Answer The general requirement is that a foreign national must be in valid status at the time an I-485 application is filed. If an H-4 dependent timely applies for an extension of status, once the I-94 expires, she remains in a period of authorized stay while...
Answer As a general rule, there is no direct, inherent risk in moving between multiple H1B employers. In fact, there have been numerous changes implemented to the H1B program over the years specifically to better ensure that H1B workers are able to change employers as needed....
Answer When filing an LCA for an H1B position, the wage level is determined based on the minimum requirements for the position. So, it typically is possible to file an H1B petition for an entry level position, even if the beneficiary has more education and/or experience...
Answer The H-4 EAD program only allows a qualifying H-4 spouse to apply for an EAD. Unfortunately, an H-4 dependent child is not eligible to apply for an H-4 EAD. (02.Nov.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...
Answer In order to be admitted in B-1/B-2 status, the burden is on the foreign national to demonstrate that she lacks immigrant intent for that particular trip. Given that you filed this petition for an immediate relative – and therefore, not subject to the numerical limitations...
Answer The 60-day grace period for an H1B worker normally begins following the last day of actual employment. While there are situations in which an H1B worker may be granted unpaid leave and still maintain in valid status, this generally is allowed only if it is...
Answer There are no special requirements for returning to an H1B position after an extended trip abroad. That being said, it may be a good idea to carry an updated letter from the employer verifying that the H1B position is still available. (26.Oct.2022)Sheela Murthy and other...
Answer Assuming the H-4 spouse qualifies, it normally is possible to file for an H-4 EAD extension (or initial H-4 EAD) while an H-4 extension is still pending. (26.Oct.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...
Answer There is no set amount of time one must wait to file an L1B petition after an L1A petition is denied. In fact, it is even possible to file another L1A petition immediately following an L1A denial. However, filing a second L1A petition generally would...
Answer The fact that the I-130 petition was filed for consular processing would not prevent the beneficiary from instead applying for adjustment of status. However, until the priority date is current, it generally is not possible to file an I-485 application. (19.Oct.2022)Sheela Murthy and other senior...
