Answer Returning to a prior employer is allowed under the concept of the dormant petition. In this example, with only a month between the transition, it is likely safer than in other situations involving much longer timeframes. This is, of course, assuming that Employer A has...
Answer The answer to this question depends upon whether the second PERM is being filed by the same employer or a different employer. If it is a different employer, that is possible. Otherwise, the first PERM has to be withdrawn before filing again with the same...
Answer No, time spent in H-4 status, even with an EAD, is not counted against the H1B 6-year time limit. (16.Mar.2015)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,...
Answer Many PERM audits are simply random audits. This is done just to verify that employers are actually complying with the PERM recruitment requirements. Then, there are audits because the job requirements exceed the DOL norm for that category. There are other issues that can increase...
Answer It is permissible to continue to work in the H1B position until the change of status is approved (assuming the H1B status remains valid). The change of status within the U.S. could take around 3-4 months. If it is filed with a premium processed H1B...
Answer No, there are not provisions that allow employment based on a pending EAD receipt. It is necessary to obtain the EAD approval in order to have work authorization. There are some problems right now with EAD delays, so people should file 120 days in advance...
Answer A person in L-1 status is only authorized to work for the L-1 employer in the position listed in the petition. If there is an L-2 spouse with an EAD, the L-2 spouse could start his or her own business. But, even then, the L-1...
Answer Yes, multiple H1B filings for the same person can increase the chance of lottery selection. But, they need to be genuine jobs, filed through different employers. We have information about this - and the problem areas that cause both cases to be denied or revoked...
... before my next school year. Because I will not receive any wages, do I still need to obtain employment authorization? Answer Yes, you will need authorization from your DSO for curricular practical training (CPT) or from the USCIS for optional practical training (OPT). Even though your...
Answer A PERM labor certification expires after 6 months if the I-140 is not filed. It is possible to extend the H1B with employer B based upon a qualifying GC case with employer A. But, the GC case must be "alive." If the PERM is still...
