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28 Jan 2019

When I was last admitted to the United States in nonimmigrant status, I was issued an I-94 validity that exceeded the validity of the visa foil in my passport. Am I authorized to stay and work in the United States pursuant to my I-94 validity or am I limited by the validity dates listed in my visa foil?

Answer The validity of the visa foil in your passport does not necessarily control the validity of your stay and authorized activities (work, travel) in the United States. It is possible that an I-94 can exceed the validity of a visa foil. Furthermore, different nonimmigrant status...

11:12 / FAQs / For Individuals / Student / Visitor / Worker
28 Jan 2019

I am contemplating opening an LLC company. Can that company sponsor me for H1B classification if I own a substantial portion of the company? Can I apply for an H1B if I am self-employed?

Answer Although H1B classification generally is prohibited in self-employment situations, it nevertheless is possible to have an H1B filed through a company in which you have an ownership interest. However, that company must still be able to demonstrate control in an employer-employee relationship. Generally, that would...

11:08 / FAQs / For Individuals / Worker
14 Jan 2019

My EB3 I-140 is approved and my I-485 is pending. Is leisure travel / vacation outside the U.S. allowed using my advance parole (AP) document?

Answer Yes, generally there are no restrictions on traveling based on AP while one has a pending I-485. (14.Jan.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here.Access...

12:31 / Employment Based / FAQs / For Individuals / Resident / Travel / Worker
14 Jan 2019

After my I-140 was approved, I got divorced. I have since remarried. Can I add my new wife to the I-140?

Answer There is no need to "add" one's wife to the I-140 in this situation. When the priority date is current, both spouses generally are eligible to file their I-485 applications, regardless of whether the current spouse is listed in the I-140. (14.Jan.2019)In frequent sessions of...

12:27 / Employment Based / FAQs / For Families / For Individuals / Immigrant Family / Resident / Worker
07 Jan 2019

I filed an application to change status from H1B to H-4, and the application is still pending. I just received a new job offer. Can I go back to H1B and start working in the new position?

Answer If one's H1B I-94 has not yet expired, this may be possible, depending upon the circumstances. However, this is a complex question, so one in this situation should talk to a qualified attorney for individualized advice. (07.Jan.2019)In frequent sessions of our Chat, Sheela Murthy and...

08:36 / FAQs / For Employers / For Families / For Individuals / Nonimmigrant Family / Worker
07 Jan 2019

I am in H-4 status and my I-94 is valid through March 2020. My husband just moved to a new employer, and his H1B I-94 is valid through December 2021. Do I need to file a new I-539 because of his change of employer?

Answer H-4 status is not tied to a particular employer, so one in this situation normally would not be required to file an extension. However, it is important to keep track of the different expiration dates, to avoid accidental overstays. (07.Jan.2019)In frequent sessions of our Chat,...

08:29 / FAQs / For Families / For Individuals / Nonimmigrant Family / Worker