Answer If an approved I-140 is needed to extend one's H1B status, the I-140 and H1B petitions cannot be filed concurrently. Rather, one must qualify for the benefit requested at the time of filing. This means that the I-140 must be approved before the H1B petition,...
Answer Generally speaking, a person in H1B status should only work in a volunteer position if it is one that would ordinarily be filled by a volunteer. For instance, volunteering for a charity organization or to help at your child's school may be permissible. But, other...
Answer Yes, generally speaking, an H-4 EAD can be requested while an H1B amendment is in process. (07.Mar.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, click here.Access more...
Answer Unlike the H1B category, the L-1 category does not allow for extensions based upon a pending green card case. In these situations, it may be necessary to try to switch to a different status, such as H1B. (07.Mar.2016)In frequent sessions of our Chat, Sheela Murthy...
Answer If these are prizes with little or no cash value (e.g., trophies), that would be fine. If there are actual prizes of value, the answer may depend on the situation. Before entering in the competition, you should speak with an immigration attorney to discuss the...
The U.S. Department of Homeland Security (DHS) issued a proposed rule in December 2015, entitled Retention of EB1, EB2, and EB3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers. As indicated in our January 8, 2016 NewsBrief, I-140 EAD Proposal is Limited and Restrictive,...
The Murthy Law Firm is pleased to report that we resolved an incorrect fraud finding that had kept an H1B worker from returning to the United States for two years. The issue came to light when this individual went to Canada to renew his H1B...
Answer No, the original I-140 approval notice is not needed for PD retention. Just reference the approved case receipt number information and include a copy of the approval, if available. The USCIS has all the information on the old case - they are the ones who...
Answer The H-4 EAD allows unrestricted employment authorization. So, one may work in virtually any type of position, including self-employment (e.g., managing rental properties). As for earnings from stock, if this were passive income (like dividends, capital gains, etc) from routine stock market investments, an EAD...
Answer It can be tried. There are technicalities that started causing some problems in situations such as this. But, we found strategies that have worked to allow the request for the unused remainder time, even years later. (29.Feb.2016)In frequent sessions of our Chat, Sheela Murthy and...
