Answer There is no grace period after an H1B extension denial if the I-94 of the previous H1B has expired. In that case, the individual typically begins to accrue unlawful presence from the date of the denial. Depending on the reason for the extension denial, it...
Answer If there is eligibility for a STEM extension for another 17 months, that would be a good option. Otherwise, it would be necessary to see what options might be available through one's spouse, if married, or it may be necessary to return to school. And,...
Answer A startup can file green card cases as soon as the company has sufficient income or, in some cases, investments, to establish its ability to pay the offered wage. It is about the company being in a position to offer the job. There is no...
Answer This is a good topic for a consultation with one of the Murthy attorneys. We discuss this with people all the time. It is a matter, primarily, of risks. There are some situations in which a person must keep the H1, if their family members...
Answer H-4s are NOT company-specific. H-4s are specific to the H-1 spouse / parent. Thus, if the H1B spouse / parent changes companies, it isn't always necessary to also file the H-4 extension of status. If the H-4 is not expiring any time soon, or if...
... I am planning to enroll in one or two such classes without a specific academic objective. These classes will simply help me to have a better knowledge in my area of employment. Answer Unfortunately, there is no clear policy guidance on whether an F-1 student who...
Attorney In order to file the I-485, there must be a valid job offer from the employer / sponsor. Thus, in order to file the I-485 based upon the former employer's PERM/I-140, the former employer must still be willing to offer the position, and the applicant...
Answer If the H1B is approved for October 1 with a change of status, then the status changes to H1B. Thus, a person in this situation is no longer an L2 and can't work on their EAD. If the change of status is not desired, there...
Answer Yes, if the I-140 has been approved, the priority date can be retained in a later-filed green card case. The employer's request to revoke does not change the ability to keep the priority date. It is only the government's decision to revoke an I-140 for...
Answer Generally, foreign nationals are legally present if there is a properly filed request to extend or change status. Properly and timely filed means that the case is filed while the person is in status. Filing after a person is out of status would not usually...
