The U.S. Citizenship and Immigration Services (USCIS) has updated its policy manual so that a receipt for an application for naturalization (form N-400) now also will provide a 24-month extension of the applicant's "green card" (I-551). Prior to this change, if an N-400 applicant wished...
Answer The fact that a company is a start-up with only one employee would not prevent that company from filing and H1B registration. As with any company, the petitioner must have qualifying work available for the foreign national, and the position and beneficiary must meet the...
Answer Generally speaking, a person in H1B status is entitled to the same family leave benefits as any other employee. Approved maternity leave under the FMLA provisions normally may be unpaid without violating one’s H1B status. (29.Dec.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies...
Answer There is no official form or format used to withdraw a pending I-539 application. When we need to withdraw a pending I-539 for a client, we typically draft a short, simple letter that says we wish to withdraw the application. In the letter, we include...
Answer In order for your fiancée to qualify for a green card as your dependent, you would need to be legally married before your I-485 is approved. If you get married after your I-485 is approved, you likely will need to sponsor her under the family-based,...
Answer If one's spouse moves to a different H1B employer, this generally does not impact the H-4 status or existing EAD. Similarly, even if the employer withdraws the I-140, this does not have a direct impact on the existing H-4 EAD. However, depending on how much...
The U.S. Department of State (DOS) has released the January 2023 Visa Bulletin. With the exception of retrogression for China and India in the employment-based, first preference (EB1) category, there little-to-no movement in any of the employment-based categories. All cutoff dates listed refer to those...
Prior to there being a material change in an H1B employee's working conditions, the employer is ordinarily required to file an H1B amendment. It is not always clear whether a particular change is "material," but, in the context of a change in an H1B employee's...
Answer The earliest start date on a cap-subject H1B petition typically is October 1st of that year (which is the first day of the new fiscal year). To start earlier, it may be possible to work concurrently for the cap-exempt and cap-subject employers, but a petition...
Answer Once an employer-sponsored green card is issued, the expectation typically is that the beneficiary will work for the sponsoring employer in the position listed on the I-140. If the person works in that position, while also earning money through a second job, entrepreneurship, etc, this...
