Answer The answer to this depends upon why the salary is below the LCA. This could be an issue in an H1B extension through the same employer, as it raises questions about whether the employer complied in the past (which reflects upon likelihood of future compliance)....
Answer There is no way to expedite the PERM process. The DOL has a very clear, absolute, no-expedite rule. You can look on the iCert page of the DOL WebSite to see the priority dates of the PERM cases under process. That information is typically pretty...
Answer Yes, a person with an H-4 EAD can start his/her own business. As for the H1B spouse, unauthorized work is still unauthorized work, with or without a paycheck. (30.Mar.2015)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the...
AnswerThe level of risk depends upon the particular H1B case. The safest option typically would be to wait with the existing employer until the change of employer petition is approved. However, if you would like to move to the new employer while the case is...
Answer An employer cannot impose a "penalty" against an employee who leaves the company before the end of the H1B term. Employers can, however, include a "liquidated damages" clause in an employment contract to recover certain expenses. The federal regulations explain that "The distinction between liquidated...
... my employer filed an H1B petition on my behalf, requesting a status change from F-1 to H1B. However, the USCIS issued a request for evidence (RFE) asking to show proof that I have been maintaining status by being gainfully employed while on OPT. I...
Answer Yes, it is possible for new or very small companies to file H1B petitions. We represent start-up companies regularly. What is needed is proof that there really is work for the sponsored H1B person to perform. (23.Mar.2015)In frequent sessions of our Chat, Sheela Murthy and...
Answer No, the priority date is not "locked in" and available for a subsequent case unless the I-140 is approved. The priority date is the date the PERM is filed, but if the PERM isn't approved, there is no way to retain that date later. (23.Mar.2015)In...
AnswerThis would be best to go over in a consultation. There are issues of intent at entry that would need to be cleared. There are also questions about the contents of the visa application if it was made just before this trip. It is important...
Answer USC siblings can file I-130 petitions in the family-based, 4th preference category. The I-485 cannot be filed concurrently with these cases, as the priority dates are backlogged for many years. The I-485 must wait until the particular case's priority date is current; for FB4, that...
