18 Jun 2018

An RFE was issued on my H1B petition, and another was issued on my wife’s H-4 application. Can we send both responses together in the same USPS or FedEx envelope?

Answer In general, yes, both should be sent in the same envelope to ensure they reach the combined files. (18.Jun.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...

11 Jun 2018

My current I-94 is valid through 2020, but I have an H1B amendment pending because of a change of client. Can I travel out of country and return while the petition is still pending?

Answer There is older USCIS guidance that permits travel while an amendment is pending, as long as the H1B visa "stamp" and the original H1B approval are unexpired. In the current environment, however, it generally is safer to await the approval to avoid uncertainty at the...

07 May 2018

Two of my H1B petitions were selected in this year’s lottery. They were filed by two unrelated companies for different projects. Can both cases continue to be processed? Do I need to withdraw one?

Answer Generally speaking, there is no need to withdraw either petition. As long as they were filed by two truly unrelated (as defined by the USCIS) companies, both cases may continue to be processed. If both are approved, you then typically would need to select which...

07 May 2018

My I-485 application (filed based on my approved I-140) is pending. Can I work a second job (part time) using my EAD? Will it be a problem that I have two different W-2s?

Answer An I-485 EAD provides nearly unrestricted work authorization. So, yes, a person may have multiple employers. It is important to remember, however, that one's green card job offer normally should be retained at all times so that one remains eligible for the I-485 approval. (07.May.2018)In...