26 Mar 2018

I was given a 221(g) administrative processing notice when I applied for an H1B visa at the consulate. Can I be sponsored for an H1B transfer while the 221(g) case is still pending?

Answer Yes, one in this situation normally could have another employer file an H1B petition for consular processing. (26.Mar.2018)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...

26 Mar 2018

I have an EB3 approved I-140. I then moved to a different employer that filed a new PERM labor certification (LC) case for me. The LC is being audited. Is this common? Should I be concerned?

Answer Most audits are random. Assuming that the recruitment and filing was done properly, it likely can be cleared as soon as the response is processed. (26.Mar.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real...

26 Mar 2018

I’m on STEM OPT and would like to move to a new employer. This employer, however, is not willing to sign my I-983. Is there any possible alternative for this?

Answer A signed and completed I-983 is an absolute requirement for STEM employment. (26.Mar.2018)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 more FAQs here. Copyright © 2018,...

12 Mar 2018

Employer B filed an H1B change of employer petition for me. I am remaining with Employer A while that petition is pending. Would it create a problem if Employer A files an H1B extension for me while the COE case is pending?

Answer No, one generally can have multiple H1Bs filed on one's behalf without an issue. (12.Mar.2018)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 more FAQs here. Copyright...

12 Mar 2018

My green card is about to expire, and I am waiting to be scheduled for my U.S. citizenship oath. Do I need to renew my green card in order to be eligible to take the oath?

Answer The "green card" itself is only proof of one's status - its expiration does not affect one's status as a lawful permanent resident (LPR). Therefore, the expiration should not affect the citizenship application. (12.Mar.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys...

12 Mar 2018

My wife is a green card holder, but needs to travel to India for more than a year. She is applying for a reentry permit and is now waiting for her biometrics appointment. If she leaves before biometrics, what will happen to the reentry permit application?

Answer One's reentry permit is not withdrawn by travel. But, the application will be denied if the biometrics are not done as scheduled. (It generally is not a problem to reschedule them one time, though.) (12.Mar.2018)In frequent sessions of our Chat, Sheela Murthy and other senior...