Answer Under the USCIS Matter of Simeio Solutions memorandum, the amendment should be filed before one starts work at a new location. So, if an amendment is filed after the move, this is a potential problem. (This is assuming that the new worksite is in a...
Answer Ordinarily, a person in H1B status is entitled to the same family leave benefits as any other employee. Approved maternity leave under the FMLA provisions may normally be unpaid without violating one's H1B status. (26.Sep.2016)In frequent sessions of our Chat, Sheela Murthy and other senior...
Answer That's an interesting question. H1B workers are not permitted to engage in "unauthorized employment." A one-time lottery win is unlikely to be considered employment. However, someone who gambles frequently enough to be deemed a professional gambler might be considered to be engaging in unauthorized employment....
In order to assist MurthyDotCom readers in their navigation of the complex immigration maze, this brief outline describes the main government entities involved in the immigration process of foreign nationals coming to the United States. The immigration process includes the granting of immigration benefits, as...
Answer If the STEM extension was filed after the expiration of the person's current OPT status, it will likely be denied, I'm afraid. (19.Sep.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details...
Answer This is a complex scenario. If one's H1B status has technically expired, that person would typically be in a "period of authorized stay" by virtue of the timely filed extension petition. In this type of situation, that individual cannot normally have another H1B approved with...
Answer An H-4 EAD application may be filed while the H1B and H-4 extensions are still pending. But, the H-4 EAD cannot be approved until the H-4 extension is approved. And, the H-4 extension generally will not be approved until the H1B extension is granted. (19.Sep.2016)In...
Answer If your H1B visa "stamp" has not expired, there is generally no need to get a new visa issued, based on having an amended petition. (29.Aug.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real...
Answer You can, but your EAD will likely only be granted to the current (un-extended) expiration date of the L-1. (29.Aug.2016)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,...
Earlier today, the U.S. Citizenship and Immigration Services (USCIS) released details of a proposed rule that "…would allow certain international entrepreneurs to be considered for parole (temporary permission to be in the United States) so that they may start or scale their businesses here in...
