09 Jul 2018

When an H1B change of employer to Company B is approved, is there a time limit to actually join Company B? Can one still continue with Company A?

Answer One generally can continue with Company A indefinitely, as long as Company A's H1B approval remains valid. Joining the new employer is never required. If one does not join Company B within 60 days, however, Company B is supposed to withdraw the H1B petition. (09.Jul.2018)In...

25 Jun 2018

I got my green card through my employer 9 months ago. I now have a lucrative job offer from another company. Will my GC be at risk if I move to a new employer now?

Answer A person who receives an employer-sponsored "green card" is generally advised to remain with the sponsoring employer for at least six months to avoid possible allegations of misrepresentation during the naturalization process. Generally, changing after this time period would be relatively safe. (25.Jun.2018)In frequent sessions...

25 Jun 2018

I applied for an H1B visa stamp in India, but the consulate sent it for administrative processing, which has been pending for about a month. Now I have a job offer from a different employer. Can I transfer my H1B to new company and go for stamping once the new petition gets approved?

Answer It normally would be possible to schedule a new interview based on the new approved H1B petition. One likely would be required to withdraw the pending visa application, however. (25.Jun.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies...

18 Jun 2018

In July, my priority date will be current. My wife is pregnant, so we do not want to do medicals for her right now. Is it ok for me to submit my medicals, but have my wife delay submitting her medicals?

Answer Normally, in this situation, one would simply submit the I-485 without the medical exam, or submit the medical exam with a doctor's notation that some of the vaccinations could not be performed because of the pregnancy. This can be updated at a later date. (18.Jun.2018)In...

18 Jun 2018

Last time I entered the U.S., my I-94 date was cut short because my passport was expiring in a few months. I have now renewed my passport, but my I-94 will be expiring soon. Is there a way to update my I-94 now based on my new passport?

Answer If an I-94 is truncated because of a passport expiration, one normally would need to either travel outside the U.S. and return, or file an application or petition for extension of status before the I-94 expires. (18.Jun.2018)In frequent sessions of our Chat, Sheela Murthy and...

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