is no I-94. If an I-94 was requested, but not issued due to a finding of being out of status, then departure is needed (unless the finding is challenged successfully in a motion.) On the other hand, if no COS was requested, then it is possible for an employer [...]

I am working on H1B with current employer. Can I resign from current employer and go back to work for a company who filed my H1B petition in past? (This petition was approved and is still valid.)

Answer There is a legacy INS memo that says it is ok to return to the dormant petition (prior company) in situations such as this one. However, that is not always the safest/best practice, as it creates a rather confusing history, among other issues. It is something that is worth considering if other options aren’t [...]

I have a GC and am marrying someone in H1B status. If I sponsor him for a GC under the FB2A category, can he remain in the county in H1B status until his priority date becomes current?

Answer Yes, an FB2A case would have no impact on your spouse’s existing H1B status. There is no conflict between the H1B and the I-130 because ‘immigrant intent’ is not an issue for H1B workers. But, the H1B status cannot extended beyond the six-year limit based upon an I-130 case. (15.Dec.2014) In frequent sessions of [...]

If my H1B employer is in California, can my port of entry be in New York?

Answer Yes, but the connecting travel should be consistent with your stated purpose for coming to the U.S. If the purpose is to work in California, then there should be a connecting flight (or other travel plans) to get from NY to California. (15.Dec.2014) In frequent sessions of our Chat, Sheela Murthy and other senior [...]

I previously worked in H1B status for a full 6 years. Do I need to stay abroad for one FULL year (continuous days) or just a total of 365 days (not continuous) to be eligible to file a new H1B?

Answer The time abroad does not have to be continuous, as long as the trips to the U.S. meet the regulatory requirement of being “brief trips for business or pleasure.” The time in the U.S. doesn’t count toward the 365 days, but – if the requirements are met – it is just added on to [...]

I came here on H-4, and then got my F-1 COS approved; but, I never got the F-1 stamped. Will this cause a problem when I apply for H1B?

Answer There is no need to get an F-1 visa stamp if one is not traveling abroad. The USCIS does not care about whether the person has a visa stamp or not. The USCIS reviews whether or not the person is in a valid status in the U.S. Thus, this would not be a problem [...]

My H1B expires in June 2016. Is there any time restriction to initiate the GC process?

Answer There is not a specific restriction on initiating the GC process. However, it is always best to start far enough in advance to qualify for extensions of the H1B beyond the standard 6-year max. Thus, in order to safely meet the 365-day rule, in this example, the PERM would have to be filed no [...]

Time to Plan for the FY16 H1B Cap Season

On Wednesday, April 1, 2015, the U.S. Citizenship and Immigration Services (USCIS) will begin accepting H1B cap-subject case filings for fiscal year 2016 (FY16). April 1st may seem a long time from today, but employers and potential H1B workers would be wise to begin the process of preparing their petitions as early as possible. This [...]

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