Answer The options here depend upon the situation. If the I-94 has not expired, we typically would recommend refiling the H1B petition as both an amendment and extension request. However, if the I-94 has expired and there is a client change while an extension is pending,...
Answer The 240-day work authorization runs from the date the old H1B expired. Up until the expiration date, the person is working based upon that approval. After that, the individual can work for up to 240 days based upon the EOS with the same employer. (15.Feb.2016)In...
Answer An L-2 spouse is not subject to the 5-year time limit. But, one cannot be in L-2 status if there is no L-1 principal. So, once the principal worker runs out of L-1 time, the dependent spouse can no longer maintain L-2 status (or use...
Answer Anecdotally, that certainly appears to be the case. But, we still like to use premium processing for many of the H1B petitions we file. Because it is taking so long for the USCIS to adjudicate cases filed for regular processing, that can make responding to...
Answer The answer is maybe. An H1B worker needs the equivalent of a U.S. bachelor's in a related field. It is possible to combine education and experience to equate to the degree OR to just qualify based upon experience. The education would have to be reviewed...
Many inquiries regarding the projected timeline for fiscal year (FY) 2017 H1B cap case milestones continue to reach the Murthy Law Firm. While most applicants are aware that they can begin filing H1B cap-subject cases on the first business day in April each year, there...
The U.S. Citizenship and Immigration Services (USCIS) has acknowledged noticeable delays in processing H1B petitions. The American Immigration Lawyers Association (AILA) raised concerns over these delays in a call with USCIS Service Center Operations (SCOPS) on February 3, 2016. A prime cause of the delays...
Answer In order to become eligible for another six years of H1B time, a person must spend a year outside of the United States. It is not sufficient to simply spend a year (or more) in the U.S. in another status like F-1. (08.Feb.2016)In frequent sessions...
Answer If a person wishes to enter using an unexpired H1B visa, there must also be a valid H1B petition and a corresponding H1B job. The visa, even though unexpired, is only appropriate if one is properly eligible to enter as an H-1 - which means...
Answer This is a tricky area. H1B workers can only work for the H1B employer. Passive investment is permitted (e.g., buying stock in a company). Other revenue generating activities can be considered unauthorized self-employment. For many such activities, the rules are not entirely clear as to...
