Answer No, if one has been counted against the H1B cap, moving to a different field of work would not make the person cap-subject. As long as the six years of H1B time have not been fully utilized, the person typically still would remain cap exempt....
Answer Yes, assuming one otherwise qualifies for H-4 status, s/he ordinarily may apply for a change of status while an H1B amendment is still pending. (04.Dec.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time....
Answer In general, the 240-day limit only applies to extensions with the same employer, when 240 days has passed beyond the I-94 expiration date. For a change of employer, one generally could continue working while the petition remains pending. (04.Dec.2017)In frequent sessions of our Chat, Sheela...
The U.S. Department of Homeland Security (DHS) announced on November 20, 2017 that the temporary protected status (TPS) designation for certain nationals of Haiti will be terminated as of July 22, 2019. Under the Trump Administration, the DHS has announced the termination of TPS designations...
Answer Assuming the person otherwise qualifies for an H-4 EAD, one generally may file an EAD application while the I-539 is still pending. A copy of the I-539 receipt notice should be included with the EAD application. (27.Nov.2017)In frequent sessions of our Chat, Sheela Murthy and...
Answer No, there has not been any such increase. There is a bill proposed in Congress that would increase H1B minimum salaries. But, at this point, there is no reason to believe this bill will ever become law. There are many immigration bills proposed each year...
Answer For I-485 purposes, the birth certificate is the more important document. One should be able to file if the birthplace listed on the birth certificate is accurate. The passport should be corrected at some point, but it is of secondary importance. (27.Nov.2017)In frequent sessions of...
Answer One who has an approved H1B petition and received an H1B visa 'stamp' normally is considered to be "counted against the cap" and should be able to file with another employer at any time. There is no time limitation in this case. (27.Nov.2017)In frequent sessions...
Answer Normally, filing a family-based case would have no impact on a pending employment-based case. Both cases could continue, but each would have a separate priority date. (i.e. The priority date from an EB case cannot be used for an FB case, and vice versa.) (20.Nov.2017)In...
Answer In general, once a visa petition is used to obtain permanent residency (a "green card"), it cannot be reused. A brand new I-130 or I-140, with a new priority date, typically would have to be filed to reapply for the green card. (20.Nov.2017)In frequent sessions...
