Answer H1B workers are generally allowed to work for up to 240 days based upon a pending, timely filed H1B extension request. This timeframe is measured from the expiration of the approved H1B. The RFE does not change this rule. (28.Sep.2015)In frequent sessions of our Chat,...
Answer Yes, an H-4 dependent can stay in the U.S. while the H1B travels for routine personal or business travel. What is not allowed is what is referred to as "parking" dependent family members in the U.S. after the primary has left the country for good...
Answer When filing an I-485, it is important to be able to show that one has maintained status since last entering the U.S. People often include more of their immigration history than that, but the legal requirement is from the last entry. In employment-based I-485 cases,...
Answer The dependent spouse can remain in H-4 status as long as the primary applicant remains in H1B status. The filing of the I-485 doesn't change the H-1/H-4 status, unless the I-485 for the primary gets approved OR the primary starts working on the EAD. (21.Sep.2015)In...
Answer There is no grace period for H1B. You only remain in valid nonimmigrant status while you are working for your H1B employer. If your H1B for your new employer had been filed prior to the termination of your H1B employment then you could have remained...
Answer Yes, a company can start a GC for someone on F-1/OPT. This does not disrupt the F-1/OPT status. But, for people from India, it is normally going to be necessary to change into H1B or some other work authorized status at some point to bridge...
Answer The O-1 category requires demonstration of extraordinary ability. This is a high standard, and has to be proven by extensive documentation of the qualifications, etc. It is not enough to simply be very experienced or good at one's profession. There would have to be some...
Answer The GC case is company-specific and job-specific. So, if the case is only at the I-140 stage, the case will end when the job and/or job offer ends. The H1B can be extended via a new employer based upon the I-140 / no visa number...
... My H1B petition has just been approved with an I-94 for H1B status. I would like to travel back home for a short vacation in the last week of August and come back to continue working on OPT before my status changes to H1B...
Answer This potentially is a serious issue. H1B status is generally proven by proof of wage payments. If there is no work, there may be an employer "benching" violation. If there is work and the employer is not paying, there would be status and an employer...
