FAQs Archives - Page 143 of 194 - Murthy Law Firm

05 Feb 2016

I recently graduated from my university, and have an application for optional practical training (OPT) currently pending. Due to a family emergency, I have to travel to my home country. Will my departure affect my OPT application process? What documents do I need to get back into the U.S.?

Answer You should be able to reenter the U.S. once the USCIS approves your application for OPT. Students and Exchange Visitors Program (SEVP) recommends that you make sure the USCIS has a valid U.S. address for you, to which it can send important correspondence regarding your...

08:49 / FAQs / Student

01 Feb 2016

If someone uses all 6 years of H1B time, would they be able to file for a new cap-exempt H1B after getting an I-140 approved?

Answer Yes! Once the I-140 is approved, if the PD is not current, the person would be eligible for the additional 3-year H1B extension, cap-exempt. There is no need to bank away part of the initial H1B time, etc, in this situation. This is different from...

01 Feb 2016

I am a GC holder and am planning a trip abroad. My passport will be expiring a few weeks after my expected return date. Is it mandatory that I have at least 6 months remaining on my passport in order to return to the U.S.?

Answer No, there is no such requirement for permanent residents. In fact, technically, GC holders aren't supposed to have to show a passport when returning to the United States. But, obviously, that is not a good idea ...

08:41 / FAQs / Resident / Travel

01 Feb 2016

I have an approved I-140 with my previous employer. Can I file an I-485 based on future employment letter?

Answer GCs are always for future employment. So, yes, if the PD is current, the I-485 could be filed based on a future employment letter. However, it is best to get some advice as to the likelihood of success in such cases - and the steps...

08:39 / Employment Based / FAQs / Resident

01 Feb 2016

After moving from H1B to H-4 status, how can I later return to H1B?

Answer In most situations, it is necessary for an employer to file an H1B petition. This filing would request a change of status from H-4 to H1B, and would be cap exempt (assuming the prior H1B was cap subject and that you still have H1B time...

08:38 / FAQs / Worker

01 Feb 2016

I have been working pursuant to the optional practical training (OPT) authorization, which will expire in June. My brother in India is getting married in late April, and I would like to travel home for about a week to attend his marriage ceremony. …

... My employer told me that they would file my H1B petition requesting a change of status to H1B and that I can continue working based on the cap-gap rule until the requested start date of October 1st. Will I be able to come back...

08:13 / FAQs / Student

25 Jan 2016

My H1B was picked in the lottery last year, but it is still pending. My employer says it is tied up because of a security clearance and, therefore, cannot be moved to premium. Is this common? Any options?

Answer This does not happen often, but it happens. The only thing that can force a decision is a lawsuit against the government (i.e. writ of mandamus). Other than that, you can try getting help through a congressman / senator, or through the CIS Ombudsman's office. (25.Jan.2016)In...

14:51 / FAQs / Worker

25 Jan 2016

Can a person with an EAD based on a pending I-485 work only part time?

Answer If a person is not the primary, it does not matter. If one is the primary beneficiary, s/he COULD work part time, but (assuming this is an employment-based case) the GC job offer must be for a full-time position. Therefore, it could be that the...

14:50 / Employment Based / FAQs / Resident / Worker

25 Jan 2016

I am in H-4 status and wish to go to India for a few months. A company is going to sponsor me for an H1B position for this year’s lottery. Do I need to come back to the U.S. before the H1B is filed?

Answer It is possible to file an H1B petition for a person who is abroad, but it would have to be filed for consular processing - meaning that changing to H1B status would require getting an H1B visa "stamp" at the consulate and entering in that...

14:48 / FAQs / Travel / Worker

25 Jan 2016

I moved to a new employer based on a pending I-485, but I never sent my AC21 notification to the USCIS. I just received an RFE asking for employment verification. Do I need to contact the old employer?

Answer If the RFE is the standard I-485 RFE, asking for an employment verification letter, the current, AC21-based employer can provide the letter. This assumes that the current employment meets the AC21 requirements. It does not matter that the work started without an AC21 filing. AC21...

14:46 / Employment Based / FAQs / Resident

Murthy Law Firm

I recently graduated from my university, and have an application for optional practical training (OPT) currently pending. Due to a family emergency, I have to travel to my home country. Will my departure affect my OPT application process? What documents do I need to get back into the U.S.?

If someone uses all 6 years of H1B time, would they be able to file for a new cap-exempt H1B after getting an I-140 approved?

I am a GC holder and am planning a trip abroad. My passport will be expiring a few weeks after my expected return date. Is it mandatory that I have at least 6 months remaining on my passport in order to return to the U.S.?

I have an approved I-140 with my previous employer. Can I file an I-485 based on future employment letter?

After moving from H1B to H-4 status, how can I later return to H1B?

I have been working pursuant to the optional practical training (OPT) authorization, which will expire in June. My brother in India is getting married in late April, and I would like to travel home for about a week to attend his marriage ceremony. …

My H1B was picked in the lottery last year, but it is still pending. My employer says it is tied up because of a security clearance and, therefore, cannot be moved to premium. Is this common? Any options?

Can a person with an EAD based on a pending I-485 work only part time?

I am in H-4 status and wish to go to India for a few months. A company is going to sponsor me for an H1B position for this year’s lottery. Do I need to come back to the U.S. before the H1B is filed?

I moved to a new employer based on a pending I-485, but I never sent my AC21 notification to the USCIS. I just received an RFE asking for employment verification. Do I need to contact the old employer?

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