FAQs Archives - Page 175 of 194 - Murthy Law Firm

19 Sep 2014

I have been attending school for 2 months in F-1 status. However, I would like to change my program of study and transfer to a different school. Can I transfer in the middle of the semester? If yes, are there any specific requirements I have to follow?

Answer Yes, you can transfer mid term, given that certain conditions are met. Students in F-1 status, who would like to transfer to another school mid-term, must continue attending classes until their SEVIS release date. You need to coordinate with your DSO so that you are...

09:58 / FAQs

15 Sep 2014

Can I have two jobs if I’m using an EAD based on a pending I-485? Would it help if both jobs are similar to the one on which the adjustment-of-status application is based?

Answer A person could have two jobs on the EAD without both of them being similar to the GC job. It is always necessary to have a proper job offer supporting the GC case - either the job in the GC or an AC21 qualified same...

14:08 / FAQs

15 Sep 2014

Is there any hope for people in the EB3 category, or are they doomed forever?

Answer It depends on your definition of "forever." But, absent a change in the law or the application of the law (e.g., not using a visa number for each family member), EB3 will not change in terms of the glacially slow movement. (15.Sep.2014)In frequent sessions of...

14:06 / FAQs

15 Sep 2014

Is there a possibility that the visa numbers for EB2 India would become unavailable in October, as well – similar to how they became unavailable in September?

Answer That is quite unlikely, as October is the start of a new fiscal year. While the visa numbers are supposed to be allocated over the course of the year, there is a new "supply" each fiscal year. In September, it is the very end of...

14:03 / FAQs

15 Sep 2014

I recently applied for adjustment of status and my H1B is going to expire at the end of this month. Do I need to apply for an extension of status?

Answer People often choose to stay in the U.S. based on the AOS only. People with properly filed AOS cases are in a period of authorized stay and are allowed to be in the U.S., unless the AOS is denied. While keeping the H1B is safer,...

14:03 / FAQs

12 Sep 2014

I am the F-2 spouse of a student in F-1 status. I understand that I am not eligible for employment authorization, but I would like to get involved in some business activity. …

... I have a bachelor’s degree in chemistry. Can I volunteer at the chemistry lab at the school where my husband is a student? Would that be considered unauthorized employment? Answer The law regarding what constitutes unauthorized employment is not very clear. Generally, if the position would...

21:29 / FAQs

08 Sep 2014

I transitioned to GC EAD this week from H1B. Do I need to get my I-94 renewed?

Answer If working on the EAD, rather than the H1B, the I-94 would not be extended. (08.Sep.2014)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...

16:22 / FAQs

08 Sep 2014

Is it ok to travel on an existing B-1visa when I have an approved H1B petition, but have not yet obtained an H1B stamp?

Answer The H1B approval for consular processing doesn't void the B-1 visa. So, the B-1 could be used for valid B-1 travel even after the H1B approval. However, in the event that the CBP officer knows about the H1B, s/he may have serious concerns about whether...

16:20 / FAQs

08 Sep 2014

Is the prevailing wage determination tied to the employer? Can Company C use the prevailing wage filed by Company A while filing for PERM?

AnswerThe new employer needs to get its own prevailing wage determination. While it should come out the same if the job is identical and it is in the same location (during the same timeframe), a new one is needed for the specific job. (08.Sep.2014)In frequent...

16:18 / FAQs

08 Sep 2014

I am now H1B + EAD (I-485 pending more than 7 months). If I change my employer, can I maintain H1B status with EAD? Do I need to file a new PERM case? I don’t want to apply for AC21 with EAD.

Answer It is possible to extend H1B status with a new employer and have the EAD. They are not mutually exclusive. AC21 doesn't mean using the EAD; a person could use AC21 for the green card, but work on H1B. The PERM refiling isn't needed if...

16:14 / FAQs

Murthy Law Firm

I have been attending school for 2 months in F-1 status. However, I would like to change my program of study and transfer to a different school. Can I transfer in the middle of the semester? If yes, are there any specific requirements I have to follow?

Can I have two jobs if I’m using an EAD based on a pending I-485? Would it help if both jobs are similar to the one on which the adjustment-of-status application is based?

Is there any hope for people in the EB3 category, or are they doomed forever?

Is there a possibility that the visa numbers for EB2 India would become unavailable in October, as well – similar to how they became unavailable in September?

I recently applied for adjustment of status and my H1B is going to expire at the end of this month. Do I need to apply for an extension of status?

I am the F-2 spouse of a student in F-1 status. I understand that I am not eligible for employment authorization, but I would like to get involved in some business activity. …

I transitioned to GC EAD this week from H1B. Do I need to get my I-94 renewed?

Is it ok to travel on an existing B-1visa when I have an approved H1B petition, but have not yet obtained an H1B stamp?

Is the prevailing wage determination tied to the employer? Can Company C use the prevailing wage filed by Company A while filing for PERM?

I am now H1B + EAD (I-485 pending more than 7 months). If I change my employer, can I maintain H1B status with EAD? Do I need to file a new PERM case? I don’t want to apply for AC21 with EAD.

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