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08 Feb 2024

I am working in TN status and my employer said they are willing to file a PERM case for me. However, I was told this could create problems when renewing my TN later because of immigrant intent. Should I avoid moving forward with the green card case?

Answer A person being admitted to the United States in TN status must demonstrate nonimmigrant intent. However, even an approved I-140, by itself, is not sufficient reason to deny a person's TN application or extension request. (08.Feb.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies...

07:35 / Employment Based / FAQs / For Employers / For Individuals / Resident / Worker
06 Feb 2024

Busting Myths: I-140 Withdrawal & H1B Extensions

Myth: "If my employer withdraws my approved I-140, I can no longer apply for H1B extensions beyond 6 years."Truth: Partially correct, but only if it is withdrawn within 180 days of being approved. After that, an employer’s I-140 withdrawal generally doesn’t impact H1B extensions with...

07:43 / HQ
01 Feb 2024

Under the new H1B registration rules, is there still a restriction against two or more related companies filing registrations for me?

Answer The new H1B registration rule does not add any new restrictions on related entities filing registrations for the same individual, but there are still rules in place prohibiting the filing of multiple H1B petitions by related entities without a legitimate business need. (01.Feb.2024)Sheela Murthy and...

08:43 / FAQs / For Employers / For Individuals / H1B / Worker
01 Feb 2024

I was in H-4 status and was working based on an H-4 EAD. In October, my status changed to H1B, and I was working in that status until recently, when I was laid off. If I depart and return on H-4, can I work as a contractor based on my H-4 EAD?

Answer If you are able to return in valid H-4 status, and the H-4 EAD is still valid, it should be possible to resume working on that EAD. (01.Feb.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...

08:41 / FAQs / For Families / H-4 Dependents / Nonimmigrant Family / Worker
01 Feb 2024

Busting Myths: EAD and Status

Myth: "Once my EAD is approved based on my pending I485, it means I will get a green card."Truth: EAD is only an incidental benefit issued to green card applicants who apply for it so they can work while waiting for a decision on I-485....

07:04 / HQ