Answer No. While there is a rule that allows certain categories of nonimmigrant workers to continue working for the same employer for up to 240 days based on a timely-filed petition to extend status, that rule does not apply to H-4/EAD extension applications. (05.Oct.2023)Sheela Murthy and...
Answer Based on FAQs issued by the USCIS earlier this year, it seems that yes, you generally would be allowed to resume working for this employer as soon as the amendment is filed. (05.Oct.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...
Answer There is no set dollar figure required to qualify for a stay in B-1 status. Rather, the applicant has the burden of evidencing that they can support themselves during their stay in the United States. Since a person in B-1 status typically cannot work, that...
Answer Based on past shutdowns, it seems very unlikely that the USCIS will extend grace periods based on a government shutdown. (28.Sep.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 here. Copyright...
Answer We will have to wait and see. Based on what we have seen from past lottery announcements we likely will know whether a third lottery is necessary before the end of November 2023. (28.Sep.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....
Answer No. Ordinarily an H-4 dependent may not start working based on a pending H1B petition requesting a change of status. (28.Sep.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 here. Copyright...
Answer No, applying for an LCA (or receiving the certified LCA back from the DOL) does not provide any direct immigration benefit. If there is a material change in the job, such as when an H1B worker is moving outside the area of intended employment, then...
Answer If you do not take care of your biometrics appointment, your case eventually will be denied. Fortunately, you may be able to reschedule. Call the USCIS Contact Center at 800-375-5283, be prepared to provide evidence of the emergency, and hopefully they will exercise discretion and...
Answer Once a person enters on an immigrant visa, the U.S. Customs and Border Protection (CBP) officer at the U.S. port of entry should have placed an I-551 stamp in the visa / passport, which serves as temporary evidence as status as a green card holder...
Answer Ordinarily, if an H1B worker is moving to a work location outside of the MSA or reasonable commuting distance of the location/s indicated in the previous petition and LCA, an H1B amendment is required. And, to file the H1B amendment, the employer must first obtain...
