Answer I am assuming that the H1B petition was revoked by the employer after the job ended. In that case, yes, it is generally possible to travel using the unexpired visa and the new approved petition. The petition revocation generally does not revoke or otherwise void...
The U.S. Department of Labor (DOL) Employment and Training Administration (ETA) has released data on labor conditions applications (LCA) filed in connection with H1B petitions during fiscal year 2015 (FY15). The information reflects the number of LCA filings, as well as the most common occupations, the...
Answer As long as the I-140 remains valid (i.e. not withdrawn by the employer), one can use that I-140 approval as a basis to request a 3-year H1B extension with any employer. There is no wait time to use the I-140 approval for H1B extension, even...
AnswerGenerally, an H1B individual is only able to work for the H1B petitioning employer. With other income, the question is whether the USCIS would consider it to be evidence of unauthorized employment. The test would be whether this is an active or passive investment. For...
A decision issued by the U.S. Department of Labor earlier this year illustrates the importance of systematizing the selection of the wage levels when filing H1B petitions. In Quintanilla v. Myriad RBM Inc. the DOL considered whether the employer had paid the correct wage to...
In response to the unjust changes made to the October 2015 Visa Bulletin, sixteen members of Congress have signed on to a letter sent to Secretary of Homeland Security Jeh Johnson and Secretary of State John Kerry, urging the Department of Homeland Security (DHS) to "…implement...
Answer The H1B petition has a starting date. That is when one is supposed to start working for the H1B employer. I am assuming that the H1B was approved with a change of status (I-94). There may be a bit of flexibility with respect to the...
AnswerThere is typically an abbreviated type of background check done in the H1B petition context. This normally does not cause a delay and, essentially, goes unnoticed by the petitioner / beneficiary. Sometimes, however, there are issues of concern regarding either the individual employee or the...
Answer The visa 'stamp' can be used as an entry document through its expiration date. This document can be used with the new extension, although that sometimes causes issues with "short" I-94s at the port of entry. So, be sure to present the latest I-797 approval...
The rule proposed by the U.S. Department of Homeland Security (DHS) to revise and reauthorize the STEM optional practical training (OPT) program was published in the federal register on October 19, 2015. The proposed rule would increase the duration of STEM OPT extensions to 24...
