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28 Jan 2019

I am contemplating opening an LLC company. Can that company sponsor me for H1B classification if I own a substantial portion of the company? Can I apply for an H1B if I am self-employed?

Answer Although H1B classification generally is prohibited in self-employment situations, it nevertheless is possible to have an H1B filed through a company in which you have an ownership interest. However, that company must still be able to demonstrate control in an employer-employee relationship. Generally, that would...

11:08 / FAQs / For Individuals / Worker
14 Jan 2019

My EB3 I-140 is approved and my I-485 is pending. Is leisure travel / vacation outside the U.S. allowed using my advance parole (AP) document?

Answer Yes, generally there are no restrictions on traveling based on AP while one has a pending I-485. (14.Jan.2019)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...

12:31 / Employment Based / FAQs / For Individuals / Resident / Travel / Worker
14 Jan 2019

After my I-140 was approved, I got divorced. I have since remarried. Can I add my new wife to the I-140?

Answer There is no need to "add" one's wife to the I-140 in this situation. When the priority date is current, both spouses generally are eligible to file their I-485 applications, regardless of whether the current spouse is listed in the I-140. (14.Jan.2019)In frequent sessions of...

12:27 / Employment Based / FAQs / For Families / For Individuals / Immigrant Family / Resident / Worker
14 Jan 2019

I have an approved EB2 I-140 and my I-485 is pending. If I file an EB1 I-140, would that adversely impact my EB I-140 or pending I-485?

Answer In general, filing another I-140 would have no impact on an already approved petition. If the EB1 petition is approved, it could be "interfiled" into the pending I-485 and likely would reduce the waiting time for I-485 approval. (14.Jan.2019)In frequent sessions of our Chat, Sheela...

12:20 / Employment Based / FAQs / For Individuals / Resident