FAQs Archives - Page 159 of 194 - Murthy Law Firm

29 May 2015

I was working on OPT when my employer filed an H1B petition for me. The petition is currently pending. I understand that when my EAD expires next week, I will continue to be in F-1 status with employment authorization based on the cap gap rule….

... Should I obtain a new I-20 for the cap-gap extension of my OPT authorization? If yes, what information do I need to provide to my DSO to issue this I-20? Answer Even though the cap-gap extension is automatic, it is advisable that you obtain a new...

13:37 / FAQs

18 May 2015

I am on L-1 and my wife has an L-2 EAD. I will be changing to H1B status on October 1st. When that happens, is there any way for my wife to continue working?

Answer Once you are no longer on L-1, your wife will not be able to stay on L-2 or use the corresponding EAD. She likely will have to change to H-4, unless she can change to her own independent status. Some H-4s will be able to...

14:58 / FAQs

18 May 2015

Can I apply for an H-4 EAD even if I may not actually get a job?

Answer Certainly. The EAD allows a person to work, but does not require them to do so. It would allow the individual to get a Social Security number, which s/he could use for financial matters. It would also allow one to work occasionally, if s/he felt...

14:57 / FAQs

18 May 2015

If I don’t have a birth certificate, can I instead use an affidavit for my green card case?

AnswerIf the birth was not registered, it is necessary to get a certificate of non-availability. Then, it is possible to use alternative documents to prove the information that would be in the birth certificate. This proof can include affidavits, as well as other life documents...

14:56 / FAQs

18 May 2015

I have been in H1B status for more than six years. Can I transfer to a new employer based on a revoked I -140?

Answer In order to be eligible for additional H1B time beyond the six years, the I-140 must stay in place (unrevoked). If the I-140 has been revoked, it may be possible to obtain an H1B approval for the amount of time remaining on the existing petition,...

14:54 / FAQs

15 May 2015

I have been working on OPT and my EAD expired last month. I timely filed a 17-month OPT STEM extension and the USCIS has just issued a request for evidence (RFE) on it. Meanwhile, my employer filed an H1B petition for me while I still had an unexpired EAD for the initial OPT period. …

... The H1B petition was approved with an I-94 for a start date of October 1st, which is still in the future. Based on the H1B filing, I obtained a new I-20 for cap-gap employment. If I withdraw my STEM extension instead of replying to...

14:28 / FAQs

11 May 2015

I have been promoted from a lead developer role to a managerial position. Does my employer have to file a new PERM and I-140?

Answer PERM labor certifications are job-specific. If the job has changed from the position described in the PERM in a material way, a new PERM is likely appropriate. The entire GC case is based upon that job offer / description. In order to move forward with...

17:06 / FAQs

11 May 2015

I am in the U.S. and am being sponsored for a green card by my U.S. citizen son. Does he have to be in the U.S. at the time of filing my I-485?

Answer No, the U.S. citizen petitioner does not have to be in the U.S. in order for the parent being sponsored to file an I-485. The child is just listed on the parent's I-485 as a matter of data / record keeping, but his whereabouts do...

17:05 / FAQs

11 May 2015

Is it possible to transfer an expired H1B from company A to company B while I am outside the U.S.?

AnswerH1Bs are not transferred from company to company. Thus, the expiration date is not important. If the person was counted against the cap and has not used all of the six years of H1B time, it is usually possible to file for H1B as cap...

17:04 / FAQs

11 May 2015

I am working in H1B status and I have an EAD based on a pending I-485 that I filed through my wife. Would I automatically switch to EAD if I leave my H1B position?

Answer If a person is working in H1B status and has a pending I-485, he will automatically fall into a period of authorized stay based on the pending I-485 if the H1B position ends. There is nothing that has to be done. The approved EAD would...

17:02 / FAQs

Murthy Law Firm

I was working on OPT when my employer filed an H1B petition for me. The petition is currently pending. I understand that when my EAD expires next week, I will continue to be in F-1 status with employment authorization based on the cap gap rule….

I am on L-1 and my wife has an L-2 EAD. I will be changing to H1B status on October 1st. When that happens, is there any way for my wife to continue working?

Can I apply for an H-4 EAD even if I may not actually get a job?

If I don’t have a birth certificate, can I instead use an affidavit for my green card case?

I have been in H1B status for more than six years. Can I transfer to a new employer based on a revoked I -140?

I have been working on OPT and my EAD expired last month. I timely filed a 17-month OPT STEM extension and the USCIS has just issued a request for evidence (RFE) on it. Meanwhile, my employer filed an H1B petition for me while I still had an unexpired EAD for the initial OPT period. …

I have been promoted from a lead developer role to a managerial position. Does my employer have to file a new PERM and I-140?

I am in the U.S. and am being sponsored for a green card by my U.S. citizen son. Does he have to be in the U.S. at the time of filing my I-485?

Is it possible to transfer an expired H1B from company A to company B while I am outside the U.S.?

I am working in H1B status and I have an EAD based on a pending I-485 that I filed through my wife. Would I automatically switch to EAD if I leave my H1B position?

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