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,...
... 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...
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...
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...
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...
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...
... The petition was approved with the change of status from F-1 to H1B and USCIS issued the approval notice with an I-94 form for H1B status to start of October 1st. However, after the approval, I fell ill and stopped attending classes without informing...
Answer The EAD allows immediate, unrestricted employment authorization. But, if the question is asking about changing the job that is the basis for the green card case, that is AC21 portability - requiring a change to a job that is in the same/similar classification. AC21 portability...
Answer Yes, it is possible to have two full-time concurrent H1Bs, if a person can manage to hold down two full-time jobs. Naturally, each employer must file an H1B petition. (25.Aug.2014)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies...
Answer A person in H-4 status is NOT allowed to work. Without work authorization, one cannot open, run, or manage a company. One can passively invest money in any company or investment of his/her choice, but a non-work authorized person cannot run a company. (25.Aug.2014)In frequent...
