Answer Normally, applying for a visa foil (or "stamp") at a different consulate than the one listed on the I-129 is not much of an issue. It may result in a small delay, but such delays typically are resolved in under 2 weeks. (15.Nov.2023)Sheela Murthy and...
Answer In most situations, once a person has been granted H1B status, that individual is considered to have been "counted against" the H1B cap. This typically means that an H1B may be filed for the person without having to go through the lottery again. (15.Nov.2023)Sheela Murthy...
Answer No, for an EB1(c) petition filed using premium processing, the USCIS has 45 calendar days to take action on one's case. When the RFE was issued, an action was taken. When you responded to the RFE, the clock was restarted, and the USCIS now has...
Answer No, ordinarily, there is no required period an H1B worker must wait before moving to a new employer. (08.Nov.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here. Copyright © 2023,...
Answer The H1B prevailing wage requirements generally do not go into effect until the H1B petition is approved. So, this typically would not create any issues. (08.Nov.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click...
Answer No, you can use premium processing to get the result of the I-140 petition relatively quickly. If it is approved, you just will not be able to use it for purposes of applying a form I-485 adjustment of status application (or an immigrant vias application...
Answer Generally, no, the USCIS will not notify one's current employer that another employer has filed a change of employer petition. (02.Nov.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here. Copyright...
Answer In order to be eligible for a new 6-year period of H1B time, one would need to leave the U.S. for at least one year and then go through the lottery again. In your situation, it sounds like you could return without going through the...
Answer While a U.S. citizen may sponsor a foreign national spouse as an immediate relative, the same does not hold true for a green card holder sponsoring a spouse. In this situation, the petition would fall under the family-based, second preference “A” (FB2A) category. After the...
Answer Although the regulations regarding unauthorized employment are not entirely clear, it seems likely that, unless a foreign national has valid work authorization, performing work for a foreign entity while in H-4 status without a valid EEAD would still generally be viewed as unauthorized employment and...
