Answer Maybe. There are some technicalities in this situation since the second PERM was filed after expiration of the six years of H1B. So, there is language in a memo that goes against this request. But, the AC21 law is broader and many such requests have...
Answer As an F-2 dependent, your wife will need to be issued a separate I-20 in her own name. If you did not notify the school that you have a dependent, then you need to do it prior to filing so that they can issue an...
Answer It would not be necessary to have all the approval notices in the original or otherwise. It is best to have copies of all the approvals for the H1Bs that one has used. If there are other approvals from companies where the individual didn't work,...
Answer The GC is based on a future job offer. So, a company could start that process without filing an H1B for the potential employee. It is best to have the individual shift over to the new company at some point in the GC process; but,...
Answer That depends upon a few issues - most importantly, whether the companies are related or affiliated. If the companies are completely unconnected, then there is no prohibition. However, problems arise if the petitions are identical / very similar, as that makes it seem as if...
Answer No, there is not a 60-day posting requirement before hiring a foreign national. Depending upon the situation, there may not be any requirement to post anything. (03.Nov.2014)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in...
Answer In order to change nonimmigrant status in the U.S., you first need make sure that you comply with general change of status requirements as described in the USCIS's Information Sheet. In addition, in order to request a change from one SEVIS status to another, such...
Answer If the AR-11 was not submitted at the time of the move, just do it now. The AR-11 is submitted online on the USCIS WebSite. While it is supposed to be submitted within 10 days of the move, many people fail to do so. It...
Answer If the PERM was filed far enough in advance to meet the 365-day rule, there would be options. If there is a basis for challenging the I-140 rejection, an MTR or appeal will keep it "alive" and make H1B extensions possible (if the 365-day rule...
Answer Yes, the employer could file a PERM labor for someone on OPT. While F-1s are a nonimmigrant intent category, the PERM filing does not void the status. (27.Oct.2014)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law...
