Answer A letter from the previous employer is typically preferred. But, yes, if it is not possible to get such a letter, it may be possible to use coworker affidavits as evidence of past employment experience. (19.Jan.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies...
Answer Typically, it is not permissible to apply for an H-4 EAD while the applicant is outside the United States. (12.Jan.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 Unfortunately, this has become a common problem. When filing for an extension online, the biometrics notice generally is sent only electronically through the USCIS online portal; no physical notice is mailed to the applicant. If the applicant misses the appointment and is not able to...
Answer No, unfortunately, it normally is not possible to take a priority date from a family-based case and apply it to an employment-based case. (12.Jan.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access...
Answer To qualify for the master’s cap, one must have a master’s degree or higher from a qualifying U.S. university. This applies, even if you will not be using that degree to qualify for the H1B position. (04.Jan.2023)Sheela Murthy and other senior attorneys provide guidance that...
Answer Whether you are in breach of this non-compete agreement – and whether the agreement is even enforceable – would be based on state law, not U.S. immigration law. So, you may wish to speak with an employment attorney licensed in your state. Regardless, though, your...
Answer Yes, two employers can have PERM cases filed for the same person at the same time. The restriction is on the same employer filing two PERMs for the same person at the same time. (04.Jan.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the...
Answer The fact that a company is a start-up with only one employee would not prevent that company from filing and H1B registration. As with any company, the petitioner must have qualifying work available for the foreign national, and the position and beneficiary must meet the...
Answer Generally speaking, a person in H1B status is entitled to the same family leave benefits as any other employee. Approved maternity leave under the FMLA provisions normally may be unpaid without violating one’s H1B status. (29.Dec.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies...
Answer An approved I-539 is not necessary to apply for an H-4 visa "stamp." To get the new H-4 visa, one must provide proof of the marriage to the H1B principal spouse and evidence that the H1B spouse is maintaining valid status. (29.Dec.2022)Sheela Murthy and other...
