Answer Unless the person has filed an I-485 adjustment of status application that has been pending for a minimum of 180 days, a new employer would typically need to file its own PERM and I-140 cases on behalf of the foreign national. The one advantage is...
Answer Yes, a PERM case can generally be filed in parallel with an H1B petition (or even before an H1B has been filed. (06.Feb.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details...
Answer We have received confirmation from the Department of State that the drop box program is still in place and being used in Chennai (and elsewhere). If the program is changed in the future there will likely be an announcement made on ustraveldocs.com. And, of course,...
Answer Your question appears to be in reference to one of several immigration-related bills that are pending. These are all merely proposed bills. There are thousands of bills proposed in Congress each year, and only a relatively small number are ever signed into law. If any...
Answer This is not affected by any of the executive orders. We have been seeing a higher rate of 221(g) refusals, however, even before these orders. Greater scrutiny is possible if the new administration chooses to do so. (30.Jan.2017)In frequent sessions of our Chat, Sheela Murthy...
Answer Based upon the most recent guidance, there appears to be no time limit to reclaim H1B time. So, this should be possible. (23.Jan.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details...
Answer It depends upon whether the H1B was filed through a cap-exempt employer. Just because a company is a nonprofit, does not automatically make it cap-exempt; rather, this only applies to universities and their nonprofit affiliates, as well as government and nonprofit research institutions. Assuming the...
... I understand that, if my H1B petition is accepted for processing and is not denied, revoked, or withdrawn, it will allow me to continue working on cap gap past the expiration of my OPT EAD. If my wife does not file her application for...
Answer Generally speaking, a person with an H-4 EAD may apply for unemployment benefits, assuming s/he otherwise qualifies. (09.Jan.2017)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...
Answer In general, a visa "stamp" is only required for purposes of reentering the U.S. after foreign travel. Otherwise, one can change status within the U.S. One's dependent typically should be able to receive an H-4 "stamp" in this scenario. (09.Jan.2017)In frequent sessions of our Chat,...
