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20 Aug 2020

My H1B registration was selected in the first lottery, but my employer lost the project and did not file a petition for me. Now that the second lottery has taken place, if my employer has a project for me, can the H1B petition now be filed?

Answer Assuming that your registration's filing deadline has passed - and virtually all of the initial registrations had a filing deadline of June 30, 2020 - it generally would not be possible to file the case now. (20.Aug.2020)Sheela Murthy and other senior attorneys provide guidance that...

11:23 / FAQs / For Employers / For Individuals / Worker
20 Aug 2020

I saw that the September 2020 Visa Bulletin was just released, but there was almost no movement. Is there likely to be more movement next month?

Answer The new fiscal year starts on October 1, 2020, and with it, a new annual allotment of immigrant visas. Priority dates likely will advance in October, but we do not know yet how much movement there will be. (20.Aug.2020)Sheela Murthy and other senior attorneys provide...

11:20 / Employment Based / FAQs / For Employers / For Individuals / Resident / Visa Bulletin
20 Aug 2020

My I-140 is approved, but I just received a good job offer in India. I would like to work there for at least a few years. Can I do that without abandoning my I-140?

Answer Generally speaking, leaving the U.S. would have no impact on the validity of the I-140 approval. It typically is permissible to be outside the U.S., even for an extended period of time, and then apply for the green card later, when the priority date becomes...

11:17 / Employment Based / FAQs / For Employers / For Individuals / Resident / Worker
13 Aug 2020

My H1B extension was just denied, but I still have a few weeks left before I hit the 240-day mark from the date my I-94 expired. Can I stay in the U.S. based on this?

Answer The 240-day rule deals with employment authorization, and only applies so long as the H1B extension is still pending. It does not provide a grace period after the case has been denied. Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information...

09:39 / FAQs / For Individuals / Worker
13 Aug 2020

The PERM filed by my current employer was denied, and the appeal is now pending with BALCA. Can a different employer file another PERM case for me while the appeal is still pending?

Answer Yes, it normally is possible to have one employer file a PERM case for you, while another PERM is under appeal through a different employer. Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....

09:36 / Employment Based / FAQs / For Employers / For Individuals / Resident
13 Aug 2020

My H-4 change of status application is currently pending with the USCIS. Can I apply for an H-4 EAD now, or do I need to wait for the H-4 to be approved?

Answer Assuming you otherwise qualify for an H-4 EAD, it generally is possible to apply for the EAD while a change of status to H-4 is pending. Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click...

09:33 / FAQs / For Families / For Individuals / Worker