Frequently Asked Questions - Change of status
- Change of Visa From H-1B to F-2
- Travel While Change of Status Request is Pending - H-1B Related
- The New Restriction on 12 Months of CPT OPT Combined – – Consequences of H-1B Denial on OPT
- Traveling Abroad While H-4 EAD is Pending
- Unlawful Presence for Minors
- H-1B Petition Revocation During Visa Process/Reaffirmation
- How Does One Change Status While Within The United States?
- Child Turning 21, Immigration Consequences for Pending Green Card Cases
- H-1B and Green Card Transfer From a Non-Profit Organization to For-Profit
- Change of Status to Student F-1 While Green Card is in Process
- Can I Get H-4 Visa Stamping While the H-1 to H-4 Change of Status is Still Pending?
- H-1B or Other Status Denied - What is my Status?
- When Does One Become H-1B Cap Exempt?
- What can be Done if an H-1B is Denied While in the USA?
- Changing Status from Tourist or Business Visa (B1 or B2) Within the United States
- Status and Unlawful Presence Questions in the Form DS-160
- H-1B Visa Denied and Petition Sent for Revocation
- H-1B Visa Stamping in Canada or Mexico; Importance of I-94
- Does H-4 Require a Prior USCIS Approval for Visa Stamping?
- New Regulations, Effect on Layoff after I-140 Approval
- Evidence or Documents Created After the Filing of a Petition
- 60 Days Grace Period for H-1B
- Applying For H-1B Visa When There Was A Status Violation
- H-1B 60 days grace period explained
- H-4 EAD Status When Moved to Different Employer
- Travel while H-4 EAD is pending
- If H-1 transfer is denied, can I rejoin my old employer?
- H-4 EAD changing back to H-1
- Gap in Status
- Travel while H-1 COS is pending
- The Proposed I-140 EAD Rule - FAQ's
- H-1B Laid Off Issues
- Maternity leave on H-1, FMLA and status
- How to Enter The USA to Start A Business And Then Continue
You must be married to the F-1 holder in order to be eligible for F-2 status. Fiances do not qualify for derivative status.
There are multiple issues involved in traveling.
First, if someone travels while a change of status request is pending, they will have to obtain a visa stamping or reapply for an H-1B for change of status to activate the H-1B on or after October 1.
Second, getting visa stamping is by itself a highly uncertain process that could take from days to months. The consulates reopen and dissect the entire H-1B case from the ground up and try to find any reason they can to deny the case.
1. The answer is No. There is no advantage in going through for-profit or non-profit that's just irrelevant.
1. Not until a notice of intent to revoke is sent.
2. This case is going back to USCIS.
1. You can get your visa stamped in any country which is called Third Country National (TCN) processing. It is a good idea to check with them beforehand. Sometimes if they have too much of a workload, especially in Mexico they might temporarily stop taking TCN's.
1. The employer can revoke, but, USCIS says, after 180 days they will not revoke the H-4 EAD.
2. You will not need to change the H-4 EAD upon moving to any number of companies, as long as you maintain your H-1 status.
According, to USCIS, when you are working under AC21 you are not out of status, you are in fact working according to the law and hence you should be able to join back. More...
Question 1: Redo the PERM or just the I-140. If redoing the PERM again then what's new in this regulation?
Answer: After 180 days, you can extend H-1 even if 140 is withdrawn.
Question 2: It seems that there is no easy provision for EAD/AP for approved 140 applicants. So is there any point in waiting for this rule or Should I consider Visa stamping is only option for traveling outside US? Please suggest as I waited for a year or long thought they are going to give AP.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
If you get laid off on H-1B there is no grace period. You get laid off today tomorrow you are out of status.
There are several issues that should be examined before you can make an informed decision.
1. B visa or ESTA does not allow you to “work:”