24 Jul 2017

I have an approved I-140, but I plan on leaving my employer and moving out of the U.S. for the time being. Can I still keep the same priority date if I return to the U.S. in a few years?

Answer Leaving the United States generally would not cause one to lose a priority date. A U.S. company typically could file a new PERM and I-140 for the individual, and transfer the old priority date to the new I-140. (24.Jul.2017)In frequent sessions of our Chat, Sheela...

24 Jul 2017

I was issued a B-1/B-2 visa a few years ago based on an invitation letter from a U.S. company that I no longer do work for. Can I use the same B-1/B-2 visa to visit my brother in the U.S.?

Answer A B visa ordinarily is not sponsored by an employer. With few exceptions, once it is issued, it may be used to request admission for business or pleasure. (24.Jul.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the...

24 Jul 2017

If I move from H1B to H-4 EAD, would I be able to later convert back to H1B? Would I have to go through the lottery again?

Answer Generally, one could be sponsored for a change back to H1B at any time, assuming that one has H1B "time" remaining. (24.Jul.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on...

17 Jul 2017

I am in H1B status and I have an approved I-140. If I move to H-4 EAD, will that impact my GC case?

Answer The I-140 and associated priority date would not normally be affected by a change in nonimmigrant status. (17.Jul.2017)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...

17 Jul 2017

I am on OPT cap gap. My H1B petition was selected in the lottery, but an RFE was issued. If the case is still pending beyond September 30th, can I continue to work?

Answer Generally speaking, one on F-1 cap gap may not continue to work beyond September 30th of that year until and unless the H1B change-of-status petition is approved. (17.Jul.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law...

17 Jul 2017

I applied for a change of status from B-2 to H-4 right before my I-94 expired. It has now almost been 180 days, but my application is still pending. Do I need to leave before I reach the 180-day mark?

Answer Normally, one who has timely filed a change-of-status application is in a "period of authorized stay" until a decision is issued, regardless of how long it takes. (17.Jul.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law...

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