Answer Yes, multiple H1B filings are permitted. If both are approved, the employee generally is able to choose the employer for whom s/he prefers to work. (18.Dec.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real...
Answer Such a proposal has been introduced in Congress, and has been promoted by the Trump Administration. It does not appear to have much support at this time, and passage seems unlikely. (18.Dec.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance...
... After a very short interview, the consular officer denied my visa application based on a lack of ties with my home country of China. I have a valid B-1/B-2 visa stamp in my passport, which I received 2 years ago. Can I use that...
Answer In general, the recommendation by the interviewing officer must be "approved" by a supervisor to result in a final approval. (11.Dec.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat...
Answer An appeal or motion to reopen / reconsider typically can be filed within 33 days of an H1B denial being issued by the USCIS. However, this does NOT provide legal status. Unlawful presence will still be accruing, with the possible penalties, unless the appeal or...
Answer There is no way to tell. Unfortunately, the USCIS has been very stingy in allowing utilization of the DF chart, especially for employment-based cases. (11.Dec.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time....
Answer The job title is largely irrelevant - the important factors are the listed job duties and the "SOC" (standard occupational classification) code chosen for the LCA filing. These generally will govern the USCIS's adjudication. (11.Dec.2017)In frequent sessions of our Chat, Sheela Murthy and other senior...
Answer Unfortunately, the options here normally are limited. Because the I-94 is now expired, one generally would be out of status and begin to accrue unlawful presence from the date of the denial. In this situation, one typically would need to depart the U.S., obtain a...
Answer No, if one has been counted against the H1B cap, moving to a different field of work would not make the person cap-subject. As long as the six years of H1B time have not been fully utilized, the person typically still would remain cap exempt....
Answer Yes, assuming one otherwise qualifies for H-4 status, s/he ordinarily may apply for a change of status while an H1B amendment is still pending. (04.Dec.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time....
