Answer Generally, a start-up may sponsor workers for green cards. But, like all other companies, an 'ability to pay' the foreign worker being sponsored likely will be required. Depending on the circumstances, this can be a bit more challenging to prove for a new company. (09.Jan.2017)In...
Answer The I-140 and H1B are completely separate. One's I-140 will remain valid in this situation, and can be used to obtain permanent residence when the priority date becomes current, assuming the job is still available. (09.Jan.2017)In frequent sessions of our Chat, Sheela Murthy and other...
Answer Generally speaking, a person may remain in L1B status for a maximum of 5 years. An approved I-140 cannot be used as a basis to extend L1B status beyond the 5-year max. Rather, to be eligible to return in L1B status, one typically would need...
Answer Generally, the PERM and I-140 are tied to a particular job. If that job is no longer available, then a new PERM and I-140 would usually be required. (19.Dec.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the...
Answer If the H1B is the same position with the same employer as that described in the PERM, then the duties and requirements should remain consistent. However, if the H1B and PERM are for different positions (or with different employers) then the job duties do not...
Answer H-4 and H1B are two different visa statuses. One can only hold one status at a time. A person in H1B status may not work using an H-4 EAD and vice versa. (12.Dec.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide...
Answer In general, a new I-485 is not required. What is needed is an "interfiling" request for the new I-140, in order to 'swap' it with the EB3 I-140. (05.Dec.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the...
Answer In general, a PERM and I-140 are tied to a particular employer / job. A new job normally requires a new PERM / I-140, unless the I-485 application has been pending for 180 days and "portability" is available. (28.Nov.2016)In frequent sessions of our Chat, Sheela...
Answer The new automatic EAD extension only applies in situations where no other approval is required. For H-4 and L-2 EADs, approval of the underlying status is required first, so the automatic extension is not available. (28.Nov.2016)In frequent sessions of our Chat, Sheela Murthy and other...
Answer Generally speaking, one is permitted to travel while the I-485 is pending, assuming that one has a valid advance parole document. One would need to return before the expiration of the AP. (14.Nov.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide...
