Answer Yes, it would be possible to file a change or extension of status to H-4 even if an H1B amendment is pending. (20.Jul.2015)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details...
Answer Once the H1B petition is denied during the cap-gap period, and there are no USCIS findings of fraud / misrepresentation or F-1 status violations, you have 10 days of employment authorization and 60 days of a grace period in valid F-1 status. You must complete...
Answer The amendment for location change is not needed if the relocation is within the same Metropolitan Statistical Area (MSA) covered by the LCA. The MSAs are often fairly large geographic areas, but it is necessary to check the new location. Similarly, if the location is...
Answer Potentially, it is possible to change back to H1B from H-4 after completing most of the six-year period. If the GC is far enough along to qualify the beneficiary to extend H1B status beyond 6 years, this change of status to H1B would be possible...
Answer A B-2 application is made by the individual seeking to visit the U.S. There may be an invitation from a person in the U.S. and there can also be an affidavit of support (I-134 form). The change to a new H1B employer should not impact...
Answer Yes, company B can file an H1B petition in this situation. However, whether or not any approval given through company B will have an I-94 at the bottom depends upon the outcome of A's case. This type of filing pattern is known as bridging -...
... However, USCIS has just denied my OPT application. It is still less than 60 days after the completion of my program of study. Assuming there is no basis for a motion to reopen and/or reconsider (MTR) the denial of my OPT, can I come...
Answer Yes, if one qualifies for the advanced-degree cap exemption, it does not matter where s/he is located when the case is filed. It also does not matter when the degree was earned, only that the degree requirements were completed before filing the petition. (06.Jul.2015)In frequent...
Answer Yes, a person who is visibly pregnant is allowed to enter the U.S. in H-4 status. This is not the same as a person on a tourist visa just trying to get U.S. citizenship and/or U.S. medical services for the baby. It is important to...
Answer A change of H1B jobs does not impact the spouse's H-4 status. The H-4 is spouse-specific, not specific to the H1B spouse's job. Your wife's H1B petition is entirely separate, although the change of status presumes that the H-4 status will stay in place until...
