Answer If the H1B is the same position with the same employer as that described in the PERM, then the duties and requirements should remain consistent. However, if the H1B and PERM are for different positions (or with different employers) then the job duties do not...
Answer H-4 and H1B are two different visa statuses. One can only hold one status at a time. A person in H1B status may not work using an H-4 EAD and vice versa. (12.Dec.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide...
Answer One's H1B clock is "reset" only if one is outside the US for 365 days AND is the beneficiary of a cap-subject H1B petition (i.e. Filing through the H1B lottery, again.). A petition to recapture unused H1B time does not reset the clock. (05.Dec.2016)In frequent...
Answer Generally speaking, so long as the H1B petition is filed before the expiration of the OPT, the beneficiary would be covered by cap-gap. (05.Dec.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For...
Answer It appears that the grace period will apply after January 17th, regardless of when the H1B was approved. (05.Dec.2016)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...
Answer The new automatic EAD extension only applies in situations where no other approval is required. For H-4 and L-2 EADs, approval of the underlying status is required first, so the automatic extension is not available. (28.Nov.2016)In frequent sessions of our Chat, Sheela Murthy and other...
Answer Standard processing is currently very slow - 6 months or more. The case can be converted to premium processing at any time, however. (21.Nov.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For...
Answer One major benefit of the new rule is that the USCIS has clarified that there is no time limit for recapturing unused H1B time. It can be done at any time. (21.Nov.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance...
Answer In general, one in this situation should be able to transfer to a different employer, assuming the current I-94 has not expired. The receipt notice for the amendment should not be relevant in this situation. That being said, this is a complicated question; it typically...
Answer There is no requirement that one apply for a visa "stamp" at any time - it is purely a travel document. The fact that one waits an extended period to apply should normally be irrelevant. (14.Nov.2016)In frequent sessions of our Chat, Sheela Murthy and other...
