Answer If a request to change status has been timely filed, it is permissible to remain in the U.S. while the application is pending. Timely filed means filed while still holding a valid status - such as H1B. So, based on the information given, and assuming...
Answer An H1B worker can make a passive investment in any company. However, it must honestly be a passive investment, only. One cannot work at the company or run / manage the business. People often think they are not "working" because they hire someone else for...
Answer It is typically best to try to stay on H1B, but this is not a one-dimensional issue. There can be risks in applying for H1B visas, and situations where it is less risky to use the AP for travel because of visa concerns. (04.Jan.2016)In frequent...
Answer The complete pros and cons should be discussed in a consultation. But, other than the obvious priority date issues, we look at job stability - is one job far more stable than the other? Each spouse's GC case still acts as a backup for the...
This morning, a proposed rule was published in the Federal Register that would provide a number of immigration benefits, including grace periods for certain nonimmigrant workers, improved job flexibility, and greater clarity on a number of existing immigration rules. Some of these benefits include:Once an...
As previously reported, the U.S. Citizenship and Immigration Services (USCIS) issued a final guidance memorandum on July 21, 2015 that details the requirements for filing an amended H1B petition based on an H1B employee being moved to a different worksite location. This memo implements the decision...
Answer Even if the H1B extension was based upon the pending I-140, the denial does not disrupt the existing H1B status. This assumes there was no fraud finding against the individual in the denial. Of course, the concern with respect to the H1B is finding a...
Answer It is permissible to travel with an amendment pending. If there is a valid H1B visa 'stamp' and approved petition for reentry, this typically is sufficient. It may be best to have the amendment receipt notice, in case of any questions. If the amendment is...
Earlier today, both the U.S. House of Representatives and the U.S. Senate passed an omnibus spending bill that serves to prevent a government shutdown. President Obama has indicated that he will sign the bill into law once it reaches his desk. Included within the massive...
Congress is expected to vote on an omnibus bill by Friday that would fund the federal government through September 2016. Included in the 2,009-page bill is a provision that would add a fee of $4,000 per H1B petition and $4,500 per L-1 petition filed by companies...
