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...
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...
... We have appealed that denial, and the appeal is still pending. In the meantime, can I reapply in this year's H1B lottery? Answer A pending appeal on an H1B case would not typically prevent a person from reapplying under the current year's H1B lottery. (26.Feb.2018)In frequent...
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...
Answer In general, yes, the H-4 EAD is unrestricted, meaning that it is not tied to a particular employer. It can be used for multiple employers, or even for self-employment. (12.Feb.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies...
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...
Answer One normally is not prevented from being sponsored for an H1B position simply because the grace period has ended. However, if the grace period has expired, the H1B normally will be approved only for consular notification (i.e. without an I-94 card). It therefore will require...
Answer One's "after-acquired" spouse typically would file the I-485 application together with the principal applicant, once the priority date becomes current. Normally, until then, no action is required. (12.Feb.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law...
Answer Either option would generally be acceptable, although filing together can prevent mistakes later on. It is easy to forget to extend the H-4. (05.Feb.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For...
Answer Not all nonprofit firms qualify as cap-exempt. In general, only certain nonprofit or governmental research organizations, or nonprofits affiliated with a college or university, qualify as cap-exempt. (29.Jan.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law...
