Sample Questions from Volume 2: 1500 Most
Frequently Asked US Visa Requirement Questions
QUESTION: If someone filed an H1B extension and
got denied later, can that person still use the remaining
portion of the 240 days?
ANSWER: The rule is 240 days or the time of
the decision. However, since 245 (k) allows up to 180 days (with
respect to effect on Green Card process) it may not be a
problem, though the safe rule is to depart upon denial and file
another new petition and wait abroad while it is being decided.
QUESTION: I have changed my status from H4
to H1 and working. I got another H4 approval from another
company where my wife wants to transfer her H1. What is my
status now? Am I on H1 or H4?
ANSWER: The general rule is that the latest
in time prevails. It is wise to contact the INS to withdraw the
new H4 if possible, though it may not solve the problem and it
may require travel outside the U.S. and applying for a new visa
in the home country and reentering on the H1B status.
QUESTION: Can the H1B job title be different
from that approved by LC for Permanent Residence? Will this
cause a problem for CP?
ANSWER: Usually not, since the 2 jobs are
generally considered different, though the consulates may ask
questions about it, so better be prepared to explain the
discrepancies.
