Answer If a case is approved for consular processing, this means that the H1B was approved without an I-94 card. The beneficiary then normally would need to travel abroad and return with a valid H1B visa "stamp" in order to be admitted in H1B status. (16.Mar.2023)Sheela...
Answer An employer can file H1B registrations with or without an attorney. The registration process is fairly straightforward, so it is fairly common for employers to handle this part of the process on their own. And yes, an employer can use an attorney to file the...
Answer There is no set minimum number of employees a company must have in order to file an H1B registration or petition. (23.Feb.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs...
Answer Ordinarily, in filing an H1B change of employer petition, there is no requirement to provide the USCIS with a copy of the current employer's H1B approval notice. (23.Feb.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...
Answer If the sponsoring company is owned by someone related to the foreign national being sponsored, that definitely can lead to a denial in a PERM case. In order for the case to be approved in that situation, the employer must be able to demonstrate that...
Answer The USCIS has been known to occasionally approve an H1B for a longer duration than is legally allowed. As a general rule, one should not rely on a USCIS error, as the USCIS generally will not consider themselves bound by their own mistakes. Assuming you...
Answer No, it does not matter if the positions are in two different fields, provided the individual is qualified for both positions. (19.Jan.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs...
Answer Whether you are in breach of this non-compete agreement – and whether the agreement is even enforceable – would be based on state law, not U.S. immigration law. So, you may wish to speak with an employment attorney licensed in your state. Regardless, though, your...
Answer Yes, two employers can have PERM cases filed for the same person at the same time. The restriction is on the same employer filing two PERMs for the same person at the same time. (04.Jan.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the...
Answer The fact that a company is a start-up with only one employee would not prevent that company from filing and H1B registration. As with any company, the petitioner must have qualifying work available for the foreign national, and the position and beneficiary must meet the...
