Answer Traveling to India does not impact the validity of the H1B registration. However, if the petition requests a change of status (as opposed to being filed for consular processing), you should be in the U.S. at the time of filing and remain in the U.S....
Answer No, an H1B registration is not the same thing as a nonimmigrant petition. Having a prior registration that was not selected does not require the employer to answer "YES" to the question about having previously filed a petition for the beneficiary. (30.Mar.2023)Sheela Murthy and other...
Answer No. Ordinarily, the earliest start date that can be requested for an H1B cap case is October 1st, which is the first day of the new fiscal year. (30.Mar.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...
Answer Generally speaking, as long as the previous I-140 is still valid, it can be used for purposes of extending H1B status beyond the six-year max, assuming the individual otherwise qualifies for this benefit. Once 180 days have passed following the approval of an I-140 petition,...
Answer If a former (or current) H1B employer fails to pay timely pay the wages owed, the H1B worker may file a complaint with the U.S. Department of Labor Wage and Hour Division. (23.Mar.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...
Answer Once the change of status is approved, assuming it has an immediate start date, the H-4 dependent typically would need to stop working until the EAD is issued. In practice, however, when an H-4 and H-4 EAD are filed together, it appears the USCIS normally...
Answer The regulation states that the 60-day grace period starts upon the "cessation of employment." So, in a case like this, it has been open to interpretation whether the grace period starts following the last day the person performs work, or if it starts following the...
Answer Typically, a change in status to H1B would have no impact on the validity of an H-4 visa "stamp." As long as the visa has not expired, it typically can be used to request readmission in H-4 status (assuming the principal H1B worker remains in...
Answer If a case is approved for consular processing, this means that the H1B was approved without an I-94 card. The beneficiary then normally would need to travel abroad and return with a valid H1B visa "stamp" in order to be admitted in H1B status. (16.Mar.2023)Sheela...
Answer Yes, in most situations, it is possible to be charged against a spouse's country of birth when applying for a green card. This is known as cross-chargeability. The fact that the marriage took place after the I-140 was filed typically would not impact a person's...
