Answer A case pending with BALCA may be used as a basis to apply for a one-year extension of H1B status, assuming the LC was filed at least 365 days prior. So, if the beneficiary left for a year and the BALCA case is still pending,...
Answer In order to get the full six-year clock reset, it is necessary to be out of the U.S. for a year at the time the H1B case is filed. Most things in immigration require one to qualify at the time of filing. So, the L-1...
Answer As a general rule, people who are subject to the 2-year HRR cannot change status from within the United States. But, they may be eligible to obtain certain visas from outside the U.S. to allow for a status change through consular processing. (11.Apr.2016)In frequent sessions...
Answer There is an automatic visa revalidation / contiguous territory rule that generally allows for such travel without getting a new visa. If status has been maintained and the person has a valid I-94, reentry is allowed following brief trips (30 days or less) to Canada/Mexico without...
Answer The I-485 could still be filed in this situation, once the date became current. But, it is not clear why the F-1 is needed. H-4 dependents can attend school. In most situations, the only reason for a dependent child to move from H-4 to F-1...
Answer H-4 status and H-4 EADs are generally granted for the same duration of the principal worker's H1B status. (11.Apr.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 Generally speaking, it is still possible to move to a new H1B employer while an H1B amendment is pending. But, if the amendment with the current employer is needed to stay in status, and that case is denied, the USCIS may approve the new petition...
Answer It is impossible to predict the number of cases that will be filed for this year's cap. But, based on what we are seeing with our clients, the numbers may be somewhat higher than last year. (28.Mar.2016)In frequent sessions of our Chat, Sheela Murthy and...
Answer An employer has an obligation to complete form I-9 for all new hires to verify that the employee is authorized to work in the United States. The EAD would provide that documentation, but one would not have to provide the H-4 I-94. Of course, by...
Answer Yes, but if you travel with a change of status pending, the COS will be deemed abandoned and the case will be processed for consular processing. Therefore, in order to return in H1B status, one would typically need to apply for an H1B visa "stamp."...
