Frequently asked questions about immigration:
Frequently asked questions:
Q:Can I work Part time on the H-1B visa
Yes. Part time work must be specified on the Labor Condition Application and the related Form I-129.
Yes. Concurrent work under the regulations is permissible as long as the Applicant obtains approval for each employer.
Q:I am in H-1B status. Can my spouse work under H-4 status?
No. An H-4 spouse is precluded from working. However, spouses of E-2 visa holders may apply for work authorization and there is no restriction as to where the E-2 spouse may work.
Q:Can I start my own business under a Businesses’ (B-1) Visa?
No. The business visit must benefit the Applicant in his home country and he must be paid from his home country. An Applicant is precluded from “working” for himself/herself or for a U.S. employer under the B-1 visa program. In additional, the following activities are NOT permitted under the B-1 Visa: study, employment, paid performances (or any professional performance before a paying audience), arrival as a crew-member on a ship or aircraft, work as foreign press, radio, film, journalists, and other information media, and permanent residence in the U.S.
It depends on the business. An investment of less than $100,000 for a computer consulting business will not likely merit favorable decision. However, an investment that may be less than $100,000 invested in a medical office may warrant favorable decision because it requires a higher cost to open than a consulting based business. This is called an inverse ratio.
Q:Can I continue to work during my pending E-2 Extension of status?
Regulations provide an automatic 240-day extension of employment authorization for an A-3, E-1, E-2, G-5, H-1A, H-2A, H-2B, H-3, I, J-1, L-1, and R Non-immigrant whose status has expired but who has timely filed an application for extension of his or her respective status. Timely filed means that the Applicant has been issued a Receipt Notice from USCIS with a file date earlier than the expiration of status date on the I-94. If the application for extension has not been adjudicated at the end of 240 days, specific authorization for continued employment must be requested from the INS on Form I-765. 8 CFR 274a.12(b)(15); 274a.12(b)(19).