Answer It is impossible to predict the number of cases that will be filed for this year's cap. But, based on what we are seeing with our clients, the numbers may be somewhat higher than last year. (28.Mar.2016)In frequent sessions of our Chat, Sheela Murthy and...
Answer An employer has an obligation to complete form I-9 for all new hires to verify that the employee is authorized to work in the United States. The EAD would provide that documentation, but one would not have to provide the H-4 I-94. Of course, by...
Answer Yes, but if you travel with a change of status pending, the COS will be deemed abandoned and the case will be processed for consular processing. Therefore, in order to return in H1B status, one would typically need to apply for an H1B visa "stamp."...
Answer The H-4 and the H-4 EAD are not specific to the spouse's job. As long as the principal spouse maintains valid H1B status, a change to a new employer typically would have no impact on the H-4 EAD. (14.Mar.2016)In frequent sessions of our Chat, Sheela...
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,...
