23 Feb 2023 Overview of PERM Headquarters Rule
In applying for a PERM labor certification, the worksite generally must be listed. While this location was traditionally the employer’s address, the increased use of virtual offices and remote work has complicated the analysis for determining the correct location to note while filing the PERM....16 Feb 2023 After completing my undergraduate degree in the U.S., instead of using OPT, I moved directly to a master’s program. When I complete this, can I use the OPT period from the bachelor’s plus the OPT period from the master’s program?
Answer No. If OPT is not used following the completion of one program, that OPT period cannot be added to OPT available through the completion of a subsequent program. (15.Feb.2023) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on...09 Feb 2023 I am in H1B status and have an approved I-140. If I move to H-4 status and work on an EAD, will that have a negative impact on my green card case?
Posted at 10:07hin Employment Based, FAQs, For Families, For Individuals, Nonimmigrant Family, Resident, Worker
Answer A change from H1B to H-4 typically would have no impact on the I-140. (09.Feb.2023) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here. Copyright ©...19 Jan 2023 I am not able to get an experience letter from my previous employer. To show I qualify for an EB2 position, can I instead submit affidavits from my former coworkers?
Answer A letter from the previous employer is typically preferred. But, yes, if it is not possible to get such a letter, it may be possible to use coworker affidavits as evidence of past employment experience. (19.Jan.2023) Sheela Murthy and other senior attorneys provide guidance...12 Jan 2023 I am in H1B status and have an approved I-140. I recently got married in India and my wife is waiting for her appointment at the consulate to apply for an H-4 visa stamp. Can she apply for an H-4 EAD now, while she is still in India?
Answer Typically, it is not permissible to apply for an H-4 EAD while the applicant is outside the United States. (12.Jan.2023) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs...22 Dec 2022 Right after my husband’s I-140 was approved, I applied for an H-4 extension and an H-4 EAD. Those applications were submitted with my husband’s H1B extension, which was filed using premium. The USCIS approved the H1B along with my H-4 and EAD within 2 weeks. About 2 months later, though, my husband’s employer told him he would be laid off in January. He has a new job lined up, so he will remain in H1B status, but will this create problems with my H-4 EAD? Does it matter if the old employer withdraws my husband’s I-140?
Posted at 07:57hin Employment Based, FAQs, For Families, For Individuals, Nonimmigrant Family, Resident, Worker
Answer If one’s spouse moves to a different H1B employer, this generally does not impact the H-4 status or existing EAD. Similarly, even if the employer withdraws the I-140, this does not have a direct impact on the existing H-4 EAD. However, depending on how...