Immigration Q&A Session with Samir (Immigration Lawyer)

Objective

Session Type: Immigration Q&A Livestream
Host: Samir, Immigration Lawyer, Silicon Valley
Platform: Weekly session (Wednesdays, 1 PM California/4 PM New York)

Introduction

• Samir is an immigration lawyer based in Silicon Valley.
• Recently stayed in upstate NY (comments on weather differences).
• Mentions the location of show "Severance" filming.

Immigration Updates

NTA Updates (Notice to Appear)

• Case successfully terminated for client who filed for H4 change of status while H1B was still valid.
• Judge focused more on the timing of H1B withdrawal than grace period.
• Suggested best practice: File change of status before H1B is withdrawn, not merely before grace period ends.
• Close communication with employer’s HR/counsel is important.

Visa Bond Requirement

• $15,000 bond proposal: Only applies to select African countries for now.
• No indication it applies to Indian nationals or most other countries.

Common Questions and Key Answers

Change of Status & Layoff Concerns

• Filing Change of Status: Do it before H1B withdrawal for best protection.
• Ask employer for advance warning / HR collaboration when layoffs are imminent.

Traveling/Domestic Travel

• Pending H4 (change from F1): Domestic travel should be okay if in authorized stay, but avoid travel with possible rerouting to other countries (e.g., Hawaii, Alaska).
• Green card holders: Always carry the physical green card as proof of status during travel.

OPT/STEM OPT/H1B

• Options after OPT ends if not selected for H1B:
  • File for STEM OPT extension if eligible.
  • Explore O-1 visa if applicable (extraordinary ability).
• Traveling while on OPT/STEM OPT:
  • No issue if you have proper documentation; being unpaid on OPT is allowed.
• Working as 1099 contractor on OPT: Allowed, but must report employment to school and follow tax rules.
  • Multiple contractors or projects: Must be reported.
  • For STEM OPT: More restrictions; generally not allowed.
• Reduction to part-time on STEM OPT: Could be problematic—consult your school or a lawyer.

H1B Specific

• Transferring employers: Must file H1B transfer (LCA and petition needed).
• Long stay out of US: Time spent abroad does not accrue toward H1B six-year limit.
• If you leave the country after job loss: Can use remaining H1B years when you return if within the six-year limit; no lottery needed.
• Change of status to B1/B2 as fallback: Provides limited authorized stay; not advised as a long-term solution.

F1 Visa & University Transfers

• Prior visa rejections: Should not directly affect CBP entry if you have valid visa & I-20, but bring documentation/explanations.
• Day 1 CPT after STEM OPT: Technically possible but increasingly scrutinized.
• Pending F1 to H4: Travel generally OK, but use caution.

EB1A/Green Card

• EB1A evaluations: Samir’s team offers free profile evaluations.
• I-140 porting: Porting priority date only matters if you're close to current in visa bulletin; otherwise, focus on eligibility and profile building.

Other Notable Points

• Medical leave while on H1B: 2–3 months abroad generally OK with documentation (valid visa, employer letter).
• B1/B2 visa applications: Apply from country of current residence/work to show strong ties.
• Visa renewals: F1 and others may now require interviews post-Dropbox end; prepare for new procedures.

Policy Environment

• Current climate: Enforcement is stricter (ICE presence, NTA issuance); best to file for next status before losing current status.
• NTA handling advice: Focus on having an application approved or in process before H1B withdrawal to help get NTA dismissed if issued.

Travel/Compliance Miscellany

• Automatic Visa Revalidation (AVR): Still allowed for up to 30 days’ trips to Mexico/Canada with expired US visa, if I-94 is valid.
• Remote work LCA compliance: LCA must accurately list employment location; if not, employer should amend LCA to reflect correct work site.
• Founders on OPT/STEM OPT: OPT allows for founding/running a company; STEM OPT stricter, someone else must supervise training.

Open Invitations

• EB1A cohort: Waitlist open for those preparing EB1A petitions.
• Consultation: Free for those with potentially strong O-1 or EB1A credentials.

General Advice

• Policy is changing rapidly: Always consult updated government, school, or legal sources before making decisions.
• Build your profile and stay ahead of deadlines/status changes.
• For immigration strategy (e.g., working abroad, switching statuses), consult an immigration attorney.

Closing

• Future sessions to cover more founder/immigration options.
• Links for programs/cohorts/coaching will be available in the session description.
• Regular Q&A sessions continue weekly.

Disclaimer: This summary provides general information and should not be used as a substitute for legal advice regarding individual circumstances.