07 May 2018

Two of my H1B petitions were selected in this year’s lottery. They were filed by two unrelated companies for different projects. Can both cases continue to be processed? Do I need to withdraw one?

Answer Generally speaking, there is no need to withdraw either petition. As long as they were filed by two truly unrelated (as defined by the USCIS) companies, both cases may continue to be processed. If both are approved, you then typically would need to select which...

07 May 2018

My I-485 application (filed based on my approved I-140) is pending. Can I work a second job (part time) using my EAD? Will it be a problem that I have two different W-2s?

Answer An I-485 EAD provides nearly unrestricted work authorization. So, yes, a person may have multiple employers. It is important to remember, however, that one's green card job offer normally should be retained at all times so that one remains eligible for the I-485 approval. (07.May.2018)In...

30 Apr 2018

I am working in an H1B position and have Canadian PR. Can I live in Canada and commute to the U.S. each morning to work in my H1B job?

Answer Yes, it is possible to live in Canada and commute to the U.S. to work in H1B status. However, you should consult directly with an immigration attorney about your specific situation before making any change. (30.Apr.2018)In frequent sessions of our Chat, Sheela Murthy and other...

30 Apr 2018

My current H1B I-94 is still valid, but my H1B amendment is pending. If I travel overseas for a couple of weeks, am I allowed to return while the H1B amendment is still pending?

Answer There is a USCIS memo that says that you should be able to travel while an amendment is pending if you have a valid H1B visa in your passport and the receipt notice for the amendment. However, in the current environment at CBP it is...

23 Apr 2018

My EB2 I-140 is approved. Now, I am being moved to work at a different physical location, but will be in the same position, performing the same duties. Do I need a new I-140 and/or a new PERM?

Answer Unless the PERM application was filed for multiple work locations, a change in work location may require a new labor certification and I-140. (23.Apr.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For...