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04 Mar 2019

When I filed my first H1B petition, I only had a bachelor’s degree in computer science. I have since completed a master’s degree in computer science. Can I include it when I file for my H1B extension?

Answer One could reference a subsequently obtained master's degree in an H1B extension. However, this would generally not provide any particular benefit, unless one had been moved to a position that requires a master's degree. (04.Mar.2019)In frequent sessions of our Chat, Sheela Murthy and other senior...

11:28 / FAQs / For Individuals / Worker
25 Feb 2019

I have a pending I-485 based on my approved I-140, and am working based on an EAD. If I lose my current job, but have a valid job offer for a similar position with another employer, can I stay in the U.S.? Does it matter that I have not yet joined the new employer?

Answer Actual employment is not required for purposes of a pending I-485. Technically, all that is required is an offer of future employment, and the applicant must intend to start the new position once the green card is issued. (25.Feb.2019)In frequent sessions of our Chat, Sheela...

16:15 / Employment Based / FAQs / For Individuals / Resident / Worker
25 Feb 2019

My H1B extension has been pending for months, and my I-94 just expired. My project will soon end. Can I file an application to change status to H-4?

Answer In general, if a change-of-status application is filed while a timely-filed extension is pending, and one's I-94 has expired, the USCIS will only approve the change of status if the extension is approved. (25.Feb.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys...

16:13 / FAQs / For Individuals / Worker
25 Feb 2019

I am in H1B status and am being promoted to a managerial position, where I will have one direct report. Does this qualify me for an EB1(c), multinational manager / executive case?

Answer In order to qualify for the EB1(c) category, one must have worked abroad as a manager or executive for at least one year, and then be offered a managerial or executive position with a related company in the U.S. Without the qualifying foreign experience, one...

16:09 / Employment Based / FAQs / For Individuals / Resident / Worker