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13 Jul 2015

Premium Processing Service to Resume for H1B Extensions

The U.S. Citizenship and Immigration Services (USCIS) announced this morning that acceptance of premium processing requests for H1B extension of status petitions would resume, effective today, July 13, 2015. Any premium processing requests for H1B extensions received before July 13, 2015 will be rejected.The USICS...

12:53 / For Employers / For Individuals / H1B / NewsBrief / USCIS News
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13 Jul 2015

Is an H1B amendment needed if the work location is moved to a different city within the same county listed on existing LCA and petition?

Answer The amendment for location change is not needed if the relocation is within the same Metropolitan Statistical Area (MSA) covered by the LCA. The MSAs are often fairly large geographic areas, but it is necessary to check the new location. Similarly, if the location is...

12:32 / FAQs / Worker
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13 Jul 2015

I am in my 6th year of H1B, and will soon change to H-4 and apply for an EAD. If I find an employer to sponsor me for a green card, can I then change back from H-4 to H1B?

Answer Potentially, it is possible to change back to H1B from H-4 after completing most of the six-year period. If the GC is far enough along to qualify the beneficiary to extend H1B status beyond 6 years, this change of status to H1B would be possible...

12:26 / Employment Based / FAQs / Resident / Worker
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13 Jul 2015

I am in H1B and am sponsoring my mother’s B-2 application. By the time she goes for “stamping” I will have moved to a new employer. Will this create a problem for her B-2 case?

Answer A B-2 application is made by the individual seeking to visit the U.S. There may be an invitation from a person in the U.S. and there can also be an affidavit of support (I-134 form). The change to a new H1B employer should not impact...

12:24 / FAQs / Visitor / Worker
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13 Jul 2015

An RFE was issued on my H1B extension filed by company A. My I-94 expired after this petition was filed. Can company B sponsor me for a change of employer while company A’s case is pending?

Answer Yes, company B can file an H1B petition in this situation. However, whether or not any approval given through company B will have an I-94 at the bottom depends upon the outcome of A's case. This type of filing pattern is known as bridging -...

12:11 / FAQs / Worker
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06 Jul 2015

Can I apply for H1B under the master’s cap if I have been working in India since I graduated a year ago?

Answer Yes, if one qualifies for the advanced-degree cap exemption, it does not matter where s/he is located when the case is filed. It also does not matter when the degree was earned, only that the degree requirements were completed before filing the petition. (06.Jul.2015)In frequent...

07:18 / FAQs / Worker
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06 Jul 2015

Can I enter the U.S. in H-4 status if I am 6 to 7 months pregnant?

Answer Yes, a person who is visibly pregnant is allowed to enter the U.S. in H-4 status. This is not the same as a person on a tourist visa just trying to get U.S. citizenship and/or U.S. medical services for the baby. It is important to...

07:11 / FAQs / For Families / H-4 Dependents / Nonimmigrant Family / Worker
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06 Jul 2015

I am in H1B status and my wife is on H-4. She was sponsored for an H1B position this year that was approved with an October 1st start date. If I change jobs now, will it impact her H1B?

Answer A change of H1B jobs does not impact the spouse's H-4 status. The H-4 is spouse-specific, not specific to the H1B spouse's job. Your wife's H1B petition is entirely separate, although the change of status presumes that the H-4 status will stay in place until...

07:10 / FAQs / Worker
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29 Jun 2015

Can an H1B worker continue to work past the “Admit Until Date” on the I-94, if the H1B visa stamp is valid beyond the I-94 date?

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...

15:27 / FAQs / Worker
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29 Jun 2015

My employer is filing an H1B amendment, but I don’t have paystubs from the past couple of months. Will this be a problem?

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...

15:27 / FAQs / Worker
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