Answer Yes, that should be fine. There is no requirement that the person currently be working for the H1B sponsor. (04.Mar.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 ©...
Answer CBP officers at the port of entry have the discretion to issue an I-94 10-days beyond the H1B petition end date. The foreign national cannot work during that 10-day period, but may remain in the U.S. during that time. (04.Mar.2020)Sheela Murthy and other senior attorneys...
Answer Ordinarily, yes, the dependent spouse must be in the U.S. at the time the H-4 EAD application is filed. After filing, however, one typically may travel abroad without impacting the pending EAD application. (26.Feb.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....
Answer Anecdotally, there appears to be a higher incidence of RFEs on cases filed for premium processing. However, we have not noticed an increased denial rate for these cases. (26.Feb.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...
Answer Health insurance obtained through the Affordable Care ACT (ACA), commonly referred to as Obamacare, is not considered a positive or negative factor for public charge purposes. (26.Feb.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...
The Office of Management and Budget (OMB) has approved the public charge questionnaire (form DS-5540), and the U.S. Department of State (DOS) will implement its new public charge rule, effective February 24, 2020. The DOS has also updated the Foreign Affairs Manual (FAM) with instructions...
Answer Yes, two (or even more) employers may submit registrations for the same individual, assuming each company has a job opportunity for that person. However, a company cannot file multiple registrations for the same person. Similarly, a company cannot typically use a related entity (e.g., affiliate,...
The U.S. Citizenship and Immigration Services (USCIS) has released a new version of form I-9, the employment eligibility verification form. Employers may start using the new I-9 form now, but must use it after April 30, 2020. Although the I-9 form appears to be innocuous...
Answer No. If Company A submits the registration that is selected, generally speaking, only Company A is permitted to file the corresponding H1B petition. The individual listed in the registration is not considered to have been counted against the cap unless the H1B petition is approved,...
Answer Following the denial of an H1B extension, the employer typically has 30 days (or 33 days if by mail) from the date of the decision to file a motion or appeal. However, this does not provide any type of grace period for the beneficiary. Once...
