... I have a pending H1B petition based on my IT degree for the start date of October 1st. If my petition is approved and my F-1 status changes to H1B on that date, can I still be attending school as I really want to...
Answer It is the I-485 that must be pending for at least 180 days in order to utilize the AC21 green card (GC) portability provisions. Otherwise, it would be necessary to start the GC case all over again, with only the priority date retention available from...
Answer It is potentially possible to get a second H1B approval without joining the first employer that filed under the cap. But, for various procedural reasons, we normally do not file these cases before October 1st. If there is need for a change in employer, it...
Answer The H1B requires a labor condition application (LCA). This is not the same as a PERM labor certification (LC). The PERM LC is required for the green card. The H1B LCA takes about seven business days for the U.S. Department of Labor (DOL) to process....
Answer Yes, the extensions often do contain the same I-94 number as the earlier approvals. As long as the start and end dates are correct, it is generally fine. (14.Jul.2014)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the...
Answer If you do not leave the U.S. before October 1st, your spouse will only be able to apply for the H-4 visa when your status changes from F-1 to H1B. If you decide to travel before October 1st, you will need an H1B visa to...
Answer Priority date retention happens at the I-140 stage. Requesting retention of a priority date does not void or otherwise invalidate the original I-140's PERM application. If company A chooses not to withdraw the I-140, it continues to remain valid for immigration purposes, even if that...
Answer The I-140 petition is specific to the job offer, as described on the underlying labor certification. The case, at this stage, is job specific and employer specific. In order to proceed with a green card case for a position as an engineer, it would be...
Answer If an individual has a master's degree from an accredited, not-for-profit U.S. university, that information is included with the H1B petition, and the case can be filed against the advanced-degree (or "master's") cap. However, it is important to verify that the master's degree is from...
Answer Your question, technically is not an immigration question. The USCIS only controls your ability to live and work in the U.S. If you are outside the U.S. then you do not fall under their authority. Your question is more of a tax and corporate policy...
