Search Result for "H1B" — 983 articles

Multiple Reports Evidence the Benefits Immigrants Provide the U.S.

Despite overwhelming evidence that immigrants create jobs, increase wages, and pay billions in taxes annually, the fallacy that immigration has a detrimental effect on the U.S. economy has persisted for generations. As we head into the home stretch of this election season, the topic of immigration reform is poised to become fodder for heated debate [...]

If I move to a new H1B employer, do I have to also submit a new H-4 and/or EAD application for my spouse?

Attorney No, the H-4 EAD is not tied to the H1B spouse’s employer. As long as the principal spouse is still in valid H1B status, the H-4 and EAD generally remain valid through their respective expiration dates. (22.Aug.2016) In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the [...]

I received an RFE for my pending H1B cap case, asking for a client letter. But, I recently moved to a new client. Can I provide a letter from the new client?

Answer Unfortunately, in order to overcome RFEs asking for additional client documents in consulting H1B cases, it is necessary to have documentation related to the client listed in the initial filing. The USCIS must find that the case was proper when filed and continues to be valid. If a new client letter from a different [...]

If we appeal the denial of my H1B extension, can I stay in the U.S. after my I-94 expires, based on the pending appeal?

Answer If an H1B is denied, the challenge of the decision – usually a motion to reopen / reconsider – does not keep the foreign national legally in the U.S. The MTR or appeal only helps if it is granted and the case is approved. (15.Aug.2016) In frequent sessions of our Chat, Sheela Murthy and [...]

I am on H1B and filed for a transfer to a new employer. That case is still pending. My wife wants to file for a change to F-1. Can I apply to change to F-2 with her F-1 COS application?

Answer It is possible to file a COS to F-2 while an H1B COE is pending. But, if the pending H1B COE petition is serving as a ‘bridge’ for your status, then it typically would need to be approved before the F-2 COS application can be approved. (15.Aug.2016) In frequent sessions of our Chat, Sheela [...]

I have a valid H1B, but am in India and do not have a project in the U.S. I also have an H-4 visa stamp. Can I come to the U.S. on my H-4? What should I expect from the immigration officers at the POE?

Answer If the H-4 visa stamp is valid and unexpired, it could be used to reenter the U.S., as long as one is still married to the primary beneficiary in H1B status. The POE officers need proof of H-4 eligibility, such as a copy of the spouse’s H1B approval notice, marriage certificate, spouse’s pay slips, [...]

I finished my first year of OPT in April. Prior to the expiration of my OPT, my employer filed my H1B petition, for the October 1st start date, and I filed an OPT STEM extension application; both are pending. …

… The USCIS issued a request for evidence (RFE) on my STEM extension application, asking for a copy of a new I-20 based on a training plan that my employer and I have to submit to my DSO on form I-983. My employer does not think that they will be able to provide such a [...]

Motions to Reopen / Reconsider and Appeal

In some cases, it is possible to challenge a denial decision made by the U.S. Citizenship and Immigration Services (USCIS) on an application or petition for an immigration benefit. This challenge is made either through the filing of a motion to reopen or reconsider (motion, or MTR) with the USCIS, or an appeal to the [...]

I am in H1B status, but I just filed for a COS to H-4. Can I continue to work while the application is pending?

Answer The H1B generally stays valid through its expiration date or until the H-4 COS is approved, which ever comes first. Once the COS is approved, you must stop working until and unless you obtain an H-4 EAD. (08.Aug.2016) In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies [...]

My husband is working in H1B status, but his H1B visa ‘stamp’ was revoked due to a DUI. Can I still travel using my H-4 visa?

Answer The prudential revocations of visas due to a DUI only impact the visa “stamp,” not the person’s status. Further, this generally has no impact on the H-4 spouse’s visa. There is no need for the H1B worker to have a valid visa stamp in order for the H-4 spouse to travel. (08.Aug.2016) In frequent [...]

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