Answer An H1B extension denial normally would have no impact on an approved I-140. As for returning to the U.S., one typically could have another H1B petition filed on one's behalf for consular notification. Assuming it is approved, it should be possible to apply for an...
Answer Even if there is no change in the work location, an H1B amendment is required when there is a "material" change in job duties. A promotion where the job duties are nearly the same likely would not be considered material. However, this is very much...
Answer One in this situation should talk to a qualified attorney before taking any action. Normally, it is not possible to amend a cap H1B that has not yet gone into effect (i.e., the start date, which is typically October 1st, has not been reached and/or...
Answer In general, an LCA will be certified within 7-10 days, and occasionally more quickly than that. (31.Jul.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here.Access more...
Answer To file for one's I-485 with another employer, a new PERM and I-140 would normally be required. But the approved I-140 still provides some benefits.Generally speaking, once an I-140 has been approved, the priority date can be used for any other I-140 filed on behalf...
Answer In most circumstances, a denial of one H1B petition would not impact the H1B petition that has already been approved. (24.Jul.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat...
Answer One who receives an H1B denial is normally permitted to continue working pursuant to a previously approved H1B petition, as long as it has not been revoked. The only company that would normally be notified of a denial would be the employer that filed the...
Answer An H1B employee MUST be paid pursuant to the terms of the approved H1B petition and LCA. Failure to provide the required salary is a violation of DOL regulations by the employer, and may mean that the H1B worker is "out of status." To discuss...
Answer There is no legal prohibition on doing this. However, one in this situation would need to convince a consular officer (if one requires a B-2 visa "stamp") or a CBP officer at the airport (if one already has a B-2 visa) that the purpose in...
Answer In order to reenter in H-4 status, one generally would need a valid H-4 visa "stamp." It would not be necessary to wait for the approval of the H-4 extension. To apply for an H-4 visa stamp (or be admitted in H-4 status based on...
