Answer The USCIS expects an employer to obtain a new LCA and amend the H1B petition anytime a consulting-type employee is relocated to a new project. (12.May.2014)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real...
Answer Travel with a COS pending abandons the request to change status. The H1B petition could still be approved, but only for consular processing. If the COS is approved before travel, a person could come back before October 1 and automatically change status on October 1....
Answer The EAD typically provides unrestricted employment authorization. So, a person with an EAD can work in any job or own any business. If one is the primary beneficiary of a GC case, s/he needs to continue to have a job offer (and, preferably, a job)...
Answer A person on H1B is only allowed to work for the H1B employer in the job set out in the H1B petition. It is possible to have more than one H1B at the same time (concurrently) in order to hold more than one job -...
... This year, because there were more petitions filed than H1B visas available, USCIS announced that some of the properly filed petitions would be returned if they are not picked in a lottery. Unfortunately, USCIS has not issued a receipt for my employer's petition and...
Answer A request to change from a cap-exempt to cap-subject H1B would be an extension of status, not a change of status. However, in order to make that transition, it is usually necessary for there to be a cap number available. (05.May.2014)In frequent sessions of our...
Answer A person has authorization to work for the new employer based upon the filing of the case when going from H1B status to a new H1B position. However, in order for the new employer to complete the I-9 form for employment verification, the receipt notice...
Answer The answer to this depends upon how the PERM was prepared. If the intent was to work in one specific location, and the PERM lists the place of work as that one location, then the case is limited to that location. Changes in work location...
Answer In order to utilize cross chargeability, the couple has to be processing together. It may still be possible - either by processing both cases through the consulate for an immigrant visa, OR by having the spouse come as an H-4 and doing adjustment-of-status cases. It...
... and intend to continue working for my current employer on OPT. Since it normally takes up to 90 days for USCIS to approve OPT and to issue an employment authorization document (EAD), but I will be finishing up working on CPT next month, can...
