Answer Time spent in L1A status generally counts against the 6-year max for H1B time. An approved I-140 cannot be used to extend L1A status beyond the 7-year max, but can be used to extend H1B status beyond the standard 6-years allowed.That being said, the approved...
Answer Unfortunately, the priority date from an employment-based case cannot be ported to a family-based case. Any family-based petition would be issued a brand new priority date. (23.Oct.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in...
Answer Ordinarily, once a person changes to H1B status, any remaining period of OPT is lost and cannot be regained. (23.Oct.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,...
Answer Generally speaking, travel while a COS to H-4 is pending will automatically result in the application being considered abandoned. One in this scenario could enter on the existing H1B visa (assuming the visa and H1B petition are still valid, and one will be returning to...
Answer No, not all nonprofits qualify to hire cap-exempt H1B workers. In general, nonprofit and government research organizations qualify. Not-for-profit universities and their nonprofit affiliates are also cap exempt. (23.Oct.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the...
Answer OPT is intended to provide practical experience in the field for which one received one's degree. Work in a different field is not permitted. Further, while a person may generally be self-employed while in the initial 12-months of OPT, self-employment typically is not permitted while...
Answer If an H1B extension is timely filed and the person's I-94 then expires, an H1B change of employer (frequently referred to as a "transfer") typically would only be approved for consular processing unless the extension is approved. One should consult a qualified attorney in this...
Answer The "green card" process can typically be started at any time, regardless of one's current nonimmigrant status. (02.Oct.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...
Answer Typically, there is no requirement that the foreign national be employed by the company sponsoring the PERM case until the green card is actually issued. In many circumstances, it can be helpful for the case to have the person employed by the sponsoring company from...
Answer This is not true. We have seen a huge number of these RFEs questioning level 1 wages. However, these can be responded to, and we have already received some approvals. (25.Sep.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that...
