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denial is normally permitted to continue working pursuant to a previously approved H1B petition, as long as it has not been revoked.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...
Answer In general, it is not advisable to attempt to pursue a change of H1B petition employers until the "cap" H1B approval has taken effect - normally, October 1st or the date of approval, whichever is later. Attempting to file another H1B before this occurs can...
Answer In general, yes. If the job contained in the original H1B petition is still available, one could continue to work in that position until the petition expires, unless the USCIS has specifically ordered one to depart the United States in the denial notice for the...
Answer In general, a petitioner may withdraw a request for "change of status" while replying to an RFE, and request approval only for consular notification (i.e., consular processing). (24.Jun.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law...
Answer Yes, expert opinions are still an important part of most RFE responses, and should definitely be considered when responding to a "specialty occupation" RFE. (24.Jun.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time....
Answer We oftentimes recommend to clients that they remain in H1B status, if possible, but this is not a requirement. The main benefit of maintaining H1B status is that it is a "backup" if the I-485 application is denied for some reason. Also, one may continue...
Answer Generally speaking, moving to a new H1B employer would not impact the dependent spouse's pending H-4/EAD extension applications. (24.Jun.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...
