Answer Even if the H1B extension was based upon the pending I-140, the denial does not disrupt the existing H1B status. This assumes there was no fraud finding against the individual in the denial. Of course, the concern with respect to the H1B is finding a...
Answer It is permissible to travel with an amendment pending. If there is a valid H1B visa 'stamp' and approved petition for reentry, this typically is sufficient. It may be best to have the amendment receipt notice, in case of any questions. If the amendment is...
Earlier today, both the U.S. House of Representatives and the U.S. Senate passed an omnibus spending bill that serves to prevent a government shutdown. President Obama has indicated that he will sign the bill into law once it reaches his desk. Included within the massive...
Answer There is no law requiring the use of an attorney for immigration cases. There are, however, many things that can and do go wrong when cases are prepared without proper legal advice. Some companies do H1Bs internally, but very few try PERMs on their own....
Answer It is risky to leave the initial sponsoring employer prior to the 180-day mark. Simply filing the H1B would not automatically result in the loss of the I-485. But, if one does not plan to return to the sponsoring employer upon issuance of the green...
Immigration law is highly complex, often considered on the level of federal securities law or tax law in its intricacy and complexity. Misunderstandings are common and, frequently, get mixed in with helpful tips exchanged online and elsewhere. A common misconception is a mythical grace period...
Answer It is necessary for the job offer in the I-140 to still be valid in order to file the I-485. The I-140-sponsoring employer needs to support the case at the I-485 stage. The ability to change sponsorship to a same / similar job only comes...
Answer If the H1B worker loses his job and falls out of status, the H-4 will also be out of status. This risk is an unfortunate reality of working on an H-4 EAD. The options in such a situation may be extremely limited, depending on the...
Answer This question would have to be asked of the school. Universities set their own definitions for the various tuition levels. (07.Dec.2015)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...
Answer Yes, H1B workers can attend school in addition to their employment. The guidance on this is brief; it just says that the H1B job must be the primary purpose for being in the United States. So, we usually think of this as full-time work, part-time...
