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12 Mar 2018

Employer B filed an H1B change of employer petition for me. I am remaining with Employer A while that petition is pending. Would it create a problem if Employer A files an H1B extension for me while the COE case is pending?

Answer No, one generally can have multiple H1Bs filed on one's behalf without an issue. (12.Mar.2018)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 FAQs here. Copyright...

13:37 / FAQs / For Individuals / Worker
05 Mar 2018

I am about to max out of my 6 years of H1B time, so I am applying for a change to H-4. If, after I transfer to H-4 status, I get an approved I-140, can I use that to move back to H1B status?

Answer If you previously held H1B status and you have an I-140 approved, you generally can use this as a basis to return to H1B status. (i.e. The approved I-140 can be used to request H1B status beyond the standard 6-year max.) (05.Mar.2018)In frequent sessions of...

16:25 / Employment Based / FAQs / For Employers / For Families / For Individuals / Nonimmigrant Family / Resident / Worker
26 Feb 2018

I am in H1B status now, and will soon be flying to India to visit family. I need to go to the consulate for a new visa stamp. How does the new H1B memo impact stamping?

Answer Currently, the new memo only affects USCIS adjudications of H1B petitions. However, the consulates are always free to request additional documentation that they feel is necessary to verify that the H1B petition job is still valid. (26.Feb.2018)In frequent sessions of our Chat, Sheela Murthy and...

16:51 / FAQs / For Employers / For Individuals / Worker
26 Feb 2018

My H-4 extension is currently pending, and my spouse’s I-140 was just approved. Can I apply for an H-4 EAD now, or do I need to wait for the H-4 extension to be approved?

Answer An H-4 spouse typically can apply for the H-4 EAD at any time, based on the H1B holder's I-140 approval. If the H-4 extension is currently pending, you can provide evidence of the pending case and request that the USCIS approve the H-4 EAD based...

16:46 / Employment Based / FAQs / For Individuals / Resident / Worker
16 Feb 2018

Can I travel on F-1 during cap gap OPT?

Answer In order to travel in F-1 status during the cap-gap period, your H1B petition has to be approved before your departure. In addition, you should return before October 1st, when your H1B employment is scheduled to begin.If you leave the U.S. while your H1B petition...

16:34 / FAQs / Student / Travel / Worker
12 Feb 2018

I am applying for an H-4 extension of status and an H-4 EAD renewal, but my passport expires in five months. Can the USCIS approve the extension and EAD beyond the passport validity date?

Answer In general, yes. The shortened passport generally is an issue at the port of entry, where it will result in a short-duration I-94 (tied to the passport validity). But, the USCIS typically can grant an extension of status beyond the expiration date. The EAD expiration...

14:23 / Employment Based / FAQs / For Families / For Individuals / Resident / Worker