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26 Aug 2020

I have an approved H1B petition, but am stuck in India and am subject to the executive order. I do not believe I qualify for any of the exceptions. However, I do have a B-1 visa. Can I enter on B-1 and then change to H1B?

Answer A person may not normally enter the U.S. on a B-1 visa with the intention of changing status to H1B. (26.Aug.2020)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...

14:55 / FAQs / For Individuals / Travel / Worker
26 Aug 2020

My husband’s H1B extension is pending, as is my H-4 extension. Do I have to wait for the H1B to be approved before applying for an H-4 EAD?

Answer Assuming you meet all the other requirements for an H-4 EAD, it typically is possible to file the EAD application while the H1B and H-4 extensions are still pending. (26.Aug.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...

13:09 / FAQs / For Individuals / Resident / Worker
20 Aug 2020

My H1B registration was selected in the first lottery, but my employer lost the project and did not file a petition for me. Now that the second lottery has taken place, if my employer has a project for me, can the H1B petition now be filed?

Answer Assuming that your registration's filing deadline has passed - and virtually all of the initial registrations had a filing deadline of June 30, 2020 - it generally would not be possible to file the case now. (20.Aug.2020)Sheela Murthy and other senior attorneys provide guidance that...

11:23 / FAQs / For Employers / For Individuals / Worker
20 Aug 2020

I saw that the September 2020 Visa Bulletin was just released, but there was almost no movement. Is there likely to be more movement next month?

Answer The new fiscal year starts on October 1, 2020, and with it, a new annual allotment of immigrant visas. Priority dates likely will advance in October, but we do not know yet how much movement there will be. (20.Aug.2020)Sheela Murthy and other senior attorneys provide...

11:20 / Employment Based / FAQs / For Employers / For Individuals / Resident / Visa Bulletin
20 Aug 2020

My I-140 is approved, but I just received a good job offer in India. I would like to work there for at least a few years. Can I do that without abandoning my I-140?

Answer Generally speaking, leaving the U.S. would have no impact on the validity of the I-140 approval. It typically is permissible to be outside the U.S., even for an extended period of time, and then apply for the green card later, when the priority date becomes...

11:17 / Employment Based / FAQs / For Employers / For Individuals / Resident / Worker