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27 Aug 2018

I am in H1B status with Company A. In order to join Company B, do I need to wait for the H1B change-of-employer receipt notice is issued? Or can I join based on the FedEx tracking confirmation notice that the USCIS received the petition?

Answer One can technically start work for the new employer on the day that USCIS physically receives the H1B change-of-employer petition. The receipt is not required. (A more conservative approach would be to wait for the receipt just to make sure the petition is not rejected...

13:15 / FAQs / For Individuals / Worker
20 Aug 2018

Can an F-1 student invest in a U.S. business?

Answer An individual in F-1 status without an EAD typically can only engage in passive investments in the U.S. If you are uncertain whether an investment would be treated as active vs. passive you should consult with an attorney. (20.Aug.2018)In frequent sessions of our Chat, Sheela...

15:05 / FAQs / For Individuals / Student
13 Aug 2018

I am in H1B status. I recently visited Canada via a land border. On my return, CBP did not stamp my passport with the admission date/port of entry. Is that a cause for concern?

Answer At land borders, it's fairly common for the passport to not be stamped. This typically would not be a cause for concern. (13.Aug.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details...

20:50 / FAQs / For Individuals / Travel / Worker
13 Aug 2018

My employer wants to sponsor me for EB3 and file my H1B petition before I file for my STEM OPT extension. Will this impact the OPT extension application?

Answer In general, these types of applications would not affect an OPT extension. (13.Aug.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here.Access more FAQs here. Copyright © 2018,...

20:01 / Employment Based / FAQs / For Employers / For Individuals / Resident / Student / Worker
13 Aug 2018

After my H1B cap case was filed, I traveled to India because of an emergency. After I returned, an RFE was issued, mentioning my travel dates and maintenance of F-1 status. Any suggestions on how to respond to USCIS on this RFE?

Answer Travel while a change of status request is pending normally results in automatic cancellation of the COS request. The H1B can still be approved for consular processing. This happens automatically, and there typically is no way to overcome this in an RFE response. (13.Aug.2018) In frequent...

19:45 / FAQs / For Individuals / Travel / Worker