... My employer is filing an H1B petition this week for the October 1st start date. If my STEM OPT application is denied while my H1B petition is still pending, how will this affect my ability to continue living and working in the U.S. until...
Answer There is a memorandum that specifically permits one to enter the United States by presenting a valid H1B visa "stamp" and the receipt notice for the H1B extension or amendment. Given the uncertainty in the current climate, however, this should probably not be relied upon...
Answer The H-4 EAD provides virtually unrestricted work authorization, so one can be a member of an LLC and work for that company. (27.Mar.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 If an H1B visa 'stamp' application is denied, one would ordinarily be able to continue using an existing H-4 visa stamp. However, consulates do occasionally cancel valid visas, even though they are not required to do so. (27.Mar.2017)In frequent sessions of our Chat, Sheela Murthy...
Answer Yes, the fact that a person is working based on an H-4 EAD generally would have no impact on a company's ability to file a PERM or I-140 on behalf of that individual. (20.Mar.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys...
Answer Yes, generally speaking, an H1B amendment may be filed while another amendment is still pending. This practice is already fairly common, but will inevitably become practically a necessity once the suspension of premium processing for H1B filings goes into effect on April 3, 2017. (20.Mar.2017)In...
Answer No, the USCIS will temporarily stop accepting any new premium processing requests for H1B petitions submitted on or after April 3, 2017. (13.Mar.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 No, the premium processing suspension applies only to H1B petitions filed on or after April 3, 2017. (13.Mar.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, H1B petitions and PERM/I-140s are independent of one another. One filing would not typically impact the other one. (06.Mar.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...
Answer This is optional - many choose to maintain the underlying status as protection in the case of an I-485 denial. A denial of the I-485 after the nonimmigrant status is abandoned normally means that one must depart the United States. (06.Mar.2017)In frequent sessions of our...
