Answer There is no requirement that a person in H-4 status move to H1B before being sponsored for a green card. In fact, it is possible for a person to work based on an H-4 EAD throughout the entire green card process, assuming the individual otherwise...
Answer Although there is no specific minimum time period in the regulations that one must work for the sponsor after the green card is approved, a good rule of thumb is to work for the sponsor for at least 6 months after the GC is approved...
Answer If you have a valid H1B for both employers, a brief overlap in paystubs between the two employers should not create immigration problems in the future. (25.Apr.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in...
Answer Assuming the I-140 is not withdrawn by the petitioning employer and remains valid, it should be possible to be sponsored for a change back to H1B status without being subject to the cap again. (25.Apr.2016)In frequent sessions of our Chat, Sheela Murthy and other senior...
... I will be eligible to apply for the 24-month STEM OPT extension in a couple of months. Can I continue to work for my own business? My company is registered with E-Verify. Answer In its preamble to the May 10, 2016 STEM rule, USCIS indicated, "…...
Answer The NIW requires an intention to continue to work in the field of expertise. So, while there is no specific job offer requirement, the entire case is based upon one's qualifications and the benefit prospectively to the United States that is likely to come from...
Answer Sometimes, the connection is obvious, such as when an RFE is issued, and it is of the type that is issued only for cases that are close to current. But, if there is any uncertainty about this, it is possible just to call the USCIS...
Answer A case pending with BALCA may be used as a basis to apply for a one-year extension of H1B status, assuming the LC was filed at least 365 days prior. So, if the beneficiary left for a year and the BALCA case is still pending,...
Answer In order to get the full six-year clock reset, it is necessary to be out of the U.S. for a year at the time the H1B case is filed. Most things in immigration require one to qualify at the time of filing. So, the L-1...
Answer As a general rule, people who are subject to the 2-year HRR cannot change status from within the United States. But, they may be eligible to obtain certain visas from outside the U.S. to allow for a status change through consular processing. (11.Apr.2016)In frequent sessions...
