Answer To file for one's I-485 with another employer, a new PERM and I-140 would normally be required. But the approved I-140 still provides some benefits.Generally speaking, once an I-140 has been approved, the priority date can be used for any other I-140 filed on behalf...
Answer In most circumstances, a denial of one H1B petition would not impact the H1B petition that has already been approved. (24.Jul.2019)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 One who receives an H1B denial is normally permitted to continue working pursuant to a previously approved H1B petition, as long as it has not been revoked. The only company that would normally be notified of a denial would be the employer that filed the...
Answer There is generally no requirement that an invitation letter be presented at all. However, they can be useful to evidence the purpose of one's proposed trip. If such a letter is submitted, a scanned copy is typically acceptable. (24.Jul.2019)In frequent sessions of our Chat, Sheela...
Answer An H1B employee MUST be paid pursuant to the terms of the approved H1B petition and LCA. Failure to provide the required salary is a violation of DOL regulations by the employer, and may mean that the H1B worker is "out of status." To discuss...
Answer The Fairness for High-Skilled Immigrants Act of 2019 (i.e., H.R.1044) is a bill that was passed by the U.S. House of Representatives, but it is not law. To become law, the U.S. Senate would need to pass the bill, and then it would need to...
Answer There is no legal prohibition on doing this. However, one in this situation would need to convince a consular officer (if one requires a B-2 visa "stamp") or a CBP officer at the airport (if one already has a B-2 visa) that the purpose in...
Answer One MUST be in the United States to file an I-485. If one is not, s/he must apply for a green card through consular processing with the U.S. Department of State at a U.S. consulate. The employer may need to file form I-824 to convert...
Answer In order to reenter in H-4 status, one generally would need a valid H-4 visa "stamp." It would not be necessary to wait for the approval of the H-4 extension. To apply for an H-4 visa stamp (or be admitted in H-4 status based on...
Answer In general, if the I-485 was filed before the child turned 21 years of age, and within one year of the priority date becoming current, the child would be protected by the Child Status Protection Act (CSPA). However, there are a number of additional factors...
