Answer No, you do not need the original I-140 approval notice for priority date retention. You can just reference the approved case receipt number information and include a copy of the approval, if available. (07.Dec.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....
Answer Yes, in general, an H1B visa foil (or "stamp") remains valid, through the expiration date listed on the document. There typically is no need to apply for a new visa based solely on a move to a new employer, even if the prior employer withdrew...
Answer This is not necessarily a cause for alarm. A fairly significant percentage of PERM cases are randomly selected for audit. So, the mere fact that the case was selected for audit does not automatically mean anything was done incorrectly, or that the case will be...
Answer To be admitted on a B-1/B-2 visa, a foreign national must overcome the presumption of immigrant intent. Needless to say, having an approved I-140 could be viewed as a sign that the individual desires to reside in the United States. However, this does not necessarily...
Answer Ordinarily, it is permissible to stay in the U.S. based upon a pending application to change to H-4 status, assuming the person was in valid status at the time of filing. There would typically be no requirement that the person remain enrolled in school while...
Answer If there has been a material change to the nature of the position, that typically would require filing a new labor certification and I-140 petition for that new position. Fortunately, however, if you have an approved I-140, you should be able to retain the priority...
Answer The processing time can vary, but assuming the priority date remains current, it typically takes about 6-to-8 months to get an appointment. (22.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...
Answer Generally speaking, as long as the B-1/B-2 visa remains valid, it may be used to request admission for any valid B-1 or B-2 purpose. This applies even if the reason for admission is unrelated to the reason the visa was initially requested. And, in general,...
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...
