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10 Mar 2017

My OPT expires in mid-May, and my employer is filing an H1B petition for me on April 3rd, requesting a start date of October 1st. …

… Because the USCIS has suspended premium processing, we may not know if my petition has been accepted until the USCIS issues a regular receipt notice or returns the petition. Will I have to stop working when my OPT expires if we do not get...

11:38 / FAQs / Student
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06 Mar 2017

Does an H1B petition by a new employer impact a pending PERM case filed by a different employer?

Answer In general, H1B petitions and PERM/I-140s are independent of one another. One filing would not typically impact the other one. (06.Mar.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...

07:50 / Employment Based / FAQs / For Individuals / Resident / Worker
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06 Mar 2017

Do I need to maintain H-4 status while my I-485 is pending?

Answer This is optional - many choose to maintain the underlying status as protection in the case of an I-485 denial. A denial of the I-485 after the nonimmigrant status is abandoned normally means that one must depart the United States. (06.Mar.2017)In frequent sessions of our...

07:46 / Employment Based / FAQs / For Individuals / Resident / Worker
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06 Mar 2017

I left the U.S. in June 2016 after completing my six years of H1B time. Can I now be sponsored for a new H1B in this year’s lottery?

Answer Once a person has used the full six-year period of H1B time, s/he generally would need to be outside the U.S. for at least one full year before a new cap-subject petition could be filed. The key here is that the individual must be eligible...

07:43 / FAQs / For Individuals / H1B / Worker
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06 Mar 2017

Does the H1B premium processing suspension affect H1B extensions and H1B transfer applications as well?

Answer Unfortunately, the premium processing suspension applies to ALL H1B petitions filed on or after April 3, 2017. (06.Mar.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 participation, click here.Access...

07:38 / FAQs / For Employers / For Individuals / Worker
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03 Mar 2017

I have been working on OPT and recently applied for a 24-month extension based on my STEM degree, which is now pending. …

... My first employment authorization document (EAD) has already expired. Yesterday, I received very sad news from home about my grandmother's passing, which requires that I urgently leave the U.S. to attend the funeral. Would I be able to come back after a short trip...

07:53 / FAQs / Student / Travel
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27 Feb 2017

How quickly do I have to send AC21 notification to the USCIS after I move to a new employer?

Answer Filing an AC21 notification is currently optional and has no particular time limit. It is generally advisable, however. (27.Feb.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 participation, click...

13:26 / Employment Based / FAQs / Resident
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27 Feb 2017

If the Trump Administration does away with H-4 EADs, what options do we have?

Answer As of the time of this writing, the Trump Administration has not taken any actions to modify or eliminate the H-4 EAD program. Further, even if the Administration decides to cancel the program, this would very likely require a formal rule-making process, which would take...

13:21 / Employment Based / FAQs / For Families / H1B / Nonimmigrant Family / Resident / Worker
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27 Feb 2017

We are filing an H1B extension for the same position at the same job location. Do we need to get a new LCA?

Answer An H1B requires a valid (unexpired) LCA in all cases. If the existing LCA is not expired, it could be re-used. But the H1B could only be approved for the duration of the LCA. (27.Feb.2017)In frequent sessions of our Chat, Sheela Murthy and other senior...

13:19 / FAQs / Worker
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27 Feb 2017

As a U.S. citizen, am I able to sponsor my mother-in-law for a green card?

Answer No, there is no family-based green card category for this relationship. (27.Feb.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 participation, click here.Access more FAQs here. Copyright © 2017, MURTHY...

13:15 / Citizen / Family Based / FAQs / Resident
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