FAQs Archives - Page 166 of 227 - Murthy Law Firm

18 Jul 2016

Employer B filed an H1B change of employer petition. I am remaining with Employer A while that petition is pending. Would it create a problem if Employer A files an H1B extension for me while the COE case is pending?

Answer No, this would not impact either petition. H1B petitions are generally separate, independent petitions. Both petitions could be approved or not; but, typically, one case would have no impact on the other. (18.Jul.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide...

17:14 / FAQs / Worker

18 Jul 2016

I am here in F-1 status and my OPT expires in 1 week. My F-1 visa “stamp” expires in one month. Does this mean I have to leave the country on the day of expiry of my visa?

Answer The visa is a travel document, only. Status is determined (usually) by the I-94. For students, the I-94 says d/s (which stands for 'duration of status'). So, status is governed by the I-20. If the OPT is expiring and there is no eligibility for a...

11 Jul 2016

I have been working in F-1 status on OPT. I got married two weeks ago and my husband is in H1B status. His employer has sponsored him for a green card …

... and my husband is now ready to file his application for adjustment of status (I-485 form). If I file my I-485 as his derivative beneficiary, will it terminate my OPT authorization? Answer Generally, an F-1 student does not lose eligibility for F-1 benefits just because s/he...

18:44 / FAQs / Student

11 Jul 2016

Any guesstimate as to when the EB2 India cutoff date may move up to March 2009?

Answer It is nearly impossible to estimate cutoff date movement with any accuracy (other than the type of very short-term predictions provided by the Department of State). What we do know is that the cutoff dates will move forward in October, hopefully to some point around...

11:52 / Employment Based / FAQs / Resident

11 Jul 2016

I have two H1B petitions approved: one for a full-time position and one for part-time, concurrent employment. Should I include both petitioner and petition numbers in the DS-160?

Answer The visa can only be granted for one petition. But, the other petition is supposed to be noted on the visa; the consular officer must be made aware that there is a second petition. (11.Jul.2016)In frequent sessions of our Chat, Sheela Murthy and other senior...

11:49 / FAQs / Worker

11 Jul 2016

I have an H-4 EAD. Can I go to school full time and still retain the right to work?

Answer Yes. A person in H-4 can go to school (full time or part time) without impacting the EAD. The EAD provides work authorization, but it does not obligate the H-4 spouse to actually be working. And, it certainly does not impact the ability of an...

11:46 / Employment Based / FAQs / Resident / Student / Worker

11 Jul 2016

Is a person who has worked on H-4 EAD eligible to collect unemployment benefits? What if the former job was performed as a 1099 contractor?

Answer An H-4 spouse who has worked using a valid EAD may be eligible for unemployment benefits. But, it would be necessary to look at the unemployment requirements in your particular state. Note, however, that a contractor is self-employed, and therefore is generally not eligible to...

11:43 / Employment Based / FAQs / Resident / Worker

01 Jul 2016

I am currently enrolled in a program of study in F-1 status. Due to some family issues, I have to skip the next semester and leave the U.S. for about 6 months. What do I need to do to be able to come back?

Answer You should discuss your situation with your DSO and inform him/her about having to be outside of the U.S. for an extended period. Since you have to leave the U.S. for five months or more, you will need to come back to the U.S. with...

17:25 / FAQs / Student

27 Jun 2016

Is it possible to utilize the unused time on my H1B after 8 years? I left my H1B position in 2007 and now want to return without going through the lottery again.

Answer This is a very technical issue, with the USCIS interpretations evolving. The answer is: maybe. It generally can be attempted, with the likelihood of success depending upon a number of factors. (27.Jun.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance...

18:25 / FAQs / Worker

27 Jun 2016

I am on H1B and I plan to move to H-4 EAD. If I want to then go back to H1B in the future, would that be possible?

Answer Changing to H-4 EAD does not make a person subject to the H1B cap. Assuming the individual still has H1B time remaining (or is eligible to extend beyond the standard 6-year max, based on a pending LC or an approved I-140), it generally is possible...

18:18 / Employment Based / FAQs / Worker

Murthy Law Firm

Employer B filed an H1B change of employer petition. I am remaining with Employer A while that petition is pending. Would it create a problem if Employer A files an H1B extension for me while the COE case is pending?

I am here in F-1 status and my OPT expires in 1 week. My F-1 visa “stamp” expires in one month. Does this mean I have to leave the country on the day of expiry of my visa?

I have been working in F-1 status on OPT. I got married two weeks ago and my husband is in H1B status. His employer has sponsored him for a green card …

Any guesstimate as to when the EB2 India cutoff date may move up to March 2009?

I have two H1B petitions approved: one for a full-time position and one for part-time, concurrent employment. Should I include both petitioner and petition numbers in the DS-160?

I have an H-4 EAD. Can I go to school full time and still retain the right to work?

Is a person who has worked on H-4 EAD eligible to collect unemployment benefits? What if the former job was performed as a 1099 contractor?

I am currently enrolled in a program of study in F-1 status. Due to some family issues, I have to skip the next semester and leave the U.S. for about 6 months. What do I need to do to be able to come back?

Is it possible to utilize the unused time on my H1B after 8 years? I left my H1B position in 2007 and now want to return without going through the lottery again.

I am on H1B and I plan to move to H-4 EAD. If I want to then go back to H1B in the future, would that be possible?

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