... My employer will be filing an H1B petition for me for the start date of October 1st and my wife would like to file for H-4 based on that filing. Are we going to be able to maintain our statuses from the expiration of...
Answer The U.S. Department of Labor requires that the employer pay for the PERM labor certification and related expenses. So, the employer must be paid for this part of the case. The USCIS does not have the same view, so the expenses of the I-140 and...
Answer A promotion doesn't invalidate the PERM/I-140 automatically. But, the GC is based upon the job offer in the PERM. So, if there is a true change in the position that is not consistent with the PERM/I-140, this could pose a problem. The job offer must...
Answer The EAD is based on the pending I-485. It stays valid even if there is a job change using an H1B. What is important is to keep the entire GC case on solid footing. Normally, a job change indicates use of AC21 GC portability. We...
Answer First, it is important to understand whether the first case is for a cap-exempt employer; not all nonprofits are cap exempt. If the employer is not cap exempt (perhaps, that is why they are filing in April), there is no issue. If the employer IS...
Answer According to the general OPT rule, a student becomes eligible for a new 12-month OPT period based upon completion of a subsequent degree at a higher educational level. But, in some cases, such as yours, it is not entirely clear if the subsequent degree is...
Answer Generally, if a person previously held cap-subject H1B status, s/he would not be cap subject if filing for the remainder of the unused H1B time in the initial six-year period. The change of status to F-1 (or other nonimmigrant status, like H-4) does not make...
Answer A job title change alone would not require an H1B amendment, but a material change in the job duties DOES require an amendment. The LCA does not list duties, only location, title/classification, wage level and the like. The specific job duties are specified in the...
Answer Yes, it is almost always possible to add in all available time for which one is eligible when filing an H1B petition (up to the 3-year maximum). So, if a person is eligible for an extension of one year because of a PERM filing, the...
Answer If a person is maintaining H-1 status, while also having an I-485/EAD/AP, s/he CAN change jobs on H-1. It is just like any other H1B filing through a new employer. The GC case can continue in parallel if the new job qualifies under AC21 as...
