Answer It typically is possible to request admission in H1B status, as long as one's passport, H1B petition, and visa are valid at the time of admission. With an Indian passport, the fact that it expires in 3 months will not prevent the U.S. Customs and...
Answer Foreign nationals in F status do not have a specific expiration date noted on their I-94s, as they are admitted for duration of status (D/S). These individuals maintain their nonimmigrant statuses as long as they comply with the terms and conditions of their respective classifications...
Answer Sure, assuming the degree is from an accredited, nonprofit U.S. college or university, the fact that it is an online university is irrelevant. You can check the accreditation status of a U.S. university through the U.S. Department of Education website. (04.Jan.2024)Sheela Murthy and other senior...
Answer In this situation, it may be possible for the education and experience to be used to qualify for an EB2 position. This, of course, assumes that the job being offered has EB2-level requirements. (04.Jan.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....
Answer No. From the H1B worker's perspective, there generally is no immigration harm in failing to join the new employer. Employer B has certain obligations (e.g., withdrawing the approved petition when the worker fails to join the company). But, regardless of whether Employer B takes care...
Answer If the latest approval notice is not presented, the CBP officer at the port of entry typically will not admit the dependent spouse beyond the expiration date listed on the visa (which generally is the expiration date from the original H1B approval notice). (28.Dec.2023)Sheela Murthy...
Answer An employer cannot impose a “penalty” against an H1B worker who leaves the company before the end of the H1B term. An employer, however, may be able to include a “liquidated damages” clause in an employment contract to recover certain expenses. The federal regulation explains,...
Answer If you filed the application to change status prior to the end of your grace period, this likely would have placed you in a period of authorized stay. Assuming you leave the U.S. while that application is still pending and return with a valid H1B...
Answer Unfortunately, if both your I-94 and EAD have expired, you are not allowed to work based on the pending extension. The 180-day extension only applies if the EAD extension is timely filed and the H-4 spouse's I-94 remains valid. (20.Dec.2023)Sheela Murthy and other senior attorneys...
Answer The fact that an H1B worker is moving to a different field really has no bearing. Assuming the individual meets the requirements for the position, and the other basic H1B requirements are met, there really is no need to worry about the fact that the...
