Answer No, the visa "stamp" is an entry document, only. The I-94 determines status. If a person wants to work beyond the H1B I-94 date, a petition to extend status typically must have been filed by the employer prior to expiration of the I-94. (29.Jun.2015)In frequent...
Answer In order to obtain approval of an amended H1B petition with an I-94 reflecting continued / extended status, it is necessary to show that one is in valid status at the time the amendment is filed. For H1Bs, this proof normally would include paystubs. H1B...
Answer Yes, it absolutely is an issue both at the POE and when applying for a green card. The matter has to be analyzed to see how much of an issue. This depends upon the procedures for dismissal in the state (sometimes, these are still considered...
Answer There is no requirement to stay with the employer for a period of time after the I-140 is approved. Of course, in order to file the I-485 and potentially obtain a "green card" the job offer must continue to be valid. So, if one gets...
Answer The H1B visa "stamp" in the passport is valid through to its expiration. It is not company specific. It is not specific to a particular petition filed with one's employer, even though it has the name of the employer on the visa. So, no, it...
Answer If the first H1B in this example is cap-subject and the full 6-years of H1B time have not yet been used, the answer generally would be no. As a general rule, people only need to be counted against the cap once. (22.Jun.2015)In frequent sessions of...
Answer No, unless you happen to have a Canadian-born spouse. People are chargeable to their countries of birth, with limited exception. This rule applies even if a person acquires a new citizenship. (22.Jun.2015)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance...
As previously explained, the U.S. Citizenship and Immigration Services (USCIS) has temporarily suspended premium processing for certain H1B petitions, from May 26 through July 26, 2015. In announcing the suspension of this service, the USCIS noted that this would only apply to cases "…requesting an extension...
The U.S. Citizenship and Immigration Services (USCIS) has released interim guidance addressing employer obligations for filing amended petitions for H1B workers who have been moved to new worksites. The guidance sets a deadline of August 19, 2015 for H1B employers to come into compliance with the...
Employers who are required to file amended H1B petitions due to employee worksite changes must do so by August 19, 2015. USCIS guidance, issued May 21, 2015, interprets H1B amendment requirements in light of a recent Administrative Appeals Office (AAO) decision, Matter of Simeio Solutions,...
