Search Result for "H1B" — 933 articles

I am working based on my H-4 EAD. Can my employer sponsor me for a green card, or do I need to first move to H1B?

Answer There is no requirement that a person in H-4 status move to H1B before being sponsored for a green card. In fact, it is possible for a person to work based on an H-4 EAD throughout the entire green card process, assuming the individual otherwise continues to qualify for H-4 status and the corresponding [...]

I recently transferred to a new H1B employer. My prior employer still owes me several weeks of wages. Would it create any immigration problems for me to receive paychecks from two different employers for a couple of months?

Answer If you have a valid H1B for both employers, a brief overlap in paystubs between the two employers should not create immigration problems in the future. (25.Apr.2016) 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 [...]

I have an approved I-140 and have been in H1B status for 9 years. I may need to move to H-4 status temporarily for personal reasons. Can I move back to H1B later based on the approved I-140?

Answer Assuming the I-140 is not withdrawn by the petitioning employer and remains valid, it should be possible to be sponsored for a change back to H1B status without being subject to the cap again. (25.Apr.2016) In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in [...]

Abandonment or Relinquishment of Green Card Status

For a variety of reasons, there are situations in which an individual who holds lawful permanent resident (LPR) status may wish to relinquish his/her green card. Personal circumstances change over time and new opportunities present themselves, making it necessary or desirable to relocate outside of the United States on a permanent or indefinite basis. This [...]

Premium Processing of H1B Cap Cases to Begin on May 12

The U.S. Citizenship and Immigration Services (USCIS) announced today that, on May 12, 2016, the agency will begin to adjudicate H1B cap cases filed requesting premium processing. This is consistent with the earlier statement by the USCIS, indicating that the 15-calendar-day processing period for these cap cases would begin by no later than May 16. [...]

I have completed 6 years in H1B status. My LC is being appealed with BALCA. If I go back to India for one year, and then wish to return in H1B status, do I have to go through the lottery again? If not, how much H1B time will I get?

Answer A case pending with BALCA may be used as a basis to apply for a one-year extension of H1B status, assuming the LC was filed at least 365 days prior. So, if the beneficiary left for a year and the BALCA case is still pending, she would be eligible for a one-year extension. But, [...]

I was in L1B status for three years and then left the U.S. Six months later, I was sponsored for an H1B position through the lottery, but I waited more than one year before entering in H1B status. Will the L-1 time count against my 6-year max of H1B time?

Answer In order to get the full six-year clock reset, it is necessary to be out of the U.S. for a year at the time the H1B case is filed. Most things in immigration require one to qualify at the time of filing. So, the L-1 time, typically, would still count against the 6-year max. [...]

NewsFlash! H1B Cap Lottery Completed for FY2017

Last night, the U.S. Citizenship and Immigration Services (USCIS) announced completion of the H1B cap lottery selection process. Receipt of more than 236,000 H1B petitions was reported, compared to fewer than 233,000 cap-subject petitions filed last year. The USCIS has not provided a breakdown of how many of these petitions were eligible for the advanced-degree [...]

Annual Reminders for Individuals – EAD and AP Dates

As explained in Annual Reminders for Individuals – Check I-94 Expiration Dates (06.Apr.2016), foreign nationals can avoid a number of serious immigration problems by being mindful of certain key dates related to their stay in the United States, such as the I-94 expiration date. Depending upon a person’s situation and status in the United States, [...]

H1B “Master’s Cap” Receipt Notices Being Issued

As of the time of this writing, the U.S. Citizenship and Immigration Services (USCIS) has not yet announced the completion of the H1B random lottery process for fiscal year 2017 (FY17). The Murthy Law Firm, however, has already started to receive electronic receipt notices for cap cases filed under the H1B advanced-degree exemption, often referred [...]

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